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Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....plaintiffs and proforma defendant Nos.39-47. In the manner as stated the plaintiff and his co-sharer were owning and possessing the suit land. Defendant No.1 by claiming the suit land of his own gave threat to dispossess the plaintiff from the suit land which constrained the plaintiff to file a titl......J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Md. Fazlul Haque……………………………....Petitioner Vs. Abdul Malek alias Maya Miah and another…….......Respondents Judgment November 12, 2009. Lawyers Involv......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ..Category: Property Law | Date: | Hits: 29
....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 Sub......(ADC) (2010) 113; 7 LG (AD) 2010, 5.
......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 Co..
Category: Property Law | Date: | Hits: 43
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....pearing in the agreement dated January 23, 1978 (Ext.1) appears to have been given "in normal hand" and that signature in the agreement dated January 23, 1978 "was not put under threat or coercion or application of force", that Ext. A claimed to be original of the first a...... Md. Tafazzul Islam J Md. Hassan Ameen J Ahmed Hossain Khan…......................................................Appellant Vs. Mosammat Hamida Begum Chowdhury and another…..........Respondents Judgment April 5, 2007. Lawyers Invo...... the agreement dated January 23, 1978 (Ext.1) appears to have been given "in normal hand" and that signature in the agreement dated January 23, 1978 "was not put under threat or coercion or application of force", that Ext. A claimed to be original of the first agreem..Category: Property Law | Date: | Hits: 100
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... President from Col. Shafayet Jamil, how a Police Officer of the local Police Station driven out the P.W.1 A.F.M. Mohitul Islam with filthy language refusing to record F.I.R. from him apprehending threat on his life and service, which came true shortly with the passing of the Indemnity Ordinacne......inal.’’ ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ..Category: Criminal Law | Date: | Hits: 229
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
....ion convicted the petitioner on the basis of the confessional statement of the petitioner which is not voluntary and true. The petitioner made a confessional statement out of police inducement and threat and as such, the said confessional statement cannot be treated as voluntary and true; that i......idash Paul, Advocate-on-Record-For the Petitioner. None represented-For the Respondent. Criminal Petition for Leave to Appeal No. 490 of 2007. (From the judgment and order dated the 26th day of February, 2007 passed by the High Court Division in Criminal Appeal......ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ..Category: Criminal Law | Date: | Hits: 52
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
....rs to delay the finalization of the aforesaid title execution case, that Ganga Banshi was not the owner of the suit schedule land and the same was not sold to the petitioner. The defendant did not threaten the petitioner's to dispossess them from the suit schedule land and prayed for dismis......d. Abdul Matin J Md. Abdul Aziz J Abdul Gafur being dead his heirs, Md. Mujibur Rahman………………….Petitioner Vs. Mariom Bibi and others…..................................Respondents Judgment March 12, 20...... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ..Category: Property Law | Date: | Hits: 25
Dr. Md. Abdul Jalil Sarder Vs. Selina Akhter, 2008, 37 CLC (AD)
....by influence. The High Court Division also held that the trial Court and the appellate Court concurrently held that the plaintiff miserably failed to prove that he put his signature under threat and coercion on the Kabinnama. The High Court Division further held that the concurrent fin......ate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 585 of 2006. (From the judgment and order dated 02.02.2006 passed by the High Court Division in Civil Revision No.2196 of 1990.) ......e. The High Court Division also held that the trial Court and the appellate Court concurrently held that the plaintiff miserably failed to prove that he put his signature under threat and coercion on the Kabinnama. The High Court Division further held that the concurrent findings of fa..Category: Family Law | Date: | Hits: 169
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......ohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Malek Mollah..................................Appellant Vs. Md. Abdul Salam Moral and another............Respondents Judgment April 15, 2009. Cases Referred To- ......bearer and also handed over a table fan, tape recorder for raising fund by sale of those items and the wife was also taken to the place, where the defendant was confined, and that under duress and coercion the plaintiff and his men took his signatures on 11 stamp-papers, of which three were of d..Category: Property Law | Date: | Hits: 34
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ...... Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Moudud Ahmed and others..........Appellants Vs Md Anwar Hossain Khan (dead) and others…&he......s of the Parliament for fulfillment of the demand for bringing a bill for Caretaker Government by the Government and thus said act of the respondents and their members in the Parliament is clearly coercion, malafide, illegal......", that the respondents and their members in the Parliament &..Category: Constitutional Law | Date: | Hits: 147
State Vs. Abul Kashem, 1985, 14 CLC (AD)
....early shows that the hut in which the ten accused persons were screaming and shouting in a drunken condition stands on a public street and that their menacing gestures and shouting did constitute a threat to the passengers in the street. To appreciate this point and for the purpose of correct in...... the sentence is awarded, in default of payment of fine, the Court can award sentence of Imprisonment for the period as prescribed by law, for such amount of default in payment under section 31(1) and 33(1) of the Code of Criminal Procedure……..(7) Lawyers Involved: A.W...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
