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Tariqul Islam Vs. Bangladesh and Others, 2016, 45 CLC (HCD)
....d in connection with such riparian; (h) That the applicant is likely to become destitute and his repatriation would be a charge on public funds; (i) That the application has been made for a minor, suspected of being taken out of Bangladesh against an order of the court or against the wishe......seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ......seven) days from the date of receipt of a copy of this judgment. There is, however, no order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 150 ..Category: Administrative Law | Date: 14 Jan, 2016 | Hits: 1
State Vs. Md. Golam Rabbani, 2016, 45 CLC (HCD)
....this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 167 ...... be tried. 30. On perusal of the connected papers we find that among the witnesses adduced from the side of the prosecution there is no ocular witness who witnessed the occurrence of killing the victim, which is likely in the instant nature of case when it is a wife killing case. The witnesses ......this judgment and order to the learned trial court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 167 ..Category: Evidence Law | Date: 6 Dec, 2015 | Hits: 6
Ali Ahsan Muhammad Mujahid Vs. The Government of Bangladesh, 2015, 44 CLC (HCD)
....ere the court can remedy its judgment. In the alternative, it may be said that the error must also have a material real ground on the face of the case. A petition over ineffectually covered ground or minor mistakes of inconsequential import does not call for review.” 7. This Division has ......ay not be a time barred punishment in some frightful areas of barbarous murder. Illustratively, the Court has mentioned that the brutal features of the crime and the hapless and helpless state of the victims. Although many countries have abolished death sentence, the capital punishment still pr......has been affirmed by the Appellate judgment. We do not find any illegality in our Appellate judgment. Hence, the review petition is dismissed. Ed. This case is also Reported in: ..Category: International Crimes Tribunal Law | Date: 18 Nov, 2015 | Hits: 111
....l Qader Chowdhury was defeated because of Hindu voters, who did not cast votes in his favour. In retal-itatiom, Fazlul Qader Chowdhury and his followers started mass killing, looting, driving out the minority community from the locality to India so that in the next elections none of his family ......st the accused at the instance of the political opponents or that he was picked up by his political opponents to depose against the accused Salauddin Qader Chowdhury.
16. P.W. 4 is the nephew of victim Nutan Chandra Singha. He stated that as Hindu joint family they were living at village G......ich were Hindu populated areas and created reign of terror in those areas on religious ground and they torched the houses and killed the innocent Hindus, looted away valuable goods and abducted young girls. He has also narrated the atrocities committed by Salauddin Qader Chowdhury in the Hindu popu&..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ...... was framed to whicfc however the sole accused pleaded not guilty and claimed to be tried. Next in order to bring the charge home the prosecution produced as many as 7 witnesses including the alleged victim Malati Rani P.W. 2 herself. Next the accused was examined under section 342 of the Code ......ulla. He repeatedly promised that he would formally marry Malati Rani in good time. Next by brandishing a knife and using force Sanjay committed rape upon Malati in that evening and detained the girl there for the remaining 4 days. During this period Sanjay would commit rape upon Malati every n..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....n question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Manikgonj for sexually assaulting to death of Sumi Akhter, a minor girl aged at about 7 years. The Bishesh Adalat sentenced him to death and the High Court Divis...... by another legislation namely, Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. In this piece of legislation, ‘children’ within the meaning of the Children Act, 1974 is included as the victims with women and the horizon of offences is also widened, that is to say, offences relating to......tion by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Manikgonj for sexually assaulting to death of Sumi Akhter, a minor girl aged at about 7 years. The Bishesh Adalat sentenced him to death and the High Court Division al..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....n question by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Manikgonj for sexually assaulting to death of Sumi Akhter, a minor girl aged at about 7 years. The Bishesh Adalat sentenced him to death and the High Court Divis...... by another legislation namely, Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995. In this piece of legislation, ‘children’ within the meaning of the Children Act, 1974 is included as the victims with women and the horizon of offences is also widened, that is to say, offences relating to......tion by the appellant Md. Sukur Ali, a death row convict, who has been convicted by the Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Manikgonj for sexually assaulting to death of Sumi Akhter, a minor girl aged at about 7 years. The Bishesh Adalat sentenced him to death and the High Court Division al..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
....urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ...... the respondents from the charges. There is no error in the judgment and order of the High Court Division which calls for any interference by this Division. 11. The prosecution case was that the victims along with some witnesses, on the date and time of occurrence, reached in between Fateh Chan......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
.... to the Mortgage Deed, Plaint and Execution Application. The plot as contained in the title deed is plot number 120 was not included in the schedule to the Mortgage Deed through inadvertence. It is a minor irregularity and for said irregularity the process of auction sale cannot be said to......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)
