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Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
.... her will and after commission of rape, they left her near the temple. However, the informant disclosed this matter to the local elites for salish but the convict-petitioners exerted intimidation and threat to her not to take legal action against them. Hence, the FIR was lodged under sections 457/36......ury J Md. Nazrul Islam Talukder J Rajab alias Rajab Ali…………………………………………Petitioner (In Criminal Miscellaneous Case No.10991 of 2010) Sajal alias Md. Sujan Miah and another…………..Petitioners (In Criminal Miscellaneous Case No.10714 of 2003) Vs. The......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..Category: Criminal Law | Date: | Hits: 86
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....is found blank, which is not desirable and it shows the non application of mind of the recording Magistrate. Omission to fill up column 10 of the Form creates a presumption that accused was under the threat of being sent back to the police remand instead of sending him in jail hajat. P.W 17, the rec......isdiction) Present: Mashuque Hosain Ahmed J M. Enayetur Rahim J The State ………………………………………………………………..Appellants Vs. Ashraf Ali and others ………………………………………………Respondent Ashraf Ali and others...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310. ..Category: Criminal Law | Date: | Hits: 82
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....te Officer, Dhaka reported in 29 DLR (SC) 233 and referred to the observations that in the particular case the petitioner may not rush to the Court on the initiation of the proceeding but when he was threatened with some actual danger he can approach the Court for appropriate relief. In this case th...... (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is mak....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..Category: Immigration and Citizenship Law | Date: | Hits: 343
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....ি, উম্মা, ইত্যাদির কারনে হতে পারে।" The shivering condition in which Ansar made the confession un‑erringly indicated that he was subjected to threat and torture before he was produced before the Magistrate for recording of the confession. The....... Cases Referred to- State Vs. Bashirullah, 16 DLR 189; Mafu @ Mafizuddin Vs. State, 31 DLR 16; Ismail Sarker Vs. The State, 33 DLR 320; Hassen Ali Vs. State, 38 DLR 235; Bangladesh Vs. Paran Chandra Baroi, BCR 1986 (AD) 225; Moslemuddin & ors. Vs. State, 1987 BLD (AD) 1; Amir Hossain Howl...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489...Category: Criminal Law | Date: | Hits: 91
State Vs. Kazol, 2011, 40 CLC (HCD)
....t course of affairs that he met with his violent end at the hands of only one of them. In this Mr. Chakrabortty submits that the Section 164-statements made after arrest without torture, coercion and threat are to be considered as given voluntarily upon fulfillment of all legal/procedural formalitie......Involved: A.M. Md. Azizul Haque, Advocate-For the Condemner Prisoner/ State Defense Lawyer. Bhishmadev Chakrabortty, Deputy Attorney General with Atiqul Haque (Salim) Assistant Attorney General and Abu Saleh Md. Fazle Rabbi Khan, Assistant Attorney General-For the State. Death Reference No......it was in that course of affairs that he met with his violent end at the hands of only one of them. In this Mr. Chakrabortty submits that the Section 164-statements made after arrest without torture, coercion and threat are to be considered as given voluntarily upon fulfillment of all legal/procedur..Category: Criminal Law | Date: | Hits: 106
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....been arrested by the police after a long time was also mercilessly tortured; both the accused persons were illegally confined in the police custody and then produced before the Magistrate holding out threat that they would be taken back by the police, if they do not make confession according to the ......) 83. ......nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ..Category: Criminal Law | Date: | Hits: 110
Md. Abul Hossain Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....Nikah Registrar to ascertain the age of the bride/groom before solemnization of marriage and the Nikah Registrars are bound to do it in order to stop child marriage. Such marriages have posed a great threat to the overall development of the Country. 23. Accordingly, to statistics from 2005, 45% ......Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ......ensure that every Nikah Registrar must be satisfied that the bride/groom is major at time of solemnization of marriage. Gobinda Chandra Tagore J.-I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 128
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
.... as open spaces, park, play filed, road, mosque, primary school etc. are recognized in any township they cannot be abolished or done away with. It will be a denial of their civil right and it will be threat to environment. The respondent No.1 is not authorised to curtail or destroy open spaces for....... ......o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ..Category: Property Law | Date: | Hits: 92
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....ode. On behalf of the tenants one Wazir Ahmed also lodged an FIR with the said police station which was registered as Lalbash P.S. Case No.940 dated 16/09/1997. Subsequently the defendants by putting threat on the life of the plaintiffs as well as their father Abdul Majid and also by applying force ......: VIII ADC (2011) 344.......n lady. At the ill advice of Manjurul Haque, the then-in-charge of Martial Law News Centre, Major Sharif, obtained the signatures of Rasheda Begum on two agreements and the compromise applications by coercion without disclosing the contents thereof. As the said agreements and the applications for co..Category: Property Law | Date: | Hits: 72
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....a kupibati due to the natural call of her minor son, the accused‑persons numbering 5 entered into her hut with dao, chhuri and chewar etc. in hands by pushing the "jhap door" and one unknown person threatened and resisted her with dao and asked her not to speak, while the other accused‑persons, ...... This Case is also Reported in: 43 DLR (1991) 573. ......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..Category: Criminal Law | Date: | Hits: 82
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
.... evidence is marked by contradiction on material point and that the confessional statement on which prosecution much relied is totally inadmissible in evidence in as much as it is tainted by torture, threat, intimidation and promise and as such it should be excluded from consideration. It is further......ia @ Shahajahan ............................Appellant Vs. The State......................................................Respondent. Judgment March 6, 1990. Case Referred to- Waris and others Vs. The State, 1982 Pak. Crl. Law Journal 720. Lawyers Involved: Md. Moazzem Hossai......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....up the cash shortage. But having failed to collect cash from them, he lost his mental balance and absconded. Thereafter he was arrested from Bogra and compelled to make a confessional statement under threat and torture and the same was neither voluntary nor true and he retracted the same. 5. Mr. ......…Appellant Vs. State……………………Respondent Judgment March 10, 1993. Result: The appeal is dismissed. Lawyers Involved: MA Malek with M Itnan Ali, Lutfa Ara Begum and AKM Asaduzzaman, Advocates ‑ For the Appellant SB Barua, Advocate ‑ For the State. Cri......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ..Category: Criminal Law | Date: | Hits: 91
....rd him in view of the constitutional issued of grave importance raised in the instant case involving an international treaty affecting the territory of Bangladesh and his complaint as to an impending threat to his certain fundamental rights guaranteed by the Constitution namely, to move freely throu......Parishad...........................Petitioner
Vs.