....ndent No. 1 to resume duties by 25.9.71, Annexure-"Uma" which is the letter of the respondent No. 1 intimating the authorities in Pakistan about his inability to resume duties due to threat of the freedom fighters and praying for permission to join at Gazipur Ordinance Factory to ......55. ......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ..Category: Administrative Law | Date: | Hits: 103
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....;tion the plaintiff was asked to undertake some non scheduled construction for reasons beyond the control of the plaintiff and the plaintiff has to complete this non-scheduled construction on being threatened by the appellant which work was not mentioned in the contract and the respondent had to......ellant Vs. M/s Zakir Construction & Co........Respondent Judgment November 27, 2000. Case Referred to- Bangladesh Agricultural Development vs. Kibria and Associates Ltd. 46 DLR (AD) 97. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Ad......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..Category: Civil Law | Date: | Hits: 89
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ....... Government of Bangladesh...................Respondents Judgment November 15, 2007. Civil Petition for Leave to Appeal No. 1559 of 2005. (From the judgment and order dated 24-8-2005 passed by the High Court Division in Writ Petition No. 2279 of 2001). ......peration, the property could not be treated as abandoned property and the learned High Court Division were wrong in holding the same as and abandoned property; that the petitioner under duress and coercion acted in a most silly way without realising that her application to the respondent No. 4 w..Category: Property Law | Date: | Hits: 23
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
.... took over possession of the suit market in clear violation of the order for status quo passed by the trial Court and have been in occupation of the market upon realising rents from the tenants on threat and duress on and from 1-10-2003. The plaintiff accordingly, prayed for an order on the defe......Mudassir Husain CJ Mohammad Fazlul Karim J A Kabir Chowdhury J Md. Joynul Abedin J Abdul Baki and others..................Petitioners Vs. Farooque Ahmed………&he......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ..Category: Property Law | Date: | Hits: 25
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....victim on 01.09.2000 as alleged by the prosecution and the victim might have been killed by other persons. The convicted accused persons have been compelled to make confessions by police under threat, duress and torture. Accused Minarul and other accused persons were not in any w...... Lawyers Involved: Helal Uddin Mollah, Advocate-For the Petitioners. Zahirul Hague Zahir, Deputy Attorney General-For the Respondent. Jail Petition for Leave to Appeal Nos. 07 and 08 of 2005 (From the judgment and order passed by the High Court Division in Death Refer......d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ..Category: Criminal Law | Date: | Hits: 33
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
.... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ......n: V ADC (2008) 605. ......Suit No. 220 of 1967, which was subsequently renumbered as Title Suit No. 99 of 1977, for cancellation of Sale Deed No. 4979 dated 22.12.1963, which was obtained from them by intimidation and coercion by Kazi Abdul Halim a police officer, showing transfer of portion of the suit land to..Category: Property Law | Date: | Hits: 24
Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 519. ....... Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No.2. Civil Petition for Leave to Appeal No. 757 of 2005. (From the judgment and order dated 09.05.2005 passed by the High Court Division in F. A. No. 114 of 2000.) Judg......a. It is also not his case that his signatures on the affidavit in question confirming oral gift of first floor of the building in question in favour of the defendant No.1 was obtained by duress or coercion and the plaintiff also did not adduce evidence to prove such plea. 8. Thus it is cl..Category: Property Law | Date: | Hits: 20
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
....s the plaintiffs and thereupon plaintiffs filed case in the Court of Magistrate under Section 144 of the Code of Criminal Procedure, that defendants held threat to the plaintiffs to dispossess them from the land in suit on May 11, 1999 and that plainti......ate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Alauddin and others..........Petitioners Vs. Abdul Hakim and others ......Respondents ......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ..Category: Property Law | Date: | Hits: 19
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
....e brick fileds; on 06.12.80 the defendants stooped the trucks of the plaintiffs carrying bricks and other materials and demanded payment of Tk. 5,000/ and on refusal of payment, the defendants threatened to block the road and hence the suit. The Government of Bangladesh, the defendants ...... Present: Md. Ruhul Amin J Md.Tafazzul Islam J Government of Bangladesh, represented by the Deputy Commissioner, Sylhet ........Petitioner Vs. Abdul Aziz and others……..........Respondents Judgment April 9, 2006. Lawye...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ..Category: Property Law | Date: | Hits: 19
Saiful Islam Shaikh and another Vs. State, 2007, 36 CLC (AD)
....e, time, place and in the manner as alleged by the prosecution and they have been falsely implicated in the case out of enmity and the police extracted confession from the accused petitioners under threat and torture. 6. The learned Sessions Judge, on consideration of the evidence and mate...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Joynul Abedin J Saiful Islam Shaikh and another…….....Petitioners Vs. The State, represented by the De......h as the conviction has iwyers been solely based on the confessional statements which were not true and voluntary as they were not only retracted but they were also extracted under duress and coercion. It is also urged that the judgment of conviction is a product of non-appreciation an..Category: Criminal Law | Date: | Hits: 32
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