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The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......led the informant PW 1 and recorded the FIR on 16.10.81. 3. The defence case is that Halima Bibi committed suicide by liking poison. Further case of the respondent is that from two days before the occurrence he was at his maternal grand-father's place in the village Krishnapur and was engaged in ..Category: Criminal Law | Date: | Hits: 49
Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)
....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......f appellant No. 3 Salem Howlader while PWs 2 and 3 tried in vain to save the deceased from the hands of the accused persons. On hearing hue and cry of the informant and others present in the place of occurrence, PW 6, father of the deceased, PW 7 brother of the deceased and PWs 8 and 10 immediately ..Category: Criminal Law | Date: | Hits: 51
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ...... place of occurrence and heard about the assailants from Shamser Ali, Meheruddin and Fazar Ali. They claimed to have recognized the respondents as the assailants of Shamser Ali, from the place of occurrence Shamser Ali was taken to Islampur Thana Dispensary for treatment. There Doctor S.A. Wah..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......s assailants in his deposition, he did not mention any of them in his first information report except the four, accused-appellants namely, Shahjahan, Munsaf, Shamsher and Kawser. As to the place of occurrence, that is, place of assault on Majid, though he stated in his evidence that it was in the ..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
....rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......e on the left hand and other accused dealt him lathi, rod and roller blows. As Moniruddin intervened; he was also assaulted by he accused. P.W.3 Jaliluddin and P.W.6 Chand Mia who were nearby saw the occurrence. On hearing hue and cry other P.Ws. came and found Fakir lying injured under the tamari..Category: Criminal Law | Date: | Hits: 55
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
....ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282......erent having no relationship with each other, the two cases are certainly not in respect of the same incident and could not be said to be a case and counter-case regarding the same incident or same occurrence necessitating in the interest of justice to be tried simultaneously by the same court. ..Category: Criminal Law | Date: | Hits: 48
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
....High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ......r 1982 by which he dismissed the complaint the order is quoted below: "Heard both the parties today and examined the case records. Since the police has submitted C.S. in another case of the same occurrence and cognizance has been taken, I think there is no scope to continue this complaint case ..Category: Criminal Law | Date: | Hits: 75
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......er hand, is one of false implication because of the said enmity. Further defence suggestion was that the sons of the deceased in collusion with his enemies comitted the murder. 4. As to the actual occurrence, the prosecution case, briefly, is that while Safil Uddin was sleeping with his wife and ..Category: Criminal Law | Date: | Hits: 32
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ......to the attendant circumstances…………..(20 & 21) State................................................................Respondent Non-disclosure of the names of the appellants soon after the occurrence raises a big question mark as to the veracity of the said witnesses. The alleged eye-witn..Category: Criminal Law | Date: | Hits: 61
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
.... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ......igh Court Division (Jessore Bench) in appeal upholding the conviction of the appellants under section 302/34 Penal Code and sentence of transportation for life passed thereunder. 2. There was an occurrence in the night following 31 Aswin 1381 B.S. (18.10.82) in village Ram-nagar under P.S. Ab..Category: Criminal Law | Date: | Hits: 80
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
.... is the time of its possible inception. Considering changed circumstances the Court may modify, extend or even disallow a right based on a custom that was otherwise reasonable at its inception, if it places an unusual and unjust burden on some individuals for benefit of others. It appears that the p......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
....onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ....... The fact that false information as to the disappearance of Laxmi Rani was supplied makes the case worse for the accused and it only entrenches belief in the confession made by him so soon after the occurrence. Thus we find no substance in cither of the grounds under consideration. 18. As to the..Category: Criminal Law | Date: | Hits: 61
The State Vs. Abdur Rashid Piada, 1988, 17 CLC (AD)
....k that this finding is perverse or against any evidence justifying interference by us. 7. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 106 ......V of 1898), sections 164 and 364 The Penal Code, 1860 [XLV of 1860], Section 201 The two alleged eye witnesses having not disclosed at the earliest opportunity about their witnessing the occurrence, the confessional statements of the two accused having not been recorded by the Magistrat..Category: Criminal Law | Date: | Hits: 45
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
....ion or the trial court to consider the applicability of section 304 Penal Code. In the result, therefore, the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 83. ......t: that at the order of Abdul Ali( since acquitted of the charge of murder) the appellant dealt a dagger blow on the left abdomen of Azizur Rahman and on alarm being raised witnesses came and saw the occurrence and that the appellant was caught hold of by the witnesses and taken to the house of Alef..Category: Criminal Law | Date: | Hits: 52
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ...... Kamal Hossain, learned Counsel appearing for the accused appellants, submits that such a proceeding should be quashed, inasmuch as the reasons for delay are unconvincing. The argument has force. The occurrence took place in 1973 and not a word of this occurrence was told to anybody. No G.D. entry w..Category: Criminal Law | Date: | Hits: 46
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... of the Mills, one is the Store-clerk Yar Ahmed and the other is the Store-in-charge who is the respondent himself. In the judgment of the courts below the respondent has been referred to, in several places, as the Store Keeper. Mere designation is not sufficient to indicate whether a person is a 'w...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Jamal and others Vs. The State, 1987, 16 CLC (AD)
....r Kajla which is to the adjacent west of Char Khojapur wherefrom the main man of the complainant party Md. Sohrab (P.W.1) hails. Musa Sarkar, admittedly an influential person, has houses at two other places including one at Rajshahi town. It is said that there are Prodhans of the local villages but ......ould not go to the thana for fear of the accused during the night and on the following morning. He, however, managed to come to Rajshahi town at 2-30 P.M. and got a complaint petition lodged over the occurrence. The petition was taken to Paba P.S. by one Ibrahim Hossain (P.W.14) at 9-30 P.M. on the ..Category: Criminal Law | Date: | Hits: 55
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....der section 304 Part-I, but the sentence of 10 years' imprisonment is maintained. Subject to this, the appeal is allowed. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 6; 1987 BLD (AD) 265. ......e case within the ambit of murder u/s. 302 P.C. It was nobody’s case that death was caused due to surgical operation for treatment of the victim after the impugned injuries were sustained in the occurrence. In view of the clear opinion of the doctor that death resulted from the injuries and not..Category: Criminal Law | Date: | Hits: 62
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....tration Cards Ext. D series indicated that defendants crossed the East Pakistan border on 21st October, 1971 and that the plaintiff failed to point out that the defendants resided in any other places than the suit plot before leaving this country in 1971; that none of the P.Ws. could say the......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
.... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... appellants, from Golam Ali. Ayub Ali chased the retreating assailants towards the west. Within a few minutes Nausher was caught in front of the shop of one Toyeb Ali, half a mile from the place of occurrence, as he was escaping with his lungi and shirt drenched in water. Being questioned by Toye..Category: Criminal Law | Date: | Hits: 62
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