Search Options

Judgment Advanced Search

Displaying 341-360 of 419 results.

Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)

....ns on 13-06-1986 attempted to dispossess the appel­lant from the land in suit. Although the attempt was unsuccessful due to inter­vention of the local people yet the respondent continued to threat to dis­possess the petitioner from the land. 3. Respondent contested the suit by ......ad Fazlul Karim J Amirul Kabir Chowdhury J Shaikh Md. Asad Hossain...........Appellant Vs. Maulana Md. Abdur Razzaque Chisty being dead his heirs: 1. Mommat Hasina Begum and others...........Respondents Judgment August 26, 2005. Lawyers Involved: ......Division. In the result, we find no merit in this appeal. Accordingly, this appeal is dismissed without any order as to cost. Ed. The Case is also Reported in: IV ADC (2007) 952. ..

Category: Property Law | Date: | Hits: 24

Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)

.... on record as would satisfy a reasonable person to justify the order of detention." 5. As regards the impugned order of detention it was observed: "The Government was apparently antici­pating threat to public safety and public order not from the detenu but from the stu­dents in case of thei......l Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Hassan Ameen J Bangladesh repre­sented by the Secretary Ministry of Home Affairs and another ………………Appellants Vs. Mostafizur Rahman …………………………â......udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ..

Category: Procedural Law | Date: | Hits: 107

Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)

...., knife, chain, pistol-etc. in their hands entered into P.O. house through the back door. Accused Aminur Rahman and Shirajul with daggers in their hands entered into the bed room of the victim and threatened her. Accused Aminur Rahman first committed rape on her forcibly after making her undress......sp;                   Criminal Petition for Leave to Appeal No.252 of 2005 (From the judgment and order dated 18.04.2005 passed by the High Court Division in Criminal Appeal No.2513 of 2003). ...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ..

Category: Criminal Law | Date: | Hits: 61

Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)

....ere is nothing against the accused-petitioner connecting him with the alleged snatching away of the dollars in question and the alleged confession by the accused-petitioner has been obtained under threat, coercion and physical torture and the same was retracted by the accused-petitioner but the...... Advocate-on-Record- For the Petitioner     None represented- For the Respondent Criminal Petition for Leave to Appeal No. 221 of 2006. (From the judgment and order dated the 31st January, 2006 passed by the High  Court Division in Criminal Appeal ......othing against the accused-petitioner connecting him with the alleged snatching away of the dollars in question and the alleged confession by the accused-petitioner has been obtained under threat, coercion and physical torture and the same was retracted by the accused-petitioner but the learned..

Category: Criminal Law | Date: | Hits: 40

Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)

....hrough the respondent No. 1, that the informant was having negotiation with him regarding transaction of money but since he was not paid by the informant in accordance with his demand he continued to threaten them and created various obstructions through the direct involvement and assistance of the ...... Present 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 Government of Bangladesh and another..........Appellant Vs Sheikh Hasina and another..........................Respond......y misconceived and against public interest and the Writ Petition is not maintain­able. 15. In the Supplementary Affidavit-in-Opposition, the Government denied the allegations of "duress, threat, coercion and intimidation" in obtaining the confessional statement from Sheikh Fazlul Karim and asse..

Category: Civil Law | Date: | Hits: 254

Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)

....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Sarder Md. Hashim Zaman and others.........Appellants Vs. Thana Nirbahi Officer, Mithapukur, Rangpur and o......on acted illegally in exercise of its jurisdiction in coming to the decision that the defendant Nos. 13-15 had not voluntarily resigned as teachers but their resignations were obtained by force and coercion by merely comparing the handwritings and signature of the said defendants in their resigna..

Category: Civil Law | Date: | Hits: 110

Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)

....cial power to legislate or create any offence………………(44) Whether hartal constitutes offence? Hartal accompanied with force or violence or threat of force or violence is not only illegal but constitutes cognizable offences punishable unde......hellip;………….Appellant (In Criminal Appeal No. 24 of 1999) Amanullah Kabir..............Appellant (In Criminal Appeal No. 25 of 1999) Vs. The State and oth­ers …………………………&he......gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ..

Category: Criminal Law | Date: | Hits: 79

Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)

....ssion of the land in suit, that defendant Nos. 1-9 tried to purchase the land without paying the proper price but having failed to purchase the land in suit the defendant Nos. 1-4 out of vengeance threatened the plaintiffs bargadar on august 10, 1979 to dispossess him from the land in suit. Henc......t Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Abu Alam ...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: ......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 42

Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)

....lication was filed and, as such, the High School was not authorised to establish any school for admitting girls within one kilometer of the existing girl school i.e. the School, and thereby posing threat to the existence of the School upon admitting girls in the newly established School in viola......Division (Criminal) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shahid Hossain Khan (Md) .....................Appellant Vs. Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2006. Cases Referred To- ...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 216

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....cident in which the appellants had tried to dispossess Abdul Bari from his land, but became un­successful due to resistance offered by Zafar on be­half of Abdul Bari. The appellants then held out a threat that they would cause his disappearance from this world. Summary of his evidence is given in ......72 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..

