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Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......e father's name of Mainuddin was wrongly mentioned to be Ainuddin in Khatian No.83 in place of his correct name of Amir. The jote of Mani Mohan Dutta was put to auction in execution of a decree for arrears of rent obtained by Haladhar Dey Sarker and purchased by the decree-holder on 6-7-38. The sa..Category: Property Law | Date: | Hits: 97
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
....nce under sections 395 and 397 of the Penal Code and accordingly pronounced his judgment on 30.10.1995 convicting and sentencing them as aforesaid. The appellants moved in this Court with the instant criminal appeal challenging the said judgment and order of conviction and sentence, and subsequently...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ......olice Station Case No.13 dated 20.1.1994. The police, after investigation submitted charge sheet on 24.6.1994 against the appellants under sections 395 and 397 of the Penal Code. The case after being ready for trial, was sent to the Court of Sessions Judge, wherein it was registered as Session Case ..Category: Criminal Law | Date: | Hits: 103
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....unced his judgment on 31.8.1996 convicting and sentencing them as aforesaid, while acquitted nine others as the charge was not proved against them. The appellants moved in this Court with the instant criminal appeal against the said judgment and order of conviction and sentence, and subsequently obt......e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......ene barrels kept at the courtyard, were not available. Instantly he came out from his room and raised alarm, when two or three of them chased him, and he entered into the room out of fear of life. Thereafter the thieves went away towards Bogra by the said truck. The informant came out from his room ..Category: Criminal Law | Date: | Hits: 105
Al-Amin Vs. State, 2011, 40 CLC (AD)
.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ......ed the accused petitioner out of suspicion and produced before the Court of Magistrate on 13th October, 2008 with a forwarding report alleging that on the day previous to the night of occurrence he threatened the informant's family to flow a river of blood by killing them all. 3. In course of inv..Category: Criminal Law | Date: | Hits: 96
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....s not escape. Both are public duties. A judge is to sift grain out of chaff. Therefore, he cannot afford any favour other than truth and only truth. In the touchstone of above stated principles of criminal Jurisprudence, the points formulated are being addressed. 17. The learned trial Court op......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ...... victim disclosed that accused Jahangir Mallik has struck blow on his head. It is further stated that the victim was removed and taken to Bakergonj Hospital where the doctor gave him primary medical treatment and referred to Barisal Sher-e-Bangla Medical College Hospital where he succumbed to the in..Category: Criminal Law | Date: | Hits: 87
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ...... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......ajul Haque, the learned trial Court held that the instant suit for partition was bad for defect of parties. But on that ground a suit for partition cannot be dismissed. As a matter of fact, due to misreading and non-reading of the plaint and the material evidence, the learned trial Court came to a v..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49....... Subordinate Judge (Joint District Judge), Artha Rin Adalat No. 3, Dhaka, in Title Suit No. 209 of 1990 dismissing the suit. 2. The Pubali Bank as the plaintiff, filed the above mentioned suit for realisation of loan money sanctioned under a usufructury mortgage against the defendants contending ..Category: Civil Law | Date: | Hits: 116
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....do not find any allegations in the petition of complaint that can be considered as "entrustment with property or with any dominion over Property." According to section 405 of the Penal Code defining "criminal breach of trust" the entrustment factor must be there to constitute that offence. But the f...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......d any allegations in the petition of complaint that can be considered as "entrustment with property or with any dominion over Property." According to section 405 of the Penal Code defining "criminal breach of trust" the entrustment factor must be there to constitute that offence. But the facts of pr..Category: Criminal Law | Date: | Hits: 95
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....t, he submitted charge sheet against the accused persons. He further stated that five murder cases and one arms case were pending against accused Anwar. Three murder cases against accused Titu, two criminal cases against accused Bipul and one criminal case against accused Miru, Dilu and Wasi Udd...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......eduled to be held in the BRAC School Club at Balur Math. The deceased attended in that meeting with accused Anwar, Abu Bakar, Wasi Uddin (now dead) Bipul, Gobinda, Miru, Titu, Babul and others. Thereafter he with them went to Karim Steel Factory at Balur Math, where they were playing cards. Gulz..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
.... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306....... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......em in the 'Ail' of the jute field and handed them over to the police at the Kalkini Police station. The police investigated into the matter, visited the place of occurrence, examined witnesses and thereafter submitted a charge sheet against both the accused persons under section 290 of the Penal C..Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....C.M. Samsul and the State reported in 19 DLR (HC) 428 wherein it is laid down: "The rule about the concurrent findings of two Courts on a question of fact being upheld, does not, however, apply to criminal cases and the learned judges of the High Courts are competent to examine in a particular ca......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......iption which may extend to ten years and shall also be liable to fine." For the purpose of determining whether an unnatural offence is perpetrated on the subject, the above definition is to be read along with the ‘Explanation’ to the section which runs as; "Penetration is sufficient to..Category: Criminal Law | Date: | Hits: 92
Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)
....xempted the petitioner, the petitioner had no laches. Lastly, he has submitted that once an appeal was admitted, there was no scope for dismissal on the ground of non-supplying of notice because in a criminal case notices are served by the Court and the appellant is not required to furnish any copy ......inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......that the petitioner preferred Criminal Appeal No.104 of 1990 before the Sessions Judge, Luxmipur but after admitting the appeal, the Court directed the appellant to submit copies of the notice and thereafter also directed to show cause as to why the appeal should not be dismissed for non- supplying ..Category: Criminal Law | Date: | Hits: 63
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......Mokles and Miru hurled cocktails and one cocktail hit the left leg of the informant’s brother causing grievous injury. There was continuous shooting and throwing of cocktails by the accuseds which created panic in the mahalla who then ran away. Then the informant on the following day lodged the FI..Category: Criminal Law | Date: | Hits: 63
Bashir Kha Vs. State, 1998, 27 CLC (HCD)
....under that section. In this case, the accused entered into a public office. He is a dealer in insecticide and he went to the Upazila Agriculture Office. Unless it is explained to him how he committed criminal trespass by entering into that office, it is not possible on his part to understand what of......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199......., as such, the error in the charge definitely occasioned failure of justice. 6. It appears that the occurrence took place on 22-9-84 and the accused was produced before the Court on 22-9-84 and thereafter it took one year to complete the trial. The appeal took about two months for disposal and th..Category: Criminal Law | Date: | Hits: 58
Ibrahim Khalil Vs. State, 1998, 27 CLC (HCD)
....he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192.......he Sessions Judge for disposal in accordance with law and in the light of observations made above. Send down the lower records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 192.......dgment and order passed in GR Case No.412 of 1986 by the learned Magistrate, 1st Class, Satkhira. 2. It appears that the above appeal was admitted by the Sessions Judge-in-Charge on 24-3-87 and thereafter the appeal was also heard and disposed of by the same Judge after five days on 31-3-87. I ha..Category: Procedural Law | Date: | Hits: 69
Mokarrom Hossain Daradi Vs. State, 2011, 40 CLC (AD)
....etitioner. Accordingly, the leave petition Nos.257 of 2011, 258 of 2011 and 259 of 20011 are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 197.......d Mamtaz Uddin Ahmed J Md. Shamsul Huda J Mokarrom Hossain Daradi......................................Petitioner (In all cases) Vs. The State, represented by the Deputy Commissioner, Mymensingh...................Respondent (In all cases) Judgment June 2, 2011. Result: The ......ed, the petitioner requested the authority to hand over the possession of the land, but the authority with different pleas has taken dilatory tactics. The petitioner is inhabitant of Brahmanbaria, whereas the fisheries are situated at Police Station at Valuka, Mymensingh, where the petitioner has no..Category: Criminal Law | Date: | Hits: 80
Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
....tioner is not debarred in making application for bail after filing of police report. The above submissions of the learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (...... learned Advocate for the petitioner merit no consideration. In the result, this criminal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 156. ...... involved in social and political activities. On 23.02.2011 the husband of the informant went for inviting their relatives on the occasion of marriage ceremony of his daughter and on the way some miscreants encircled his private car and killed him by gun shot. 3. The case was taken up by the poli..Category: Criminal Law | Date: | Hits: 68
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
.... of corroboration. 8. Dr. Alem-Al-Razee the learned Counsel appearing for the appellants submitted that in case of contradictory statements made in examination-in-chief and cross examination at a criminal trial the prosecution can only rely upon the statement of the witnesses made before the com......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ......s.— “288. The evidence of witness duly recorded in the presence of the accused under Chapter-XVIII may in the discretion of the presiding Judge, if such witness is produced and examined, be treated as evidence in the case for all purposes subject to the provisions of the Evidence Act, 1872...Category: Criminal Law | Date: | Hits: 107
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
.... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ...... the Muslim Family Laws Ordinance, 1961. In the result therefore this appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 170. ......fer rigorous imprisonment for 15 days. 3. On appeal the learned Sessions Judge acquitted the three co-accused persons but upheld the conviction and sentence of the respondent. The respondent thereafter moved the High Court Division in Criminal Revisional Jurisdiction. The learned Single Judg..Category: Family Law | Date: | Hits: 166
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....) Judgment Fazle Munim CJ.- This appeal arises from the judgment of a Single Judge of the High Court Division passed in Criminal Revision No. 40 of 1980 on April 2, 1981. 2. In the aforesaid criminal revision case the appellants challenged the order of the Additional Sessions Judge-II in-ch......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......ssor of the appellants who denied to have filed any application for drawing up proceeding under section 145 of the Criminal Procedure Code. It was asserted by him that there was no apprehension of breach of peace as reported by the police and he and his co-sharers are in peaceful possession of the..Category: Others | Date: | Hits: 135
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