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Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ...... side of the chest of Fazle Karim, accused Shanu gave shol blow on his back and accused Mahibullah gave lathi blow on the head of the said victim, Fazle Karim and as a result he sustained bleeding injuries on his person and fell down on the ground. Then other accused Tafazzal, Gaznabi and Nasu a..Category: Criminal Law | Date: | Hits: 50
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
....ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......ormed that a dead body of a woman was lying in front of house of Taher Shaheb; informant's daughter Sadia Sultana went to that place and saw the deadbody of her mother Sharifa Khatun with multiple injuries. Nurazzaman Mia, husband of deceased victim Sharifa Khatun, lodged F.I.R. with Kishoregonj..Category: Criminal Law | Date: | Hits: 52
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ......ent was exculpatory as the maker did not implicate himself in the commission of the alleged crime, more so, the same did not also corroborate with the post-mortem report concerning anti mortum injuries of strangulation to the neck of deceased. Learned Advocate submits that High Court Divisio..Category: Criminal Law | Date: | Hits: 96
Khalil Mia and others Vs. State, 2007, 36 CLC (AD)
.... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ......ed Thanda Dana, accused Jakir and Shahid gave dao blow to the victim and caused grievous injury and some of the accused persons assaulted some of the witnesses indiscriminately and caused grievous injuries. 3. The police investigated the case and submitted charge sheet on 15.04.1990..Category: Criminal Law | Date: | Hits: 40
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....nd no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ......Code of Criminal Procedure and forwarded them to the Court. It is also alleged in the First Information Report alleging the accuseds to be the woman trafficker and that the accuseds caused several injuries in the body of the victim on different causes. 3. On receipt of the First Informati..Category: Criminal Law | Date: | Hits: 52
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......s left side of chest accused Sanowar dealt a fala blow on the person of Ansar which also entered into the left side of chest; accused Aziz dealt fala blow towards the chest of Golap who got serious injuries. Wadud and Mahabub Hossain Madhu raised alarm and tried to rescue the victim then accused ..Category: Criminal Law | Date: | Hits: 35
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....f the suit on the ground of not praying for cancellation of the deeds on payment of ad valorem Court fees "does not inspire any confidence in me. The suit is maintainable as it was a suit for simple declaration". Secondly, the four impugned deeds were not put into evidence. It was......fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ..Category: Property Law | Date: | Hits: 34
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......rence Billal Hossain, a supervisor of the Company and a trade union leader belonging to the accused's rival group was hurled on the ground from the sixth floor of the building causing multiple injuries and fractures on different parts of his body. The victim succumbed to Ms injurie..Category: Criminal Law | Date: | Hits: 44
State Vs. Kamal Uddin @ Pichchi Kamal, 2005, 34 CLC (AD)
.... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ......ndent Kamal Udding @ Pichchi Kamal accused Habibur Rahman and Hosain Mia assaulted his brother indiscriminately who was shifted to the Upazila Health Complex for treatment and that as a result of the injuries he succumbed at the Upazilla Health Complex and accordingly the case was started and the ..Category: Criminal Law | Date: | Hits: 47
Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ......ken in the Local Palashbari Hospital. Due to his deteriorated condition of Saidur Rahman, he was taken to the Rangpur Medical College Hospital and on 23.04.97 at about 4.30 a.m. he succumbed to his injuries. Further case of the informant is that he along with others witnesses having been admitted..Category: Criminal Law | Date: | Hits: 97
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
.... of any case made out by the plaintiffs of dispossession within twelve years of the suit filed by them, they would be entitled to get recovery of possession. 9. On the first question the answer is simple in view of the settled principle laid down by the superior courts on the point. In the case o......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ..Category: Procedural Law | Date: | Hits: 36
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......causing deep bone cut injury. Accused Shamsuddin hit the informant with dagger resulting injury on check. The further case of the prosecution was that victim Ruhul Amin died on the spot a result of injuries caused by the accused persons. The local witness arrived on the spot and had seen the occu..Category: Criminal Law | Date: | Hits: 47
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......respondent. After the occurrence Mamun was first taken to Naogaon Hospital and on further deterioration of his condition he was taken to Rajshahi Medical Hospital but on the way he succumbed to his injuries and thereafter the informant having learnt about the occurrence lodged the F.I.R. ..Category: Criminal Law | Date: | Hits: 58
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....of the suit plots is not lawful and the plaintiffs being trespassers cannot get a decree for permanent injunction and the further submission that the High Court Division ought to have held that a simple suit for permanent injunction is not maintainable when complicated question of title is invol......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....t it is also open to him to adduce evidence to show that it is not in fact an "admission' but is the result of bonafide mistake of fact. The appellate Court left the issue undecided by a simple observation that "since the onus lies on the petitioner (Pre-emptor) to prove it and he......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ..Category: Property Law | Date: | Hits: 35
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....cellaneous petition the Court, by a majority judgment, allowed the petition and found Mujibur Rahman Sikder guilty of contempt of Court and sentenced him to pay a fine of Tk.1,000/-, in default, to simple imprisonment for three months. The Court further ordered as follows: ''In view of our Orde...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ther accused in view of section 3 of the Evidence Act. The statement of a co-accused does not fall within the definition of evidence as given in section 3 of the Evidence Act. This is for the simple reason that it is not made on oath, that it is not made in presence of other person affected...... on the dead body of Rahim Farazi and they stated that they found mark of black ink in the left thumb of the deceased. The Medical Officer (P.W.3) gave the opinion that death resulted from multiple injuries, caused by blunt weapons such as kicks, fists, blows which were ante-mortem and homicidal..Category: Criminal Law | Date: | Hits: 63
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ...... other question, which is common to all the accused convicted, is whether the divergence, if any, between the evidence of the eyewitnesses and the medical evidence as to the nature of the injuries in the dead body may provide a sufficient ground for out right rejection of the parti..Category: Criminal Law | Date: | Hits: 57
State Vs. Abul Kashem, 1985, 14 CLC (AD)
.... the allegation was read out, all of them pleaded guilty whereupon the learned Magistrate accepted the plea and convicted them accordingly and sentenced them to Tk. 100/- each, in default, to simple imprisonment for 3 days. One of them namely accused respondent Abul Kashem, referred appeal ...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......day at about 10.00 A.M. he came to learn that the dead body of his son was lying on the road of embankment of Rangamati Kalapani Beel. He went there and found the dead body of his son with bleeding injuries and wounds caused by sharp cutting weapon and gun fire on his head, left waist, left arm ..Category: Criminal Law | Date: | Hits: 35