....ust, or (c) a murder is committed in the course for betrayal of the motherland. III. Anti-social or socially abhorrent nature of the crime 35. (a) When murder of a member of a Scheduled Caste or minority community, etc., is committed not for personal reasons but in circumstances which arouse so......ENCE It is axiomatic that in affirming death sentence, we followed ICPR guidelines, doctrine of just desert having proportionality and commensurability as its touch stone and the predicament the victims, their families and the country as a whole suffered, and, of course also looked at the presu......, quite candidly submitted that he is aware of the limitations that a review petition faces. Resultantly, the instant review petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60
Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)
....from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ......ney without taking his daughter. The further prosecution case was that the accused assaulted his daughter with lathi at his house. At that time, his daughter (hereinafter referred to as the victim) was 8(eight) months pregnant. He rescued the victim and then filed the case. 4. The pro......from the date of his conviction; so, let the accused be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 231. ..Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18
A Kader Zilani (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....ment and order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ...... had no any intention of misappropriation of the goods in question. And later on, the remaining goods were delivered to the agent of the informant. As such, the accused is innocent and has become the victim of circumstances. 7. The trial Court on consideration of the evidence and other material......ment and order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 130 ..Category: Anti-Corruption Laws | Date: 3 Dec, 2014 | Hits: 11
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ......l Petition for leave to appeal and in disposing the said criminal petition for leave to appeal, the Appellate Division observed in the following ways: "We find from the record that the victim, as informant, lodged the First Information Report naming the accused respondent as one of th......sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
State Vs. Robin, 2014, 43 CLC (AD)
.... with law. The accused respondent Robin be enlarged on bail to the satisfaction of the trial Court till conclusion of the trial. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 272. ......ment July 24, 2014. Result: The petition is disposed of. Contradiction between F.I.R. lodged and evidence When there exists serious contradiction between F.I.R. lodged by the victim and his/her evidence given in the court, the High Court Division may disbelieve evidence of t...... with law. The accused respondent Robin be enlarged on bail to the satisfaction of the trial Court till conclusion of the trial. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 272. ..Category: Criminal Law, Women and Children | Date: 24 Jul, 2014 | Hits: 16
....n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 54.
......, for disposal of the case, are that the deceased Kohinoor was married with accused Mahabur Sheikh and their conjugal life continued for four years and it ended with the diabolical murder of the victim, wife. The victim used to reside with her husband in her conjugal life. On 23-9-2003 at about......n to interfere with the decision of the High Court Division. Accordingly, the criminal petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 54.
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Category: Women and Children | Date: 20 Jun, 2014 | Hits: 15
Motiur Rahman and others Vs. Siddika Begum and Others, 2014, 43 CLC (HCD)
....ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179 ......ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179 ......ppeal No. 122 of 2009 is hereby upheld. The order of stay granted earlier by this court is vacated. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 179 ..Category: Procedural Law | Date: 16 Jun, 2014 | Hits: 0
State Vs. Md. Sajjad Ali, 2014, 43 CLC (HCD)
....e accused. But in the instant case P.W. Nos. 11 and 12 are 3rd persons and they are not natural witnesses, they may be termed as a chance witnesses. Though P.W. 2 is the son of the informant, he is a minor boy. Therefore, the principle enunciated in the case referred to above is not applicable ......the manner of occurrence have been proved by the prosecution witnesses beyond doubt; 3. P.W. 2 Sohag, P.W.11 Riazul Islam and P.W.12 Md. Rubel Ali saw the condemned prisoner taking away the victim and that they also saw the accused last with the victim; 4. the condemned prisoner made ...... not been examined by the prosecution to ascertain the motherhood/fatherhood of the child. In fact none of the prosecution witnesses stated that the accused is the father and the prostitute girl is the mother of the victim. 65. So, the parentage of the child remains totally unclear. I..Category: Criminal Law | Date: 16 Jun, 2014 | Hits: 15
Mohoshin Miah (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ......the revenue for their common ancestral property created this case but the accused being a man of simple minded could not understand the tricks of Abdus Salam Khokon as a result he has become the victim of circumstances and the trial Court had totally failed to appreciate their defence case. The......d order along with the lower Court's record be sent to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 114 ..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Jun, 2014 | Hits: 8
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
....ly Suit No. 132 of 2008. 2. Plaintiff Mossamat Beautiful Bibi, instituted the suit for realization of her unpaid dower and for the past maintenance for a specific period for herself and her minor son, and also for monthly maintenance for both. 3. Both the Revisions involve the same is....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
.... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ......nknown miscreants on entering into his office. Over the said incident his brother Al-Haj Md. Yousuf (P.W.1) lodged an FIR with the Motijheel Police Station on the following day alleging that the victim had enmity with the accused respondent Abdul Quader and his younger brother co-accused Lowran...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
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