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Somed Ali Vs. State, 2011, 40 CLC (AD)
....death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ......ut they cross-examÂined the prosecution witnesses. 5. The case of the defence as it appears from the trend of cross-examination of the prosecution witnesses was that of innoÂcence and that the victim committed suiÂcide by cutting her own neck by a knife. 6. On conclusion of the trial, t......death is commuted to imprisonment for life. The jail authority is directed to remove the petitioner from the condemn cell immediately. Ed. This Case is also Reported in: 9 ADC (2012) 712. ..Category: Criminal Law | Date: 15 Dec, 2011 | Hits: 27
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. .................Respondent Judgment December 7, 2011. Result: The appeal is allowed. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); section 9 (1) The victim as a grownup woman lived together with the appellant for six years as husband and wife. She w......ous six years. It is further alleged that one day the appellant bringing a man in his rented house made a show up their marriage. 8. In the case reported in 59 DLR 301 it is held that the victim girl agreed to have sexual interÂcourse with the accused as he promised to marry her and for that t..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Masud Mahiuddin alias Masud Vs. State, 2011, 40 CLC (HCD)
....the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ......such other or further order or orders passed as to this Court may seem fit and proper. 2. In short, the case of the prosecution for the purpose of disposal of the Rule is as follows: 3. One victim informant Mrs. Shereen Sahia alias Sweatee lodged the FIR stating that the accused-petitioner......the trial. Let a copy of the Judgment and order be sent to the Court below at once for information and necesÂsary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 145. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 126
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....sion which maintained the conviction and sentence. 3. The facts which led to the conviction of the appellants are that on the night following 18th February, 2002 Anita Bala (P.W.2) along with two minor children Shyamol and Shamoly Roy had sufÂfered burned injuries by corrosive substance while t......the conviction and sentence, inasmuch as, there are strong circumstantial evidence to connect the appellants in the incident. 5. There is no dispute that the incident is a heinous one in which the victim Anita Rani (P.W. 2) lost her one eye and sustained other burn injuries on her neck and face. ......amination of the accused-persons under section 342 in the light of the observations made above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 50; 17 MLR (AD) (2012) 253; 9 ADC (2012) 520...Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are disÂcharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......erein one SI of Police informed that it was not a case of suiÂcide but murder. At 2-00/2-30 PM one brother and uncle-in-law of deceased visited there but husband did not come. They informed that the victim comÂmitted suicide. At 8-00 PM janaja prayer was held but no accused were present, even her ......led against them and they are disÂcharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......ellishment........ (47) Corroboration by independent and disinterested witness In a particular case all the eye witnesses may appear to be interested witnesses and bitter enmity between the victim and condemned prisoner may exist. But there must be corroboration by independent and disinter......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......homestead. Both he and the accused belong to the same homestead, hearing the alarm he having been awaken from the sleep found accused Matiur Rahman @ mati to inflict sharpen dao blow on the person of victim causing cut injuries in front of the house of accused Matiur Rahman @ Mati. Having seen the s......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Md. Jasim Uddin Vs. Raqib Mia and others, 2011, 40 CLC (HCD)
....ng Nari-o-Shishu Nirjatan Damon Case No.201 of 2009 before the Nari-o-Shishu Nirjatan Damon Tribunal, Narshingdi against the respondents alleging inter alia, that his daughter Ibana Akhter Sumi was a minor girl and a student of class-IX at Karimganj Darul Ulum Alim Madrasah within the police station......olding a shalish, for which they became more furious and hatched up a conspiracy to give him a good lesson. Accordingly the respondents being equipped with dao, stick and hockey-sticks obstructed the victim Ibana Akhter Sumi again on 15.4.2009 when she was going to the Madrasah to sit in examination......i-o-Shishu Nirjatan Damon Case No.201 of 2009 before the Nari-o-Shishu Nirjatan Damon Tribunal, Narshingdi against the respondents alleging inter alia, that his daughter Ibana Akhter Sumi was a minor girl and a student of class-IX at Karimganj Darul Ulum Alim Madrasah within the police station of Ra..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 199
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......ppearing for the respondent opposes the appeal and submits that the first information report as well as other materials clearly indicate that the accused appellants conjointly committed the murder of victim Halima Khatun for the cause of dowry. So the Court below rightly framed charge against the ap......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Md. Rafique Ullah Vs. State, 2011, 40 CLC (HCD)
....n old unfortunate teacher has already suffered nearly two years and is under suspension for eleven years. 6. Mr. Shahjahan further submits that the victim Fatema Begum (P.W.2) in spite of being a minor may be competent to depose, but under the facts and circumstances of the present case, it is v.......8), that at 12.15 p.m. the Headmaster himself was teaching in Class-V and before that the National anthem was sung at 12 o’clock, whereas the occurrence allegedly took place at that time, when the victim was not supposed to stay in class-room. Her demeanour and continuous presence in the school o...... Damon Case No.23 of 2000 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Borhanuddin, J.- I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 9 Aug, 2011 | Hits: 165
