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Zakir Hossain (Md.) @ Jakir Hossain Vs. State, 1994, 23 CLC (HCD)
....ng the door and called in P.W. 2 marriage registrar Nurul Islam and accused Lutfor snatching away the marriage register book from P.W. 2 obtained signature of victim P.W. 5 in the said register under threat of stabbing her with a knife and accused Azad obtained her thumb impression with the ink of c......ecution is faced with the difficulty of gathering evidence to bring home the charge against them. In the instance case there was no prayer on the part of the prosecution to pardon accused Nurul Islam and to treat him as an accomplice witness. Moreover P.W. 2 did not make full and true disclosure of ......a and Azad who are already on bail granted by this Court be discharged from their bail bonds. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 287, 14 BLD (HCD)(1994) 509 ..Category: Criminal Law, Women and Children | Date: 8 Mar, 1994 | Hits: 1
Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)
....f Amiruddin P.W. 7 was said to have heard some hue and cry in the house of accused Rahim on 10. 12.87 in the night and some others also heard the same and he also came to know that Sattar, Rahim, Amu threatened him. Then on getting an information that a dead body was floating in a pond named Padda P......(HCD) (1994) 212 ......ble time for reflection, put in relevant and necessary questions for ascertaining that the confessing accused was in fact making voluntary statement and he was not under any inducement, intimidation, coercion or torture. Thereafter he recorded the confessional statements of the 3 accused one after a..Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... lathi, sulfi and formed an unlawful assembly and attacked the petitioner in the case land, But due to the intervention of the neighbouring people they left the place. The opposite parties constantly threatening the petitioner to disposess and cut the paddy grown by him and there arose apprehension ......iminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Soleman (Md.).....................................Petitioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment December 2, 1992. Result: ...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Abul Hossain and others Vs. State, 1992, 21 CLC (HCD)
....d other articles of the passengers, in all worth Tk. 30,945/= and it occurred at about 9.45 P.M. at night. The dacoits, according to the informant, were armed with dagger and torch light. One of them threatened the passengers by uttering, "ruscal, give me money, otherwise I shall kill you with ...... .......Ws. their case appears to be a plea of false involvement on suspicion only and that the alleged confessional statements involving the makers and some other co-accused are the products of torture and coercion by the Police. On closer of the evidences, the accused persons were examined under Section&..Category: Criminal Law | Date: 23 Aug, 1992 | Hits: 6
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....on was extended for further 3(three) months. While the petitioner was in detention the respondent No. 3 Dr. Mahiuddin Khan Alamgir, the then Managing Director of the Bangladesh Shilpa Bank constantly threatened his wife and brother who was a Director of the Company to come to terms. The Bank also fi......dul Jalil J Qazi Shafluddin J Mirza Ali Ashraf..................................Petitioner Vs. The State, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh and others ..........................Respondents. Judgment February 3, 1991. Cases Referred......was given to understand that unless the Mill is transferred according to the direction of the Bank Authority he would not be released and other Directors also would be taken into custody. Due to such coercion the petitioner and other Directors transferred all their shares in favour of the party nomi..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Wajear Rahman Moral (Md) Vs. The State, 1990, 19 CLC (AD)
....peal nor in his petition for special leave to appeal against the High Court Division's order of conviction and sentence the appellant took any plea that his confession was extorted by coercion or threat or that lie was materially prejudiced for not being examined under section 342 of the Code. H......cquittal when there is his clear confession admitting his guilt Statements elicited from a witness in cross examination, the most effective of all means ever invented for the discovery of truth and exposing falsehood, are a part, a very important part, of evidence before Court. Before drawing ......randum of appeal nor in his petition for special leave to appeal against the High Court Division's order of conviction and sentence the appellant took any plea that his confession was extorted by coercion or threat or that lie was materially prejudiced for not being examined under section 342 of..Category: Criminal Law | Date: 20 Aug, 1990 | Hits: 84
Abdur Rouf Miah Vs. Fazlur Rahman and others, 1990, 19 CLC (AD)
