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Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
....ant time. If the Magistrate however finds that there is no dispute or there is no likelyhood of the breach of peace he may drop the proceeding without further enquiry but if the Magistrate finds that threat to the peace still continues he need to continue and find as to who was in possession to the ...... Present: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others…………………………...... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......wdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
New Dhamai Tea Estate Limited………… Appellant
Vs.
Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents
Judgment
August 6,1982.
Result:
......ere is also no reason to discard it as a unilateral document when the thumb impression of the respondents' predecessor appearing therein has been proved to be his. No undue influence or coercion or duress in obtaining the thumb impression having been pleaded by the respondents' pre..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....esting the doctor to show her age as 17 years. Then the two accused appellants took her to the house of one Kazi and asked her to marry accused appellant Abdul Quddus @ Nausha. The accused appellants threatened her with dire consequences and by intimidating her they obtained her consent which s......ellip;……………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Abdul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The State, 11 DLR 249; Rashid Ah&......S. Gobindoganj, Dist. Rangpur where she was kept for one day. Then she was taken back to Bogra where accused appellant Abdul Quddus showed a Court-marriage to have been held with her under threat and coercion against her will. Therefrom she was taken back to the house of accused appellant Abdul Qudd..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
.... possibility that the explanation of the accused might be true. 48. In the case reported in 26 DLR 183 the accused appellant participated in a purported bye-election under the constant threat of instant death by the Pak Army. In that case the Special Tribunal which convicted the accus...... Result: The Appeal is allowed. Cases Referred to- AFM Nazmul Huda Vs. The State, 26 DLR 183. Lawyers Involved: Saad Ahmed, Advocate, appellant in person with AT Chowdhury and Sk. Ansar Ali, Advocates— For the Appellant. Mashuque Hossain Ahmed, Advocate— ....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
.... one before us, under article 98 of the Constitution, can be maintained only when a "legal right' or "franchise" appertaining to the petitioner is encroached or otherwise threatened. This restricted application of Article 98 in the shape of the limitation sough...... by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On the......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....d that he did in the normal discharge of his duties and made the following statement : “The day had a special significance as we were meeting Under tragic circumstances, proving a positive threat to our existence. Any threat to Pakistan is a challenge to us individually and collectively. ......of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first part deals with collaboration, the second part deals with the of ideology of Pakistan and the third part deals with the support of the elements inimical to the liberation struggle or cre......sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....ng and substitute the name of the plaintiff-company, Chittagong Office in the place of the defendant. Thereafter, plaintiff's Chittagong office again notified the defendant to take delivery under threat of selling the same at market rate at the cost and risk of the defendant. But the defendant d...... F.O.B. Contract (Free on board contract)– F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payment for the goods be......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....irst be ascertained. 7. On 6-9-65 Emergency was proclaimed by the President of the then Pakistan declaring that "grave emergency exists in which Pakistan is in imminent danger of being threatened by war" and then the President declared that 'we are at war with India" and...... also Reported in: 1 BLD (AD) (1981) 1 ....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....n possessing the suit land but neither the name of his mother or his name was recorded in S. A. Khatin No. 104. Taking advantage of the wrong entry in the S. A. Khatian the defendant were holding out threat to dispossess him from the suit land, and hence the suit. 3. Defendant No.1 alone contes...... Court High Court Division (Civil Appellate Jurisdiction) Present: M. H. Rahman J Dr. Jamiar Rahman Asia Bibi..........................Appellant Vs. Tajuddin Sikder and others............................Respondents Judgment March 22, 1978. Result: ......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ......ul Matin Khan Chowdhhury J Md. Ajmal Khan………………………….......................Petitioner Vs. Chairman, Ctg. Pourashava and others……………Respondents Judgment August 17, 1977. ......efore Major Waliurzaman who directed the police to keep the petitioner in custody till the petitioner had paid the amount as security money. Since the petitioner was under detention and under duress, coercion and intimidation, he issued a crossed cheque No. CBY 430334 dated 3-9-76 for the said amoun..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
....the Sub-Divisional Controller (Ext. A (1). In the letter Ext. 20 Rohini Ranjan specifically took the plea that as their licences has been cancelled they were unable to deal with their stock under the threat of mischief of Defense of India Rules. The learned Subordinate Judge in his judgment observes......DLR (HCD) (1978) 355.
......ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....remained with the actual owners, namely, the defendants No.1 and 4 and so the plaintiffs being merely agents of their principals, viz the defendaats No.1 and 4, there was no question of any threatened or actual injury. The learned Subordinate Judge was also of the view that the injury, if ......visional Jurisdiction) Present: A. M. Sayem CJ D. C. Bhattacharya J Mrs. June Ferguson & others.............................Petitioners Vs. Ameenur Rasheed Chaudhury and others..........Opposite Parties Judgment July 5, 1972. Result: The rule is ...... Tea Estate in suit on the plaintiffs and the circumstances In which the documents were executed by the defendant No.1 were clearly indicative of the fact that some kind of misrepresentation and coercion were exercised on the defendant No. 1 in obtaining her signatures on the deed of agreement ..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
.... and well-designed activities. Since its inception, BELA has undertaken a large number of public interest litigations. The environment and ecology of the country are being continuously endangered and threatened by various activities originating from both public and private affairs. The primary cause......resent:
Syed Mahmud Hossain J
Quamrul Islam Siddiqui J
Bangladesh Environmental Lawyers Association (BELA)………………………………..Petitioner
Vs.
Government of Bangladesh and others…………………………………Respondent
Judgment
January 14, 2010.
Re...... system of the concerned area intact and that no other Ministry shall have any say in this regard.
There is no order as to costs.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 185.
..
Category: Environmental Law | Date: | Hits: 362
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....with effect from 17.02.69. Their Lordships have expressed this view in the said case in the following manner (at page 34 of the report): "The principal ground for promulgation of Emergency was the threat of war to Pakistan and that threat with the revocation of Emergency had ceased to exist on an...... September 17, 1986. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. AKM Razaul Karim, 21 DLR (Dhaka) 493; Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD).......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..Category: Property Law | Date: | Hits: 64
.... the gazette notification.
11. I have gone through the records, judgments of the Courts below and the decisions cited. In 19 BLD (HCD) 608 a suit for perpetual injunction was instituted on simple threat of eviction. Subsequently the defendant in his written statement raised conflicting claims of......ed in:
......above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 57
....nt Lawyers Association (BELA) filed Writ Petition No.4604 of 2004 out of which Civil Appeal No.256 of 2009 stating, inter alia, that the environment of Dhaka city is being continuously endangered and threatened by various unplanned and illegal activities originating both from private and public sect......
Civil
Present:
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Metro Makers and Developers Limited……Appellant (In Civil Appeal No.256 of 2009)
Bangladesh Environmental...... for which the feudal system was abolished about 50 years ago from this soil is being reintroduced by a group of persons and companies by acquiring lands from poor cultivators by means of allurement, coercion, threat, intimidation and other means, much higher ceiling than the law permits to acquire ..
Category: Environmental Law | Date: | Hits: 434
Md. Arman Hossain (Chairman) Vs. State, 2010, 39 CLC (HCD)
.... order of stay granted at the time of the issuance of the rule shall stand vacated. Communicate the order to the court concerned. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 495. ......lice Station Case No.9(1)2002 under section 406/420 of the Penal Code pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed so far as it relates to the accused petitioner and/or pass such other or further order or orders be passed as to this Court may seem fit and proper......any manner' clearly attracts acquiring 'dominion over property' of other person (in this case the complainant) either in lawful manner or in an unlawful manner, for instance by an act of cheating, by coercion or by any other unlawful means. Therefore, the expression 'in any manner' occurring in sect..Category: Criminal Law | Date: | Hits: 116
Haji Mohammad Salim Ullah Vs. State and another, 2009, 38 CLC (HCD)
....egal notice on 03.09.2007 through his lawyer requesting for the payment of the money and accused petitioner after receiving the notice did not pay any money. Moreover the accused petitioner had given threat for endangering the life of him and hence filed the case under section 138 Negotiable Instrum...... (Special Original Jurisdiction) Present: Siddiqur Rahman Miah J Muhammad Abdul Hafiz J Haji Mohammad Salim Ullah……………………………………Petitioner Vs. The State and another………………………………………Opposite Parties Judgment January 27,......nal Procedure. The Rule thus fails. In the result, the rule is discharged. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 416. ..Category: Criminal Law | Date: | Hits: 107
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....tity established to commit murder andto imprison men and women who were deniedtheir constitutional rights. Hopefully, theBangladesh Supreme Court will today, in anatmosphere largely free of the fear, threat andcoercion that so pervaded the past, find its way tooverturning a verdict of a Tribunal whi...... This Case is also Reported in: ......lished to commit murder andto imprison men and women who were deniedtheir constitutional rights. Hopefully, theBangladesh Supreme Court will today, in anatmosphere largely free of the fear, threat andcoercion that so pervaded the past, find its way tooverturning a verdict of a Tribunal which in ever..Category: Criminal Law | Date: | Hits: 154
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
.... India 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......Govt. of West Pakistan, 19 DLR (SC) 403; Baqui Baloch, 20 DLR (SC) 249; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Md. Makhlesur Rahman Vs State, 28 DLR 172; Md. Anwar Hossain Vs. Govt. of Bangladesh and others, 30 DLR 423; Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, 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: | Hits: 78
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