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Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....nt Edition, Volume 44 page 622 "Voluntary" is defined as: 'Voluntary" means a statement made of the free will and accord of accused, without coercion, whether from fear of any threat of harm, promise or inducement or any hope of reward" State Vs. Mullin, 85 NW 2d 598, 60......te, Criminal Appeal No. 19 of 1975; Commonwealth Vs. Chin Kee, 186 NE 253, 260, 283 Mass 248; Emdadul Hoque Vs. State, 57 DLR 21; Ghulam Kadir Vs. Crown, PLD 1950 Bagdad‑ul Jabid 51; Md. Shafi and others Vs. State, Criminal Appeal No.40 of 1966, Md. Sadik Vs. State, PSLA No.157 of 1966, 19 DL...... 57. In Words and Phrases, Permanent Edition, Volume 44 page 622 "Voluntary" is defined as: 'Voluntary" means a statement made of the free will and accord of accused, without coercion, whether from fear of any threat of harm, promise or inducement or any hope of reward"..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....here was no evidence before the tribunal that the jail appellant committed sexual intercourse with the victim without her consent or that he obtained her consent by practising fraud upon her or under threat or that the victim was below 14 years of age. Learned Advocate has submitted that allegation ......ellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appeal No.327 of 2004. Judgment Sheikh Rezowan Ali J.- This jail appeal is directed against the judgment and order dated 27‑8-2003 passed by the learned Nari‑o‑Shishu Nirjatan Daman Tribunal (in......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Bangladesh Homeopathic Medicine Manufacturers Association Vs. Govt. of BD, 2006, 35 CLC (AD)
....pathic drugs and medicines. As a result their trade and business as manufacturers and users of the Homeopathic drugs and medicines as users of alcohol and rectified spirit are now exposed to constant threat of being arrested and harassed for keeping in possession rectified spirit or any liquid or li...... Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz JAmirul Kabir Chowdhury J Bangladesh Homeopathic Medicine Manufacturers Association......Petitioner Vs. Government of Bangladesh and others.. ......... ........... Respondents Judgment April 3, 2005. Lawyers Involved:......t and the petitioners as the users and manufacturers of Homeopathic drugs and medicines can also carry on their lawful trade and business without being harassed under the Narcotics Control Act. ..Category: Health Law | Date: 3 Apr, 2005 | Hits: 759
....ition of complaint that respondent No.5 was inimical to the petitioner from before as respondent No.5 often used to send his men to the petitioner for extorting money by way of gratification with the threat that if his demand was not met transport business of the petitioner will be crippled, go to s....... Joynul Abedin J
Zubayer Rahman Chowdhury J
Salauddin Ahmed ..........................................Petitioner
Vs.
Principal Secretary, Office of the Hon'ble Prime Minister and others.....Respondents
Judgment
March 23, 2005.
Result:
The Rule is made abs......nd respondent No.5 managed so many false criminal cases to be lodged against him. In the process of manufacturing false cases the respondent No.5 tried to extort money from the petitioner by means of coercion and intimidation by coming to the Dhaka office of this petitioner.
10. The case under ..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....under section 342 of the Code of Criminal Procedure, although his attention was drawn to the confessional statement, has stated that confessional statement was obtained by the law enforcing agency by threat, coercion and torture. PW 16, the Magistrate who recorded the confessional statement of the c......de of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of imprisonment for life. Lawyers Involved: Shaukat Ali Khan, Sen......ction 342 of the Code of Criminal Procedure, although his attention was drawn to the confessional statement, has stated that confessional statement was obtained by the law enforcing agency by threat, coercion and torture. PW 16, the Magistrate who recorded the confessional statement of the condemned..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
.... the breach of an obligation existing in favour of the applicant whether expressly or by implication. In the second and 3rd parts of said section, obligation arising from contract and the invasion or threat by the defendant to the plaintiffs right to, or enjoyment of, property have been categorized ...... Ed. This Case is also Reported in: 57 DLR (2005) 273. ......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273. ..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....acilities and premises of BTV for a nominal rent. Lastly, by allowing ETV to set up its office inside the BTV complex at Rampura, the security of BTV, which is a key point installation, is exposed to threat. Thus the respondents, who are under a legal and constitutional obligation to protect nationa......howdhury CJ Md Ruhul Amin J Md Fazlul Karim J KM Hasan J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors &helli......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
....with the defendant Nos. 1-3 (petitioners). They also obtained an order for shifting the school on suppression of an earlier order prohibiting shifting of the school. The said defendants also held out threat to the local people that the school will be shifted from plot No. 87 to Plot No. 331 and, in ...... Present: Md. Ruhul Amin J Syed JR Mudassir Husain J AS Ahammed J Upazila Education Officer & another...............Petitioner Vs. Tara Miah Akhand and others .............Respondents Judgment &n......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....f BTV and its facilities, for a nominal rent. Lastly, by allowing ETV to set up its office inside the BTV complex at Rampura, the security of. BTV, which is a key point installation, is exposed to threat. Thus the respondents, who are under a legal and constitutional obligation to protect nation...... (Civil) Present: Mainur Reza Chowdhury CJ Md. Ruhul Amin J KM Hasan J Abu Sayeed Ahammed J Kazi AT Monowaruddin J Ekushey Television Ltd. and others…………...………………&hellip...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....anakantha's reporters took serious risk to their personal safety, in order to ensure that the justice delivery system can, in fact, work and does not fall prey to high and mighty, or subjected to threat and corruption. Late Journalist Mr. Shamsur Rahman of 'Daily Janakantha' was such a b...... Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. Cases Referred......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
