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Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......ging a ditch nearby the west side of the Kendua Kalibari railway line. On information received from GD entry made by Kazi Shamsuddin, P.W. 3 of Jamalpur Police Station, police went to the place of occurrence and disinterred the (lead body of Tegu from a ditch newly dug out in the above mentioned..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ...... 3 Amirul Haque @ Dulu, P.W. 4 Abdul Wahab and P.W. 5 BM Imdadul Huq (Tulu), of whom P.W.s. 2, 3 and 5 are full brothers and are nephews of deceased Ekhlasuddin, are the eye‑witnesses to the occurrence and the prosecution case which transpired from their common evidence is, that deceased ..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ...... charge‑sheet on November 15, 1982 against the appellants and 7 others named in the FIR of P.W. 1. He also submitted another charge sheet against P.W.s 1, 12 and 10 on the same day on the we occurrence, on the basis of suo motu FIR filed by the Sub‑Inspector of Police, Nalchity. ..Category: Criminal Law | Date: | Hits: 40
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......tion well. The learned Advocate for the respondent also argued that it was not possible for P.W.s 3 and 15 to remember the facts to which they were deposing in 1975 after more than 13 years of the occurrence. We do not think that this is a sound reason for rejecting the evidence of P.W.s 3 and 1..Category: Criminal Law | Date: | Hits: 41
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....0 (534) and on Haradhan Saha vs. The State of East Bengal AIR 1974 (SC) 2154. In Golam Hossain's case, where the detenu was alleged to have indulged in bomb hurling and brickbat throwing in public places Krishna Iyer, J held: "It is true that there must be a live link between ......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
.... 76. When the Government places an industrial enterprise under a Corporation and such enterprise is neither an abandoned pro......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ...... the protection of local police station and as these appellants used to obstruct her from prostitution this false case was started implicating the appellants. The defence further suggested that no occurrence took place in the manner, place and time as alleged by the prosecution. 4. Leave..Category: Criminal Law | Date: | Hits: 66
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....ggages and the bag of the respondent along with him. In cross‑examination he said generally that he being a loader for the crew brings their goods by trolly, that the baggages bear tags and that he places them on the relevant customs counter. Sometimes the crew themselves carry their baggages afte......e of tags which could prove beyond doubt that the bag belonged to the respondent. 28. Admittedly, there was no tag with the disputed bag at the time of trial nor was any seized on 30.5.86 when the occurrence took place. P.Ws 6 and 7 did say in their cross-examination that the respondent had told ..Category: Criminal Law | Date: | Hits: 132
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....ambit of sub-section (2) of section 167 of the Code, as contended by Mr. Mainul Hosein. The term “remand" does not occur in section 167 of the Code, though it has been used in some other places. The term has not been defined in the Code, but it has been defined in CORPUS JURIS SECU-ND......e of the view that the proceedings against the respondents, if allowed to continue, would be abuse of the process of the Court on the ground that none of the respondents was seen near the place of occurrence and no witness was forthcoming to make the accusation against the respondents connecting..Category: Criminal Law | Date: | Hits: 125
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ...... acquittal is against the direct evidence of at least one witness, namely, PW 2 Mona, corroborated by the Medical officer (PW 3) and the Informant (PW 2) who lodged the ejahar within an hour of the occurrence. The evidence of PW 2 Mona is that Paltu caught hold of Kafi while Ashraf Ali struck a ..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ...... on the ground and died thereafter. The other accused persons also dealt various blows on several witnesses causing injuries on them. 3. The defence case was one of innocence and that no occurrence took place in the house of PW 1 Serajul Huq. Deceased Aminul Huq and others attacked the..Category: Criminal Law | Date: | Hits: 56
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......ecutor filed a petition on 10.6.93 under section 540 Cr.P.C. seeking permission of the Court to examine Golam Kibria @ Tipu as an additional witness stating that he was an alleged eyewitness to the occurrence, his name was cited as a witness in the charge-sheet and his statement was recorded by a ..Category: Criminal Law | Date: | Hits: 53
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ......n one hundred eighty days before the term of the Union Parishad is due to expire, an election or a nomination, as the case may be, to fill the office shall be held or made within sixty days of the occurrence of the vacancy, and the person who is elected in such election or nomination shall hold ..Category: Election Law | Date: | Hits: 136
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......usly in giving preference to ft voter list where the girl's age is shown to be 18 years over the testimony of the father supported by the school certificate that she was below 12 years on the date of occurrence. Nor the certificate of pregnancy on which reliance was placed was at all relevant for de..Category: Criminal Law | Date: | Hits: 68
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....ion of revenue"; if such illegal actions are allowed, the respondent No.1, in future, at the instance of interested quarters, will also grab vacant land of different parks situated at similar places of city; the said construction by the respondent No.1 and the respondent No. 5 Samity defyin......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......issed. The Evidence Act, 1872 (I of 1872), Section 3 The relationship of an witness is by itself no ground to discard his evidence unless such evidence is tainted with marks of falsehood. The occurrence taking place at 3 am in the house of PW 1, so the inmates of the house are the natural wi..Category: Criminal Law | Date: | Hits: 47
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......de of Criminal Procedure, 1898 (V of 1898), section 417. Departure, contradiction and embellishment in the prosecution case creates doubts as to the prosecution version regarding the manner of the occurrence. In such circumstances, benefit of doubt goes in favour of the accused……….(18) B..Category: Criminal Law | Date: | Hits: 67
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......n 161 of the Code of Criminal Procedure that they heard either from the victim or from PW 2 that the condemned prisoner demanded any dowry at any time, that payment of Taka 20,000 a week before the occurrence was not mentioned in the Exhibit 2 (khata) wherein entries were made about alleged payme..Category: Criminal Law | Date: | Hits: 59
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......s came forward and on their resistance the accused could not succeed to remove the dead bodies and that Abdul Kader Mridha informed the matter to the Superintendent of Police who went to the place of occurrence on the following day and First Information Report was lodged with the local police statio..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ing dead his heirs Hamida Begum and others..........…Respondents Judgment August 24th, 2005. The Cinematograph Act, 1918 (Act II of 1918), section 5 There are places of worship, residential houses, schools, hospitals etc. within two hundred yards of the pro......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69