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M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)
....ormal longevity of an ordinary human being endangered by the use or possibility of use of any, contaminated foods, etc then it can be said that fundamental right of right to life of a person has been threatened or endangered. In that case it was further observed that State is bound to Police protect...... Case is also Reported in: 55 DLR (2003) 1. ......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..Category: Environmental Law | Date: | Hits: 259
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....s a minor at the time of making the confession. He denied the suggestion that the accused was beaten by the police and the confession was recorded as tutored by them and that the same was obtained by threat. He denied that the confession was not voluntary and true. He admitted that the accused subse.................................. Petitioners Vs. Md. Roushan Mondal @ Hashem ……………..Condemned Prisoner Appellant Judgment July 9, 2006. Cases Referred To- Bangladesh Legal Aid and Services Trust and another vs. Bangladesh & others 7 BLC 85 = 2002 BLD 206; Md. Shamim vs. S......pressed by us in this judgment. Send down the lower Court's records along with a copy of this judgment at once. Ed. This Case is also Reported in: 59 DLR (2007) 72, 26 BLD (HCD) (2006) 549. ..Category: Criminal Law | Date: | Hits: 167
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
.... the learned Advocate submits that the confessional statement of this accused-appellant is not at all true and voluntary inasmuch as the same has been obtained by police by way of inhuman torture and threat. 14. Lastly, Mr. Karim most emphatically submits that it is well settled that if the c......ted in: 59 DLR (2007) 17. ......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ..Category: Criminal Law | Date: | Hits: 45
Jugal Kumar Das (Shovon Ahmed) Vs. State, 2004, 33 CLC (HCD)
....ngness but on insistence she boarded on the rickshaw along with him and went with him. From her statement we do not find that there was any element of force applied on her or Jugal Kumar Das gave any threat or for that matter she raised any disagreement. So, we can decide the victim went with Jugal ..............…………………………….….Respondent Judgment October 30, 2004 Lawyers involved: Shareef Ahmad, Advocate—For the Appellant. SM Aminur Rahim Chandan, Assistant Attorney-General—For the State. Criminal Appeal No. 195 of 1998. Ju...... of such improper Judgment. Let a copy of this judgment along with the LC records be sent to the concerned Court immediately. Ed. This Case is also Reported in: 59 DLR (2007) 11. ..Category: Criminal Law | Date: | Hits: 40
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....ve in a joint mess with his eldest son deceased Babu Mollah some time prior to the occurrence and since then accused Badsha Mollah nourished grudge against deceased Babu Mollah and very often used to threat him with dire consequences for depriving him from the enjoyment of the property of his fath......e water, while he was coming back home he raised alarm saying 'Abdul Khaleque, Abdul Khaleque'. Hearing this alarm the informant Md. Roisuddin, P.W. 1 went to the place of occurrence from his house and saw the dead body of deceased Babu Mollah with cut injuries on his throat. After a while accus...... set aside. We direct that the condemned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...Category: Criminal Law | Date: | Hits: 42
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....he detenu from his house out of enmity and grudge and implicated in a false and fabricated case. On 27-12-98 the said sub-inspector Alauddin Miah came to the residence of the father of the detenu and threatened him of implication in several cases if he filed any complaint against the said sub-inspec......ase is also Reported in: 4 BLC (1999), 600. ......Police in our country but their discredits in present days are overshadowing the image, dignity, efficiency and credibility of the Police as the involvement of the Police in the incidents of torture, coercion, terrorism, harassment, extortion and even some time looting by putting barricade and plund..Category: Criminal Law | Date: | Hits: 106
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....56 dated 11-9-2000 all in the same language claiming payment of VAT due to fixation of price from August 95 to May 1997 as per letter dated 14-7-1997 of the Respondent No.1 thereby creating immediate threat to close down the factory and to detain the commodities i.e. mosquito Coils Manufactured by t...... Division (Special Original Jurisdiction) Present: Md. Fazlul Karim J Md. Abdul Wahhab Miah J Oram Limited………………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: ......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....ng, Shariatpur is forged, fabricated and void. Plaintiff’s case in short is that the plaintiffs inherited the suit land and while they were enjoying the same the defendant No.1, present petitioner, threatened them to dispossession on the plea that they had purchased the same from Abdul Majid Sab......Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Joynal Abedin………………………………….Petitioner Vs. Ali Azam Saibal and others………………Respondents Judgment January 7, 2010. Lawyers Involved: Zai......t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590...Category: Property Law | Date: | Hits: 21
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....nt Primary School is not comprehensible. It is the personal choice of a woman to wear veil or to cover her head. Any such attempt to control a woman's movement and expression and further in this case threatening the teacher concerned for her failure to do so is clearly a violation of her right to pe...... Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syeda Afsar Jahan J Advocate Md. Salahuddin Dolon…………….Petitioner Vs. Government of Bangladesh and Others…………..Respondents Judgment April 8, 2010. Result: The Rule is dispose......ommendation 19 as "violence directed against a woman because she is a woman or which affects women disproportionately. It includes physical, mental, or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty." 19. General recommendation 19 also deals with specif..Category: Constitutional Law | Date: | Hits: 201
