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.... sent her brother-in-law Sheikh Fazlur Huq to the army camp, who informed her that the victims were arrested by the army. Sheikh Fazlur Huq also told her that if they do not leave the place, the army threatened to arrest them as well. Knowing about the threat, she along with other family member..............................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, 2015.
Result:
The conviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
..
Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....h other. However the girl in the next sentence uttered that she had no consent in allowing sexual intercourses. In the written FIR (Exbt: 1) it was stated that die appellant committed rape under threat brandishing a knife. But Malati (P.W. 2) herself did not say so. But the whole thing, to......nbsp; Result: The appeal succeeds. Case Referred to- Sohel Rana Vs. State, 57 DLR 591; Seraj Talukdar Vs. State, 6 BLT (1998) 82 = 3 BLC 182; Jayanti Rani Panda Vs. State of West Bengal, 1984 Cri. LJ, page 1535; R Vs. Clarence, (1886-90) AER Report: 133. ......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....nd nebulous.
The memo does not indicate that the petitioner misused or abused the terms and conditions of the licence. No concrete materials are forthcoming on record that he posed any threat to the security of the public peace by abusing his gun…………&hellip...... Original Jurisdiction)
Present:
Moyeenul IslamChowdhury J
Md. Ashraful Kamal J
Hafizur Rahman Nafor...................Petitioner
Vs.
Secretary, Ministry of Home Affairs and others.........Respondents
Judgment
March 2, 2015.
Result:
The ......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 20 BLC (HCD) (2015) 279
..
Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....declaration of title and that suit, if brought within 6 years from the date of such invasion, is well within time. The argument that this suit being filed within 6 years from the date of alleged threatened invasion on plaintiff's right on the basis of wrong entry of the suit land in records......mun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shahin Reza (Md.)……………………..Appellant Vs. Nasiruddin Howlader and others………Respondents Judgment June 5, 2014 Result: Thi...... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....alsely just to humiliate them; the confessional statement made by accused-Bazlur Rahman was neither voluntary nor true and the same was extracted from him by inhuman police torture, oppression, threat and intimidation. The story of hatching conspiracy on 5-10-2001 to kill Moulana Abdul Quader ...... 6. ...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
Abdul Hamid (Ujir) Vs. State and others, 2014, 43 CLC (HCD)
....ed demanding dower of Taka 5 lakh in order to go to London. 5. Since the complainant refused to comply with his demand, the accused appellant forcefully sold out her gold made ornaments and also threatened to divorce her and get married again. On the date and time of occurrence the accused......urt Division (Criminal Miscellaneous Jurisdiction) Present: Md. Nizamul Huq J Md. Jahangir Hossain J Abdul Hamid (Ujir).............Accused Petitioner Vs. State and others…………………….Opposite-Party Judgm...... Nirjatan Damon Tribunal, Habigonj is hereby quashed. Send a copy of this judgment to the concerned Court immediately. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 154 ..Category: Criminal Law, Women and Children | Date: 8 May, 2014 | Hits: 5
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
....h some other lands and have been paying taxes regularly. After that, the defendants started disturbing over the peaceful possession of the plaintiffs by adopting various techniques and they also threatened the plaintiffs to dispossess them from the suit land forcibly. Hence, the plaintiffs......ivision (Civil) Present: Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali Md. Anwarul Haque J Delipjan being dead her heirs: Fazal Haque and other........Appellants Vs. Shahed Badsha and others…………&h......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....;self from this practice; but the accused-Ambassador did not pay any heed to him. 37. The P.W.3 Jamshed Minhaz Rahman next states in his evidence that the accused-Ambassador rather held out threats to him and told him (P.W.3) that he was the Ambassador and he had the sole power of taking a......ppeal is dismissed. Cases Referred to- Abdul Bari Mollah Vs. State, 3 BLC 474; Abul Khair Vs. State, 58 DLR 500; Abul Kalam Azad Vs. State, 48 DLR 294; Moslem Ali Mollah alias Moslem Mollah and others Vs. State, 48 DLR 427 and Mansur Ali Vs. State, 39 DLR 184; Khondker Moshtaque Ahmed Vs. ......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....ublic, under the laws of the Republic, when this association does not even recognize the Republic and its Constitution, nor accept the premise upon which this Republic was born, and even today pose a threat and openly challenges the sovereign Constitution of the Peoples Republic of Bangladesh, which......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .................Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others…&......hereby declared to have been given without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2014) 14.
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....own is to highlight the need for restraint on the part of the public interest litigants when they move Courts. Public interest litigation has now come to stay. But one is led to think that it poses a threat to Courts and public alike. Such cases are now filed without any rhyme or reason. It is, ther......Court
High Court Division
(Special Original Jurisdiction)
Present:
M Moazzam Husain J
Quazi Reza-ul Hoque J
M Enayetur Rahim J
Maulana Syed Rezaul Haque Chadpuri and others .......Petitioners
Vs.
