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Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
....rish Ali (42) entered into the house of the informant by force and demanded Tk. 6,00,000/- for exchange of their forged land properÂty. On 20.4.2007 at 12:00, accused Md. Anwar Ali and Md. Latib Ali threatÂened the complainant to give them the said amount of money and withÂdraw the suit. Accused ......007 before the cognizance Court No.1, Sylhet stating, inter alia, that accused, namely, (1) Chowdhury Ataur Rahman Azad (40), (2) Baul Karim Herai (55), (3) Md. Latib Ali (30), (4) Md. Anwar Ali (35) and (5) Idrish Ali (42) entered into the house of the informant by force and demanded Tk. 6,00,000/-......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..Category: Criminal Law | Date: | Hits: 84
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
.... 5. The complainant-opposite-party No.2 and witnesses have every right to have copies of the said MoU. When the complainant-opposite-party No.2took initiative to get a copy of the said MoU, fearÂing threat to life and security, a GD Entry was lodged with the Motijheei P.S. 6. The MoU contained i......sion (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul Hoque J Golam Mahbub (Md.)……………………………. Accused-Petitioner Vs. State and another………………………….Opposite Parties Judgment May 9, 2011. Result: ......rder passed in this case stands vacated. Let a copy of this Judgment and Order be transÂmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ..Category: Criminal Law | Date: | Hits: 100
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....commencement of the trial, it is only at the time of his examination under section 342 Cr.P.C. that he for the first time alleged that the confessional statement was extracted from him by torture and threat and the same was not true and voluntary. In this case reference may be had to the decision of...... Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kashem and others Vs. State, 42 DLR 37; Sheikh Ah......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....search without any warrant in the house at night and there were altercations and exchange of hot words between the petitioner and police officers including those of the CID and on every occasion they threatened the petitioner to teach a good lesson which, according to them, she would never forget in...... June 24, 1997. Result: The Rule is made absolute. Cases Referred to- Queen Vs. Blake, 1844 6 QB 126; 2 BLC (AD) 75; Khondker Maniruzzaman Vs. State, 17 BLD (1997) 11; AKM Mohinus Sakh and others Vs. State, 45 DLR 386; 17 BLD (AD) 54. Lawyers Involved: Mahbubur Rahman with Farah......der these situations she was taken to the Court of a Magistrate who took her signature on a statement which was not made by her. The signature was given in the statement, involuntarily, under duress, coercion, pressure, torture and inducement which in no way was voluntary or true. That when she was ..Category: Criminal Law | Date: | Hits: 107
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....here was an order for sending her to hajat. Thereafter, on her reproduction the confessional statement was recorded. This indicates that the same was secured by undue influence, coercion, torture and threat. In view of the nature of the materials collected by the prosecution Mr. Rahman submits that ......vision Judgment here. Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Mahmudul Amin Choudhury J S A N Mominur Rahman J Jobaida Rashid, wife of Khandakar Abdur Rashid………………………………….Petitioner Vs. State…………â€...... present case though there was an order for sending her to hajat. Thereafter, on her reproduction the confessional statement was recorded. This indicates that the same was secured by undue influence, coercion, torture and threat. In view of the nature of the materials collected by the prosecution Mr..Category: Criminal Law | Date: | Hits: 82
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....nt to displace the prima facie position that a creditor is entitled ex debito justitiae to winding up order. "It is wrong to unnecessarily resort to winding up proceedings because there is an implied threat in them to bring disaster to the company and because an odium is also attached to such procee...... Vs. Air Route Service Limited, others......................Respondents Judgment June 11, 1995. Result: The company, Air Route Service Limited is hereby wound up with immediate effect and the Official Receiver of the Government is hereby appointed as the Official Liquidator of the af......ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ..Category: Company Law | Date: | Hits: 145
....nd users of the homeopathic drugs and medicines have been adversely affected. The manufacturers of 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......n
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
AS Mamun J
Bangladesh Homeopathic Medicine Manufacturers Association…………….Petitioner
Vs.