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....dge), Kachua, Chandpur by which Title Suit stood dismissed on allowing Miscellaneous Case is void and not binding upon plaintiff taking ground that solenama was executed by plaintiff-petitioner under threat and coercion by present defendants-opposite parties. Said Title Suit No.72 of 1985 was decree......53 DLR (2001) 284.......a, Chandpur by which Title Suit stood dismissed on allowing Miscellaneous Case is void and not binding upon plaintiff taking ground that solenama was executed by plaintiff-petitioner under threat and coercion by present defendants-opposite parties. Said Title Suit No.72 of 1985 was decreed ex parte ..Category: Procedural Law | Date: | Hits: 83
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ......7; State Vs. Lalu Miah 1987 ILD (AD) 212; Hazrat Ali Vs. State 42 DLR 177; Nannu Gazi Vs. Awlad Hossain 43 DLR (AD) 63; Salauddin Vs. State 32 DLR 227; State Vs. Abdur Rashid 35 DLR 195; State Vs. Purandhar Roy Joydhar 31 DLR 312; Nowsher Mi Sarder Vs. State 39 DLR (AD) 194. Lawyers Involved:......de of Criminal Procedure and his attention was not drawn to the incriminating materials that the confessional statement made by the accused appellant was not true and voluntary and it was obtained by coercion and torture and the legal formalities were not observed in the recording of confessional st..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....of the bulk of the consideration and, according to section 55 of Contract Act, time is not an essence of the contract and he was not obliged to file his suit earlier since his such possession was not threatened by anybody. Only when the defendant No.1 refused to execute and register the deed even af......3 DLR (2001) 262....... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262...Category: Civil Law | Date: | Hits: 94
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....cross anybodies mind but certain provision were made in the Factories Act, 1965 (Act No. IV of 1965) rather as a precautionary measure against possible industrial accidents than as a deterrent to any threat of pollution. Chapter III provides for health and hygiene in a factory. Section 13 under the ...... Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Program), representing Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. Vs. Bangladesh and others ………..Respondents. Judgment July 15, 2001. Cases Referred to- Peoples U......enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ..Category: Environmental Law | Date: | Hits: 345
..... Justice Md Ruhul Amin have been arbitrary and malafide which has adversely affected the independence of the Judiciary, the Bar, the litigants, the lawyers and the feelings of the community and this threat is real. It is asserted that the right to equal justice, equal protection of law and the due ......in: 55 DLR (2003) 332.
...... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
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Category: Constitutional Law | Date: | Hits: 126
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
.... the same as a whole. It is submitted that such a statement is really painful, unfortunate, unhappy, and unpalatable and prima facie appears to be highly objectionable and contemptuous because it had threatened and shaken the very confidence of the people upon the judiciary as a whole. 9. It ......r Edward Snelson Vs. Judges of the High Court, PLD 1961 (SC) 237; MH Kharidakar Vs. the State, 18 DLR (SC) 124; Habibul Islam Bhuiyan, 51 DLR (AD) 68; MH Beg, CJ Vs. R Krishna Ayar, AIR 1978 (SC) 727 and Gudi Kanti Narasimbule Vs. Public Prosecutor, AIR 1978 (SC) 429; Andre Paul Terence Ambard Vs. t...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..Category: Criminal Law | Date: | Hits: 49
....ther appears that the petitioners ignoring the letter of respondent No.4 continued to stay in his house and made unauthorised construction by cutting down the trees and the respondent No. 4 was given threat to his life by the petitioners and for which he (owner of the house) had to file a GD entry o......
......ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
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Category: Property Law | Date: | Hits: 31
....nts is merely on surmise and anticipation having no basis at all. The allegation of not allowing any people to visit any inmates of the vagrant homes at Gazipur or that the situation as created was a threat to the security of the said centre cannot be said to be a refusal of fundamental right of the.......
......Police in our country but their discredits in present days are overshadowing the image, dignity, efficiency and credibility of the police as the involvement of the police in the incidents of torture, coercion, terrorism, harassment, extortion and even sometimes looting by putting barricade and plund..
Category: Constitutional Law | Date: | Hits: 264
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....s may be necessary in some jurisdictions to deal with corrupted practices; (b) laws allowing for the recall of members during their elected term should be viewed with caution, as a potential threat to the independence of members; (c) the cessation of membership of a member's seat. ...... Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament Secretariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 1999......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
....tiary value against the accused person and can not be used against him, at the time of trial. Under section 163 of the Code, a police officer is barred from offering any inducement or from making any threat or promise to any accused while recording his statement under section 161of the Code. So, we ......3.
......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
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Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....er alia, they did not enter into any such agreement nor did they exchange their properties and that the exchange deed is fraudulent and powers of attorney are collusive and were vitiated by coercion, threat and intimidation. Shibulal Tanti also filed Title Suit No.27 of 1971 in the 1st Court of Su....... ......nding, inter alia, they did not enter into any such agreement nor did they exchange their properties and that the exchange deed is fraudulent and powers of attorney are collusive and were vitiated by coercion, threat and intimidation. Shibulal Tanti also filed Title Suit No.27 of 1971 in the 1st C..Category: Property Law | Date: | Hits: 29
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