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Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)

....ter him he is in peaceful possession of the land so gifted by the Zamindar, that the defendant No.5 i.e. local Tahshilder taking advantage of the wrong record of right in the name of the Government threat­ened the plaintiff to dispossess him from the land in suit, that wrong recording of the...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J The Government of the Peoples Republic of Bangladesh, repre­sented by the Deputy Commissioner, Sylhet and others..........................Appellants. vs Sree Subas Chandra Sarker being de......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..

Category: Property Law | Date: | Hits: 43

Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)

....but the same missed him. It was further alleged that the other accused persons kept their guns fixed on Sentu who died then and there. Having achieved their objective, the accused persons left with threat that if any case is filed the informant would meet the same fate. The informant and one Babu......r Rahman Shahid………………………………...Petitioner Vs The State, represented by the Deputy Commissioner, Dhaka and another…………… …...Respondents. Judgement ......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 102

State Vs. Omar Ahmed, 2008, 37 CLC (AD)

....;ferred the Druta Bichar Tribunal Case from Druta Bichar Tribunal, Barisal to Druta Bichar Tribunal, Khulna on the allegation that the life of the accused respondent is at a stake at Barisal due to threatening made by opposite party. The High Court Division further ob­served that one of the ...... 2004. Judgment:                 M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 07.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 188...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

....g from place of occurrence or upon committing the offence, except upon establishment, by reliable evidence that extra judicial confession was made by the appre­hended accused person being not put to threat, intimidation or torture and that said extra-judicial confession was not made in the presence......m vs State 27 DLR (AD) 29; Babor All Molla vs State 44 DLR (AD) 10; Ustar Ali vs State 1998 BLD (AD) 43 = 3 BLC (AD) 53; Joygun Bibi vs State 12 DLR (SC) 156; Maqbool Hossain vs State 12 DLR (SC) 217 and Kashmira Singh vs State of Madhya Pradesh 1952 SCR (India) 526. Lawyers Involved: ABM Nuru......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..

Category: Criminal Law | Date: | Hits: 63

Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)

.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rah­man J ATM Afzal J Abdul Jabbar Dakua.......................……………….....Appellant Vs. Kanchan Ali Sikder and others.......………………....Respondents Judgment August 29, 1989. Result: Th......it was satisfied from the inquiry report that a number of intending candidates were prevented from filing their nomination papers to contest the post of chairman of their respective Union Parishad by coercion and force used by armed miscreants. The Election Commission ultimately directed fresh elecÂ..

Category: Election Law | Date: | Hits: 112

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ......is appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... of Go­vernment Officers, Ministers' residences, disruption of communication, etc. It further mentioned that as a labour leader he went to the residence of the Manager of Quami Jute Mills, and under coercion he realised bonus for the labourers which they were otherwise not entitled to. It is furthe..

Category: Constitutional Law | Date: | Hits: 408

Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)

....the suit. 20. 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. ......ur Rahman....................Appellant vs Md. Amjad Hossain................Respondent Judgment October 24, 2005. Cases Referred to- Siddique Ahmed Chowdhury and others vs Gani Ahmed and others 33 DLR (AD) 1 = 1979 BSCR 375; Rokeya Khatun vs Alijan @ Alija...... later on registered the said deeds on the same date, but taking exception only in respect of the transaction made in favour of the defendant. Had  the transactions been the product of fraud, coercion or undue influence or had the transactions been not the product of Rativan's free will and..

Category: Property Law | Date: | Hits: 30

Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)

....ivision of the Supreme Court of Bangladesh ever sat outside the capital. The only time the High Court thought of moving out of the capital, albeit temporarily, it is interesting to note, was during a threat of foreign aggression. It is found from the reminiscences of Sir Harold Derbyshire, ex-Chief ......al J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secre­tary, Ministry of Law and Justice, Bangladesh Secre­tariat,Ramna,Dhaka & Others ……… Respondents (In Civil Appea......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..

Category: Constitutional Law | Date: | Hits: 1934

Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)

....ng him to take him to the hospital and men­tioned that accused Dablu has "finished him and his mother". This Dablu was dismissed from the service by P.W. 4 few days back and accused Dablu held out a threat to take revenge. The informant found one pair of plastic sandal in the room of his parents wh......M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: The appeal is al­lowed and the judgment and order of the High Court Division is set aside. Conviction and sentence of ac­...... High Court Division is set aside. Conviction and sentence of ac­cused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..

Category: Criminal Law | Date: | Hits: 159

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

....rting with these cases, we would like to put on record our appreciation for the valuable as­sistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......ndents (In Civil Appeal No. 17 of 1989) Judgment February 19, 1989. Result: All the Appeals are allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), sections 24 and 29 The Union Parishads (Elections) Rules, 1983, Rule 70 (i) In a dispute the issue is to be......he report that there were dis­turbances and the polling could not be conducted in accordance with Rules or that he wanted to stop the poll under Rule 29(1) but could not do so due to in­timidation, coercion and that he was made to sign the TA" Form on gun point etc. In such cases the learned couns..