Bangladesh and others................................................................Respondents
Judgment
......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
..
Category: Others | Date: | Hits: 341
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
....he house, including the accused appellants Dulal Howlader, Ali Hossain and Monir Hossain who were recognised by Askander Ali. A demand for Taka 25,000.00 was made and was refused. The miscreants then threatened them and left with articles worth Taka 25,600.00. Later Askander Ali narrated the whole i...... Abdur Rouf, Assistant Attorney-General - For the State. Criminal Appeal No.897 of 1993. Judgment K M Hasan J.- This appeal at the instance of the appellants is directed against the Judgment and order dated 15.5.93 passedby the learned Special Tribunal Judge No.3, Barisal, in Special Tribun....... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ..Category: Criminal Law | Date: | Hits: 132
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....nd Basak and she is the daughter of one Krishna Chandra Basak who died leaving behind 3 sons who left for India in the year 1950. Defendants are in possession of suit property long before 1960. Under threat and coercion Plaintiffs husband realized some money from some of Defendants posing himself to......: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......d she is the daughter of one Krishna Chandra Basak who died leaving behind 3 sons who left for India in the year 1950. Defendants are in possession of suit property long before 1960. Under threat and coercion Plaintiffs husband realized some money from some of Defendants posing himself to be the own..Category: Procedural Law | Date: | Hits: 108
Ferdousy Begum (Doli) Vs. Mahela Khatoon and others, 1996, 25 CLC (HCD)
....ceed in her attempt to evict the petitioner. Thereafter the petitioner lodged General Diary with the Mirpur Police Station. In spite of such GD the opposite party 1 did not stop rather continuing her threat to dispossess the petitioner forcibly. 3. Mr. Fariduddin Md. Reza contends that although t...... High Court Division (Special Revisional Jurisdiction) Present: AM Mahmudur Rahman J Nurul Islam J Ferdousy Begum (Doli)………………………Petitioner Vs. Mahela Khatoon and others……………………………Opposite Parties Judgment December 10, 1996. Res......or the aforesaid reasons we do not find any substance in this petition. The result is; we reject the petition in limine. No costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 313. ..Category: Civil Law | Date: | Hits: 121
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....en us about any such executive ordinance of the Chittagong University concerning the Chittagong Medical College. As the occurrence took place within the Chittagong Medical College campus causing a threat to the academic atmosphere of the institution and the principal of the college is responsib.....................Petitioner [Writ Petition No. 2195 of 1993] Rabiul Karim…………………………….Petitioner [Writ Petition No. 2195 of 1993] Vs. Principal, Chittagong Medical College and others.....................Respondent Judgment May 17, 1994. Result: The Rules are a...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..Category: Others | Date: | Hits: 168
Abdus Sukur Mia Vs. State, 1994, 23 CLC (HCD)
....tion Report was not such a material omission as to falsify the prosecution case. Further, from the order‑sheet of the case it appears that since investigation of the case the accused started giving threat to the father of the victim and the prosecution witnesses against continuing prosecution case......ate…………………………Opposite Party Judgment June 19, 1994. Result: The appeal is dismissed with modification of sentence. Cases Referred to- Firoza Begum Vs. Harmuz Ali and another, 40 DLR 161; Nurul Islam & others Vs. State, 40 DLR 122; Nurul Islam Vs. State, 27 D......gly ordered. The appeal is thus dismissed with the above modification of sentence only. Send down the records of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 228. ..Category: Criminal Law | Date: | Hits: 135
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....place when he woke up from sleep on hearing the cry of Biraja and as soon as he opened the door, 2/3 persons who were standing there focussed their torches towards him and asked him to keep quiet and threatened him with inflicting ballam blows. P.W.2 claimed in his evidence that at the time of occur...... ...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..Category: Criminal Law | Date: | Hits: 139
....he remedy provided under the section, must establish that he is entitled to a legal character or has a proprietary interest requiring protection from the Court. He must also establish that he faces a threat to his right from defendant. In our present case the plaintiff’s legal character was not at......nt:
AKM Shafiuddin J
Principal, Barguna Darul Ulum Nesaria Alia Madrasha……………………….Petitioner
Vs.
