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State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
....its parent or guardian. 14. A child shall not be separated from its parent or guardian save in exceptional cases. These will include cases where the parent or guardian is unavailable or where the threat of safety comes from the parent or guardian or where the parent or guardian is unable to prov...... Md. Fazlur Rahman J State......................................................................................Petitioner Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others ..........Respondents Judgment September 3, 2009. Result: The Rule is dispose...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....n, the term “violence against women” means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercions or arbitrary deprivation of liberty, whether occurring in public......iginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad......ommendation. (24) (f) States parties should include in their reports information about sexual harassment, and on measures to protect women from sexual harassment and other forms of violence of coercion in the workplace.” 36. Bangladesh is also a signatory to the “Declaration on th..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
.... of admission referred to in Illustration (b) of Section 102 and stressed the dismal failure of the defendants to prove their "particular fact" that they being wrongfully confined put signatures on threat and intimidation. Law does not require that all facts alleged by the plaintiff shall be stric......t any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Dr. Shipra Chaudhury and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....isit respondent No.2 to say goodbye on her way back to the U.K. The detenu's relationship with her parents had been increasingly tense and hostile over the years as they had subjected her to threats and acts of physical violence. The detenu has since 5.8.2008 to date been held captive again......) 183. ......ainst women" means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercions or arbitrary deprivation of liberty, whether occurring in public or in private life.&..Category: Women and Children | Date: 19 Jan, 2009 | Hits: 10
Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
.... who seeing the informant fled away in the midst of crowd and that on the query of the informant, his younger brother told him that the accused persons killed his father with a 'dao' and also threatened to kill him if he would disclose the matter. It is also stated in the FIR that on hearing......Confession Before a confession can be accepted in evidence, it must be established by cogent evidence that what were the exact words used by the accused. Even if so much is established, prudence and justice demand that such evidence cannot be made the sole ground of conviction. It may be used o......hat Chowkider Haridas and informant Munsur were beating accused Hannan. Thus we find that the alleged extrajudicial confession, if any, given by the accused Abdul Hannan is the outcome of torture and coercion and, as such, the alleged extra-judicial confession is not voluntary and neither true. 58. ..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
Golam Md. Shiblee Vs. Second Labor Court, 2008, 37 CLC (HCD)
.... inquiry committee. 9. Charge was framed against the respondent No. 2 under section 17(3) (b) (g) of the Employment of Labors (Standing Orders) Act, 1965 where clause (b) provides the offence of threat and in connection with the employer's business or property. Allegation brought against the re......ent No. 2. Criminal Appeal No. 4348 of 2003. Judgment SM Emdadul Hoque J. - In the instant writ petition the Rule was issued calling upon the respondent Nos. 1 and 2 to show cause as to why the decision dated 28-5-2003 passed by respondent No. 1 in Complaint C......terfere with the findings of the Labors Court. In the result, the Rule is discharged however, without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 49. ..Category: Labour and Industrial Law | Date: 17 Jun, 2008 | Hits: 30
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....legal force on the father of the plaintiffs the defendants got some paper signed by him to the effect that he would not proceed with the criminal case as well as civil suit. The defendants by putting threat on the life of the plaintiffs as well as their father Abdul Majid and also by applying force ......d in: 29 BLD (HCD) (2009) 347. ......issues were framed which are as under: "1. Is the suit maintainable in its present form? 2. Is the suit barred by limitation? 3. Are the impugned documents vitiated by fraud, coercion and undue influence and are they void, illegal and liable to be set aside? 4. Is the p..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....e arrear sale proceeds of ornament from a person who making conspiracy with police entangled her and others including the present appellant Islam with this false case and that IO compelled her giving threat to make a false statement under section 164 of the Code corroborating the FIR case. 43. In......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia, 11 BLT 294, 8 BLC 235; Nannu Gazi Vs. Awlad Hossain......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....e arrear sale proceeds of ornament from a person who making conspiracy with police entangled her and others including the present appellant Islam with this false case and that IO compelled her giving threat to make a false statement under section 164 of the Code corroborating the FIR case. 43. In......e, 1991 BLD 11; State Vs. Manu Miah, 54 DLR (AD) 60; State Vs. Kabel Mollah, 55 DLR 108; Abraham Vs. State, 58 DLR 598; Rahij Vs. State, 1984 BLD 44 = 35 DLR 439; Abdur Rashid Vs. State, 8 BLC 513; Ananda Vs. State, 41 DLR 533; State Vs. Sabir Mia 11 BLT 294 = 8 BLC 235; Nannu Gazi Vs. Awlad Hossain......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Jaibar Ali Fakir Vs. State, 2008, 37 CLC (HCD)
....ment, the children of Bangladesh are no different from the children of any other country and they ought to get the protection of the law so that they do not make false confession or confessions under threat or coercion. . . When children are taken to record their confessional statements, they must b...... Fakir…………………………Appellant Vs. State…………………………...........Respondent Judgment March 6, 2008. Result: The Criminal Appeal is allowed and the Jail Appeal is accordingly disposed. The Children Act, 1974 (Act No. XXXIX of 1974), se......children of Bangladesh are no different from the children of any other country and they ought to get the protection of the law so that they do not make false confession or confessions under threat or coercion. . . When children are taken to record their confessional statements, they must be accompan..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 113
Jaibar Ali Fakir Vs. The State, 2008, 37 CLC (HCD)
