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Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......of the deceased for dowry is nothing but a hoax. 46. Before concluding on the issue, we must record when a new law is made to prevent heinous crimes of newer dimension, the Court is expected to be fully abreast of such new law and more circumspect in its application. That does not mean that the C......on but nobody ledged the FIR. They failed to answer properly in their reply to the questions as to why they did not take initiative. Then, they went to the house of father of the victim Hazera at village 'Dattapara' under 'Kalikachha' Union and found Hazera lying in a thatched hut. Whole body of the..Category: Criminal Law | Date: | Hits: 49
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
.... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ......amed against the accused under section 467 of the Penal Code to which they pleaded not guilty. The defence of the accused Akkas Ali is that his father Meser Ali made a deed of gift in his favour with full knowledge by the deed of gift dated 25‑3‑1974 and he committed no forgery. The defence of t...... is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (2003) 296. ..Category: Criminal Law | Date: | Hits: 129
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......nk that such a form—I do not know who is responsible for it —defeats the object on the section. The detaining authority will be well advised to discard this form. In this case we have been ampler fuller without any detriment to public interest.” It is pertinent to notice that Pakistan Cons......y another Section Officer, to which a copy of the grounds learning the date of 9-4-74, a copy of the order sheet of the Court of S.D.O. (S) Dacca and also a copy of a document said to-be a police message dated 16-4-74 showing that a charge-sheet had been filed in one of the two police cases against ..Category: Constitutional Law | Date: | Hits: 291
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ...... the suit was time barred. He made general denial virtually about everything, which included denial to the assertion that he was the guarantor. He also stated that the loan had already been repaid in full vide some securities the borrower gave to the bank. He did nevertheless, in view of A Hai Patha......vant provisions of the Limitation Act, (II) whether the recoverability of the debt got animated by application of section 19 of the Limitation Act, (III) whether section 25(3) of the Contract Act salvaged the plaintiff/appellant's claim. 10. Undisputed facts as they transpire from the plaintiff/a..Category: Banking Law | Date: | Hits: 215
Talebuddin (Taleb) and another Vs. State, 2010, 39 CLC (AD)
....ks is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ......ars (now 48 years) and sentence as against him is death and the accused-petitioner No. 2 is aged about 28 years (now 36 years) and sentence as against him is imprisonment for life and that they are full brothers and that their father was murdered earlier inasmuch as they are the only adult male ......nstantaneously; then on hue and cry his cousin and witnesses came there and saw the deceased and know the fact from his cousin sister; that the informant further stated that his uncle was the village matbor and the persons were concerned with anti-social activities and as his uncle opposed the..Category: Criminal Law | Date: | Hits: 43
Rakib and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ......est of Shahabuddin. Shahabuddin fell down on the ground; Mostafa who was sitting beside Shahabuddin, was also hit by a gun shot who also having sustained the injury fell down on the ground; at that stage hearing the outcry and the sound of gun shot in front of her house Selina Akhter wife o victim S..Category: Criminal Law | Date: | Hits: 38
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
.... we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53.......s appointed on 01.05.1974 as the Marriage and Divorce Registrar of 4 Badal Coat Union under Chatkhil Police Station by the appropriate authority and since then he has been discharging his duties with full satisfaction of the authority concerned and that on 20.08.2005 the accused persons in connivanc......pending in the Court of Additional Chief Metropolitan Magistrate, Noakhali. 2. The facts involved in the case, in short, are that the complainant-petitioner was appointed on 01.05.1974 as the Marriage and Divorce Registrar of 4 Badal Coat Union under Chatkhil Police Station by the appropriate aut..Category: Criminal Law | Date: | Hits: 44
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......ition. Their case in short is that the property was requisitioned by the Government in the year 1948 and under such circumstances, the exchange proceeding is not maintainable and the Government has full authority to acquire the property for public purpose. Their further case is that the Government......short is that the property in question was requisitioned by the Government vide Requisition Case No.43/1974f-48 and vested in the Government. The writ petitioner who is the original resident of village-Serpur under Police Station Bongaon, District-24 Porgona, India migrated to the then East Pakist..Category: Property Law | Date: | Hits: 81
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......, but the description of ‘money laundering’ in the Ordinance of 2008 and the Act of 2009 has made clear the description given in the Act of 2002. If the descriptions in these legislations are carefully analyzed it will be found that the criminal quality of ‘money laundering’ as assigned in t......s as mentioned in Section 36(2) (b) of the Act. Simply because Section 36(2) (b) is silent on other cases it does not follow that the parliament intended to destroy them. There is nothing in the language in clause (b) of sub-section (2) of section 36 of the Act from which it cannot be concluded that..Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
.... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ......ilutennessa were convicted under sections 302/34 of the Penal Code and sentenced to death in Sessions Trial Case No. 25 of 1996. 3. The essence of the prosecution case is that Shefali alias Shafu, aged about 26 years, was the daughter of the informant. Shefali was given in to marriage to accused ..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......d then from Dhaka to Chittagong and sometimes to Shariatpur during the whole month of November, 2001. During the said time he entrusted his clerk Md. Abdul Mannan to check up the daily cause list carefully and to arrange for taking time as and when required. Most unfortunately, the clerk missed the ......ee suits the main and substantial question was as to whether the concerned deed of gift was genuine or created fraudulently on obtaining the thumb impression of Meherunnesa who was suffering from old age diseases. From the 3 (three) suits three title Appeals arose. The trial Court and the appellate ..Category: Property Law | Date: | Hits: 73
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