Category: Criminal Law | Date: | Hits: 74

Solicitor repre­sented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)

....ts below and thereafter, submitted that the accused-per­sons imported the goods by deceitful means and those are banned item being raw mate­rials for manufacturing polythine bags which are threat to environment of the coun­try. In such view of the matter, the learned Judges of the Hi...... Md. Tafazzul Islam J The Solicitor repre­sented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs Anisuzzaman Chowdhury and other…………………..........Respondents Judgm...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)

....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......on (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Is­lam J Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Rajshahi and others…………..Appellant Vs Md. Abdul Jabbar Sheikh&helli......ficient even to amount to an averment of fraud of which any Ct. ought to take notice, however strong the language in which they are couched may be, and the same applies to undue influ­ence and coercion". 15. The proposition of law enunciated in the reported cases can hardly be di..

Category: Property Law | Date: | Hits: 38

Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)

....ed conspiracy made by the petitioners in committing horrible offence of creating law and order situation in the country and killing innocent persons one after another and, as such, they are traumatic threat to the survival of the social order. The activities of the petitioners are undoubtedly premed......nt: Syed JR Mudassir Husain CJ Md. Ruhul Amin J Md. Fazlul Karim J M M Ruhul Amin J Md. Tafazzul Islam J A Kabir Chowdhury J Md. Joynul Abedin J Iftekhar Hasan (Md) @ Al Mamun and others................Petitioners vs State…………………………………………......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..

Category: Criminal Law | Date: | Hits: 213

Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)

....so compelled her to make morally wrong gestures in the said blue-film and the accused petitioner Rafiqul Majid Pintu and a few others abetted the aforesaid offence by putting her under coercion and threat to her life and on the basis of the aforesaid FIR, Ramna P. S. Case No. 28 dated 09.01.2002 ......e, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 93 of 2004 (From the Judgment and Order dated 23. 08. 2004 passed by the High Court Division in Criminal Miscellaneous Case No. 5......overed and also compelled her to make morally wrong gestures in the said blue-film and the accused petitioner Rafiqul Majid Pintu and a few others abetted the aforesaid offence by putting her under coercion and threat to her life and on the basis of the aforesaid FIR, Ramna P. S. Case No. 28 date..

Category: Criminal Law | Date: | Hits: 52

Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....No.3 instigat­ed the other directors of the respondent No.1 Bank who would be benefited in event of the Petitioners omissions in the sponsor's share to employ their loyal mastans to issue continuous threat and harass the petitioner in all the ways and means at home and working place and sur­prisin......ound in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: | Hits: 185

Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)

....the truck near Bazar Mosque, 4/5 dacoits got down from the truck and asked for the location of the tube-well and when the Chowkiders went close to them they tied them up with rope, held them under threat a of death with arms if they talked, tied up their mouths with chadar and katha and put them......y Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioner. Not represented-For the Respondent. Criminal Petition for leave to Appeal No. 283 of 2004 (From the Judgment and Order dated 12th April 2004 passed by the High Court Division, in Criminal Appeal No. 1605 of 1......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ..

Category: Criminal Law | Date: | Hits: 23

Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)

....10.2001 and prayed for bail and he was enlarged on bail on the same date i.e. on 14. 10. 2001. Thereafter the accused respon­dent Md. Kamal Hossain Barkat @ Boston and others were continuously threatening the informant- petition Runu Akhter, her two young children with dire consequences if t......vocate (S. M. Munir, Advocate with him), instructed by Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for leave to appeal No. 221 of 2004 (From the Judgment and Order dated 24 July 2004 passed by the High Court Division, in Criminal Miscellaneous Case No. ...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accor­dance with Rules. Ed. ..

Category: Criminal Law | Date: | Hits: 31

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

....ion of southern half of South Berubari Union No. 12 and the adjacent enclaves to India by the Government of Bangladesh though he was not a resident there. He complained that he was under an impending threat of deprivation of his fundamental rights under Article 36 of the Constitution and his right o......J Mustafa Kamal J Latifur Rah­man J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Min­istry of Law and Jus­tice & others........Respondents Judgment January 30, 1990. Result: The ap...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..

Category: Constitutional Law | Date: | Hits: 170

Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)

....ising a mixed question of law and fact which was neither raised nor con­sidered at any stage heretofore. The argu­ment is that the plaintiffs while in posses­sion of the suit land were threatened with eviction through Court by the landlords Benode Behari Chowdhury and others and the ......ulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995) Parul Bala Majumder....................Appellant (In Civil Appeal No. 49 of 1995) Narash Chandra Bhattacharjee.....Appellant (In Civil Appeal No. 50 of 1995) Hari Sankar Chowdhury........... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 106

Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)

....nto the house without complying with the assurance and that on 18.07.1998 while the complainant respondent No.1 approached the accused petitioner and oth­ers for settlement of the dispute they threat­ened him with dire consequence and com­pelled the complainant respondent to leave th......resent: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Selim A Khan……………..Petitioner Vs Md. Harun Malik and another.....................Respondent Judgment January 2, 2005. Lawyers I......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 30