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Major (Retd.) M Asaduzzaman Vs. District Magistrate, Jessore and others, 1999, 28 CLC (HCD)
.... Further section 18 of the Arms Act provides that any gun licence may be cancelled or suspended by the authority by whom the same was granted provided that there are materials showing that there is a threat to security or public peace. Such authority can cancel licence after recording reasons in wri......ion (Special Original Jurisdiction) Present: Md. Fazlul Haque J Md. Abdul Matin J Major (Retd.) M Asaduzzaman……………………..Petitioner Vs. District Magistrate, Jessore and others…………………………Respondent Judgment June 21, 1999. Result: The R......ith effect from its date of expiry (if not already renewed) within 2(two) months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 471...Category: Criminal Law | Date: | Hits: 132
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
....as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451....... hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451.......to have entered: that she had independent and disinterested advice in the matter” In Contract Act (Act IX of 1872) Section 19 is as follows: “When consent to an agreement is caused by coercion, fraud or misrepresentation the agreement is a contract voidable at the option of the party..Category: Property Law | Date: | Hits: 103
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....he saw the accused that time and he cannot identify them all now and the arrested accused were at that time mere children (Bachcha). He also slated that they were interrogated at the camp and "some threat had also been used". He further said that he never saw Ibrahim and whether Ibrahim is alive o......or the State. Criminal Appeal No.137 of 1986. Judgment Anwarul Hoque Choudhury J.- This appeal by the convicted appellant Kazi Ibrahim alias Ibrahim Kazi is directed against the judgment and order dated 19.5.86 passed by the Special Judge, in Special Tribunal Case No.30 of 1984 convic......9A of the Arms Act read with the Special Powers Act. 3. The accused pleaded not guilty and it is their further case that no such recovery took place and the confessional statement is the result of coercion and intimidation. 4. At the trial, the prosecution examined 7 witnesses. The defence n..Category: Criminal Law | Date: | Hits: 97
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... representative. It also offends against Article 7 of the Constitution which provides that all powers belonged to the people but this system of voting directly prevents the people's representative by threat and intimidation of punishment from exercising their part freely and without hindrance as env......Case is also Reported in: 44 DLR (HCD) (1992) 354. ......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
Bangladesh Environment Lawyers Association (BELA) Vs. Bangladesh, 2010, 39 CLC (HCD)
....ized by the Executive Committee of BELA to represent BELA in all proceedings, cases and so on. 3. It is stated that the environment and ecology of the country are being continuously endangered and threatened by various activities originating from both public and private affairs. Amongst the prima...... Bangladesh Environment Lawyers Association (BELA)……………Petitioner Vs. Bangladesh…………..Respondents Judgment June 3, 2010. Result: The Rule is made absolute in part and the injunction order stands vacated. Cases Referred to- Dr. Mohiuddin Faruque Vs. Banglade......he injunction order granted earlier by this Court stands vacated. Communicate this Judgment and order to the respondents accordingly. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 463. ..Category: Environmental Law | Date: | Hits: 1019
Md. Nasir Vs. State, 1989, 18 CLC (HCD)
....ather by dao blow on various parts of his body with the object of robbing his father Nona Mia of the money. Nasir Ahmed was forbidden by Enamul Hoque and Tasir Ahmed to disclose their names under a threat and so appellant refrained from disclosing the name of Enamul Hoque and Tasir Ahmed for fea...... Appellant. Golam Mohiuddin, Advocate—For the State. Criminal Appeal No.97 of 1984. Judgment Syed Fazle Ahmed J.- Appellant Md. Nasir alias Nasir alias Nasir Ahmed along with Nur Nabi and Enamul Hoque were placed on trial before Additional Sessions Judge, Noakhali to answer a charger......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for information and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89...Category: Criminal Law | Date: | Hits: 117
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. 7. The learned Additional Sessions J......ion (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J State……………………………………Petitioner Vs. Nazma Sarker @ Beauty and 3 others ............ Condemned-prisoners (In Death Reference No. 20 of 2008). Rokeya Begum &......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. 7. The learned Additional Sessions Judge, First..Category: Criminal Law | Date: | Hits: 98
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....eneral that the detenu has strong despotic capability and potentiality to create law and order‑situations in the country. His past activities and backgrounds have created alarm and he is a positive threat to tranquility, law and order and public safety. This threat emitted as an outburst in his in......fizur Rahman ..........Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Resul......and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312...Category: Criminal Law | Date: | Hits: 113
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....e. Sohel and Rajib both sons of Siraj Miah on 2/3 occasions dismantled the pillars of the house of Akter Miah and, thereafter, the matter was settled with the members of their families and Siraj Miah threatened Akter Miah to see him. Besides, there was also strained relation between Siraj and Akter ...... ......dy whether or not they make any confessional statement. He denied the defence suggestion that the confessional statements of those accused Jamir and Piyas were obtained by undue threat, influence and coercion. 38. P.W.10 Mr. Abdur Rahman, T.S.I., Brahmonbaria Police Station on 10.8.2005 at 13-00..Category: Criminal Law | Date: | Hits: 105
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....lar political leader of the country. The case has been tried with the political motive of harassing the petitioner who is considered as political foe and opponent of the then government who made open threat that they will file cases through Bureau of Anti-Corruption against Awami League leaders and ......okanuddin Mahmud, Senior Advocate with Mohammad Mutahar Hossain, Advocate - For the Accused-Petitioner. Md. Motahar Hossain, Deputy Attorney-General with Mahbub-ul-Alam, Assistant Attorney-General and Md. Bashir Ullah, Assistant Attorney-General - For the State. Md. Khurshid Alam Khan, Advocat......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..Category: Criminal Law | Date: | Hits: 137
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
