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State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......izlee are the two wives of the two sons of Khalilur Rahman i.e. his daughters-in-law. Respondent Khondker Zillul Bari is the son-in-law of Khalilur Rahman and husband of Jasmine Ara. 5. The occurrence took place on the night following 18-10-1989 at the aforesaid house of Khalilur Rahman. ..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......as also the case of the prosecution that the dacoits looted away gold ornaments, cash amount and clothes, that the inmates of the house raised alarm and thereupon the villagers approached to place of occurrence and apprehended Idris Ali Sheikh and Rabiul Mollah and they confessed about the commissio..Category: Criminal Law | Date: | Hits: 63
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....Deputy Commissioner shall, if he considers that the acquisition of any requisitioned property is expedient for a public purpose or in public interest cause a public notice to be given at convenient places on or near the requisitioned property stating that the property is proposed to be acquired.......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ce. The only evidence is that, that also stated by P.W. 1 only in cross-examination, the deceased Motahar had assaulted Arman Ali (Respondent No. 1) with shoes about 10-11 months prior to the date of occurrence due to a quarrel at the bazar. The witness, however, admitted that respondents Arman and ..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......at the appellants had no reason to kill victim Siraj Ahmed………………(45) The Evidence Act, 1872 (I of 1872), sections 3 & 53 Whenever interested persons claiming to be eyewitnesses of an occurrence charge persons against whom they have some motive for false implication with the commissi..Category: Criminal Law | Date: | Hits: 52
Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)
....nvenience. Transfer of a case does not come within the ambit of article 104 of the Constitution. When two suits between the same parties out of same transaction are pending in two courts in different places suit filed later may be stayed till disposal of the earlier one…………..(3) Lawyers ......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..Category: Procedural Law | Date: | Hits: 110
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
....sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......ated in the post mortem report to be some other (heart failure, old age, etc.) than infliction of the alleged injuries by the accused and the victim having died after more than a month of the alleged occurrence, the alleged acts of the accused, even if true, cannot attract section 304 but, if at all..Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
.... the sequence of time of the arrival of the other accused to the place of occurrence is rather clumsy. Most of the witnesses said "by this time". This imprecise adverbial expression is found at six places in the deposition of P.Ws. 1-5. It is not clear whether it was the mannerism of the witness......mmon intention of the appellants to murder the deceased. There is no evidence of either prior preparation or subsequent development of common intention amongst the participants immediately before the occurrence. Appellants Mir Ali burled the ballam blow on the chest of the victim causing his death o..Category: Criminal Law | Date: | Hits: 105
Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)
....n in the mind of the trial Court and so it should not be taken note of. With the observation made above, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 135. ......persons were reported to be Freedom Fighters and were falsely implicated in this case. That the accused persons were members of the Mukti Bahini during the liberation War was merely incidental to the occurrence itself. The main ground for which the case has been withdrawn against the said persons wa..Category: Criminal Law | Date: | Hits: 43
Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)
....i Matbar are discharged from their bail bonds. Criminal Appeal No.8 of 1977 is disposed of without any separate order passed therein. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 101.......W.1 also raised alarm and went to the rescue of Rashid Khondker but Sasan, Elemuddin, Abu, Rafizuddin and Akkel obstructed him. Rashid Khondker's house is about two rashis to the west of the place of occurrence and the house of P.W.1. was 10/12 cubits behind Rashid Khondker's house. 3. Hearing t..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......ngs on the view that the proceedings against the petitioners, if allowed to continue, would lead to the abuse of the process of the Court because none of these petitioners, was seen near the place of occurrence and no witness was forthcoming to make accusation implicating them with the alleged offen..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....ods including staging gherao of important Govt. Officers, residences of Ministers, destruction of communication etc. and in furtherance of this programme you started lawless activities at different places. "That you as an active member of said organisation, organised and participated in the ......leged, that a case is pending. It is now well settled that for individual isolated act of crime preventive detention law cannot be resorted to, unless the authority has materials to believe about the occurrence of such crime. There is no such mention in ground 4. This ground also does not stand the ..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... But there is no total denial to make his statement a contradictory one. His statement in-chief is positive. 11. We now turn to the evidence of P.W.8. He is a Pan Shop owner near the place of occurrence and he identified Moyez. On 16.3.67 he was coming from Bazar through Nutungali and crosse..Category: Criminal Law | Date: | Hits: 41
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
.... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... blow on his abdomen. Thereafter accused Razaul and Mizanur went towards the east and accused Wali and Enamul went towards the south. On hearing hue and cry, Kulsum and Latifa came to the place of occurrence and P.W.2 Maksudur Rahman and Kulsum and Latifa took the deceased Shajahan @ Shanu to th..Category: Criminal Law | Date: | Hits: 43
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ol. After school hours were over Rashed went to his house and enquired about the whereabouts of Zaved and Sohel at their house. The informant apprised the police of Hathazari Police Station of the occurrence. Negotiations between the informant party and the accused party continued over the deman..Category: Criminal Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....r at the instance of, the other parry, which is of course fraud of the worst kind, that he can obtain a rehearing of the questions in dispute in a fresh action by merely changing the form in which he places it before the Court, and alleging in his plaint that the first decree was obtained by the per...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......23 in the aforesaid suit. The petitioner, on the date of framing charge, filed an application before the Tribunal under section 265C of the Code of Criminal Procedure, stating, that on the date of occurrence, the petitioner was not present at the place of occurrence and he was at Bar Council Res..Category: Criminal Law | Date: | Hits: 34
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......ing to all of us, are not available outside Cantonment or if there is evidence that the grenades may be supplied from some other place even from outside the border of Bangladesh at the place of occurrence by some persons, in that case the trial judge is not powerless to direct for further in..Category: Criminal Law | Date: | Hits: 43
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ......cord. It appears that the prosecution case is mainly built upon evidence of prosecution witness Nos 1, 2 and 3. PW 1 Abdul Hamid Matbar and PW 2 Abdul Khaleque Matbar, the two eye-witnesses to the occurrence, in their deposition stated that the appellants Shafiuddin Sheikh hit the right eye of t..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......ess and they even tore off the process of the court and snatched away money from his pocket and also assaulted him and then the local people informed the police and the police reached the place of occurrence and then saved him. On receipt of the report, the learned Senior Assistant Judge perused..Category: Criminal Law | Date: | Hits: 46
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