Secretary, Ministry of Health, represented by the Civil Surgeon Barguna and others……………………………………………………Opposite Parties
Judgment
......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542...
Category: Procedural Law | Date: | Hits: 146
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
....udicial acts. It has also been averred that there were sufficient materials before the detaining authority to satisfy itself that the detenu indulged in prejudicial acts and if not detained will be a threat to the maintenance of law and order in future. Consequently, according to the contesting resp......Ahmed J Hasina Karim…………………….Petitioner. Vs. The People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Building, Dhaka and others……………………Respondents. Judgment February 5, 1992. Result: ...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..Category: Constitutional Law | Date: | Hits: 299
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....ngal or that he gave the leadership from behind the scene to encourÂage any movement for the re‑emergence of the subÂcontinent or that he was connected with such moveÂment in any manner so as to threaten the sovereignÂty of the State and cause prejudice to the mainteÂnance of good relationshi......gladesh, 31 DLR (AD) 1; Rawshan Bejoya Shawkat Ali, 18 DLR (SC) 214; Mrs. Sajaeda Parveen Banu, 40 DLR (AD) 178. Lawyers Involved: Amir‑ul Islam with Mesbahuddin, Md. Ruhul Amin Bhuiyan and Enayet Hossain, AdvocatesÂFor the Petitioner. Amirul Kabir Chowdhury, Deputy Attorney Gen......The Rule is, accordingly, made absolute. Let an advance order be sent to the SuperintenÂdent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....ack after the occurrence with his grand-father. On his arrival he found his mother lying dead in the west bhiti hut. He also said that his grand-mother asked him and his sister not to cry holding out threat to them. P.W.2 Diba and P.W.3 Bacchu Miah in their evidence has narrated certain circumstance......DLR (HCD) (1989) 349.......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349...Category: Criminal Law | Date: | Hits: 101
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....o his home; that on 13.8.85 the condemned prisoner came to the house of the informant in the evening and asked for payment of said money silting at the house of co-accused Serajuddin and held out the threat that unless the money is paid a serious consequence would folÂlow. After dusk the accused de......Sarker J DM Ansaruddin Ahmed J State…………………Appellant Vs. Manik Bala…………………Respondent Judgment December 5, 1988. Result: The reference is rejected and the Jail appeal is allowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General wit......s acquitted of the charge. Let the condemned prisoner be set at liberÂty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...Category: Criminal Law | Date: | Hits: 142
Abul Kashem & anothÂer Vs. State, 1990, 19 CLC (HCD)
....that identity and ownership of the rickshaw van was not clearly established and that the two confessional statements of the accused persons are neither volunÂtary nor true and those were obtained by threat and torture and that the same were written in blank sheets of paper with signatures of the ac......ida Begum Vs. the State, PLD 1978 SC (AJ & K) 102; State Vs. Badiuzzaman, 25 DLR Dhaka 41; Palka Narayan Swami Vs. Emperor AIR 1939 (PC) 47; Ratan Kha Vs. The State 40 DLR 186; State Vs. Lalu Mia and anÂother, 39 DLR (AD) 117=1987 BLD (AD) 212; Srikantia Vs. State of Mysore AIR 1958 (SC) 672; B......e murdered Khalil. There is no suggestion to them that the accused were beaten or tortured or any inducement given or promise made to them by the said witnesses and by inducement, promise, threat and coercion they have compelled the accused to make the confession admitting that they had murdered Kha..Category: Criminal Law | Date: | Hits: 147
Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)
....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......e the Election Tribunal who filed the Election Petition stating, inter alia, that he contested the election of 8, Durgapur Union Parishad under PS Mirsarai, in the election that took place on 22-1-92 and that in the polling station of East Durgapur Primary School he secured 194 votes while the petit......ng away the Presiding Officer or agents of the rival candidates and then stuffing the ballot boxes with ballot papers and then obtaining a favourable 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: | Hits: 248
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