....n a fair and honest manner. But he is also subject to the Election Rules. Subject to this observation the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 23. ...... Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdur Rouf Miah ...........................Petitioner Vs. Fazlur Rahman and others..............Respondents Judgment June 27, 1990. Result: The petiti......away the Presiding Officers or agents of the rival candidates and then stuffing the ballot boxes with ballot papers and then obtaining a favorable result‑sheet from the Presiding Officer, either by coercion or by purchasing his honesty. In such circumstances, the Election Commission has got power ..Category: Election Law | Date: 27 Jun, 1990 | Hits: 139
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....d for two years. He also denied that any salish had taken place in the village regarding the alleged contract for sale of the suit land. In his cross examination he denied to have given any threat to dispossess the plaintiff from the suit land. He stated that the plaintiff barga culti......ivision (Appellate Jurisdiction) Present: Md. Ismailuddin Sarker J Muhammad Ansar Ali J Sheikh Salimuddin................................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: T......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
.... the detenu was recorded under section 164 of the Code of Criminal Procedure wherein she stated that she accepted the religion of Islam and married Nawshed Bepari out of her free will and without any threat, force or inducement from any quarter. 6. As the offence under section 4(b) of the Ordin......Result: This Rule is discharged. In the present case it has been categorically found by the Special Tribunal that at the time of occurrence that is in 1986 the detenu was aged in between 16 and 17 years. Since the Tribunal found her age in between 16 to 17 years at the relevant time, she w......e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Ananda and others Vs. State, 1989, 18 CLC (HCD)
....g for some other destination and after walking for a whole day Swapan took her to village Bahirchar at his uncle's house and it was alleged that all-through this long journey on foot she was always threatened with a dagger by Swapan. She slept there on that night and on live next morning Swapan to......Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533.......not wanted in connection with any other case. The suo motu Rule for enhancement is discharged. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 533...Category: Women and Children | Date: 24 May, 1989 | Hits: 143
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....e statement and that the statement was not voluntary and true. P.W.18 the Investigation Officer also denied the defence suggestion that accused was tortured at the police station and he was threatened to make the confessional statement and that he remained present at the time of recor...... Commutation of the sentence of death to imprisonment for life. The Evidence Act, 1872 (Act No. I of 1872); Section 27 The Code of Criminal Procedure (V of 1898); Section 164, 342 and 364 Discovery of the dead bodies are relevant fact for finding out the clue The c...... condemned prisoners Hazrat Ali and Abdur Rahman are innocent and they have never committed the alleged offence. They were tortured by the police and were compelled to make statement under duress and coercion and were kept under and produced from the police custody before the magistrate. The confes&..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....ub-Divisional Officer, Sadar (North) for enquiry and after enquiry the relevant Magistrate directed the plaintiff to vacate the suit land and to hand over possession of the same to the defendant. The threat of the Magistrate and the claim of defendant No.2 having cast a cloud on the plaintiff’s ti......eries Vol. 7 page; 34 AIR 1958 Punjab 335; ILR Pat, Vol. 25 412; Azad Jammu & Kashamir, PLD 1960 page 26; 265 DLR 490. Lawyers Involved: Habibul Islam Bhuiya, Advocate - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgmen......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467...Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......990) 79. ......f time in a neutral home or any other place with a view to ascertain what the free will of the person concerned is. Such a course is usually taken in order to enable such a person to be free from any coercion or influence that might have been exercised over him or her. It is thought that such person..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
