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Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474......., Advocate, instructed by Md. Taherul Islam, Advocate-on-Record-For the Petitioner. Not represented - the Respondent. Civil Petition for Leave to Appeal No. 1956 of 2009. (From the judgment and order dated 05.07.2009 passed by the Administrative Appellate Tribunal in Administrative Appella......self admitted that he committed the offences as charged, however under the order and influence of the then Principal of the Institute and that according to the petitioner the mischief were done under coercion and compulsion and thus he admitted his guilt as an abettor. It further appears that the Ap..Category: Administrative Law | Date: | Hits: 192
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....family members of the Waqf and there is a provision in the Waqf deed that the successors of the Waqf are entitled to reside in the house of the Waqf property, now the suit property but the defendants threatened the plaintiffs-petitioners for ousting them from the suit property forcibly. 4. Defend......on accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...Category: Trust/Waqf Law | Date: | Hits: 187
....rnishing ships in time of national danger. Counsel for Hampden accepted that sometimes the existence of danger justify taking the subjects goods without his consent, but only in actual, as opposed to threatened emergency. The crown conceded that the subject could not be taxed in normal circumstances......on)
Present:
AHM Shamsuddin Choudhury J
Sheikh Md. Zakir Hossain J
Siddique Ahmed……………..Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, P.S.-Ramna and District-Dhaka and others.....Resp......em of social recognition.
60. The rule of Hart’s theory is the startlingly simple idea that law is a system of rules, structurally similar to the rules of games.
61. Kelsen, unlike Hart, puts coercion back into the centre stage of law. He said, “It follows that legal order may be character..
Category: Constitutional Law | Date: | Hits: 482
....1878 had been registered against him.
(b) The detenu along with his companion terrorists forcibly took possession of Nathullabad Bus Terminal and unleashed a reign of terror there. The detenu is a threat to public safety.
(c) The detenu is a dangerous person and on his being arrested public fe......3 of 2001.
Judgment
AK Badrul Huq J. - The detenu Md. Aftab Hossain is under Preventive Detention in Barisal District Jail. The detenu stood arraigned for offence punishable under section 19(a) and (f) of the Arms Act, 1878 in Kotwali Police Station Case No. 30 dated 20-7-2001. On the strength...... at liberty at once, if not required in any other case.
Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 266...
Category: Criminal Law | Date: | Hits: 39
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
.... 16. The decision of the Appellate Division reported in 45 DLR (AD) 89 is one of the celebrated decisions of the highest court of this country, involving a notorious and ferocious detenu, who was a threat to the Government, as well as to the civil society. Apart from his other criminal and prejudi...... Court High Court Division (Special Original Jurisdiction) Present: MA Aziz J Md. Shamsul Huda J Azimul Kabir (Md)……………..Petitioner Vs. Government of Bangladesh and others…………………. Respondents Judgment August 1, 2001. Cases Referred To- ......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....nez, Habel, Kabel, Motiar, Chanu, Habez assaulted him. Thereafter, Shamsu died at Sadar Hospital. In cross-examination he stated that people saw fun at the time of occurrence and the accused persons threatened when he and others tried to resist the accused persons. He also stated the he was in the ...... High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State……......................................Appellants Vs. Kabel Molla and ors………………………...Condemned Prisoners Judgment July 27, 2002. Cases Refe......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....g 5/6 bullet injuries on his hands and legs. The deceased's elder brother Azahar Ali Bhuiyan, sister's husband Altaf Hossain, Driver Monir, Sharif and Swapan saw the occurrence, The accused persons threatened them with death pointing firearms when they went forward to rescue the deceased. At the t...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J Quamrul Islam Siddiqui J State……………..Petitioner Vs. Al Hasib Bin Jamal alias Hasib and five others……………..Convicts (sentenced to death) Judgment August 22, 2007. Cas......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....0 from her parents and if that would not be given he would not accept her as his wife. The victim then went to the parents of the appellant but they also were in the decision of their son and further threatened that they would not accept the marriage and if she insists and discloses the matter then ......l with Md. Serajul Karim, Assistant Attorney-General—For the Respondent-State. Criminal Appeal No. 4045 of 2006. Judgment SM Dastagir Husain J.- The appeal is directed against the judgment and order dated 10-8-2006 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Tribunal and Special Se......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528...Category: Criminal Law | Date: | Hits: 44
