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Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
....ted Family Suit No. 9 of 1999 before the Court of learned Senior Assistant Judge, Sadar, Mymensingh against the defendant Nos. 1 and 2 for dower of Taka 45,000 and maintenance for herself and for her minor son at the rate of Taka 1000 per head per month stating, inter alia, that the plaintiff was ma...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......rge under section 10(1) of the Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, shortly the Ain. Prosecution case has been narrated by Abdul Prodhania (PW1) which is as follows: 3. The victim Nilufa Akter has been given in marriage with the condemned prisoner about 7/8 years ago. Afte......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......‑o‑Shishu Nirjatan Daman Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM on 15‑4‑1998 victim Mst. Arzina Khatun, aged about 13 years, went to their family latrine to respond to the call ......of bruises and scratches on vital parts of her body, especially forearms wrist, thighs, breast, cheeks and the lower part of the abdomen. In addition to the marks of violence of rape, especially on a girl of tender age, the victim is likely to experience difficulty in walking and pain in micturition..Category: Criminal Law | Date: | Hits: 45
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ...... of first information report filed along with the appeal submitted that there was specific and serious allegation about overt act against accused-appellant Harun as to taking away forcibly by him the victim to a nearby sugarcane field by pressing her mouth to commit rape against her will and after i......r No. 17 dated 26‑7-2003 that learned Court below rejected the prayer for bail in consideration of obvious allegation in first information report against accused that he forcibly raped the victim girl of 14 years of age of the informant. Therefore, according to him, this appeal must fail when pr..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......09 of 2000 before this Court. 4. Death Reference, Jail Appeal and Criminal Appeals are taken up together for hearing and those are being disposed of by this common Judgment. 5. In the Judgment, victim Md. Jahangir Kabir Fatik shall be referred to hereinafter as victim Fatik. Convicts Ershad Al......peared in their house and disclosed that Md. Jahangir Kabir (Fatik) would be taken out even if he would have been two and a half hands beneath the mud. She, also, stated that Abdus Sabur along with a girl came to her house and demanded Taka 10,00,000 and disclosed that in the event of payment of tha..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
...., 43 DLR (AD) 6 and Masum and others Vs. State, 49 DLR 349. 57. Discrepancy has to be distinguished from contradiction. Whereas contradiction in the statement of the witness is fatal for the case, minor discrepancy or variance in evidence will not make the prosecution case doubtful and out of Cou......followed by death has become a regular episode. This is a disturbing phenomenon. Rape is an iniquitous crime and humiliating in a woman's/girl's life. Rape is not only a crime against the person of a victim girl/woman, it is a crime against entire society and, also, a crime against basic Human Right......neral-For the State-Respondent. Farida Khan with Masuda Rehana Begum-For the Informant-Added-Respondent. Criminal Appeal No. 1687 of 1996. Judgment AK Badrul Huq J.- Crime against a woman/girl in general and rape in particular is on spurt. Rape sometimes followed by death has become a re..Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......gir, Haider and Jahanara assaulted her indiscriminately. On the cries of the informant and other members of the house, neighbouring persons rushed to scene and saw and heard about the occurrence. The victim Mobfer died as a result of the injuries inflicted on his person by the accused persons. The e......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188...Category: Criminal Law | Date: | Hits: 52
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
.... that during occurrence the brother of the informant was chopped to death with dao, kodal and shavol, ornaments were looted, Sheoli, wife of deceased Tapan and Anima were gang raped. Even informant's minor daughter and elderly woman were not spared and subjected to dragging for sexual harassment. ......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ..Category: Criminal Law | Date: | Hits: 43
