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State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
.... statement of an accused must satisfy himself, by observing the demeanour of the prisoner and also questioning him, whether he is ready to make a confession voluntarily, free from any inducement, threat and intimidation: he must explain to the prisoner that he is not required to make a confess......ision (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J State..........................Appellant. Vs. Lalu Miah and another………………..Respondents. Judgment September 8, 1986. Result: The App......sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ..Category: Criminal Law | Date: | Hits: 124
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....sion of the property transferred to him claiming that he purchased their land on the basis of the kabala executed by them. The plaintiffs refused to comply with his demand when the plaintiffs were threatened that possession would be taken, if necessary, by force after December 31, 1964. In this ......t Appellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Ful Chand Das and others......................Appellants Vs. Mohammad Hammad and others&...... (2) On receipt of the application, the Deputy Commissioner shall cause an inquiry to be made to ascertain whether the proposed sale has been brought about. (i) by coercion, threat, intimidation, undue influence, misrepresentation or fraud; or (ii) ..Category: Property Law | Date: | Hits: 75
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ...... J Badrul Haider Chowdhury J Rokeya Khatun………………………….... Appellant. Vs Alijan @ Alijan Bepari and ors………...Respondents Judgment November 10, 1981. Cas......m the general rules of English law. which protects persons, whose disabilities make them dependent upon or subject them to the influence of others, even though nothing in the nature of deception or coercion may have occurred. This is the view expressed by Judicial Committee in the case of Farid-..Category: Property Law | Date: | Hits: 57
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....nvestigation officer that she did never stated to him that Salma was wearing two err-rings and the ears were tainted with blood or that accused Salim, Monu and Anwara killed her daughter or that Monu threatened her as above. The prosecution next introduced PW 4, Md Hossain who saw accused talking in......J Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J State…………………………………………..………….Petitioner Vs. Monu Miah and others……………………………. Respondents Judgment August 16, 2001. Result:......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..Category: Criminal Law | Date: | Hits: 59
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....ed for non observance of the regulation. Their remedy, if any, is for damages if they can make out a case for damages, bur the prayer for injunction was erroneous inasmuch as no right of theirs was threatened." 3. In the present case arising out of the Suit No. 179 of 1979 the learned Munsif by......rul Haider Chowdhury J M/s. Hossain Ahmed represented by its proprietor Hossain Ahmed…… ...Appellant Vs. M/s. H. D Hossain & Brothers represented by its proprietor Md. Delwar Hossain and others. ….. Respondents Judgment November 28, 1979. The Specific Relief Act, 1877 (Ac...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....y is available. The period of one year obviously is too long a period. It has been stated earlier that the hardship of the landlord decree-holder was not at all taken into consideration. No immediate threat has been mentioned for extending the indulgence of one year to the tenants. Then again, direc......e Division (Civil) Present: Kemaluddin Hossain, C.J., Ruhul Islam, J., K. M. Subhan, J. Badrul Haider Chowdhury J. Md. Shahidul Haque ...Appellant. Vs. Mst. Rahiman Bibi and another....Respondent Judgment April 26, 1979. After passing of the decree or the fina......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ..Category: Tenancy Law | Date: | Hits: 69
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....detenu has resumed his various anti‑social and terrorist activities and is causing serious deterioration in law and order situation. If a turbulent man like him is kept outside it would be a threat to general law and order in the country. There is a rider in the grounds that the disclosure......l) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Habiba Mahmud .................................Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawy......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....functioning of the Bank and caused great inconvenience and loss to it. He was advised by letter dated 17.1.88 not to indulge in such activities. He replied on 25. 1.88 on Union pad giving a show of threat and tried to justify his unauthorised activities. 10. Respondent No. 1 replied to th...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant V......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Altaf Hussain…………Appellants (In Civil Appeal No. 35 of 1992] Vs. Abul Kashem and others…………Respondents (In Civil Appeal No. 35 of 1992) Adaruddin ..........................ing away the Presiding Officers or the agents of the rival candidates and then stuffing the ballot boxes with ballot papers and then obtaining a favourable result from the Presiding Officer either by coercion or by purchasing his honesty. In such cases, the Election Commission has got power to direc..Category: Election Law | Date: | Hits: 117
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....on as there was no plenary admission of guilt by the respondent. Section 24 of the Evidence Act makes a confession irrelevant in a criminal proceeding if it appears to have been caused by inducement, threat a promise proceeding from a person in authority and sufficient in the opinion of the court to......ate-on- Record-For the Appellant. Serajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-For the Respondent. Criminal Appeal No. 19 of 1990 (From the judgment and order dated 10.11.88 passed by the High Court Division, Dhaka, in Criminal Appeal No. 558 of 198...... any truth in the allegation that the customs officials were trying to frame him in a false case of smuggling. Mr. Serajul Huq felt the difficulty in advancing any argument as to alleged pressure and coercion by the customs officers but submitted, perhaps as a last resort, that the respondent might ..Category: Criminal Law | Date: | Hits: 132
