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Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
....This means that Arzina Khatun offered resistance to the accused to the best of her ability and tried to avoid rape by every means. In such a case, it is almost certain that before the victim could be completely subdued and physically over‑powered by the aggressor, the struggle would inevitably lea...... Masud Mia (Md.) ……………………Appellant Vs. State ………………………………………Respondent Judgment December 7, 2003. Case Referred To- Md. Abdul Khaleque and others Vs. State, 12 DLR (SC) 165. Lawyers involved: AFM Mesbahuddin with Khandaker Diliru......f conviction and sentence is not sustainable in law. The learned Advocate further submits that the learned Bishesh Adalat erred in law in passing the impugned order of conviction and sentence without properly weighing and sifting the evidence on record as is required by law and consequently the impu...... 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. ..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ......abul (Md.)…………………Petitioner Vs. State………….……………………………………Respondents Judgment April 4, 2004. Cases Referred To- Bangladesh Legal Aid and Services Ltd (Blast) Vs. Bangladesh, 55 DLR 363; Devendra Dutt and others Vs. State and others, ...... The next case is the case of Sh Zohoor Ahmad Vs. State reported in PLD 1974 Lahore 256 where provision of section 561A Cr.P.C. has further been elucidated as regards High Court's competency to pass proper orders and give consequential directions for giving effect to an order made under the Code an......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....is not inclined, to admit him to bail. 28. Section 167 of the Code requires the police officer who apprehends the person to forward him to the nearest Magistrate, if the investigation could not be completed within the period of twenty-four hours fixed by section 61 and if there are grounds for be...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Sharifuddin Chaklader J Saifuzzaman (Md.)……………………………….Petitioner Vs. State and others ……………………………….Opposite Parties Judgment August 4, 2003. C......kat Sikder and Md. Rafiqul Islam Kotwal should not be brought before this Court to be dealt with in accordance with law or pass such other or further order or orders as to this Court may seem fit and proper. 2. It is stated in the petitions that the detenue Liakat Sikder is a student of Dhaka Uni......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. ..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ......t Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Mahbubur Rahman…………………………………Petitioner Vs. Syed Mostofa Jaman and others………….Opposite Party Judgment December 2, 2002. Case Referred ...... 11‑3‑1999 passed by the Election Tribunal, Gaibandha Sadar in Election Case No.3 of 1998 should not be set aside or such other or further order or orders passed as to this court may seem fit and proper. 2. The opposite party No.1 instituted Election Case No. 3 of 1998 in the court of the...... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ..Category: Election Law | Date: | Hits: 79
Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)
....peal No. 3161 of 2002 in the High Court Division and after hearing both sides appeal was dismissed on merit vide judgment dated 27‑11‑2002 with direction on Nari‑o‑Shishu Nirjatan Rajshahi to complete the trial of the case within four months from date of receipt of the order failing which ac......ddin 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 a nearby sugarcane field by pressing her mouth and raped her against her will. Upon such information above PS case was started under section 9(1) o......ted that due to non-conclusion of the trial within said 4 months' time, accused filed petition for bail on 7‑72003 and the same was rejected by Court below vide order dated 26‑7‑2003) without proper consideration and appreciation of the direction of High Court Division in order dated 27‑11......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. ..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. ......ion (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J M Abu Tariq J State………………………………………………….….Petitioner Vs. Ershad Ali Sikder and others ...............Condemned Prisoners Judgment July 28, 2003. Cases Referred to- ......ony had not been corroborated by any other testimonies and, also, by other circumstantial evidences and conviction and sentence based upon uncorroborated testimony of approver PW6 is neither safe nor proper and conviction and sentence cannot be sustained at all. 11. Argument has been surged forwa......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. ..Category: Criminal Law | Date: | Hits: 69
Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)
....spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ...... Case is also Reported in: 56 DLR (HCD) (2004) 297. ......o. 1, Dhaka in Title Suit No. 146 of 2000 rejecting an application for return of the plaint should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts, necessary for the Purpose of this Rule is that the opposite parties a......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ..Category: Civil Law | Date: | Hits: 114
