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Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
....en the defendant No. 1 was returning home from Gandrapa Nazrul Islam, son of late Newaz Ali and Matiur Rahman, son of late Jamshed Ali, the relatives of plaintiff, confined him in a house and under a threat of death compelled him to get Kabinnama executed and registered by obtaining his signature th......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Mir Hashmat Ali J Jashimuddin (Md.) alias Md. Jashimuddin………..Defendant-Petitioner Vs. Dali Begum and another ………….......................Plaintiff Opposite Parties Judgment November 15...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ..Category: Family Law | Date: | Hits: 186
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....cutrix in good faith went to the room of accused‑appellant. Accused‑appellant caught hold of prosecutrix and threw her on bed and raped her forcibly against her will at dagger's point holding out threat that in the event of her raising alarin and offering resistance she would be snuffed out. Pro......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:......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
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....t there is another provision, which stands on the way which is section 343 of the Code. This section provides that except as provided in sections 337 and 338, no influence, by means of any promise or threat or otherwise, shall be used on an accused to induce him to disclose or withhold any matter wi......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......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
....b-Divisional Engineer and Sectional Officer to prepare unauthorised bills and to make payment thereof to some local contractors, who are terrorists and local reputed goondas. The said terrorists even threatened to kill the officers and their family members, if their illegal bills are not paid. To sa......Abdul Matin J
Mainul Haque (Md.)………………….Petitioner
Vs.
Secretary, Ministry of Water Resources, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat Dhaka and others………Respondents
Judgment
October 26, 1998.
Case Referred To-
Mir Alauddin......ommit any offence and further stated that the alleged estimates were made by the petitioner on the verbal order of the Sub-Divisional Engineer, who was bent down to do so and prepared estimate out of coercion and intimidation of some unruly local contractors, and submitted the same to the Sub-Divisi..
Category: Employment/Service Law | Date: | Hits: 72
Abu Jamal and others Vs. State, 1998, 27 CLC (HCD)
....hi and knife started beating Mokles who fell down in the water. Thereafter those persons dragged Mokles and took him into their boat. PW 1 Salahuddin requested them not to beat his brother but he was threatened with dire consequences. PW 1 recognised accused appellants Abu Jamal, Wahid Miah and accu......y affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ......Jamal and Wahid alias Wahid Miah are concerned and the judgment and order of conviction and sentence against them are hereby affirmed. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 57. ..Category: Criminal Law | Date: | Hits: 55
KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)
....e President, but decline of the offer resulted in their arrest and confinement in Dhaka Central Jail on 23-8-1975. The charge-sheet further mentions that considering these four political leaders as a threat to the survival of the Moshtaque Government, the accused persons entered into a criminal cons......al Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51...Category: Criminal Law | Date: | Hits: 46
Syed Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)
...., influenced by any observation made by us and he will unhesitatingly reach his own conclusion on the evidences and materials on record. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 43....... in: 51 DLR (HCD) (1999) 43.......4 of the Code of Criminal Procedure it is also seen that the said confession was not retracted. No allegation was made by the accused Abdul Khaleque that the confession was obtained under torture and coercion. No suggestion was offered that the same was not free and voluntary. In the examination und..Category: Criminal Law | Date: | Hits: 42
State Vs. Babul Miah, 2010, 39 CLC (AD)
....ly from the person committing offence. However, in the process of proof of an alleged confession the Court has to be satisfied that, it is voluntary, it does not appear to be tainted with inducement, threat or promise. In this case as noticed P.Ws.3, 4, 6 and 7 made different versions about the admi......que, Additional Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Ex-prate- For the Respondent. Criminal Appeal No. 20 of 2001. (From the judgment and order dated 30.5.1995 passed by the High Court Division in Death Reference No. 20 of 1992 heard ......al. The appeal is, therefore, dismissed. The accused respondent is discharged of his bail bond. This Case is also Reported in: 16 MLR (AD) (2011) 35, 7 LG (AD) (2010) 203, VIII ADC (2011) 66...Category: Criminal Law | Date: | Hits: 58
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....he previously agreed started creating pressure on defendant No. 2 bank for the payment of technical fees. In view of the defendant No. 1’s persistent pressure and in the face of defendant No. 2’s threat that it would pay to the defendant No. 1 the fees as per the terms of the export LC, the plai......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Tafazzul Islam J AHM Shamsuddin Chowdhury J SM Fazlul Haque …..Appellant Vs. Salahuddin Ahmed and another.................Respondents Judgment July 25, 2001. Cases Referred To- Ang......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..Category: Civil Law | Date: | Hits: 164
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....y and if this type of pre-emption is allowed under the Mohammedan Law, then the usual transfer of flat of multistoried building as well as land of Dhaka Metropolitan City will be put under tremendous threat, multiplicity of litigation, etc. However, sitting under revisional jurisdiction, I am refrai......ision (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Md. Sharif Hossain……………………………………..Plaintiff-respondent-petitioner Vs. Md. Abdul Jalil and another…………………Defendant-appellant-opposite parties. Judgment October 19, 200......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744...Category: Property Law | Date: | Hits: 39