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
.... which was heard along with two other revision cases. Facts of this case are very simple. A first information report was lodged against the accused- appellants and others alleging that they had, by threat and physical assault, snatched away Taka 5000.00 from the Informant whereupon Haluaghat Poli...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Sher Ali (Md) and other............Appellants Vs. State, represented by the Deputy Commissioner, M......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......e Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation represented by its Chairman and others............Appellants Vs. Mofizur Rahman and another………………..Responden......r after the impugn6d order was passed upon making some untrue allegations. The affidavit goes on to say that the retirement of the respondent was given not at the behest of anyone, not by any duress, coercion or undue influence, it was given to him on due consideration of his application for retirem..Category: Employment/Service Law | Date: | Hits: 126
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....t'' at Bangabandhu Avenue, Ramna, Dhaka by the writ respondent Nos. 1 and 5 at the site reserved for public Car Parking Centre as shown in the Master Plan of the RAJUK, the respondent No.2.which is threatening the environment of the area and the rights of the concerned people including the petit......in J MM Ruhul Amin J Md. Tafazzul Islam J Sharif Nurul Ambia.....................................Appellant Vs Dhaka City Corporation represented by its Mayor and others.......................... Respondents Judgment July 19, 2004. Th......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....condemned prisoner used to demand dowry and substantial amount was paid in meeting the demand of dowry and a week before the incident the convict made demand of dowry of Taka 20,000 and threatened the victim that in case of non-payment of said amount the consequence would...... The Nari–O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....appened to be present there. He intervened in the scuffle between Bakul and Pradip, as a result of which Pradip could not assault Bakul. So he was enraged at the intervention of Mona and held out a threat that he would very soon teach her (Mona) a lesson. At about 5‑00 PM Mona was going to ......p;……………………..Petitioner. Vs. Montu @ Nazmul Huq and others……………………………&h......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Abul Khair Vs. The State, 1992, 21 CLC (AD)
.... kept the ignition of the motor cycle running. Abul Khair went into the Parishad office and then he heard the sound of pistol shots 4/5 times. He had to carry back Abul Khair on the motor cycle on threat of fife. Mosharraf joined them later. 6. Condemned prisoner Abul Khair was arrested o....... Nawab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the High Court Division in Death Reference No. 1 of 1985 with Cri......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Abdul Hamid Mollah Vs. Ali Mollah and another, 1992, 21 CLC (AD)
.... not at home at that time. Ali Mollah's son Abu Taher and Shahajuddin struck each other with ordinary sticks when people from around came and stopped the fray. Ali Mollah then left the place giving threat of serious consequence. 4. The sons of Hamid, namely, Shahajuddin, Montazuddin (PW 3......in Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Hamid Mollah................... Complainant-Appellant Vs. Ali Mollah and another…………………... Accused-Respondents Ju......order of acquittal and the alleged misreading of evidence has not affected the decision on merit. There has been no failure of justice. The appeal is, accordingly, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
.... case is that Zahura Khatun was murdered by unknown persons and accused Shamsul Haque was beaten by them. According to the appellants the confessional statements were obtained by police torture and threat which they subsequently retracted. The accused persons were innocent and they have been fal....... Ed. ......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Hafez Abul Khair and another Vs. The State, 1977, 6 CLC (AD)
....rs conspired to extort a sum of Rs. 10,000/- by kidnapping and murdering one Omprakash, aged 14) years, a son of one Chauhan who, as a matter of fact, paid a sum of Rs, 5,000/- to the accused under threat and on assurance that the boy would be restored to the father after payment. The threat was ......ppeal is, accordingly, disposed of. Ed. ...... 302/109 Penal Code. The accused shall continue in custody even after expiry of the sentence passed on them on the charge of collaboration. The appeal is, accordingly, disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 61
Special Reference No. 1 of 1995, 24 CLC (AD)
....ut and boycott is unprecedented in the known history. Dr Kamal Hossain was, however, skeptical about the Reference as he thought that the political situation alluded in the Reference suggested a life threatening blockage in the Constitutional process in the country which needed an urgent political b......Ismailuddin Sarker J (Special Reference No. 1 of 1995) Judgment July 24, 1995. The Constitution of Bangladesh, 1972, Article 106In our view, walkout, consequent period of non return and boycott, call it by whatever epithet, mean the same thing, i.e. absent as provided in Article 67......employers, and a secondary boycott involves an attempt to induce third parties to refuse to patronise the employer. In most US States, Primary boycotts are legal if they involve no physical violence, coercion, or intimidation, Secondary boycotts, however, are illegal in most states. 52. Boycotts..Category: Constitutional Law | Date: | Hits: 248
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