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: Â ....... Then, she filed Nari-o-Shishu Case No.157 of 2004 before the Nari-o- Shishu Nirjatan Daman Tribunal, Patuakhali on 28.8.2004, which was summarily rejected for want of medical certificate. 3. The victim Farzana Akter filed another complaint being Nari-o-Shishu Case No.185 of 2004 before the Nari......are that the appellant filed a petition of complaint before the Nari-o-Shishu Nirjatan Daman Tribunal, Patuakhali against four persons including respondent Nos.1-3 alleging inter alia, that she was a girl of 12 years and was a student of class VII at Talbaria Secondary School. Respondent No.1 used t..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Md. Majedur Rahman Vs. State and another, 2011, 40 CLC (HCD)
....ore discharged from his bail bond as he is on bail by order of this Court dated 26.10.2009. The office is directed to send down the lower’s Court record. Ed. This Case is also Reported in: ......ase was made out in the FIR, lost its credibility inasmuch as much as had there been taken place any occurrence of sexual offence on a lady on 6.4.2006, who was an Office Assistant of the school, the victim would not have waited for the 2nd occurrence, similar in nature till 9.4.2006 and would not h...... Daman Ain the following are the essentials:- i) There should be an illegitunate desire to fulfill sexual need. ii) To fulfill the said desire the accused should touch any organ of a woman or a girl of any age by hands or by any substance. Or iii) The accused commits sexual intercourse. ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 142
Md. Abul Hashem Vs. State, 2011, 40 CLC (HCD)
....ion-Keranigonj, District- Dhaka lodged F.I.R. on 16.5.2000 with Keranigonj Police Station under Section 9(1) of the Nari-0-shishu Nirjaton Domon Ain, 2000 stating inter alia that on 15.9.1999 his two minor daughters went to school and at 10 a.m. and thereafter the informant along with his wife left ......r alia that on 15.9.1999 his two minor daughters went to school and at 10 a.m. and thereafter the informant along with his wife left his house and went to visit their maternal aunt’s house. The victim Mariam who was the eldest daughter of the informant, aged about 12 years was staying at home ......ar all the cost but they did not agree. Over this matter there was a Salish and accused Abul Hossain admitted his guilty in presence of Salish and assured that he would arrange marriage of the victim girl and he would bear all of the cost of the marriage. When he did not carry out the verdict of the..Category: Women and Children | Date: 15 May, 2011 | Hits: 95
Hossain Md. Rajib Vs. State, 2011, 40 CLC (HCD)
....-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447....... bail is rejected." 4. Mr. Sk Muhammad Serajul Islam, learned Advocate appearing on behalf of the accused appelÂlant submits that although it is categorically stated in the FIR that the alleged victim was admitted and got treatment in Brahmanbaria Sadar Hospital, but there is no medical certif......-3-2010 and allow the appeal. With this observation the appeal is allowed and the ad interim bail granted earlier is affirmed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 447...Category: Women and Children | Date: 2 May, 2011 | Hits: 171
Altaf Hossain and another Vs. State, 2011, 40 CLC (HCD)
....en then if we consider the statement, it is not unlikely that after the victim was given in custody of her parents, she was changed and emotionally influenced by her parents. P.W.3 Shahin Fakir was a minor boy and in the facts and circumstances it is not unlikely that he was tutored by his parents. ......efense. The defense case as it transpires from evidence of the defense witnesses as well as from the trend of cross-examination that the appellants were innocents. Out of love for appellant No.2, the victim Rina Begum voluntarily eloped with him. Earlier they had gone together to Dhaka and got marri......o.89 of 1995 is hereby set aside. The appellants are released from their bail bonds. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 17 Apr, 2011 | Hits: 159
Md. Aynal Haque Vs. State, 2011, 40 CLC (HCD)
.... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ...... On the contrary, the complainant is very simple woman, that the accused got married the complaint before 2 years according to Muslim Sharia Law. After their marriage the accused would often beat the victim complainant for bring dowry from her parent’s house. On the date of occurrence, i.e. on 01....... sentence to the period undergone with fine as stated above. Send down the L.C. R. along with the judgment to the Courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ..Category: Women and Children | Date: 30 Mar, 2011 | Hits: 100
ATM Qamuzzaman Khan Vs. State and another, 2011, 40 CLC (HCD)
....onate to his known sources of income. Explanation—In this clause "dependent" in relation to a public servant means his wife, children and step children, parents, sisters and minor brothers residing with and wholly dependent on him. " 36. In light of the above prov......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ......o discharged from his bail bond. Communicate this order at once and send down the lower Court's records expeditiously. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 442. ..Category: Criminal Law | Date: 29 Mar, 2011 | Hits: 3
Zahidur Kazi and others Vs. State, 2011, 40 CLC (HCD)
....to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......The learned advocate appearing for the appellant on drawing our attention to the factual aspect of the case submits that the investigation officer during investigation considering the evidence of the victim as well as medical report and other evidences found no prima facie case against the accused p......to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 22 Mar, 2011 | Hits: 77
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......and to pay a fine of Taka 5,000, in default, to suffer rigorous imprisonÂment for 6 (six) months more. 2. The prosecution case, in short, is that conÂvict Nazmul Islam Nazu used to propose the victim Nahima Akhter Tahin to develop illicit connection with her, which she refused. Then the convi......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....an also left behind his wife named Najmun Bia. Shamsher Dulal, the eldest son of Daliler Rahman being the only adult child applied to the District Judge's Court for being appointed as guardian of his minor sibÂlings and was appointed the guardian in Title Suit No.41 of 1980 and thereafter in Miscel......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
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