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Displaying 401-419 of 419 results.
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....ngly GR Case No. 359 of 1976 was started in the court of Sub-Divisional Magistrate, Brahmanbaria. For fear of arrest the plaintiff left his house with his family and thereafter some village peoples threatened him that unless he gives some lands in favour of defendant No.1 in which case she will w......ellip;…………………………………………..Plaintiff-Appellant Vs. Ayesha Khatun and another ………………Respondents Judgment ......ng bodily injuries and assault on her by the plaintiff. 9. The learned Single Judge of the High Court Division observed in his judgment. “In the absence of any evidence of force, coercion or intimidation, the provisions of section 23 of the Contract Act cannot be attracted in a..Category: Property Law | Date: | Hits: 72
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....er without the facts surfacing at the trial. A charge may be based on a confession alone, but the proceedings cannot be quashed on the ground that the confession was extracted by force, intimidation, threat or inducement, because that is a mixed question of law and fact which can only be resolved at......titioner. AW Bhuiyan, Additional Attorney General instructed by Sharifuddin Chaklader, on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 108 of 1995 From the Judgment and Order dated 9-5-95 passed by the High Court Division in Criminal Revision No. 365 of 1992). J......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... that the accused might have sustained this slight injury during struggle in the jute field while he murdered the deceased. These are no reliable evidence to show that the accused was assaulted or threatened and that the extra-judicial confession was obtained by coercion. The accused has come up......; Vs. Lutfor Fakir.........Accused Judgment September 25th, 1970. Cases Referred to- Emperor vs, Mst Jagia AIR 1938 Pat 308: Haji Yar Muhammad vs. Rahim Dino and others PLD 1960 Kar 769: Abdul Latif Crown 4 DLR (FC) 431: Qutba vs. The Crown 6 DLR (FC) 126: ......struggle in the jute field while he murdered the deceased. These are no reliable evidence to show that the accused was assaulted or threatened and that the extra-judicial confession was obtained by coercion. The accused has come up with this plea now falsely in order to save him-self from the ch..Category: Criminal Law | Date: | Hits: 62
Kasiruddin Sarkar @ Kasiruddin Fakir Vs. The State, 1972, 1 CLC (AD)
....icidal and not suicidal. 5. The grounds given by the learned Sessions Judge for finding the accused guilty of the offence of murder are as follows: (1) The injury in the threat was ante mortem and homicidal in nature. (2) The existence of strained relation......) DLR (FC) 56. st Sairan vs. State (1970) 22 DLR (SC) 35; Sultan Ahmad vs. Crown (1954) 6 DLR (FC) 28: Fazal Elahi vs. Crown (1953) 5 DLR (FC) 207. Lawyers Involved: M. Golam Rabbani and Md. Nurul Islam, Advocates—For the Appellant. T Talukdar, Advocate—For the S......ppellant is set aside and he is acquitted from the charge under section 302 of the Pakistan Penal Code. He may be set at liberty at once if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 124
Nurul Haque (Md.) and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....gement being not a law cannot be said to be illegal and unconstitutional. These petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 140. ...... Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Haque (Md.) and another ……………………………...... coerced them for accepting the special scheme for going to voluntary retirement. 4. Affidavit-in-opposition has been filed on behalf of the respondent Nos. 2-4 denying that there was any coercion, rather the petitioners voluntarily and out of their free will applied for retirement unde..Category: Employment/Service Law | Date: | Hits: 85
Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....r awarding such a heavy cost against the petitioner. He further submits that Government functionaries will feel hesitant to institute proceeding in Court even to save public property if there is a threat of such heavy cost should the proceeding fail. The Government’s case or anybody’......endu Bikash Roy Choudhury J Bangladesh, represented by the Secretary Ministry of Public Works……….Petitioner Vs. Chairman, Court of Settlement, First Court and others ………………………Respondents ......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Property Law | Date: | Hits: 64
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
...., the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner Vs. Sh......er, defendant No. 2 intended to purchase the same at a very low price but he did not agree and consequently defendant No. 2 became angry and managed to file the instant suit by undue influence and coercion upon his father, the plaintiff. 4. The plaintiff examined 7 PWs including himself..Category: Property Law | Date: | Hits: 75
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... of 1908) Order VII, rule 1(c) The plaintiff having asserted that defendant No. 1 came to the suit land to resist the plaintiff and his labourers to plough the land and there being positive threat of dispossession from the suit land by any means, the plaintiff had definite cause of action......sp; Saitan Bibi and others………………. Plaintiff-Appellants &...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ..Category: Property Law | Date: | Hits: 52
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....lection nor was the Jatiya Party banned. They had every right to go to the people. This is what the Constitution guarantee. 29. The Government was apparently anticipating threat to public safety and public order not from the detenu but from the students in case of their...... Mostafizur Rahman...........Appellant Vs. Bangladesh, represented by the Secretary Ministry of Home Affairs and another……. Respondents Judgment &nbs......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Billal Vs. State, 2000, 29 CLC (AD)