.... enclaves involved in the Delhi Treaty because he had raised a constitutional issue of grave importance involving an international treaty affecting the territory of Bangladesh and posing an impending threat to his fundamental rights under Article 36 of the Constitution and his right of franchise. Th...... High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Farid Ahmed J Kartic Das Gupta……………………………Petitioner Vs. Election Commission and others……………………………Respondents Judgment February 15, 2011. Result: ......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..Category: Election Law | Date: | Hits: 217
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... doubt. She further submits that the alleged confessional statement under section 164 of the Code of Criminal Procedure made by convict Abul Hashem is not true and voluntary and same was extracted by threat and putting fear on him though at the time of examination under section 342 of the Code of Cr...... This Case is also Reported in: 63 DLR (HCD) (2011) 242....... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...Category: Criminal Law | Date: | Hits: 112
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
.... existence of improper inducement is established so as to bring the case within the purview of section 24 of the Evidence Act, there is a presumption of the continuance of such inducement, promise or threat and it is the duty of the prosecution to satisfy the Court that the impression caused by the ......LR 97. Lawyers Involved: MA Mannan, Deputy Attorney-General - For the State. Criminal Appeal No. 617 of 2002. Judgment Md. Azizul Haque J.- This appeal is directed against the Judgment and order dated 11-11-2001 passed by the Additional Sessions Judge, Moulvibazar in Session Case No.6......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..Category: Criminal Law | Date: | Hits: 75
Mahatab Vs. State, 2010, 39 CLC (HCD)
....he accused petitioner and others stating that there was long standing litigation between the dead son of the informant and the accused persons; that for those litigation, the accused persons openly threatened the second son of the informant; that three months back of the date of occurrence, the el......ligatory according to law in dispensing justice because it is the duty of Court not only to do justice but also to ensure that justice is being done in order to enable the Court to find out the truth and render a just decision. The statutory provisions of section 540 of the Code are enacted where un......f the case without any delay. The order of stay granted at the time of issuance of the Rule hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 223; 16 BLC (HCD) (2011) 214. ..Category: Criminal Law | Date: | Hits: 97
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....onal statements made by 5 accused persons in this case recorded under Section 164 of the Code of Criminal Procedure are not true and voluntary which have been procured by exercising physical torture, threat and coercion on them. Thus, it is a case of no evidence so far his aforesaid 2 appellants are......risdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … …………………………………………………Petitioner Vs. Md. Saiful Huq @ A. Saiful and 6 others …..Condemned prisoners (In Death Reference No. 134 of 2005) Enayet alias Ena and K......ents made by 5 accused persons in this case recorded under Section 164 of the Code of Criminal Procedure are not true and voluntary which have been procured by exercising physical torture, threat and coercion on them. Thus, it is a case of no evidence so far his aforesaid 2 appellants are concerned ..Category: Criminal Law | Date: | Hits: 93
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....he petitioner directing him to inform respondent No.1 whether he had instructed his lawyer Sharif and Nabi to issue the Demand of Justice notice. It is further stated that such direction is mala fide threat to the petitioner. 5. Dr. Hossain contends that ex facie the impugned notifications supers......tion) Present: AM Mahmudur Rahman J Abu Sayeed Ahammed J Major General Moinul Hossain Chowdhury………………Petitioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Judgment October 23, 1997. Result: The petition...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..Category: Employment/Service Law | Date: | Hits: 244
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....alse statement regarding his illness” and contended that Mr. Atiar Rahman told him on 30-3-83 that he had been called by Mr. Justice Abdur Rahman Chowdhury into his chamber and was compelled, under threat of dire consequences, to withdraw his power. The appellant next contended that his lawyer......of the High Court Division, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of 1983 (Suo Motu) Judgment Fazle Munim CJ.- I have gone through the judgment of Shahabuddin Ahmed, J. and agree with his reasoning and conclusion. I would, however, like to add a few words on some aspec......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...Category: Criminal Law | Date: | Hits: 116
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... 58(4). The whole purpose of the 13th Amendment is to give the people a Constitutional safeguard for exercising their right of franchise freely without any application of force, inducement, duress or threat in selecting the people who will form the government for the next term. 89. On Article 99 ...... Md. Awlad Ali J Mirza Hussain Haider J M Saleem Ullah Advocate, Supreme Court...................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh..............................s voting power to elect representatives of his or their own choice in the election of the Parliament. What was experienced by the political parties and citizens of the country is that intimidation, coercion, undue influence perpetrated by the party in power hampered the normal process of election,..Category: Constitutional Law | Date: | Hits: 215
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....purported to have been executed by Binodi Lal Biswas in order to grab the valuable property, that after the promulgation of Martial Law in 1975 Kotwali Police having been influenced by the plaintiffs threatened the defendant with dispossession and eviction if they failed to recognise the plaintiffs ......gh Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..Category: Procedural Law | Date: | Hits: 74
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....lant thereon being afraid put his signatures on the blank papers to save his life, as the non‑Bangalees (Beharis) used to kill people at that time. Further case of the plaintiff was that due to the threat of defendant No. 1, the plaintiff‑appellant along with the members of his family roamed ove......t Vs. Nuruddin Ansari.... ..................................Respondents Judgment November 25, 1993. Result: The Appeal is allowed in part. Cases Referred to- Abdul Mannaf Khan and others Vs. Bangladesh and another, 38 DLR (AD) 201; Durga Chowdrain v. Jawahir Singh, 17 Indian ......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...Category: Procedural Law | Date: | Hits: 129
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