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Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....he prosecution sought to rely on the circumstantial evidence as narrated by the P.Ws. In this regard the learned Advocate for the appellants submitted that in order to find any person guilty of a criminal offence on circumstantial evidence the fact proved must be consistent with the theory of ......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......e is no direct evidence as to who inflicted the injury on the person of Lechu Bibi and caused her death, the circumstantial evidences arc strong enough to prove the guilt of the appellants beyond all reasonable doubt and hence they have been rightly convicted by the learned trial court. 10. The f..Category: Criminal Law | Date: | Hits: 101
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....ng Sikim Ali succumbed to his injuries in the hospital. It may be stated that the parties were at daggers-drawn on a dispute relating to a pathway (passage) through the house of Sikim Ali for which 4 criminal cases were pending before the Court. 4. During trial prosecution built up a case that ac......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......ere pending before the Court. 4. During trial prosecution built up a case that accused Rahman called deceased Sikim Ali from the paddy Khola of Bahadur where he was drying his under the sun and thereafter in his (Sikim Ali) house Khafilur Rahman asked for a passage through his house but deceased ..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......s ‑ For the Contemners 2 & 3. Serajul Huq, Assistant Attorney‑General ‑ For the State. Criminal Miscellaneous Contempt Case No. 814 of 1995. Judgment A M Mahmudur Rahman J.- We upon reading the article "The Parliament and the Judiciary at loggerheads?" published in the Daily Star o..Category: Criminal Law | Date: | Hits: 149
Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)
....Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......3. After investigation Officer‑In‑Charge Police station Joydebpur submitted charge‑sheet on 19.4.94 against 28 accused persons including the petitioners under sections 326/307 of the Penal Code read with section 4 of the Santrash Mulak Aparad Daman Ain 1992. Thereafter on 20.4.90 Sessions Judg..Category: Criminal Law | Date: | Hits: 97
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....defamation by publishing false and malicious news or views. So we are to see if the allegations made in the petition of complaint disclosed the ingredients of the alleged offence of defamation or the criminal proceeding in question is an abuse of the process of the Court to unnecessarily harass the ......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......titioner and ultimately charge, was framed against him under section 500 of the Penal Code. 4. Mr. Shahabuddin Ahmad, learned Advocate for the petitioner, after placing the materials on record and reading out the concerned report dated 22.2.91(Annexure‑A), submits that the same was published in..Category: Criminal Law | Date: | Hits: 125
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
....s serious provocation in the mind of the condemned prisoner which was a continuous one because of illicit intimacy between the deceased and the wife of the condemned prisoner which definitely brought criminal mens rea in the mind of the condemned prisoner who is a very young man and it led to the ki...... provocation in the mind of the condemned prisoner which was a continuous one because of illicit intimacy between the deceased and the wife of the condemned prisoner which definitely brought criminal mens rea in the mind of the condemned prisoner who is a very young man and it led to the killing of ...... killing as available from the trend of the cross-examination is that the deceased Mahbubur Rahman developed an illicit relationship with Saleha Begum, the wife of the condemned prisoner and for that reason the brutal killing was made. The investigating officer discovered the motive of the killing b..Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......rruption Officer, Kushtia. The allegation is that, accused Nazrul Islam, Sub Assistant Engineer, Upazila Parishad, Mirpur, Kushtia submitted a project for re-excavation of a pond giving an excessive area of the pond with a malafide intention of getting sanction of more amount for the work and ultima..Category: Criminal Law | Date: | Hits: 108
State Vs. Md. Bachchu Miah @ Abdul Mannan and 5 others, 1998, 27 CLC (HCD)
....RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......RI for 6 (six) months which we find they have already served out. They must be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 355.......2. Prosecution case, briefly, is this. On 25-6-92 after the Magrib prayer accused Bachchu Mia came to the paternal house of victim Khairul Islam, aged about 20 years, called and took him with him. Thereafter, Khairul Islam did not return to his house. On the next day at 9-00 AM his dead body was fou..Category: Criminal Law | Date: | Hits: 129
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....use on 30-6-95 and since then, the defendant No.1 did not maintain her and did not pay a single farthing for her maintenance. The defendant No.1 took a second wife without her consent and she filed a criminal case against the defendant. 5. The defendant No.1 contested the suit by presenting a wri...... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......f two (2) Tolas of Gold. The defendant No.1 demanded dowry of Taka 50,000.00 from the plaintiff which the latter disagreed. Defendant No.1 tortured her both physically and mentally. The plaintiff, thereafter, had to come to her father’s house with a single saree and blouse on 30-6-95 and since the..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......(fm) of 2010. Judgment Nozrul Islam Chowdhury J.- This appeal has a chequered story to tell. The property involved in the suit being Other Class Suit No.3 of 2010 was mortgaged by Capital Ship Breakers Ltd. to Islami Bank (Bangladesh) Limited as co-lateral security of loan availed by M/s. MA S..Category: Civil Law | Date: | Hits: 235
