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State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)

.... of occurrence. 13. PW 2 Bishanath Shil, a local Chowkidar, says that he went to file hajira at the police station on the date of occurrence and the deceased asked him about the whereabouts of the criminals in the locality and then PW 4 Shafiqul Dafadar expressed that Mukul Dacoit was moving in t......pon be set at liberty forthwith, if not wanted in connection with any other case. Communicate the order at once. Send down the LC record. Ed. This Case is also Reported in: 58 DLR (2006) 40. ......them and they started for the place of occurrence dividing themselves in 3 groups and approached the same from 3 different directions. The said dacoit having got scent of the police personnel in the area started running away when deceased Sub-Inspector Amzad caught hold of him. At this, Mukul raised..

Category: Criminal Law | Date: | Hits: 49

Abu Taher Vs. State, 2005, 34 CLC (HCD)

....ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ...... 2. The prosecution case, in short, is that on the night following 27-2-1984 at about 3.00 AM the appellant in his hut at first beat his wife deceased Lili Begum, then throttled her to death and thereafter gave out that she committed suicide by hanging. Next morning Abdul Mazid Kha, the father of ..

Category: Criminal Law | Date: | Hits: 41

World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....nt thereof is inconsistent with the Act. Therefore, it is not necessary to mention the cases cited by Mr. Rafiq-ul Huq to substantiate his contention as made above. 59. (8) Effect of pendency of a criminal case in respect of the subject matter. The respondents in the supplementary affidavit state......discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14.......d "Request For Proposals" (hereinafter referred to as RFP) (Annexure-C) for installation of 3 lac Public Switching Telephones, commonly known as land phone, in private sector in Dhaka Multi-Exchange Area (hereinafter referred to as Dhaka MEA). Accordingly, the MOPT published an invitation for intern..

Category: Information Technology Law | Date: | Hits: 321

Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)

....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......kabalas dated 21-9-1972. The kabalas are 3 and Exhibit 3(a); but the SA record was wrongly prepared in the names of the defendants 4 and 5 and on the strength of that record, the defendants 4 and 5 threatened the plaintiff to dispossess from the suit land and hence the suit has been filed. 4. Fur..

Category: Property Law | Date: | Hits: 85

Bangladesh Forest Industries Development Corporation and others Vs. Sheikh Abdul Jabbar, 2002, 31 CLC (HCD)

....ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ......ainable. For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 488. ......ly a charge-sheet was submitted against him for misappropriation and defalcation of money on 3-2-90. However, on the basis of another Enquiry Report he was reinstated on 14-3-91 in the service and thereafter another High Power Enquiry Committee consisting of 5 members was formed in 1991 and the said..

Category: Civil Law | Date: | Hits: 89

Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)

....ry and not mandatory as no consequence has been provided and non filing of application for release of the property does not make the sale to the plaintiff nugatory. Although this decision is based on criminal legal system but it has got some force in this dispute also, as the prayer of the aggrieved......)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481.......d karta of the joint Hindu family, consisting of the defendants 3-8 as well, the suit land and other joint lands and properties of the said brothers which were attached in the certificate cases were treated as joint and ejmali property of the said defendant brothers and that is why the defendant No...

Category: Property Law | Date: | Hits: 83

Nizam Hazari Vs. State, 2001, 30 CLC (HCD)

....trial and judgment a nullity and without jurisdiction. The defect, if any, is a procedural and technical one not affecting the merit of the decision of the case………….(20) Administration of criminal justice If offenders like the convict-appellant goes scot free without the result of cri......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ......nst offenders, specifically against the Armed Cadres, for the fear of inviting enmity with them and even for safety of their lives. In Arms case generally Police personnels stand in witness box. This reality cannot be overlooked. Testimonies of police witnesses cannot be rejected on the ground that ..

Category: Criminal Law | Date: | Hits: 58

Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)

....ses of the alleged occurrence. It is a sound principle of law that it is not the quantity of witnesses but quality of evidence that matters much to convict an accused in a grave offence of murder. In criminal law there is no impediment in convicting an offender on the basis of testimony of single wi...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ......ant rushed to the place of occurrence and heard that his son Azhar and the other boy Mithu were taken to the hospital in injured condition. The informant went to Comilla Sadar Hospital immediately thereafter and found that Azhar succumbed to the stab injuries and that the other victim Syed Ahmedul H..

Category: Criminal Law | Date: | Hits: 35

State Vs. Md. Shamim alias Shamim Sikder and others, 2000, 29 CLC (HCD)

....im who, according to the prosecution case, caused the fatal injury. 33. Section 34 of the Penal Code does not create any distinct offence and merely lays down the principle of joint liability in a criminal act done in furtherance of the common intention of the offenders. In the case of State Vs. ......der alias Md. Ratan are allowed and they are found not guilty to the charges levelled against them and they are acquitted in this case. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 439.......ed brother Alak Dutta along with their neighbours Kazi Jasim and another Jasim went to Barisal Medical College Hospital to see a patient at about 11-00 PM on 27-10-93 by a motorcycle. 2. When they reached near Emergency Department of the Medical College Hospital accused Shamim, Nahid, Yousuf, Rat..

Category: Criminal Law | Date: | Hits: 50

Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)

....country. He was forced to stay in the country during the assessment period for more than 6 months, for more than 182 days by specific order issued from the Court of Chief Metropolitan Magistrate in a criminal case prohibiting him from traveling abroad and, as a matter of fact, he was offloaded at th...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ...... lot of money as tax on US salary but an arrangement could be made to avoid paying taxes at which the petitioner asked him to leave the office and told him that he is not liable to pay taxes here. Thereafter the petitioner received another notice dated 20-4-92 issued by respondent No.3 directing him..