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
..... 3. The prosecution case, in brief, is that at 5-00 PM on 15-2-2002 the four accused persons, armed with Hashua, chora, knife, etc. tied a 'gamcha' to the mouth of the victim, Mahima and upon threat to her life forcibly took her to the nearby sugarcane field and, after taking off her clothes......……. Condemned Prisoner-Appellant Vs. State…………………………………………………………. Respondent Judgment November 28, 2006. Cases Referred To- Dr. Jainand vs. Rex, AIR (36) 1949 Allahabad 291; SM Qamruzzaman vs. State 33 DLR 156; Balaka Singh vs. Stat......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...Category: Criminal Law | Date: | Hits: 35
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....y from the flat in question. 7. The petitioner requested the respondents to show paper and documents or notice in respect of their proposed eviction. After some time they left the place with a threat that they will come again. The petitioner on enquiry came to know that the flat in question h......an J Fida-ul-Huq……………………………………………………………………………………………….Petitioner Vs. Government of the People's Republic of Bangladesh and others…………..Respondents Judgment June 7, 2007. Cases Referred To- Sekander ...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480...Category: Property Law | Date: | Hits: 34
Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)
....ce with the provision of section 367 of the Code of Criminal Procedure and, as such, the same is liable to be set aside. Accused-appellant made a confessional statement out of police inducement and threat and, as such, the same cannot be treated as voluntary and true. Moreover, in recording the co......…………………….Respondent Judgment February 26, 2007. Cases Referred To- State vs. Khasru, 43 DLR (AD) 182; Shamsuddin Sarker vs. State, 11 DLR (SC) 365; Eradu and others vs. State of Hyderabad, PLD 1956 SC 286; Ismail Sarker and others vs. State, 33 DLR 320; ...... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ..Category: Criminal Law | Date: | Hits: 29
Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)
....vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......e Court High Court Division (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Abdul Mannan Sheikh (Md)………...Petitioner Vs. Soleman Bewa and others…………. Opposite Parties Judgment February 8, 2007. Cases Refer......ave entered; that she had independent and disinterested advice in the matter." 22. In Contract Act (Act IX of 1872), section 19 is as follows: "When consent to an agreement is caused by coercion, fraud or misrepresentation the agreement is a contract voidable at the option of the party..Category: Property Law | Date: | Hits: 26
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....ed Kajal Ahmed Jalali, Humayun Kabir @ Phool Mia, Ziauddin @ Bayes, Ibrahim Noor, Apu Abdul Mannan @ VP Mannan and Giasuddin Jalali started conspiracy to oust him from local politics and they used to threaten Shujan with dire consequences. As such, the victim Shujan had to lodge a GDE in 1996 agains......……………………..Petitioner Vs. Kajal Ahmed Jalali (absconding)…………….Condemned-Accused Judgment March 5, 2007. Cases Referred To- Bangladesh (State) vs. Paran Chandra Baroi, 6 BCR (AD) 225. Sharad Birhichand Sarda vs. State of Maharashtra, AIR 1984 Supreme Cour......thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345...Category: Criminal Law | Date: | Hits: 109
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
.... time of abduction the miscreants ordered his family members to arrange at amount of Taka 20,000 as subscription and also asked them that they would make communication through letter subsequently and threatened them of dire consequences and ordered not to disclose the incident to anybody. On getting......DLR (AD) 18; Dulal Howlader Vs. State, 48 DLR 269; 1986 BLD (AD) 283; 51 DLR 154; 53 DLR (AD) 1; 41 DLR 385; 35 DLR 5, 127; 10 DLR (SC) 29. Lawyers Involved: Farhad Ahmed with Dewan Abdun Naser and Fazle Rabbi, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-Gen....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ..Category: Criminal Law | Date: | Hits: 38
