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....ned to obtain registration being registration certificate No. 07(Bond)/83 dated 20-9-84 (Zone Bonani) with the office of respondent No. 3.
5. After registration, the petitioner was compelled under threat of penal consequence to comply with the SRO No.318 dated 27-6-84 and to pay business turnover......urt Division
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
Md. Miftahuddin Choudhury J
Dr. Md. Habibullah……………………Petitioner
Vs.
Additional Secretary and Member (Appeal and Revision) and others………..Respondents
Judgment
May 15, 2007.
Re......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
..
Category: Administrative Law | Date: | Hits: 491
.... No.3 and 4 being shelterless took possession in 30 decimals of land from the plaintiffs as licensee but in collusion with the defendant No.6 to 9, they were trying to create some false documents and threatened the plaintiffs on 15.12.1986 to dispossess them for which the plaintiffs filed a suit for......
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 13.
..
Category: Procedural Law | Date: | Hits: 165
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....oint out that a number of experts were called by us during the course of hearing of this matter, including the Chief Chemist. They told us that any amount of such hazardous material is a danÂger and threat to the environment and to the persons handling the materials if proper preÂcautions are not ......0 of 2008. Judgment Md. Imman Ali J.- The subject matter of the instant application is the import of an oil tanker plying under various names, including Atlantia, New Atlantia, Ocean Enterprise and lastly M.T. Enterprise (IMO No.7709136). The vessel was imported by M/S. Madina Enterprise (resp......ietor, Madina Enterprise at once by a Special Messenger of this Court at the cost of the petitioner. Sheikh Abdul Awal J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 118. ..Category: Environmental Law | Date: | Hits: 688
Jahirul Haque Vs. State, 2011, 40 CLC (HCD)
....e she along with her son and daughter was going by rickshaw the accused perÂsons being armed with dao, cheni etc, stood in front of the rickshaw and demanded all of their belongÂings by holding out threat of life and also assaulted her. Two accused persons snatched away gold ornaÂments from her n......hahidul Karim J Jahirul Haque…………………………….Appellant Vs. State………………………………Respondent Judgment December 15, 2011. Result: The appeal stands disÂmissed. Cases Referred to- State Vs. Hasen Ali, 4 MLR 287 = 4 BLC 582; State Vs. Bad......st in accordance with law. Send down the lower Court records along with a copy of the Judgment to the Court concerned immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 234. ..Category: Criminal Law | Date: | Hits: 83
.... to claim hearing is one of discretion, which the Court exercises upon due consideration of the facts and circumstances of each case and that any citizen may move the Court in respect of an impending threat of the right and interest of the citizen. In the case of Ekushe Television the following prop......e is also Reported in:55 DLR (2003) 171.
......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
..
Category: Others | Date: | Hits: 113
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
....iff's attorney the defendants were bound to leave the place and while returning they took away about 14 bamboos which were kept by the plaintiff for making another tin shade in the suit land and also threatened the plaintiff that within 2/4 days the defendants would dispossess the plaintiff forcibly......l Revisional Jurisdiction) Present: Syed Abu Kowser Md. Dabirush Shan J Abdul Mannan Mathbar………………………………Plaintiff-Appellant-Petitioner Vs. Nazmul Hoque Majumder and others…………………………Defendant-Respondent-Opposite Parties Judgment May 17,......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
.... the complainant‑petitioner through accused opposite party No.3, Sub‑Inspector of police also attached to the said police station, to pay an illegal gratification of Taka 50,000.00 and held out a threat that if he refused to do so he would create disturbance in various ways in running his fish g......Division (Criminal Revisional Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Joynul Abedin J Fakir (Md.) Tariqul Islam………………….………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20, 1996. Re......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ..Category: Criminal Law | Date: | Hits: 130
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
.... stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of sections 386 and 387 of the Penal Code are confined to cases which remain only upto the stage of 'threat', but once the act of extortion is actually committed, secÂtions 383 and 384 of the Penal Co......aq Ahmed………………………………Appellant Vs. State………………………Respondent-Opposite-Party Judgment March 25, 2010. Result: Criminal Appeal No.190 of 2005 stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of s......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..Category: Criminal Law | Date: | Hits: 62
Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)
.... recovery of arms from the possession of convict appellant. 16. P.W.5 is another witness of seizure list and he proved his signature marked Ext-1/3. P.W.5 put his signature on a white paper at the threat of police but he did not see any recovery of arms from the possession of convict appellant. A......ant (In Custody) Vs. The State…………………………Respondent Judgment May 8, 2007. Result: The appeal is allowed. The Arms Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for con......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ..Category: Criminal Law | Date: | Hits: 65
Abdul Quader Farazi Vs. Chief Election CommiÂssioner, Bangladesh & others, 1998, 27 CLC (HCD)
....e in the said centre on the date of election, filed an application in advance on 21‑12‑97 to the respondent No.5 stating that the petitioner and his terrorist party was moving in the locality and threatening the independent voters. He also intimated the same fact to the joint Secretary and Elect......iding officer or the returning officer did not make any complaint as to the manner of the voting, but from the result, the total votes appeared to have been so received by the petitioner figuring 876 and the number of total valid votes being 870, the obvious conclusion is that rigging took place. In...... is found that sometimes statutory functionaries on the spot do not make timely report as to any disturbance during poll or large scale rigging at the time of counting of ballot papers either through coercion or from dishonest motive. So, the general rule that when election has been held peacefully ..Category: Election Law | Date: | Hits: 591
Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....nds and veins of two legs, broke the bones of his body with Chapati, Chinese axe and they also cut different parts of the body of the victim Shah Alam Babul. It is further stated that accused persons threatened Sobhan, Kashem and Shahidulah not to disclose the occurrence to anybody; that Sobhan and ......ablishment of charge against accused lies upon prosecution which must prove charge substantially as laid down i.e. to prove to guilt beyond all reasonable doubt on strength of clear, cogent, credible and unimpeachable evidence. Proof of charge must depend upon judicial evaluation of totality of evid......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ..Category: Criminal Law | Date: | Hits: 85
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....igging. On the other hand, the defence suggested that some of the members of the Awami League and Juba League etc. in that constituency were arrested by the law enforcing agencies because they were a threat to free and fair election. The Petitioner admitted that he did not make any written complaint......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment September 14, 2003. Result: The Election Petition is allowed. Whether submission of the expenses return is substantial compliance of the law and swearing of the affidavit at the end of the return is a mere formality. The swearing of an a...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ..Category: Election Law | Date: | Hits: 300
....at cannot be retainable by any individual and the record of rights was correctly prepared. Their possession was not lawful, the government has got every right to evict them but denied having held out threat to evict the plaintiff.