The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Information, Bangladesh Secretariat, Dhaka and others...........................Respondents.
Judgment
May 30, 1991.
Cases Referred to-......
Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused.
Ed.
This Case is also Reported in: 43 DLR (1991) 424.
..
Category: Constitutional Law | Date: | Hits: 246
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....o her another son Hasan through Nasir, the son of Dost Mohammad. When Hasan went to the house of the proprietor in search of Tutul the proprietor and his other brothers demanded bangles from them and threatened them saying that they would realise the price of the bangles by way of selling the CI She......Farid Karim.......................Condemned prisoner‑Appellant in the appeal Vs. The State.....................Respondent Judgment February 19, 1992. Cases Referred To- Hasen Ali and another Vs. State, 38 DLR 235; Manjil Fakir Vs. The State, 17 DLR 64; Alhappa Coundan and others...... was produced before the Court after a lapse of 2 days, the confession cannot be said to be not voluntary unless it is found by positive evidence that the prisoner was made to confess out of torture, coercion or inducement. The learned Advocate cited the case of Naib Ali and others Vs. The State rep..Category: Criminal Law | Date: | Hits: 84
Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)
.... was found missing till his dead body was recovered in the “Son Khet” in decomposed condition on 26.9.1991. Besides, the other convict-appellants had enmity with the informant party and once they threatened to kill the informant and the members of his family which was heard by P.W.4 while he was......…………………………..Respondent Judgment March 26 & 27, 2011. Lawyers Involved: No one-For the appellants. Md. Selim, Deputy Attorney-General with Md. Ensanuddin Sheikh and Md. Nurul Islam Matubber, Assistant Attorney-Generals-For the State. Criminal Appeal No.2136 ...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ..Category: Criminal Law | Date: | Hits: 69
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....riminal case. Besides all these litigations these defendants had many other confrontations with the plaintiff at Kowkhali of which the remarkable one took place on 3.10.68. On that day, the plaintiff threatened the defendants with consequences by starting different litigations. The next incident too......ivision (Civil Appellate Jurisdiction) Present: Latifur Rahman J Anwarul Hauqe Chowdhury J Abdus Sobhan…………………......................Appellant Vs. Harekrishna Kundu and another............Respondents. Judgment September 1, 1988. Lawyers Involved: Abdus......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...Category: Civil Law | Date: | Hits: 89
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....tion of the judgment, thus: "The mere fact that the questions mentioned in instructions issued by this Court are not asked cannot be held to prove that the confession was the result of inducement, threat or promise though the Magistrate who fails to ask those questions will fail in the discharge ...... Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ..Category: Criminal Law | Date: | Hits: 74
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....her person. Thirdly‑By inducing any animal to move, to change its motion, or to cease to move." "Criminal intimidation" has been defined in section 503 of the Penal Code as below: "Whoever threatens another with any injury to his person, reputation or property, or to the person or reputat..........................Petitioner Vs. (1) AKM Obaidul Huq (2) The State............Opposite Parties. Judgment January 4, 1990. Cases Referred to- Aswani Kumar Das, 36 CWN 624; Dawmaya and another Vs. Emperor 38 CrLJ 918; Basanta Kumar Maiti Vs. Ken Ram Maiti, AIR 1953 page 393; Lal M......passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ..Category: Criminal Law | Date: | Hits: 59
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....fessional statements. Again the confessing accused made the statements under duress as they were made over to the police immediately after the making of their confessional statements. They were under threat that they would be sent back to the police in case they failed to make confessional statement...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....dges must not retaliate by a summary suppression of such criticism for they are bound by the command of the First Amendment. Any summary suppression of unjust criticism carries with it an ominous threat of summary suppression of all criticism. It is to avoid that threat that the First Amendment,...... in: 8 LG (AD) (2011) 122. ......g and the jury not having complied, the Judge recessed the Curt until the next morning. Again the jury balked at returning the instructed verdict. But finally it complied, stating that it acted under coercion of the court and against its conscience. 19. The petitioners were adjudged guilty of con..Category: Criminal Law | Date: | Hits: 124
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