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Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....tly dangerous acts. It is further held, the words imminent in common parlance means something is ready to fall or happen on the instant. A danger is said to be imminent if it is immediately threatened or impeding. Before an imminently dangerous act can constitute murder it requires pr......ossain CJ Surendra Kumar Sinha J Abdul Wahhab Mian J Naztnun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Mehedi Hasan @ Modern (Md.) and others…….............Appellants Vs. State………&hellip......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Md. Shahidul Islam Vs. State and another, 2012, 41 CLC (HCD)
.... the proceeding". 13. On the other hand Mr. Mohammad Ali Zinnah the learned Assistant Attorney General appearing for the State-opposite party submits that the place of occurrence is at Pabna, threat in Dhaka, G.D. in Dhaka and the same is not out of jurisdiction and the proceeding of the i......urt Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J AKM Shahidul Huq J Md. Shahidul Islam......................Petitioner Vs. State and another....................Opposite parties Judgment May 13, 2012. Result: ......e, cognizable Court No.1 Pabna is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 545. ..Category: Criminal Law | Date: 13 May, 2012 | Hits: 6
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....erse possession. In the third week of November, 1982 defendant Nos.1 to 4 claimed title to and interest in the first schedule land [attracted by Sylhet Survey (SS) Plot No.3428 and 3432] and gave out threat that they would soon take forcible possession thereof. Soon after, the plaintiffs made search......R (AD) (2012) 127. ......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
.... 3. Short facts relevant for the disposal of the appeal are that the accused persons were involved in terrorist activities against which the victim Abdul Khaleque protested, and as a result, they threatened the victim to dire consequence. On the day of occurrence at about 7-30 pm, the victi......ud Hossain J Md. Shamsul Huda J Md. Imman Ali J Muzibur Rahman and others ……………….... Appellants (In Criminal Appeal No.3 ......mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....m the record it transpires that, in spite of the one month ultimatum, the Purchaser paid a further sum of Tk. 15, 00,000/- towards the purchase price which the Vendor accepted on 15.02.94. Hence, the threat to treat the agreement as cancelled was waived. The Vendor by his second legal notice dated 2...... the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 10 SCC 390; Hajee Saru Meah Sowdagar and another...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s are posing insurmountable stumbling block on the way to achieve an infallible and durable independence of the judiciary. When the S.C judges are already inundated with various predicaments, a new threat is looming over their already clouded sky as the respondents have resolved to axe overseas m......gir Hossain J Advocate Manzill Murshid...... Petitioner. Vs. Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, P.S.-Shahbag, District-Dhaka and others...... Respondents. Judgment January 6, 2012. Result: The impugned ...... are set aside. The respondents are directed to revoke the impugned orders forthwith and restore the previous practice without further ado. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Golam Ahmed Vs. State, 2011, 40 CLC (HCD)
....sed to marry her and for that the accused cannot be held guilty of committing rape. In the case reported in 57 DLR 591 it is observed that the accused neither applied force nor obtained consent under threat nor practiced fraud upon the victim before he had sexual interÂcourse with her, who was a wi......appeal is allowed. The Nari-o-Shishu Nirjatan Daman Ain, 2000 (Act No. VIII of 2000); section 9 (1) The victim as a grownup woman lived together with the appellant for six years as husband and wife. She was a consenting partner of the appellant. She was fully aware of Muslim marriage.......t is hereby set aside and the accused-appellant is discharged in that case under section 265C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 93. ..Category: Women and Children | Date: 7 Dec, 2011 | Hits: 233
Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)
....hen the accused person was in possession of stolen property. He might have been induced by the real thief innoÂcently to take care of the stolen things; he might have been compelled to do so under a threat of violence; he might have been the real thief drop them or he might have found them lying on......nt: Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Rabindra Nath Roy @ Rabindra and another..............Appellants Vs. State…………………………………………â...... from before the occurrence and that they also threatened to compel him to compromise the case. Learned Judge further observed that the accused persons created the compromise petition, Exhibit-Ka, by coercion, wherein it was clearly mentioned that the witnesses would depose as per advice of the lawy..Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....t there may be some circumstances where the eye-witnesses cannot state the occurrence to the informant or to the kith and kin of the deceased at the earliest opportunity for many reasons i.e. for the threat of the opponent or for any dreadful situation prevailing in the locality after the occurrence......erested witnesses Eye witnesses in some cases are closely related with the deceased. Even then the evidence of such witnesses could be relied on if the same would have been found free from doubt and subsequent embellishment........ (47) Corroboration by independent and disinterested witnes......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....tated that Rokon-uz-zaman was arrested on 2-10-2005. After 7 days Police remand, he recorded the confession on 17-10-2005. He denied the suggestion that the confessions were extracted on the point of threat and coercion. 52. P.W.39, Dr. Hekmot Ali deposed that he was Radiologist of Jhenaidah Sa......e Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgment July 17, 2011. Result:......Rokon-uz-zaman was arrested on 2-10-2005. After 7 days Police remand, he recorded the confession on 17-10-2005. He denied the suggestion that the confessions were extracted on the point of threat and coercion. 52. P.W.39, Dr. Hekmot Ali deposed that he was Radiologist of Jhenaidah Sadar hospita..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J S.M. Humayun Kabir............................Petitioner Vs. Bangladesh and others…...........………….Respondents Judgment May 15, 2011. Result: ......teachers as per their condition of service which cannot be alleged as unlawful. It has been contended further that admittedly the petitioner had tendered his resignation voluntarily, not under any coercion or undue influence. As such, the said resignation stands in the eye of law. It has also be..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
....uaranteed therein. The mere procedural veil cannot smog and delude their conscience. They ought to rise to the occassion when the Constitution is violated or fundamental rights are endangered or even threatened. In the instant case, they indeed did, they rose to the occassion, they issued the Rule s......p;………Appellant (In Civil Appeal No.594 of 2001)
Vs.
Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Religious Affairs and others…………………..Respondents (In both the appeals......of the land, rather, are bound by it. He should also be respectful of the fatwa or opinion of others.
113. Besides, let it be known if it is not already understood that in respect of a fatwa, no coercion or undue influence, can be exercised upon any body, far less any punishment or torture, phy..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....we have no hesitation to hold that P.W.1 was a willing partner in regular intercourse with the convict-appellant. There is no iota of eviÂdence that the appellant obtained the consent of P.W.1 under threat or by practicing fraud upon her before such regular intercourse. It is evident from the eviÂ......ssistant Attorney-General - For the State. Criminal Appeal No.1439 of 2006. Judgment M Enayetur Rahim J.- Convict Nazmul Islam alias Nazu has preferred this appeal against the judgment and order of conviction and sentence dated 6-3-2006 passed by the learned Judge, Nari-o-Shishu Nirja......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460...Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
....s such, the same is not legally enforceable. On 18-3-1992 the plaintiff No. 3 with a group of miscreants came to the residence of the defendants and took their signature in a security bond under threat of gun point. Thereafter the plaintiff, not being the owner and possessor and having no ......t
High Court Division
(Civil)
Present:
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners
Vs.
Haji Momena Khatun and others.......ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....ccused Aaizel @ Aazu @ Azizul Haque @ Azizur have said that they are quite innocent and that Police illegally arrested them in connection with this case and by inflicting physical torture and showing threat of handing over them to the Army for 'Clean Heart Operation' obtained the confessional statem......CD) (2011) 141.......y have been falsely implicated in this case and they did not commit the offence as alleged and that the confessional statements have been obtained from the confessing accused by exercising threat and coercion upon them and the same are not at all true and voluntary. 6. The learned Judge of the Tr..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
Bangladesh Legal Aid and Services Trust Vs. Secretary, Ministry of Education, 2011, 40 CLC (HCD)
....ith soap or forcing them to swallow hot spices). In addition, there are other non-physical forms of punishment, including, for example, punishment which belittles, humiliates, denigrates, scapegoats, threatens, scares or ridicules the child. Parents rebuke and chastise their own children for all sor......ildren, whether by parents or schools. ...... 63 DLR (2011) 643. An international organisation set up in 2001 to campaign for worldwide prohibition by law of all corporal punishment of children, whether by parents or schools. ..Category: Women and Children | Date: 13 Jan, 2011 | Hits: 248
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....ding her ability to do the work or interfering with her employment opportunities. Sexual harassment may on its extreme form take the shape of a direct demand for sexual compliance coupled with the threat of firing if the woman refuses………………………………..(11) Sexual harassme......d............Petitioner Vs. Begum Shamsun Nahar.......................Respondent Judgment October 13, 2010. Result: The leave petition is dismissed. Words and phrases Sexual harassment in employment Sexual harassment in employment may be terme......dings and obserÂvations we do not find any merit in the leave petiÂtion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
.... had been possessing the land for more than 12 years thereby acquired the land by adverse possession. The defendant No.1 had no manner of title to and possession over the suit land but he gave out threat to dispossess the plaintiff from the suit land and hence the suit. 4. The petitioner a...... ......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
....ment (CAT) outline that States must prevent acts of torture and other ill-treatment. Article 2(2) of the Convention provides that "no exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a jus......Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1....... Children's Affairs and the Inspector General of police by a special messenger of the Court at the costs of the office.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 61; 63 DLR (2011) 1...
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Ayrin Akhter Lypi Vs. Bahadur Khan and another, 2010, 39 CLC (HCD)
....dur Khan is a man of bad character having wife and children. He proposed to marry the informant-petitioner but she refused his proposal. Thereafter, the accused-opposite-party No.1 became furious and threatened the informant-petitioner with dire consequences. Then, on 13.4.2001 at about 3 P.M., on h......Division (Criminal Revisional Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdul Hye J Ayrin Akhter Lypi……………………………………Petitioner Vs. Bahadur Khan and another………………….Opposite Parties Judgment January 27, 2010. Result: Th......his judgment and order to the Court concerned for inf6rination and necessary action. Ed. This Case is also Reported in:19 BLT (HCD) (2011) 488; 15 MLR (HCD) (2010) 139; 30 BLD (HCD) (2010) 280. ..Category: Women and Children | Date: 27 Jan, 2010 | Hits: 156
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