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....s acquitted of the charge. Let the condemned prisoner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......dure making the following observation: "The circumstances that he went to his own house in wet clothes carrying his wife's sari and sandal which are exhibits in this case lends support to his mens rea and guilt. His mother was examined by the learned Magistrate under section 164 Cr.P.C. and ......his home; that on 13.8.85 the condemned prisoner came to the house of the informant in the evening and asked for payment of said money silting at the house of co-accused Serajuddin and held out the threat that unless the money is paid a serious consequence would follow. After dusk the accused dema..Category: Criminal Law | Date: | Hits: 142
Sona Mia Vs. Md. Zakaria & others, 1988, 17 CLC (HCD)
.... section 463 of the Penal Code) without a complaint in writing by the Court in which such document was given in evidence or by the Court to which the said Court is subordinate. 5. Therefore, the criminal proceeding against the accused persons under section 467 as well as section 471 of the Pe...... is quashed. But this will not debar the competent Court to make any complaint in accordance with law if it is thought to be necessary. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 433....... Procedure. 2. In this case complainant Md. Zakaria lodged complaint against the accused petitioner Sona Mia and others stating that the accused persons in collusion with each other dishonestly created a bainapatra allegedly executed by complaint's father Al-haj Abdul Latif on 5.1.73 in favou..Category: Criminal Law | Date: | Hits: 107
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......tners of M/s. East Pakistan Aluminium and Iron Manufacturing Company, now Bangladesh Aluminium and Iron Manufacturing Company having office and factory at plot No.111 and 108/C, Tejgaon Industrial Area, Dhaka. In the middle of June, 1973 the defendant No.1 announced to sell out the /12/- annas sha..Category: Business or Commercial Law | Date: | Hits: 349
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ...... possession weighing about three and a half kilograms. On obtaining information from the said Mainul Hasan another touchstone statue weighing about 45 kilograms having a height of 72 centimetres and breadth of 40 centimetres valued at about Taka 25.00 lac was recovered from the possession of Khalilu..Category: Others | Date: | Hits: 159
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....prietor of the company. In due course the Bureau of Anti-Corruption took up the investigation and seized all the necessary documents from the office of this petitioner. But during the pendency of the criminal case and on refusal of the present petitioner to pay the bill the opposite party No.1 fil......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405....... the dishonest officials of the petitioner got the same paid. On discovery of the said irregularity the Board has lodged in FIR on 24-4-1989 against the proprietor of the company. In due course the Bureau of Anti-Corruption took up the investigation and seized all the necessary documents from the of..Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....nected with the alleged occurrence. The further defence is that no occurrence took place at the time, place and in the manner as alleged by the prosecution and that deceased Waliullah was a notorious criminal against whom many criminal cases were pending and was killed by the local people who threw ......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......about 2‑00 or 3‑00 PM husband of the informant, deceased Waliullah, was returning from Dhalua Bazar by a motor cycle which he was driving, with P.W.3 Abu Taher sitting behind him. When the victim reached the northern bank of the house of appellant Gofran at village Ragunathpur (which was the vil..Category: Criminal Law | Date: | Hits: 147
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......P.W.10) and Abdul Mazid Molla (P.W.11) came to rescue Sadek, but both of them were injured respectively by Siraj and Nurul Islam and that the three injured persons had been taken to the hospital for treatment. 2. On the basis of the First Information Report police investigated the case and ultima..Category: Criminal Law | Date: | Hits: 108
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......ferent Upazilas having enhanced pecuniary jurisdiction upto Taka 20,000/- and Taka 50.000/- by virtue of the amendment of section 19 of the Civil Courts Act. Section 2 of the said Ordinance of 1983 reads as follows:- "Amendment of section 19, Act XII of 1987.- In the Civil Courts Act (XII of 19..Category: Procedural Law | Date: | Hits: 152
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
.... follows :- "7. (2) A person shall be disqualified for election or nomination as, or for being, a Chairman or a member if- ………………………… (d) he has been, on conviction for a criminal offence involving moral turpitude, sentenced to a term of not less than two years, unless......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484....... of all powers enabling him in that behalf. 6. Martial Law was withdrawn by a Proclamation of Withdrawal of Martial Law dated November 11, 1986. Sentences passed by the Military Courts, if not already executed, will be put into execution under the warrant of the Sessions Judge. Investigation ..Category: Election Law | Date: | Hits: 220
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......itted charge-sheet on 13.2.88 against the accused persons including the six accused petitioners. On 14.3.88 the Upazilla Magistrate, Bhederganj without knowing that the learned Sessions Judge had already passed such order of further investigation on 14.3.88 passed the following order on the same d..Category: Procedural Law | Date: | Hits: 127
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