....of the defendant No. 1 and, as such, the plaintiff and her son are not entitled to get any maintenance and that the suit has not been filed as per provision of law and that the plaintiff is a corrupt woman and she used to cohabit with various persons to earn money and that the defendant No. 1 is a m...... continuance of marriage or within 280 days after its dissolution is not that person's child. 11. She further submits that since the husband divorced his wife after consummation she is entitled to full dower and maintenance upto her iddat period. She further stated that the trial Court while cond......hat the plaintiff was married with the defendant No. 1 on 5‑8‑1998 by a registered Kabinnama at a dower of Taka 50,000 out of which Taka 5,000 was paid. The plaintiff was pregnant before her marriage by the defendant No. 1 and she went to the house of defendant No. 1 to live as husband and wife...Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....l evidence to substantiate charge against the condemned prisoner. 9. Section 10(1) of the Nari‑o‑Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 prescribes a sentence of death for murder of a woman on account of dowry by the husband or his relations. Ordinarily, "Every crime which is created......the victim has been recovered from the house of the condemned prisoner and the medical evidence shows that the victim died as result of injuries, the accused cannot escape from criminal liability. We fully agree with the learned Deputy Attorney General. PW 4 found 5 injuries on the person of the v......hishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, shortly the Ain. Prosecution case has been narrated by Abdul Prodhania (PW1) which is as follows: 3. The victim Nilufa Akter has been given in marriage with the condemned prisoner about 7/8 years ago. After the marriage the accused Billal Hossain G..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
.... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ......rney-General appearing for the State, opposes the appeal and supports the impugned judgment. The learned Assistant Attorney-General further submits that in view of the fact the prosecutrix has successfully proved the case of rape and her evidence has been sufficiently corroborated by other witnesses......n Ain, 1995 and sentencing him thereunder to suffer imprisonment for life. 2. Broad facts relevant for the purpose of the case are that at about 8.00 PM on 15‑4‑1998 victim Mst. Arzina Khatun, aged about 13 years, went to their family latrine to respond to the call of nature when appellant Md..Category: Criminal Law | Date: | Hits: 45
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......opedic Word dictionary, (1972) page 836, the word "investigation" is a systematic, minute and thorough attempt to learn the facts about something complex or hidden: it is often formal and official. A full-fledged criminal case is a drama in three acts (i) information, (ii) investigation or inquiry a......judgment and order dated 23‑3‑2002. During the pendency of the said Rules, the detenus were shown arrested in Ramganj Police Station Case No. 13 dated 23‑9‑2001 on the basis of a wireless message made by the officer-in-charge, Ramganj Police Station. 3. The detenus submitted their bail bo..Category: Criminal Law | Date: | Hits: 70
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......d careful step in above matter as to disposal of the case within 4 months' time as directed in order dated 27‑11‑2002 in Criminal Appeal No. 3161 of 2002 by the High Court Division. We painfully noticed that presiding Judge of the Court could not properly play the adequate role in above m......ajshahi. 2. It has been stated that Putia PS Case No. 16 dated 19‑4‑2002 was started on first information report lodged by one Mr. Halimuddin to the effect when his daughter Shewly Khatun, aged 14 years, went to bamboo bush to make the goat drink water when accused Harun came, took her to..Category: Criminal Law | Date: | Hits: 72
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......unshi. 6. Lifeblood of prosecution case programmed in First Information Report and unfurled during trial may succinctly be stated which are as follows: a) Md. Jahangir Kabir Fatik, an Advocate, full brother of Md. Ahasanul, Kabir (Informant PW 1) and son of Md. Hashem Ali Molla (PW36) and Seta......23777 but no response came. This witness, stated that he became aware that the telephone was of Ershad Ali Sikder. 38. PW 37 Satara Begum, mother of victim Fatik, gave evidence in the similar language and terms which is that on 6‑4‑1998 her son Fatik arrived in Khulna from Dhaka in connection..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ...... instituted the suit against the appellants and another for declaration that deed of partition being No. 8692 executed on 10‑8‑1991 and registered on 14‑8‑1991 by defendant No. 5 as described fully in schedule F to the plaint and number of affidavits dated 18‑11‑1984 are all fraudulent, ......2001 the plaintiffs made an application under Order XL rule 1 (a) read with section 151 of the Code of Civil Procedure for appointment of a receiver for maintenance, preservation, protection and management of the suit property as described in schedules A to E and also for collection of rents and p..Category: Property Law | Date: | Hits: 69
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....ney-General-For the State-Respondent. Farida Khan with Masuda Rehana Begum-For the Informant-Added-Respondent. Criminal Appeal No. 1687 of 1996. Judgment AK Badrul Huq J.- Crime against a woman/girl in general and rape in particular is on spurt. Rape sometimes followed by death has becom......ling the said contention argument has been put forward in bringing home contention from the side of State‑respondent and informant, the victim of rape crime Ratna Rani that offence of rape has been fully established and this Court can very well award conviction and impose sentence against accused......People's Republic of Bangladesh. 2. An intensely appalling nature of a case tabled by prosecution and accepted by Special Tribunal No. 8, Comilla, the same being commission of rape on a young girl aged about 18 years by a student studying law taking undue advantage of fiduciary capacity as father..Category: Criminal Law | Date: | Hits: 64
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
.... brother of the informant was chopped to death with dao, kodal and shavol, ornaments were looted, Sheoli, wife of deceased Tapan and Anima were gang raped. Even informant's minor daughter and elderly woman were not spared and subjected to dragging for sexual harassment. 4. It appears that Nar......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......d 13‑9‑2003 passed by the Nari‑o‑Shishu NiKiatan Daman Bishesh Adalat rejecting the application for bail of the accused appellant in Nirjatan‑o‑Shishu Case No. 162 of 2003 arising out of Bagerhat PS Case No. 13 dated 10‑3‑2003 under section 9(1)/9(3)/9(4)B/30 of the Nari‑o‑Shishu..Category: Criminal Law | Date: | Hits: 43
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