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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....r Abdur Rashid, and that they marched to Air Port as per his direction and before their marching they were directed to take arms with them, Major Rashid told them that they would move at different places for emergency works and thereafter their battery commander took them to lancer unit. He foun......pears P.W. 24 denied the almost similar suggestion made to him on behalf of Col. Mohiuddin (artillery). Further this witness deposed in Court on 19th October, 1997, after more than 22 years of the occurrence and at this belated stage there was no occasion for him to harbour any apprehension of b..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......nment in the night preceding the fateful event occurring in the House No.677, Road No.32, Dhanmondi, clearly constituted mutiny and it does not indicate any case of murder simplicitor. The place of occurrence includes the cantonment and the cantonment activities, briefings and exercises include ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....hman in a very successful manner in getting the tanks ready and deployed in the city in the pretext of tank exercise. According to the prosecution witnesses, those tanks were deployed at designated places in order to facilitate of the killing of the then President and also stop any resistance by......e said “all are finished”. P.W.1 saw Lt. Col. Farook Rahman, Major Dalim, Major Nur, Major Bazlul Huda in the residence of the then President at Road No.32, Dhanmondi at the time of the occurrence and thereafter. 532. From the aforesaid evidence of the witnesses it appears tha..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....s per his direction. He further stated that before their marching they were directed to take arms with them. He further stated that Major Rashid told them that they would have to move at different places for emergency works and thereafter their battery commander took them to lancer unit. He foun......as to through a cloud of suspicion on the seeds of the prosecution must depend upon a variety of factors which would vary from case to case. Even a long delay in filing report of an occurrence can be condoned if the witnesses on whose evidence the prosecution relies have no motiv..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ...... Major A.K.M.Mohiuddin (lancer) argues that there is no reliable evidence in support of the prosecution story that these appellants have been recognized by P.W.s 1 and 4 at the place of occurrence and that the allegation that Major Huda shot to death of Sheikh Kamal and Bangaban..Category: Criminal Law | Date: | Hits: 291
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....of the dead body of the deceased at Dhaka Medical College Hospital and sent the same to the morgue for postmortem. After postmortem examination Namaz-E-Janaja of the deceased was held in different places and then he was buried. On the same day at 11.25 P.M. Abdul Hye Bhuiya, a political associat...... Division found that his evidence as to conspiracy is vague and suffers from inherent defect and infirmity. Such conspiracy as said was made firstly in the year 1995 and then in the year 1998. The occurrence took place on 20.08.2000, long after said conspiracy. The High Court Division rightly fo..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
.... "So establish regular prayer, give Zakat and hold fast to Allah. He is your Protector — The best to protect and the best to help. (Al-Hajj 22:78)" 39. In other places (the word Zakat though not used) sadaqa has been used to mean Zakat, for example Allah says:......ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....we have to see to it that the collegium system has to be done away with, since appointments will be delayed, we have said that from the very beginning of identifying the eligible persons, the various places of recommendations, be it at the level of the High Courts, or, at the Governor’s level or a......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......such gravity and magnitude was committed on 25.2.2009 and 26.2.2009. Subsequently the offence of mutiny was also committed in 40 different BDR establishments around the country. In course of the said occurrence spreading over two days above BDR mutineers in the Peelkhana killed in all 73 persons, of..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......cided as under:- "With regard to accused A. H. M. Biplob, Syed Nurul Azim Babar and Abdul Jabbar Labu, we find that the evidence of the witnesses implicates them from the beginning of the occurrence till the very end. In particular, we find no reason to disbelieve the evidence of P...Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ...... the hotel. The victim told Tushar to sit in the hotel saying that he would go with Raju for half an hour. 5. The victim, thereafter, left hotel with Raju with his motorbike. At the time of occurrence, the informant was at Rajshahi at his sister's house. On returning from Rajshahi on..Category: Criminal Law | Date: | Hits: 53
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....are of the company that the present Managing Directors and Deputy Managing Director concerned did not utilize the amounts withdrawn from the bank with permission from the Court in appropriate places rather they misappropriated the said amounts; that the Company vide its extraordinary resolu......nd no substance 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) 698. ..Category: Business or Commercial Law | Date: | Hits: 199
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....ion made illegal use of the police diary in disbelieving the PWs 2 and 3. 16. It further appears that the High Court Division confused the pathway and the vacant land as two distinct and different places whereas the path- way has been shown in the sketch map adjacent to the place of occurrence an......hem inflicted a dagger blow on the right side of chest of the deceased and then both of them fled away towards the wheat field. Both PWs 3 and 2 raised alarm and the neighbours came to the place of occurrence and heard narration of the occurrence. The deceased Chairman was then taken to the Buri..Category: Criminal Law | Date: | Hits: 53
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. ...... left leg by shol blow. Alamgir, Nasir, Shahid also assaulted him with lathi. After hearing hue and cry, Jaynal Abedin, Muzammil Huq Chowkider, Abdul Matalib and others came and saw and heard about occurrence. Injured Fazle Karim was taken to Alekzandar Hospital but doctor found him dead. Other i..Category: Criminal Law | Date: | Hits: 50
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
....man Rana who was not found. They went to the residence of Shahjahan, friend of Rana, told Shahjahan that Rana is not traceable and thereafter, Sharifa Khatun, Alamin and Shahjahan went to different places of the locality for searching Rana. When they reached at crossing point of Nagua Shamoly Ro......d 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 Sadar Police Station, regarding the occurrence after hearing the same from his sons. 3. Police after investigation submitted ch..Category: Criminal Law | Date: | Hits: 52
Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)
....elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......rgonj Hospital where at about 19.30 hours the victim Gendela succumbed to his injury. 3. Syed Mahabubur Rahman, learned Advocate-on-Record, appearing for the accused submitted that the occurrence took place out of quarrel over pounding of an ox by the informant party for eating ..Category: Criminal Law | Date: | Hits: 47
Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)
....dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ......solute. 2. The facts of the case, in short, are that the informant, Abu Ahmed Siddique, Chairman, Shovan Group of Company Limited, lodged the F. I. R. on 15.05.2006 at about 8:30 P.M. of an occurrence happened in between 8:00 A. M. to 11:00 A.M. of 28.11.2005. The allegation are that accu..Category: Criminal Law | Date: | Hits: 57
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. ......ant, P. W. 1, Saidur Rahman, the brother of the deceased Shefali Begum, lodged an ejahar with the Officer-in-Charge, Kotwali Police Station, Faridpur, alleging, inter alia, that 21 days before the occurrence his sister, Sefali Begum was given in marriage to the condemned-prisoner and at the..Category: Criminal Law | Date: | Hits: 96
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ...... the petitioner took any step for the treatment of the victim at the material time when her condition was critical and further the unexplained and continuous abscondence of the petitioner after the occurrence is a relevant fact under section 8 of the Evidence Act which is indicative of his 'mens ..Category: Criminal Law | Date: | Hits: 50
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....ying at the north side of her house, the accused Pakhi Begum along with other accuseds kidnapped her and took her to an unknown place by applying force on her and thereafter on search at different places and being enable to trace her, the informant filed a G.D.E with Bancharampur Police Sta......e instant case is liable to be quashed; that the informant is the cousin of the victim and even the father and mother are not witnesses of the instant case and as such it is clear that the alleged occurrence did not happen in the alleged manner and place and as such the proceeding of the instant..Category: Criminal Law | Date: | Hits: 52
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