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......njured by the shots. He was under treatment at Dhaka Medical College Hospital when the first information report was lodged. Thereafter, he succumbed to his injuries. However, prior to his death, the victim made a dying declaration at Dhaka Medical College Hospital. The police after investigation s......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... proved the confessional statement which was marked as Exhibit 5. This witness has denied in cross‑examination that the confessional statement was not voluntary or that the condemned prisoner was a minor or that there was sign of beating on his person when the convict appellant was brought to his ......4 Part II of the Penal Code depending on the facts and circumstances proved in a criminal case. 24. This view finds support in the case of Abul Kashem and others Vs. State, 1990 BLD (AD) 210 where victim Mozahar died of some injuries caused on his vital parts by lathis and kicks and it was held t......dihara Bazar in the afternoon on the date of occurrence for buying medicine for the poultry and some coconut oil. Since his daughter Jannati did not return in the evening his relations looked for the girl. In the morning on 29‑6‑1998 Delwar, Badsha, Mabul, Kutu, Shahjahan searched the jute and s..Category: Criminal Law | Date: | Hits: 54
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ...... of them with common intention came to the place of occurrence and attacked them and while they wanted to flee away they were obstructed and then the fatal assault took place as a result of which the victim i.e. the father of the informant, succumbed. He then placed the relevant portion of the impug......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..Category: Criminal Law | Date: | Hits: 82
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....t to act upon such tainted evidence unless it is corroborated in material particulars by other independent evidence. It will not be safe to act upon such evidence merely because it is corroborated in minor particulars because such corroboration does not afford the necessary assurance that the main s......ses is that they have been falsely implicated in this case at the instance of the police. Their further defence case is that the enemies of condemned prisoner Ershad Sikder have concocted the case to victimise him and his associates ill collusion with the police who are not in any way involved in th......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......s observed here that danger of exaggerated devotion to Rule of benefit of doubt at the expense of social defence and to soothing sentiment that all acquittals are always good regardless of justice to victim and community demand especial emphasis in contemporary context of escalating crime. 6. Vie......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......d the enquiry on 17-4-94 and gave personal hearing to the petitioner. The enquiry officer submitted his report stating, inter alia, that the petitioner’s assertion is correct and the petitioner was victim of circumstances and committed some unlawful work to comply with the order of his superior of......efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136...
Category: Employment/Service Law | Date: | Hits: 72
Mukit and others Vs. State, 2011, 40 CLC (AD)
....in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ......icted a dao blow on the hand of Maruf Uddin (P.W.5), the informant. On hearing cries, it is alleged, other witnesses approached to the place of occurrence and then the petitioners left the place. The victim succumbed to the injuries on the spot. 6. Before we enter into the merit of the case, we......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....Court of the Upazila Magistrate, Faridganj in the District of Chandpur, being CR Case No.162 of 1991, alleging inter alia that she is a helpless widow. Her husband Arab Ali died leaving her and three minor sons without any asset to support them as a result of which she was leading a miserable life. ......n I find a significant departure in the prosecution case than what was made out in the petition of complaint. It is found from the evidence of PWs 2-3 that the accused had sexual intercourse with the victim on the promises of marrying her in the future. Under such circumstances, it is difficult to c......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125.......g off her blouse when the other accused persons tried to make her nude by pulling her sari. The accused persons also pulled her by the hair and her wearing apparels. Apprehending an imminent rape, victim Sakera gave a dao blow to accused Didarul Alam Chowdhury for saving her chastity. The accused......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ..Category: Others | Date: | Hits: 104
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......nt went there and identified the dead body of his brother Moklesh. 3. The further case of the prosecution, is that, before one year of the occurrence accused appellant Abu Jamal stole a net of the victim and his brother and the victim caught Abu Jamal and brought him to his house and there was a ......Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ..Category: Criminal Law | Date: | Hits: 55
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....land by purchase and 0.11 acre of land by way of inheritance, in total 0.58 acre that the defendant No.3 while in possessions of the aforesaid 0.58 acre, of land, sold the said lands to the plaintiff minor Bashibur Rahman Biswas by a registered Kabala dated 11-11-1980, and since purchase the plainti......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..Category: Property Law | Date: | Hits: 72
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