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....y took her in a hotel being introduced themselves as husband and wife. Thereafter petitioner forcibly committed illicit intercourse with her and that continued whole night and the petitioner held out threat to her that if she remonstrates, her face will be burnt by acid. On the following day she was......mmad Chowdhury, Deputy Attorney General — For the State. Criminal Miscellaneous No. 3642 of 2001. Judgment Altaf Hossain Khan J.- This Rule issued at the instance of the convict-petitioner and, Delower Hossain @ Bhuiya calling upon the Commissioner Narayanganj to show cause as to why the ......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ..Category: Criminal Law | Date: | Hits: 37
State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)
....-examination, is that they did not commit the offence as alleged by the prosecution and they have been falsely implicated in this case and the confessional statements have been extracted from them by threat, intimidation and police torture. 4. PW 1 is Md. Moizuddin. He is the informant of the cas......………Appellant Vs. Rafiqul Islam alias Gadan ....................Condemned Prisoner Judgment November 6, 2002. Cases Referred To- State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 29 DLR (SC) 271; Rustam Ali and others Vs. State, 1989 BLD 477; Md Akbar Ali Vs. State, ......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ..Category: Criminal Law | Date: | Hits: 38
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....citizen of Bangladesh and is a practicing Advocate in the High Court Division of the Supreme Court of Bangladesh. By this petition he seeks to protect his fundamental right and that of other citizens threatened to be violated by calling and observing “hartal” on 18-4-99 as in the past, and for a......sh Elahi……………. Petitioner Vs Government of the People’s Republic of Bangladesh……… Respondents Judgment October 25, 2000. Cases Referred To- Bharat Kumar K Palicha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Te......ies and avocations, and, as such, the calling of hartal ought to be declared illegal. It is stated that during the observance of hartal the police force does not take any step to prevent violence and coercion and citizens are forced to remain indoors for fear of their life. The petitioner submits th..Category: Constitutional Law | Date: | Hits: 216
Md. Ali Haider & Ors. Vs. State and others, 1987, 16 CLC (HCD)
....ge this witness was declared hostile by the prosecution. He stated in his cross-examination that he has been ferrying in that ghat for last 10/12 years. He denied the alleged incident that he was threatened by Darog Ali at the point of pistol to ferry back his boat and that those five persons we...... Seraj alias Shepi..................Appellant Vs. The State...................Respondent(Criminal Appeal No.113 of 1985) Judgment November 25, 1987. Case Referred to- Zamir Hussain and ors. vs. The Crown, PLD 1949 Lahore page 170. Lawyers Involved: Serajul Huq with Abdul Mal...... the charge. They shall be set at liberty forthwith if not wanted in connection with any other case. Amin-ur-Rahman Khan J. – I agree Ed. This Case is also Reported in: 40 DLR (1988) 97. ..Category: Criminal Law | Date: | Hits: 30
State Vs. Mizanul Islam alias Dablu & another, 1987, 16 CLC (HCD)
....im Nurul Islam. He stated in his evidence that Dablu was a worker of the Ice Factory of Khondker Nurul Islam (P.W.4) and on one occasion after being dismissed from service, appellant Dablu held out threat in his presence and others that he would take revenge for being removed from job. He further ......Complainant (Informant) Vs. Mizanul Islam alias Dablu & another……………………….Opposite Party (Appellant) Judgment May 11, 1987. Result: The Reference is accepted and the death sentence is hereby confirmed. Lawyers Involved: Kaiseruddin Ahmed, Deputy Attorn......s hereby set aside and he is set at liberty forth with if not wanted in connection with any other case. D.M. Ansaruddin Ahmed J. -I agree. Ed. This Case is also Reported in: 40 DLR (1988) 58...Category: Criminal Law | Date: | Hits: 61
....even) witnesses. The petitioner had to file a petition before the trial Court about the brutal attack upon the informant SM Zillur Rahman and P.W.5 GM Anwar in the Court on 14-5-98. Due to persistent threat by the accused persons on bail to the P.Ws not to come nor to depose in the case, the petitio......pecial Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
M A Aziz J
Borhan Uddin (Md), Advocate………………………..Petitioner
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………Respondents
Judgment
June 29, 1999.
Case Refe......val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81...
Category: Employment/Service Law | Date: | Hits: 108
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