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ereof on 23.10.1981 and that the defendant forcibly disposÂsessed the plaintiff by evicting his careÂtaker from the suit land on 12.03.1993 with the help of miscreants and that the caretaker, being threatened on his life by the defendant, did not inform the plainÂtiff about said dispossession at ......hah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Nurun Nobi ............................Petitioner Vs. Khondaker Moklesur Rahman and others………………Respondents Judgment May 20, 2010. Lawyers Involved: Abdus S......ition to interÂfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917...Category: Property Law | Date: | Hits: 31
Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)
.... while he was sitting in his decorator shop, the accused/petitioner along with 3/4 others came there and demanded Tk. 5000/- as "chanda" and when he refused to pay the same, the petitioner and others threatÂened that in case of his failure to give "chanda" they will close his business and they befo......Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 30.6.2009 passed by the High Court Division in Criminal Appeal No. 3514 of 2003). ...... on record dismissed the appeal and there is no cogent reason to call for any interÂference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888...Category: Criminal Law | Date: | Hits: 31
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... as a tenant in the suit land and obtained a collusion decree on 02.05.1989 on suppressing the notice. On 19.07.1989 Rabeya Khatun came to know about the said collusive sole-decree. Defendant Nos.7-9 threatÂened to disposes the plaintiff from the suit land and hence the suit. 3. The defendant No...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Rabeya Khatun being dead her heirs; Md. Harun-Or-Rashid Talukder and others ….....Petitioners Vs. Sheikh Ashraful Islam and others……………........Resp...... above, we find no subÂstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ..Category: Property Law | Date: | Hits: 33
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481.......¦â€¦â€¦.Opposite Party Judgment March 23, 2002. Cases Referred To- Bashirrullah Munshi vs. Abdul Bari Bepari, 21 DLR (Dhaka) 183; Arifa Begum vs. Khalique Mohammad Naqvi, 21 DLR (WP) 209 and Golam Akhtar Chowdhury vs. Administrator of Waqf and others, 36 DLR 56. Lawyers Involved: ......ourt of Subordinate Judge at Dhaka against opposite party No. 1 and others for declaration that the ‘kabinnama’ dated 24-1-1999 executed by him and opposite party No. 1 is fraudulent, obtained by coercion and as such, not binding on him and that opposite party No. 1 is not his wife. Then, on 19-..Category: Family Law | Date: | Hits: 185
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
....he confession, whether it is made out of repentance or for any other such good reason or whether it is the result of torture or tutoring by somebody or whether it has been caused by any inÂducement, threat or promise. The questions put by the Magistrate and the answers given by the accused furnish ......Md. Shahjahan, Advocate-For the State. Criminal Appeal No. 307 of 1983 Judgment Bimalendu Bikash Roy Chowdhury J.- This appeal is at the instance of one Md. Azad Sk. against his conviction and sentence passed by Mr. Hasan Ameen, Additional Sessions Judge Court No. 2, Bogra, in Sessions Ca......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62...Category: Criminal Law | Date: | Hits: 31
Abdul Mukit Chowdhury Vs. The Chief Election ComÂmissioner & others, 1988, 17 CLC (HCD)
....dent No. 7 to sign a false declaration of the results. The Presiding Officer wrote a report statÂing that he could not count the ballots at the Centre and he was forced to sign the result sheet upon threat and intimidation. The Returning Officer of the UpaÂzila by his Memo, dated 13-2-88 addressed......School Station for the election of Chairman of No. 1 Ali Nagar Union Parishad within Upazila Beani Bazar, District Sylhet or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner's case in short is that he along with respondent Nos. 5-8 contested......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57...Category: Election Law | Date: | Hits: 119
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
....o take the money. At about 9-30 PM on 31-1-1997 the informant was coming back home from Magura Town and when he came near a garden at Barunatoil the miscreants suddenly swooped upon him under instant threat of life and demanded the toll money and forcibly took away Taka 5,000-00 from him and asked h...... Ed. This Case is also Reported in: 54 DLR (2002) 464........ The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464...Category: Criminal Law | Date: | Hits: 28
....issued in the name of the petitioner’s late husband asking him to vacant possession of land claiming the same as Railway property within 7 (seven) days from the date of serving of the notice with a threat that necessary action will be taken against husband. Besides, the respondent No. 1 is attempt......48.......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 54 DLR (2002) 448...
Category: Property Law | Date: | Hits: 22
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....girchar Police Station and other places of Dhaka City making the life of the people including businessmen insecure and public security is being endangered by his (detenu) illegal acts which is also a threat to maintenance of public order. He further contends that the presence of the detenu and, acco......is Case is also Reported in: 54 DLR (2002)392.......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392...Category: Criminal Law | Date: | Hits: 22
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....Upazila Magistrate Mr. Anil Kumar Chakraborty. Learned Advocate argues that in police custody during the period from 24‑10‑89 to 26‑10‑99 the convict-appellant Zakir was subjected to torture, threat and coercion by the police and thereafter Exhibit 2 was obtained from him. He contends that E...... Ed. This Case is also Reported in: 55 DLR (2003) 137.......istrate Mr. Anil Kumar Chakraborty. Learned Advocate argues that in police custody during the period from 24‑10‑89 to 26‑10‑99 the convict-appellant Zakir was subjected to torture, threat and coercion by the police and thereafter Exhibit 2 was obtained from him. He contends that Exhibit 2 wa..Category: Criminal Law | Date: | Hits: 34
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