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....nvestigation, examined witnesses under section 161 of The Code of Criminal Procedure. He could not conclude investigation in view of his transfer. 18. PW 12 Sub‑Inspector of Police Prasanta Paul completed investigation and laid charge-sheet against accused Shibu Pada and other accused persons u......R (AD) 18; State Vs. Abul Kalam, 5 BLC 230; Kellehar Vs. The Crown (1974) 131 CLR 534; Krishan Lal Vs. State of Haryana, AIR 1980 SC 1252; State of HP Vs. Raghubir Singh (1993) 2 SCC 622; Nurul Islam and others Vs. State, 43 DLR (AD) 6 and Masum and others Vs. State, 49 DLR 349. Lawyers Involved:...... money in the name of accused Dr. Anukul Chandra Achariya who used to bear their expenses. Accused Dr Anukul Chandra Achariya, thereafter, took her to his house adopting the plea that it would not be proper to keep her in the house where her mother used to reside. She used to do various household wo......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....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. ......004)279. ......Kha‑Ga) enjoin that the court is to be satisfied there is a reasonable cause to find the accused guilty of the charge brought against him exists in case of woman or child being physically crippled, proper trial will not be hampered for his release on bail as preconditions. 7. Section 25 of ......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. ..Category: Criminal Law | Date: | Hits: 43
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ...... Present: Khondker Musa Khaled J Salma Masud Chowdhury J Chitta Ranjan Das @ Chitta Ranjan Sinha………………………….Petitioner Vs. Shashi Mohan Das and another……………………………………………0pposite Parties Judgment .......1 to show cause as to why the Special Case No.4 of 1997 now pending in the Court of Senior Special Judge, Sunamganj should not be quashed or any other orders be passed as this court may deem fit and proper. 2. The relevant facts are that the complainant Shashi Mohan Das filed a complaint cas......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ..Category: Criminal Law | Date: | Hits: 42
Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)
....ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ....... ......cause as to why the proceedings of CR Case No. 4232 of 2001 pending in the Court of Metropolitan Magistrate, Dhaka, should not be quashed or such other orders be passed as this court may seem fit and proper. 2. The relevant facts are that the complainant opposite party No.1 Mosammat Monira Mo......ceed with accordance with the law. Communicate a copy of judgment and order of the concerned Magistrate court immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 274. ..Category: Criminal Law | Date: | Hits: 49
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
.... Writ Petition No. 3828 of 1992. By an order dated 2‑8‑94 this Division directed the Government to make final assessment of compensation of the land within a period of six months from date and to complete the acquisition proceeding by gazette notification. When the respondents did not take any s...... High Court Division (Civil Miscellaneous Jurisdiction) Present: Abdur Rashid J S Rahman Miah J Pak Eastern Industries Ltd…………………………Appellant Vs. DC, Dhaka and another…………………………….Respondents Judgment March 4, 2004. Cases Refe...... 23. Proviso to clause (b) of section 93A(5)(b) of the Town Improvement Act, 1953 reads, "Provided that in determining such market value the Court shall take into account the average value of the proper‑ties of the similar description and with the similar advantage in the vicinity during the t......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ..Category: Property Law | Date: | Hits: 77
Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)
....h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......rt High Court Division (Criminal Revisional Jurisdiction) Present: Sk Rezowan Ali J AFM Ali Asgar J Matiur Rahman (Md)..............................Petitioner Vs. Nuru Sikdar and others.................Opposite Parties Judgment November 9, 2003. Cases Referred to- ......ur in Mathbaria PS Case No. 2 dated 1‑5‑2001 corresponding to GR Case No. 194 of 2001 should not be quashed and or such order or further order or orders passed as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of this Rule, in short, are that initially......h the case from the stage before discharging of the accused-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..Category: Administrative Law | Date: | Hits: 223
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