6. On the pleadings number of issues including the one whether the......on
(Civil Revisional Jurisdiction)
Present:
Mohammad Abdur Rashid J
Md. Monowarul Hoque………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
Result:
Th......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
..
Category: Property Law | Date: | Hits: 100
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
.... that he moves about with illegal Indian entrants into BanÂgladesh, in ground No.4 it is stated that he directs illegally armed miscreants, in ground No.5 his acÂtivities are alleged to have become threat to the sovÂereignty of the State and in ground No.7 his activiÂties have been termed as pre...... of detention with a view to preventing a person from doing a prejudicial act within the meaning of section 2(f) (i) of the Special Powers Act. Any such order of detention is without lawful authority and as such, the detention of the detenu on the basis of this order must also be deemed to be withou......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ..Category: Criminal Law | Date: | Hits: 74
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....tim by the appellant Billal and co-convict Saiful from his residence half an hour before his murder, recovery of the body of the victim from near the Mirpur Bus Stand No.1, Billal's offer of love and threat to the P.W.2 Mokseda how she would lead conjugal life with the victim before the occurrence, ......¦â€¦â€¦â€¦â€¦â€¦â€¦..Appellant Vs. Zakaria Kabiraj……………………………Respondent Judgement May 13, 2012. Result: The death sentence is rejected. The criminal appeal and the jail appeal are allowed in part. Cases Referred to- Anisur Rahman Vs. State, 6 BLD (AD......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..Category: Criminal Law | Date: | Hits: 147
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ...... Shaukat Ali ..................Petitioner [In Writ Petition No. 305 of 1987] Abdul Matin ...................Petitioner [In Writ Petition No. 306 of 1987] Vs. Chairman, Labour Court, Khulna and others ................Respondents Judgment March 1, 1992. Result: The rules are dis......ed the prosecution witnesses who were examined in his presence. It has been denied by the respondent Nos.2 and 3 that the Enquiry Committee took signature from petitioners on 17/18 blank papers under coercion and submitted that thepetitioner actually signed the papers before the Enquiry Committee af..Category: Labour and Industrial Law | Date: | Hits: 182
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
....ent, the children of our country are no difÂferent from the children of any other country and they ought to get the protection of law so that they do not make false confession or conÂfessions under threat or coercion. We feel, therefore, that prudence demands that when children are taken to record..........Respondent Monir Hossain @ Tutul....................................Appellant Vs. The State.....................................................Respondent Judgment May 8, 9, 10, 11 and 12, 2011. Result: The Death Reference is rejected and the Jail Appeals and Criminal Appeal......hildren of our country are no difÂferent from the children of any other country and they ought to get the protection of law so that they do not make false confession or conÂfessions under threat or coercion. We feel, therefore, that prudence demands that when children are taken to record their con..Category: Criminal Law | Date: | Hits: 98
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... with intent to grab the property of the deceased Hanif Sarker and that the confessional statements have been obtained from the confessing accused Nazma Sarker @ Beauty and Rokeya Begum by exercising threat and coercion and the same are not true and voluntary. 8. The learned Additional Sessions J...... High Court Division (Dhaka) (Criminal Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdndul Haque Azad J State........................Appellant Vs. Nazma Sarker @ Beauty and 3 others & another absconding convict Ahidul…………..Condemned-prisoners ......t to grab the property of the deceased Hanif Sarker and that the confessional statements have been obtained from the confessing accused Nazma Sarker @ Beauty and Rokeya Begum by exercising threat and coercion and the same are not true and voluntary. 8. The learned Additional Sessions Judge, First..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....ithout finding any inherent infirmity and/or contradictions there in making the same unworthy of credence. In the context of prevailing deteriorating law and order situation in the society where open threat is given to the witnesses not to depose in support of the prosecution case the difficulty of ...... Supreme Court High Court Division (Criminal) Present: Kazi Ebadul Haque J Md. Abdul Quddus J Dulal Miah @ Dulal @ Nurun Nabi……………………Petitioner Vs. Ruhul Amin and others………………Opposite Party Judgment August 2, 1998. Result: The Rule is......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..Category: Criminal Law | Date: | Hits: 76
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ...... ......the suggestions put forward to the P.Ws. on their behalf is that they are innocent and they have been falsely implicated in the case basing on confessional statement which was procured by torture and coercion. 10. On consideration of the facts and cirÂcumstances of the case and evidence on recor..Category: Criminal Law | Date: | Hits: 106
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