Category: Fiscal/Taxation Law | Date: | Hits: 98

Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)

....itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ......iled on 20-7-99 before the learned Magistrate, 1st Class, Cognizance Court No.4, Chittagong, stating that the said injured Md. Morshed Ahmed having died in Chittagong Medical College Hospital during treatment, section 302 of the Penal Code was included in the case. The petitioner No.1 was granted ba..

Category: Criminal Law | Date: | Hits: 43

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. ......condemned prisoners committed murder 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 appli......n Babul Miah committed murder of Hazera Begum, wife of Babul Miah by severely burning her with acid for dowry. In the trial Osena Begum was charged under section 10(1) while Babul under section 10(1) read with section 14 of the said Ain. To prove the case, the prosecution examined 11 witnesses while..

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. ...... 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. ......namely, Rokeya Begum (PW 1), Sufia Khatun (PW 2) and Momena Khatun by deed of Heba‑bil‑Ewaz (Ext. 1) dated 17‑9‑1974; accused Akkas Ali step‑brother of the said donees and son of the donor created a forged deed in respect of 99 decimal of land of Plot Nos. 1230 and 1241 including a portion..

Category: Criminal Law | Date: | Hits: 129

Mrs. Aruna Sen Vs. Govt. of the Peo­ple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)

....ntiating the allega­tions made in ground No. 4 that the detenu has committed several dacoities and murders in the district of Faridpur. It appears from, the said document that there are two specific criminal cases against the detenu, one being P.S. case No. 8 dated 15-7-72 under sections 364/307/34......ast Pakistan by violent means and during the year of 1947 (after partition), 1948 and 1955 (till your arrest and when you were not in jail) you were concerned in prejudicial acts in the district of Mymensingh, part September, 1947, March, 1948 and October, 1955, you with the help of some anti state ......e of the student and teachers of the Graphic Art College which is close to the place of occurrence having intervened the said group did not succeed in their attempt and left the place. But shortly thereafter some members of the Rakkhi Bahini appeared on the scene and took away the said Chanchal Sen...

Category: Constitutional Law | Date: | Hits: 291

MA Bari and others Vs. Uttara Sarkari Officers Quarter Kallayan Samity and others, 2003, 32 CLC (HCD)

....ereof its under: “26. From the Appellate side rules it appears that writ petition in the nature of Habeas Corpus is governed under section 491 of the Code of Criminal Procedure in Chapter II, as criminal businesses. Hence the writ petitions of other nature such as mandamus, certiorari and quo w...... of the review petitioners the same is set aside on review. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 289. ......Kallyan Samity" was formed on 11‑10‑96 and the review petitioners, Mr. MA Bari and Mr. MA Malek, were elected as the President and General Secretary respectively of the samity. The said samity thereafter started functioning under the leadership of the review petitioners. Meanwhile, some disgrunt..

Category: Others | Date: | Hits: 119

Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)

....er sections 302/109 Penal Code and others under sections 302/34 Penal Code including non­-confessing accused Bashir Sarder @ Bashar. We stated earlier convict accused Abdul Majid Sarder preferred no criminal appeal. 35. There is no dispute as to the established principle that statement under sec...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......ur, Alamgir and others and saw his brother Saha Alam and brother’s son Jahirul Hoque lying there with bleeding injuries on their persons. They were taken to Muladi Hospital by boat. But before any treatment by doctor of the hospital Saha Alam died and Jahirul Hoque was sent to Barisal Medical Coll..

Category: Criminal Law | Date: | Hits: 42

A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)

....yer by his order dated 15-9-93. The complaint thus, preferred a revision before the Sessions Judge, Thakurgaon and the Sessions Judge after hearing both parties passed the impugned order allowing the criminal revision setting aside the order of the Magistrate and directed the Magistrate to take cogn......order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395.......the mater. The petitioner No.1 according to decision of salish married the complainant on 13-5-93 and when the child in the womb grew up the accused persons committed miscarriage on 19-5-93. 3. Thereafter, the opposite party No.2 on 19-5-93 filed the case before the Magistrate. At the time of hea..

Category: Criminal Law | Date: | Hits: 43

Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)

....trate was pleased to acquit all the accused persons under section 247(1) of the of the Cr.P.C. 3. Being aggrieved and dissatisfied thereby the complainant as appellant has come up with the present criminal appeal. 4. None found present to oppose this appeal. We have heard Mr. Md. Ashfaqul Isla......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ......Manikganj, District Dhaka. The complainant was examined on SA by the Sub Divisional Magistrate and issued process against the accused appellants at SI. No.1-14 under section 467 of the Penal Code. Thereafter the case being ready for trial was sent to the court of learned Sessions Judge, Manikganj on..

Category: Criminal Law | Date: | Hits: 44

Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)

.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ...... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ...... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ..

Category: Criminal Law | Date: | Hits: 42

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. ......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. ......rt, is that one Elais Miah lodged a written F.I.R. at Jagannathpur Police Station on 23.05.1997 alleging, inter alia at 8:30 p.m. he was going to the house of his uncle deceased Abdul Gafur. While he reached near the house, suddenly he got a sound of gunshot and saw that 3/4 persons were running awa..

Category: Criminal Law | Date: | Hits: 43