.... The petitioner listed in his application particulars of 23 dead voters and 389 voters who were absent on 6.3.84 iii) The opposite party No.1 and his followers applied violence, force, threat, coercion, undue influence and intimidation on the voters and forced them to cast their ...... Rule is discharged. Cases Referred to- Imam Hossain Bepari Vs. Election Tribunal, 31 DLR 381; Mohammad Hashem Vs. Safdar, ILR 14 (Lahore) 473; Bij Mohan Singh Vs. Priya Brata Narayan Singh and others, AIR 1965 (SC) 282. Lawyers Involved: M.A. Karim—For the Petitioner. ......itioner listed in his application particulars of 23 dead voters and 389 voters who were absent on 6.3.84 iii) The opposite party No.1 and his followers applied violence, force, threat, coercion, undue influence and intimidation on the voters and forced them to cast their votes in..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....dia and then returned to Bangladesh to indulge in subversive activities. The detenu was and still is a terror to the people at large and to the business community of the locality and a potential threat to the peace loving and law-abiding citizens of the society. As a result of his criminal acti......irs & others..........Respondent Judgment December 11, 1985. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Baqui Baloch, 20 DLR (SC) 249;......t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
.... before Magistrates. The said statements of P.W.3 have not been challenged at all in cross-examination. There is no evidence that the said confessions were not voluntary or that they were obtained by threat, coercion or inducement. On the basis of the said confessional statements appellants Emran Al......rate who recorded it. When the confession has been recorded in accordance with law by observing all the formalities prescribed by law (i.e. by observing all the formalities prescribed by Ss. 164 and 364 Cr.P.C.) and the said confession duly taken is tendered in the Sessions Court, it prove......Magistrates. The said statements of P.W.3 have not been challenged at all in cross-examination. There is no evidence that the said confessions were not voluntary or that they were obtained by threat, coercion or inducement. On the basis of the said confessional statements appellants Emran Ali, Alkes..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
....l who was himself a retired police officer. The Investigating Officer put the appellant to illegal detention at his own house for 5 days and obtained the judicial confession by torture, beating, threats, intimidation and inducement. The learned Additional Sessions Judge convicted and sentenced ..........................Respondent Judgment October 25, 1984. Result: The Appeal is allowed. Cases Referred to- Nazir Ahmed Vs. King-Emperor, AIR 1936 (P.C) 253; Nurul Haque and others Vs. State 20 DLR (Dhaka) 780. Lawyers Involved: Azizul Haque—For the Appe....... Let the records be sent back immediately. Mohammad Abdul Wahab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....rge Mohammadpur to treat the same as F.I.R. It further appears that the petition which was filed before the Magistrate whereupon a Judicial enquiry was ordered was withdrawn by the complainant due to threat given to him by the petitioners. Be that as it may, it appears that the learned Sessions Judg..................................................Respondent Judgment March 11, 1984. Result: The Rule is discharged. Cases Referred to- Abul Hossain Sana Vs. Suwalal Agarwala and another, 14 DLR 96; Md. Mostafa Chowdhury Vs. Lila Rani Naundi, 22 DLR 199; Habibullah Chowdhury......ny substance in any of the contentions of the learned Advocate for the petitioners. In the result, the Rule is discharged. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 111. ..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
A.B.M. Hassan Kabir Vs. Umesh Chandra Dey & others, 1983, 12 CLc (HCD)
....ding under section 145 Cr.P.C. to recover possession of the proceeding land, which power evidently, the Magistrate does not have under the said section. Being admittedly out of possession any alleged threat to peace over the dispute could only have been at the binding of the first party-petitioner h......urt High Court Division (Criminal Revisional Jurisdiction) Present: A.T.M. Afzal J A.B.M. Hassan Kabir.......................................Petitioner Vs. Umesh Chandra Dey & others.......................Opposite Party Judgment October 19, 1983. ......e petitioner are irrelevant. The Sessions Judge has rightly quashed the proceeding and the rule is, accordingly, discharged. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 18 ..Category: Criminal Law, Procedural Law | Date: 19 Oct, 1983 | Hits: 1
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....d his name to be recorded in settlement records but both the Court found that it was done because the plaintiff was in good terms with the defendant and plaintiff being in possession had no threat to his actual Title. All these were arrived at by both the courts below with cogent reasons. ...... Respondent. Appeal from Appellate Decree No. 693 of 1968. Judgment Anwarul Hoque Chowdhury J.- This appeal at the instance of the defendant Jaha Baksha Par, son of late Madhu Par and on the death of said appellant his heirs namely, Mozem Par, Ahmed Ali Par and Asmani Bibi is dir......ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
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