Category: Election Law | Date: | Hits: 165

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

.... knowledge, a fact of life, that non-repayment of loan to the public loan-giving agencies (specified banks) has taken such proportions that the economy of the country has been adversely affected. The threat of "disqualification" for being a defaulter to persons seeking election in the local governme......ualification for a member of the Parliament is not discriminatory but is constitutionally valid. Cases Referred to- AIR 1971 SC 530 (564); Southern Rly Co. V. Greane, 216 U.S. 400; Smt. Indira Gandhi V. Raj Narayan, AIR 1975; State of West Bengal v. Anowar Ali Sarkar, AIR 1952, SC 75; Dhirendr......the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ..

Category: Election Law | Date: | Hits: 212

M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)

....ever as to why no representation to the Government or the Jute Marketing Corporation was made as to the jute stocks or the liability to repay the loan to Bank in the subsequent years when the alleged threat to their lives and property no more existed. That the company or its directors did "not move ...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. M. M. Ispahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appea...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ..

Category: Civil Law | Date: | Hits: 110

Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)

.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Mohammad Mohsen Ali J Md. Joynal and ors................................Appellants Vs. Md. Rustam Ali Mia & ors......he plaintiff sued for a declaration that certain documents executed by him in favour of the defendants were invalid and void for want of considera­tion. The trial Court found that there was no coercion exercised upon the plaintiff and the suit was dismissed. On appeal, the plain­tiff app..

Category: Property Law | Date: | Hits: 42

Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)

....d judgment of the High Court Division is set aside and that of the District Judge is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 156. ...... Present: FKMA Munim CJ Badrul Haider Chowdhury J   Shahabuddin Ahmed J  Chowdhury ATM Masud J Syed Md. Mohsen Ali J Paresh Chandra Bhowmick……….....................................Appellant Vs. ......us is found to have been discharged by the profounder in this case. Next question that arises in connection with due execution is whether the execution has been obtained by undue influence, fraud, coercion or misrepre­sentation of facts. No such suggestion was made by the caveator since her ..

Category: Property Law | Date: | Hits: 118

Abdus Salam Mas­ter alias Salam and another Vs. The State, 1983, 12 CLC (AD)

....the order of 'dismissal' stood. Af­ter about a month, the complainant's brother However filed a fresh complaint on April 3, 1959 alleging that the compromise was brought about by undue influence and threat. This second complaint was entertained by the Chief Presidency Magistrate; a revisional appli...... Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chow­dhury J Sahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdus Salam Mas­ter alias Salam and another…………...........Appellants Vs. The State..............................Resp......find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..

Category: Criminal Law | Date: | Hits: 79

Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)

....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 5. ......J  Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant Vs. Goleda Begum and others………..............................Respondents Judgment ......e Court recorded  an order to this effect, but thereafter the decree-holder filed an application stating that his earlier statement as to satisfaction of the decree had been obtained by "coercion and fraudulent misrepresentation" by the judgment-debtor. On the other hand, in the L..

Category: Others | Date: | Hits: 97

State Vs. Shafique and others, 1991, 20 CLC (AD)

....regarding the theft of a sewing machine of Dinesh and in that salish Makbul was found guilty, wherein Dudu remarked that the punishment had been a very mild one, at this Mukbul, Mannan and Shafique threatened Dudu that his wife would be a widow within seven days. Prosecution further asserted tha...... (Criminal) Present: MHR Rahman J Mustafa Kamal J Latifur Rahman J State………………..Appellant Vs. Shafique and others…........... Respondents Khokan and another........Accused-Petitioners ......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 49

Muzaffar Ali and other Vs. Government of Bangla­desh and another, 1991, 20 CLC (AD)

....83), in which he stated that the deed of exchange was properly and legally executed by his father at Howrah in 1964, that the objection petition dated 7.4.80 was filed by his father under pressure, threat and duress and for the safety of his life and that he and his father permanently reside in ......ity and is of no legal effect. Ed. ......appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ..

Category: Property Law | Date: | Hits: 36

Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)

....onment for life. In the result, therefore, the appeal is dis­missed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ......the accused himself in his confession gave detail of the story even though it is not in the FIR. The two witnesses being disinterested persons, they have no animus against the appellant or his family and as such there is no reason to disbelieve their testimony as to the recovery of the dead body by ......ne of denial and that the appellant never admitted his guilt nor brought out the dead body of his wife as alleged and further that the judicial confession was not true and volun­tary but made due to coercion and torture by the po­lice. 9. The Additional Sessions Judge upon a con­sideration of ..

Category: Criminal Law | Date: | Hits: 61

The State Vs. Fazal and others, 1987, 16 CLC (AD)

....came forward to the rescue of Khijir, but they along with Khijir were thrown into a mud-well and were buried alive and thereafter the well was filled up with earth. Members of Khijir's family were threatened by the assailants that Crease any allegation were made to the aut­horities, they wou......hmed J M. H. Rahman J  A.T.M. Afzal J The State……………………………....Appellant Vs. Fazal and others………………....Respondents Judgment Ma......rt Division as would call for interference by this court. The appeal is, accordingly, dismissed. Order of the Court By the majority decision the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 46