....Md. Alam and Monir were also seen with them. At first the accused Parul Begum was not available in her house and could not be asked whereabouts of the girl. At mid-night, the accused persons came and threatened the informant and others not to disclose the matter and said that the victim would be kil......ent Khondker Musa Khaled J.- This Criminal Appeal under section 24 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (hereinafter will be referred as Act), is directed against the judgment and conviction order dated 30-5-2000 passed by the learned Judge, Nari-o-Shishu Nirjatan Doman Bishe...... the aforesaid evidence on record, it is clear there is no competent witness to give testimony touching the vital question as to whether the victim girl was taken away by the accused under threat and coercion and given in marriage against her will. Victim is the sole competent witness to say about t..Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
.... is of no legal effect, more so, when the child (convict hereof) in his written statement under section 342 Cr.P.C. categorically stated that the confessional statement was procured through coercion, threat and false promise to release him on giving the statement before the Magistrate as tutored by ......02, 206; 7 BLC (2002) HCD, 85. ......een passed on the basis of an uncorroborated confessional statement of the convict who in his statement under section 342 Cr.P.C. clearly asserted that the confessional statement was procured through coercion and false promise of his release if he gives statement as per Police version. Since the Tri..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....eous Case Sessions Judge held that it stood proved that the accused-petitioner held meeting on 3‑5‑2000 and 6‑5‑2000 as alleged by prosecution and holding of public meeting might be termed as threat to prosecution witnesses and petitioner misused privilege of bail. 8. Grounds pressed in......le issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-180 of 2000 cancelling bail to accused-petitioner stands set aside and the order dated 2‑5‑2000 granting bail to accused petitioner is restored. ......to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....hom a warrant of arrest has been issued or wanted in connection with a case may appear before the High Court Division or Court of Sessions for anticipatory bail. In other words, in case of imminent threat of arrest, a person can appear before the High Court Division and pray for anticipatory bai......patory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by the petitioner before it that the criminal proceeding which is being or ......here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Younus Ali and 3 others Vs. State, 1999, 28 CLC (HCD)
....ion Mollahat District Bagerhat, at that time accused Younus Ali and his companions Enayet Sarder and Hasan Sarder came in the house of Akbor Hossain and tried to kidnap the informant upon holding out threat of killing her husband, who is serving in the office of Deputy Inspector General of Police, B...... This Case is also Reported in: 51 DLR (HCD) (1999) 121. ......e Nari-O Shisu Nirjatan Daman Bishes Adalat No.2, Bagerhat is quashed. A copy of the order be sent to the Court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 121. ..Category: Women and Children | Date: 11 Jan, 1999 | Hits: 88
State Vs. Afazuddin Sikder, 1997, 26 CLC (HCD)
....d-night and met Afzal, Ismail and Amirul at the road crossing and returned to his house with them. Going near the door he called his wife when Alal fled away pushing him aside. He pursued him when he threatened him with a dagger. On returning he saw his sister’s husband was slapping Sukitan by cat...... State…………….......................Petitioner Vs. Afazuddin Sikder………………..Respondent Judgment November 24, 1997. Result: The Reference is rejected and the jail appeal is dismissed. Lawyers Involved: Munsurul Huq Chowdhury, Deputy Attorne......Penal Code and he is sentenced to 10 years RI and also to pay a fine of Taka 1000.00 in default to suffer RI for 6 months more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 121. ..Category: Women and Children | Date: 24 Nov, 1997 | Hits: 151
Jarina Khatoon Vs. State, 1996, 25 CLC (HCD)
.... witness in support of the FIR case and the Doctor who examined the informant found no mark of rape and the informant also swore an affidavit before a Magistrate stating that she lodged the FIR under threat and duress from others. The investigating officer also mentioned that he issued notices upon ......………………..................Respondents Judgment August 14, 1996. Result: The appeal is dismissed. The Nari-O-Shishu Nirjatan Daman Ain, 1995, is a selfcontained law and the provision of the Code of Criminal Procedure may be taken in the aid of but not derogatory to......sides we find no merit in this appeal. The appeal is dismissed accordingly. The order of stay passed earlier is hereby Ed. This case is also Reported in:49 DLR (HCD) (1997) 424. ..Category: Women and Children | Date: 14 Aug, 1996 | Hits: 92
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....Lawyers Association (BELA) he filed the Writ Petition in public interest as consumption of imported food item containing radiation level above the acceptable limit and injurious to public health is a threat to the life of the people of the country including himself who are potential consumers of suc...... Dr. Mohiuddin Farooque.....................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Commerce, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, and others ...........................Respondents Judgment July 1, 1996. Result: The Rule is mad......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
....uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ...... Reported in:49 DLR (HCD) (1997) 573. ......the case against the accused persons beyond reasonable doubt. He submits that the confessional statements are neither true nor voluntary and that these were obtained by the police through torture and coercion and were consequently retracted and should not have been relied on by the trial Court for f..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Abdul Kader alias Kadu and others Vs. State, 1994, 23 CLC (HCD)
....window and, on hearing a sound of opening the door, they woke up and recognised the accused persons. P.Ws.2 and 6 further stated that they were silenced by accused Samad with a dao in his hand with a threat not to speak or raise a cry Thereafter accused Samad ordered the other accused persons to kil......lso Reported in:49 DLR (HCD) (1997) 577. ......ngly acquitted and be set at liberty forthwith, if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 577. ..Category: Criminal Law | Date: 16 May, 1994 | Hits: 31
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