....ng and taking away of the victim by the appellant Billal and co-convict Saiful from his residence half an hour before his murder, subsequent recovery of his deadbody and appellant’s love and threat to PW 2 Mokseda before the occurrence and abscondence of Billal immediately after the occurr...... Judgment April 2, 2000. The Evidence Act, 1872 (1 of 1872), Section 5 The Penal Code, 1860 (XLV of 1860), Sections 302/109 Calling and taking away of the victim by the appellant Billal and co-convict Saiful from his residence half......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..Category: Criminal Law | Date: | Hits: 58
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....d taken place also at night on 2nd November, 1996. There were altercation and exchange of hot words between the respondent and the Police Officers including officers of CID and on every occasion they threatened the respondent and said that they would teach her a lesson. The Police upon search produc......he Petitioner. Mahbubur Rahman, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-—For the Respondent. Criminal Petition for Leave to Appeal No. 36 of 1997. (From the judgment and order dated 23rd March, 1997 passed by the High Court Division, Dhaka in Criminal Misc. Case No....... there were no arms and ammunition which were illegally kept/stored or preserved by the respondent. A seizure list was prepared at the mid-night of 2-11-96 and the respondent was forced under threat, coercion and intimidation to sign the said disputed seizure list but she protested the preparation o..Category: Criminal Law | Date: | Hits: 115
Nasima Begum Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....No. 85(1)95 under section 392 of the Penal Code and three other criminal cases (which have ended in final report) having been cited and thereafter it was stated that a fierce hijacker like him is a threat to the overall law and order situation in the country and, as such, his detention under sec......a Begum………………. Appellant Vs. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs and others……………………Respondents Judgment ......ld in custody without lawful authority. Let the detenu be set at liberty forthwith if not wanted in any other connection. Ed. This case is also reported in: 49 DLR (AD) (1997) 102 ..Category: Criminal Law | Date: | Hits: 99
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
.... learned Judge of the High Court Division upheld the decree of the lower appellate Court upon an identical misconception of law that the cause of action for the suit having been shown to be a mere threat to dispossess the suit for declaration of title and confirmation of possession was not maint......7) 99 ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......ivision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Chitta Ranjan Chakraborty being dead, his heirs Ashish Chakraborty and others ……………Appellant Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob…………….......h has produced no legal effects though the expression is sometimes loosely used in respect of a declaration of invalidity of a document. Examples of voidable transactions are a contract made under coercion or undue influence or even fraud, a compromise of a case by guardian of a minor without per..Category: Tenancy Law | Date: | Hits: 88
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ard him in view of the constitutional issue of grave importance raised in the instant case involving an international treaty affecting the territory of Bangladesh and his complaint as to an impending threat to his certain fundamental rights guaranteed by the Constitution, namely, to move freely thro......Mohiuddin Farooque……………………………………………………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others………………………………. Respondents Judgment July 2......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......Roy Choudhury J Akhteruzzaman……………………………………...Petitioner Vs. Ali Amjad Khan and others……………………Respondents Judgme......effect that he had not executed any bainapatra or deed of sale in favour of defendant No.3 and that the said defendant had abducted him and obtained his signatures upon blank sheets of papers under coercion and torture. The learned Judges also noticed from a report dated 11 March 1997 of the loc..Category: Property Law | Date: | Hits: 87
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......minal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Major (Retd) Ashrafuddin Sekander ……………….Appellant Bernhard Rudigar and......efore a Magistrate. While the two foreigner-appellants never retracted from their confessions the appellant Airport Manager took the plea at the trial that the confession was extracted from him by coercion and torture. The High Court Division, on appeal, left the accused Airport Manager’s ..Category: Criminal Law | Date: | Hits: 130
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18, 2000. Result: The petit......sons whose disabilities to fully understand the nature and effect of transfer of their property make them dependent upon or subject them to the influence of others even in the absence of deception or coercion whereby they transfer their property to their own disadvantage………….(8). Lawyers ..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....bdul Jalil and PW 4 Siraj Al-Mamun, we have found that both of them heard accused Sekandar giving order to his son to finish deceased Munir. It is in evidence that PWs 1 and 4 were detained by giving threat and apart from these two witnesses of implicating Sekandar by giving order to his son to kill...... Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14, 2000. Result: Criminal Appeal Nos. 26 and 27 of 1996 are allowed & Criminal Appeal No. 6 of 1998 is dismissed. The Evidence Act, 18......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..Category: Criminal Law | Date: | Hits: 108
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