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Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....re purposely mutilated and attempt has been made to show that the same were eaten up by white ants. The documents have purposely been made to give look of moth-eaten. It may further be mentioned at places documents have been torn up and thereupon the same has been pasted. We have already mentioned...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......4.1988 fixing a date of hearing for that purpose. 8. As granting of leave to appeal against the impugned orders would further cause delay in disposal of S.T. Case No. 19 of 1990 for an occurrence and dated 2/3rd day of April, 1988, we are inclined to dispose of this application ..Category: Criminal Law | Date: | Hits: 51
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ...... head, waist and legs. The driver Munir Hossain in attempt to save him stepped on the accelerator of the car but he was also shot. The car could not go very far. After the accused left the place of occurrence, informant's brother-in-law (Bhashur) Liaquat Ali, Md. Babul Akhter and the owner of th..Category: Criminal Law | Date: | Hits: 31
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ...... wife and daughter was all along with the prosecution. The onus never shifted on the condemned prisoner in the absence of any proof beyond reasonable doubt that he was present in the house when the occurrence took place……….(7) Lawyers Involved: A B M Bay..Category: Criminal Law | Date: | Hits: 71
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
.... in the left side of the chest of the deceased, accused Dudu dealt a dagger blow in the palm of the right hand of the deceased and Mofizuddin as well as Abdur Rahman inflicted dagger blows on various places of the body of the deceased, that P.Ws.2 and 6 recognized the accused persons by the light of......ishad, who went to the hut of the deceased in the morning, P.W.4 is the nephew of the deceased, P.W.6 is the daughter of the deceased, P.W.9 whose house is at a distance of 1/4 mile from the place of occurrence went to the hut of the deceased in the morning, P.W.10 is also brother of the deceased. ..Category: Criminal Law | Date: | Hits: 44
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......tely with lathi. Then Abdur Razzak came forward when accused Jharna, Sikha and Abdus Sobhan alias Sohrab assaulted him with lathi. On hearing hue and cry the neighboring people came to the place of occurrence and the accused persons fled away. Jamal Uddin died on way to Ullapara Hospital. P.W.5, ..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ...... about 5 years 9 months in his lap and took her away to nearby Baunia Embankment and forcibly raped upon her there; that the victim girl came back home crying and informed her mother about the same occurrence; that the informant was in Chittagong at his service spot at that time and being informe..Category: Criminal Law | Date: | Hits: 44
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....st on the dead body before he sent it for post-mortem examination also found similar injuries en the dead body. The injuries found by the post-mortem doctor are black colourations of tissues in seven places including chest, breast, forearms, thigh, abdomen, cheek and the delicate parts; in his opi......nd, on examination, that it contained 4 c c carbolic acid. P W 2 (Dr. Amzad Hossain) deposed that on getting an information he visited the house of the Second Officer in the evening of the day of occurrence and found Mahmuda lying senseless with multiple burn injuries on the floor of the house o..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......he PO house and found his daughter Monira burnt with acid and that in the meantime the other accused persons snatched away Mithu from the hands of Faruque and Gani and thus Mithu left the place of occurrence. Dr. Malek, father of the aforesaid victim lodged a general diary with the police statio..Category: Criminal Law | Date: | Hits: 48
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ...... recorded under section 161 of the Code of Criminal Procedure. Referring to the aforesaid statement of the alleged victim here self the learned Advocate submits that she stated on the date of occurrence she went to visit the house of one of her relatives and asked one of her acquainted pers..Category: Criminal Law | Date: | Hits: 29
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ....... 5. We have considered the submissions made by the learned Advocate-oh-record and perused the materials. P.W.1 the informant was accompanied by other employees of the company at the time of occurrence and as such they are most natural witnesses of the occurrence. We are, therefore, of th..Category: Criminal Law | Date: | Hits: 52
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......tted error failing to consider that entire case is false and was initiated at the instance of one Joynal Hazari, an enemy of the petitioner and that there was no eye of witness to the alleged occurrence and as such the judgment of the High Court Division has been passed illegally. There bei..Category: Criminal Law | Date: | Hits: 45
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......ge for a jack fruit and .at one stage it turned into a severe altercation between them and on hearing the hue and cry, the other accused persons including the petitioners came to the place of occurrence with arms in their hands and encircled his father Durud Miah and Tunu Miah and started a..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......s seriously prejudiced the defendant. In elaborating the above submission, the learned Counsel pointed out that prosecution could not prove its case in respect of the time, place and manner of occurrence, rather, it was disproved by prosecution evidence itself in as much as a written F.I.R ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ...... of which P.W. 1 informant, who did not suspect any body in the FIR, P.W-3 deposed in the Court that she saw the accused fleeing away by crossing the boundary wall of the deceased Rubel after occurrence but did not state the same before the Investigation Officer, P.W.4 suspected the a..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......n the bag is very much available in Bogra town and every shops of Bogra town sell such black alachi which the prosecution branded as black Indian alachi and further the alleged place of occurrence was far away from the Indian border and as such it was not possible to bring illegal goo..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......titioners merit consideration. 7. Leave is granted to consider the additional grounds furnished on behalf of the petitioners, which are as follows. I. Because the place of occurrence has been shifted and in this respect witnesses have contradicted themselves particu..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......ossain chased the culprits from behind with a torch of three batteries and recognized the accused respondents running towards the east and that thereafter P. Ws, 6, 7, 8 and 11 came to the place of occurrence and Romeza was at first taken to the local hospital and then to the hospital at Khulna...Category: Criminal Law | Date: | Hits: 29
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......uently four persons were killed. But the writ petitioner respondent was not in any way connected with that incident in any manner whatsoever and that he had no duty in that area on the date of occurrence as he was discharging his job on the day at his office at Sher-E-Bangla Nagar and that ..Category: Others | Date: | Hits: 97
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......rother Delower Hosain to murder him and similarly Fariduddin Munshi, A. Jabbar Munshi, Eshak Gazi were also assaulted by the accused persons and the police getting information came to the place of occurrence and recovered aforesaid A. Jalil Munshi and injured Fariduddin Munshi with severe injuri..Category: Criminal Law | Date: | Hits: 47
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