....extremely persuasive to children, who are naturally susceptible to suggestion. Additionally, false confessions and admissions to inaccurate statements are often a juvenile’s reaction to a perceived threat. Children will take the blame for crimes they did not commit just to make the interrogation c.............Appellant Vs. The State.............................................Respondent Judgment March 6, 2008. Reselt: Criminal Appeal No.4953 of 1991 is allowed. The judgment and order of conviction and sentence is set aside. Jail Appeal No.4954 of 1991 is disposed. ......ildren of our country are no different from the children of any other country and they ought to get the protection of the law so that they do not make false confessions or confessions under threat or coercion. We feel, therefore, that prudence demands that when children are taken to record their con..Category: Women and Children | Date: 6 Mar, 2008 | Hits: 174
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....del. Earlier, Zubaed through his Personal Assistant initiated false criminal case against the informant and his men. Zubaed asked deceased Kamal to work for him and if Kamal did not do so, Zubaed threatened him, even disclosed that, he will kill Kamal. This fact was informed to the headmen of ......t High Court Division (Criminal Revisional Jurisdiction) Present: Sharifuddin Chaklader J Nazir Hossain (Md.)....................Petitioner Vs. Zubaed Md. Adel and others.....................Opposite Parties Judgment September 5, 2007. Result:......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
State Vs. Tipu Gazi and others, 2007, 36 CLC (HCD)
....ing him at random; he witnessed the occurrence in the flash of the electric torch and also in the light of electricity; on his query to accused Moti Gazi why they were so chopping him, he (Moti Gazi) threatened him whereupon he ran away for fear of life to his house and narrated the occurrence to th......vision (Criminal Jurisdiction) Present: Sheikh Rezowan Ali J Abdul Awal J The State………………………………………………………….…….State Vs. Tipu Gazi and others……………………………………………..Condemned-Prisoners Judgment ...... once, if not wanted in any other connection. Send down lower tribunal records along with a copy of this, judgment expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 516. ..Category: Criminal Law | Date: 15 Aug, 2007 | Hits: 26
Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....ng bleeding injury in forehead and bone below the elbow of the left hand was cut. When the witnesses and neighbouring people reached there then said accused Opposite party Nos.2-8 left the scene with threat to the complainant of total annihilation of her family members if any case is filed with the ...... August 13, 2007. Result: The Rule is made absolute. Evidence oral or documentary in order to constitute prima facie case in support of the complaint of the offence alleged means and includes only any evidence or material produced by the complainant at the enquiry not the oral t......om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....oever inasmuch as the statement of Audio cassette does not carry any legal value in the eye of law. Moreover, the statement of Kala Palash as recorded in Audio Cassette is product of inhuman torture, threat and coercion under the police custody. The learned Advocate further submits that in this case......iminal Jurisdiction) Present: Md. Ali Asgar Khan J Sheikh Abdul Awal J The State……………………………State Vs. Yeasin Khan Palash alias Kala Palash alias Kaila Palash and others………….Appellants Judgment June 3, 2007. Result: The Appeals are dismis......uch as the statement of Audio cassette does not carry any legal value in the eye of law. Moreover, the statement of Kala Palash as recorded in Audio Cassette is product of inhuman torture, threat and coercion under the police custody. The learned Advocate further submits that in this case the blood ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....s wife Shahana Begum (P.W.4) came out of the house. Accused Safazuddin and Mohsin carried Runa Laila to bamboo clump. Sahana Begum (P.W.4) strived to save her. Accused Safazuddin on displaying dagger threatened Sahana Begum (P.W.4) not to proceed towards them. Accused Mohsin pressed mouth of Runa La......) (2007) 321, 13 BLC (HCD) (2008) 271. ......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Ms. Ok Kyung Oh Vs. State, 2006, 35 CLC (HCD)
....materials for offence under section 10 of Nari-O-Shishu Nirjatan Daman Ain, 2000 as to sexual harassment and during enquiry materials came both for offence as to wrongful confinement of the victim by threat and bearing and assault her by accused. 6. Upon receipt of Enquiry Report above Nari-O-Shi......ting to sexual harassment under section 10 of Nari-O-Shishu Nirjatan Daman Ain, 2000, there will be no scope for the Tribunal to take cognizance of offences under Penal Code like forceful confinement and beating separately in case in the absence of any offence under provisions of Nari-O-Nirjatan Dam......mplaint in Nari-O-Shishu Case no.18 of 2005 by Nari-O-Shishu Nirjatan Daman Tribunal, is upheld. 24. Copy be sent down accordingly. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 26. ..Category: Women and Children | Date: 22 Mar, 2006 | Hits: 84
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....used that marriage of Parul would be given with accused Rafiq formally and socially. But he shifted Parul in the residence of his elder brother in Dhaka breaking his words. For that accused persons threatened him to kill. The deceased being afraid would not go out at night. Out of above grudge t......D (HCD) (2007) 29. ......d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)
....er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ......5. Result: The appeal is allowed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); ss. 164, 364 The Court is required to see not only that the forms under sections 164 and 364 of the Code of Criminal Procedure were complied with but also whether the substance undern......s it transpires from the trend of cross-examination is that of innocence and false implication. It was divulged in defence that the Police extracted the confession from the appellant by torture and coercion. 6. In course of trial the prosecution in all produced 18(eighteen) witnesses, exami..Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....the fact that the petitioner has no personal right either to the property, office and to any contract with the Rajshahi University and there was no breach of such contract or evasion of right or threat to office and as such the appellate Court below has not committed any error in setting asi......l Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being represented by its Vice Chancellor and others……………………………………………………………Opposite Parties ......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is affirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
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