.... 19. We have noticed that the authorities in the present case at all stages failed to adopt the elementary and essential principles of fairness by proceeding against the appellant keeping himself in complete darkness and then presenting him with a fait accompli. With respect we like to observe t......sent: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shafiqul Islam Shimul (Md)..........................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and other….Respondents Judgment March 24, 2003. Case Referred to- Sk Ali Ahmed Vs. Sec......s, the Supreme Court of Pakistan says in the Dhaka University Case, is empowered to take decision after ex post facto investigation into facts which would result in consequences affecting the person, property or other rights of another person, then in the absence of any express was in the enactment ....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..Category: Criminal Law | Date: | Hits: 63
State Vs. Shah Alam, 2003, 32 CLC (HCD)
.... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ......J AKM Fazlur Rahman J State..........................Petitioner Vs. Shah Alam..................Condemned Prisoner Judgment November 10, 2003. Cases Referred to- Abul Kashem and others Vs. State, 1990 BLD (AD) 210; Abdul Khaleque and others Vs. State 48 DLR 446. Lawyers ...... of cross‑examination, is that deceased Jannati Khatoon was killed by unknown assailant and the condemned prisoner was falsely implicated in this case because of grudge and enmity concerning landed property. In this background of the case, the learned Additional Sessions Judge convicted the condem...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208.......ondker Musa Khaled J.- This Rule, arising out of an application under section 561A of the Code of Criminal Procedure, was issued calling upon the opposite parties to show cause as to why the judgment and order dated 30‑11‑2000 passed by the learned Sessions Judge, Mymensingh in Criminal Appeal N......3/2000, acquitting the opposite party No.1 from the charge under section 6(5) of the Muslim Family Laws Ordinance 1961, shall not be set aside or any other order passed as this court may seem fit and proper. 2. The relevant facts are that, the complainant‑petitioner Rezia Khatun, being wife of ......Rule. In the result the Rule is discharged. Let the LCR be transmitted to the courts below with a copy of the judgment and order. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 208...Category: Criminal Law | Date: | Hits: 39
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ...... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J GM Morshed..............................Petitioner Vs. City Bank Ltd. and others...........Opposite Parties Judgment January 19, 2004. Result: The Rule is dis......eto to which the hearing may be adjourned the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reasons he thinks proper to adjourn the hearing of the case to some other day." 7. From the plain reading of the se......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..Category: Banking Law | Date: | Hits: 237
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....9 72 (Karachi) 433 it has been observed, the record of one proceeding is not to be treated as a part of the record of another proceeding and the record of each proceeding should be self-contained and complete. Therefore, we find, the leaned Additional Sessions Judge wrongly exhibited the seizure lis......reme Court High Court Division (Criminal Appellate Jurisdiction) Present: SK Sinha J MM Rahman J State..........................................Appellant Vs. Ershad Ali Sikder and others........Condemned Prisoner Judgment February 18, 2004. Cases Referred to- Mitt......tigating agencies. They have not seized any alamat necessary for implicating the accused persons in the case. They have examined the witnesses at a belated stage. From their conduct, it will not be improper if we observe that they have shown undue favour to the accused persons. On the facts of the g......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
...., 1995 BLD 290. Informant PW1 Abu Syed Gazi stated that he recognised and identified appellants Ayub Ali and Waliullah by light of torch focused by appellants themselves whereas prosecution gave a complete god-bye to First Information Report case at the time of occurrence and Sought to develop th......d. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..Category: Criminal Law | Date: | Hits: 54
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ........Petitioner Vs. Government of the People's Republic of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred to- Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others 49 DLR (AD) 172; Mujibur Rahman Vs. Gover....... It has been submitted that the unification of the post of Inspector, Preventive Officer to that with the Appraiser by making the post Gazetted Class‑II is itself illegal and failure to follow the proper law for such unification. The power law is section 4 of the Services (Reorganisation and Cond......r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ..Category: Employment/Service Law | Date: | Hits: 116
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