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State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)
....aper books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55.......nts at the instruction of the accused petitioner interrupted the father of the victim to erect boundary wall and demanded TK.5 lacs to him otherwise they threatened him to be killed. On the date of occurrence while the victim Kamrul Islam alias Momin was on the way to his college, at the instance ..Category: Criminal Law | Date: | Hits: 42
Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)
.... of paper books is dispensed with as prayed for. The period of order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21.......has committed illegality accepting the death reference in not considering that there is no eye witness in the case and even the important, disinterested reliable neighbour of the alleged place of occurrence were not examined as cited in the charge sheet and those who were examined are highly int..Category: Criminal Law | Date: | Hits: 49
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......Act under which it was imposed.” 24. In the case of Akhtar Hossain Khan and others Vs. The State reported in 29 DLR (SC) 101 where FIR was lodged at the Police Station of Mehdiganj in respect of occurrence took place on 04.08.1972, charge sheet was submitted on 20.07.1974 and cognizance was tak..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ...... the Chairman came and saw the dead body. On interrogation by the local Chairman, witnesses Faiz Ahmed aged 7/8 years and Salim Mia also of the same age, disclosed that at about 4.00 PM on the day of occurrence both of them were plucking and eating jujube (বরই/কুল) from a jujube tree whe..Category: Criminal Law | Date: | Hits: 84
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
.... 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. ......reat of death compelled him to get Kabinnama executed and registered by obtaining his signature therein. He got release in the early morning at 5.00 AM and returned home and disclosed the fact of the occurrence to his relatives. Subsequently, the defendant No. 1 came to know that the plaintiff was p..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. ......He proved the first information report as Exhibit 1 and his signature therein as Exhibit 1/1. 4. Pursuant to such first information report, the local police registered a case, visited the place of occurrence, held inquest on the dead body of the victim, sent the dead body to the morgue and after ..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
....t accused Md. Masud Mia runs the shallow machine of his father. He refuted the defence suggestion that his daughter Arzina Khatun eloped with Babul and Anower Hossain and was kept confined in unknown places. He denied the defence suggestion that the accused has been falsely implicated in the case ou......the accused left victim Arzina Khatun near their house when she raised hue and cry which attracted the attention of the inmates of the house and the neighbours. Victim Mst. Arzina Khatun narrated the occurrence to all those who came to the scene of occurrence clearly stating to them how she was take..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....within 24 hours and before sending him to jail. The accused petitioner is admittedly a civil important person (CPI) who has established house in the city and huge business establishments in different places. He cannot be said to be a hard-nut criminal in view of his status in the society. He cannot ......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....sion of the offence, which may consist of (a) the examination of various persons (including the accused) and the reduction of their statement into writing, if the officer thinks fit (b) the search of places or seizure of things considered necessary for the investigation and to be produced at the tri......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
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. ...... Fatik went out of the house with Abdus Sabur and on the eve of departure Abdus Sabur supplied telephone No. 723777 with him, PW 6 Nur Alam, bodyguard of Ershad Ali Sikder who gave a vivid account of occurrence leading to murder of Fatik and, also, disappearance of his body, PW7 Mollah Zafar Ali, Of..Category: Criminal Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285....... and other accused persons was innocence and false implication. 9. PW1 Prosecutrix Ratna Rani Achariya is Informant. She had blown wide open the prosecution case. In her evidence, she stated that occurrence took place on 10‑10‑1991 at 10.00 pm. Her father before departure for Oman kept her a..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....... Tofazzal, Jahangir, 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 accuse..Category: Criminal Law | Date: | Hits: 52
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....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. ......The learned Advocate for the appellant submits that the accused‑appellant is next‑door neighbour of the informant and he is not named in the first information report and not even suspected in the occurrence. The learned Advocate for the appellant continued to submit that the accused has been fal..Category: Criminal Law | Date: | Hits: 43
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....Hossain and others, reported in 43 DLR (AD) 63 it was held by our Lordships of the Appellate Division that Magistrate cannot discharge accused persons on the plea of alibi that they were at different places at the time of commission of offences alleged by the prosecution. It was held by their Lordsh......al others alleging that he acquired ownership in the disputed land by purchase from his paternal cousin. He improved the land and raised structures thereon and continued to live there. On the date of occurrence the accused‑opposite party and several others being armed with deadly weapons trespasse..Category: Administrative Law | Date: | Hits: 223
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......‑1998 while on her way to Chandihara Hat. PW 1, i.e. the father and informant in this case, was at the place of his work at Bogra Jamil Soap Factory. The father of PW 1 informed him (PW1) about the occurrence at about 7‑00 AM in the morning on 29‑6‑1998 and thereafter he returned home and sa..Category: Criminal Law | Date: | Hits: 54
Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)
....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......ferred Criminal Appeal No. 198 from jail and the convict Abdur Razzak preferred Criminal Appeal No. 2040 of 1999 from jail by two applications stating that they were falsely involved into the alleged occurrence and they have been falsely implicated in this case and they have been convicted by adduci..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. ......on report it has been clearly mentioned that accused opposite party No.2 Samir and other accused named therein had previous enmity with the informant's father and on 8‑7‑1998 prior to the date of occurrence there was a quarrel between the informant party and the aforesaid accused and again on 9..Category: Criminal Law | Date: | Hits: 82
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......strate has committed no illegality whatsoever. Regarding the third submission of the Counsel the law is clear and settled that both the civil and the criminal case on the suit same cause of action or occurrence can proceed together and the decision of this point reported in 11 BLT (AD) 156 223 ref. ..Category: Banking Law | Date: | Hits: 237
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....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. ......ubur Rahman (PW13), Md Babul (PW24) and Md. Motaleb Hossain (PW26) are seizure list witnesses. Of the remaining witnesses Md. Nur‑e‑Alam (PW2), the accomplice who is the only eye‑witness of the occurrence and Sk. Nasiruzzaman (PW14), Md. Sharaf Bepari (PW19), Ferdous Alam Faraji (PW28), Md. Mo..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. ......r to save his father's life laid strike on the head of accused Selim Sikder. Accused Babul Sikder fired at his father Ismail Kha on the call of accused Selim and Salam Kha. His father blurted out the occurrence to the witnesses. It is, also, his evidence that he sustained bleeding injury on left han..Category: Criminal Law | Date: | Hits: 54