Bangladesh Jamaat-e-Islami and others……&he......নোয়ার কবির; ইসলামিক ফাউন্ডেশন কর্তৃক প্রকাশিত, পৃষ্ঠাঃ ৬৮)
(..to be continued at CLC ID ( 9365 )
..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....rried her on 3rd March, 2012 and that after knowing about the case, he tried to surrender before the Chief Judicial Magistrate but he could not enter into the court premises due to the resistance and threat given by the informant. 4. In presence of such corroborative materials on record, t......nbsp; AHM Shamsuddin Chowdhury J Wadud Mollah (Md.)........................Petitioner Vs. Md. Nayem and Another………………....Respondents Judgment ......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
....re one victim was a prospective doctor and the other was a Government College teacher and if the lesser sentence was given it may encourage repetition of crimes of the same nature and would be a threat to the society at large". 12. Mr. Momtazuddin Fakir, the learned Additional Attorne......hellip;………….Respondent Judgment March 5, 2013. Result: The appeal is dismissed. Condemned-prisoner spent about 4 years in the condemned cell, and 13 years have elapsed since the judgment of the High Court Division, which commuted her sentence......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Khorshed and another Vs. State, 2012, 41 CLC (HCD)
....the confession, whether it is made out of repentance or for any other such good reason or whether it is the result of torture or tutoring by some body or whether it has been caused by any inducement, threat or promise. The questions put by the Magistrate and the answers given by the accused furnish ......bsp; ......inal Procedure that he committed that murder, although subsequently he retracted his confessional statement before the Court and the confession being found voluntary and without any threat, coercion or inducement, conviction of the accused based on his confession, though subsequently retra..Category: Criminal Law | Date: 20 Nov, 2012 | Hits: 8
State Vs. Kazi Mahbub-uddin Ahmed, 2012, 41 CLC (AD)
....………..(16) The Evidence Act, 1872 (Act No. 1 od 1872); section 24 Voluntary confession The word ‘voluntary’ used in respect of means a confession not caused by inducement, threat or promise. If the informant meet the accused in jail, there must have some particular objec......esumption that no person will make a statement against his interest unless it is true; at all events, such confession may reasonably be taken to be true as against himself. A confession duly made and satisfactorily proved is, in general, sufficient to warrant a conviction without corroboration......in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 210. ..Category: Evidence Law | Date: 14 Nov, 2012 | Hits: 21
State Vs. Kazi Mahbubuddin Ahmed, 2012, 41 CLC (AD)
....cution………………………(12) What does voluntary mean in respect of a confession? The word voluntary used in respect of a confession, means a confession not caused by inducement, threat or promise.…………………….(19) Role of the appellate court while reversing an.....................Appellant Vs. Kazi Mahbubuddin Ahmed .....................Respondent Judgment November 14, 2012. Result: The appeal is dismissed. Confession and second confession A confession is an admission made at any time by a person charged with ...... illegality in the judgment of the High Court Division which calls for our interference. The appeal is, therefore, dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 135...Category: Criminal Law | Date: 14 Nov, 2012 | Hits: 11
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....f the suit plot and since defendant No.1 entered into a contract with fake Shamsul Kabir Humayun Reza of Mirpur without permission of RAJUK and claimed possession in the suit plot and thus also posed threat to the plaintiff’s possession therein as well as their title, their suit-as framed was ...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others……………………Respondents (In Civil Peti......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
....35 Sub-Article (2) (iii) of the Constitution of Bangladesh do not attract the case of the plaintiff-petitioner and it is not the case of the Government that the plaintiff did any act which could be a threat for the security of the State or could be a threat for discipline or that the plaintiff did a......n
(Criminal Appellate Jurisdiction)
Present:
Soumendra Sarker J
Jnanendra Nath Barai ..................Plaintiff- Petitioner
Vs.
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judg...... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....u had love affair with one Samanja and when he came to know that Jibran had also an affair with Samanja, Titu confronted Jibran but the latter had denied of having such affair at which Titu threatened him to leave the country otherwise he would cause severe harm to him. It is the claim of ......li Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur ......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Nalu Vs. State, 2012, 41 CLC (AD)
....e sentence of the death to one of imprisonment for life. Accordingly, Jail Petition No.09 of 2010 is dismissed with the modification of sentence. Ed. This Case is also Reported in: ...... Lawyers Involved: A. B. M. Bayezid, Advocate- For the Petitioner. Md. Shahrowardi, Deputy Attorney General- For the Respondent. Jail Petition No. 09 of 2010. (From the judgment and order dated 10th November, 2009 passed by the High Court Division in Death Reference No.78 of 20......A. B. M. Bayezid, learned Advocate, appearing for the condemned-prisoner, submits that the confession made by condemned-prisoner was neither true nor voluntary and that it was obtained by torture and coercion and that both the High Court Division and the trial Court failed to take into account this ..Category: Criminal Law | Date: 22 Jul, 2012 | Hits: 111
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
....efore the High Court Division for quashing the proceedings. In the High Court Division, it was urged that the petitioner did not issue any cheque in favour of the complainant and that the latter by threat and coercion with the help of other persons obtained his signatures on five blank cheques ove......J Md. Shamsul Huda J Md. Mofizur Rahman…………………………………………………….Petitioner Vs. The State, represented by the Deputy Commissioner, Chittagong and another..............................................Respondents Judgment June 4, 2012......igh Court Division for quashing the proceedings. In the High Court Division, it was urged that the petitioner did not issue any cheque in favour of the complainant and that the latter by threat and coercion with the help of other persons obtained his signatures on five blank cheques over which a c..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
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