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Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....law in not granting benefit of doubt to the accused appellants in the case. 5. In this case prosecution examined 8 witnesses, of whom P.W. 5 Nurul Amin Patwary and P.W. 7 Md. Ruhul Amin are public witnesses and P.W. 7 Md. Ruhul Amin are public witnesses and they are also witnesses in the ...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ..Category: Criminal Law | Date: | Hits: 66
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ......d loss to the Bank. There was complaint against him to the Bank Management following which he misbehaved with one of the officers of the Bank, abused him in filthy language and created a breach of peace during working hours. He was charged for gross misconduct and an enquiry was held wherein he ..Category: Labour and Industrial Law | Date: | Hits: 100
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....udgment. 2. On April 14, 1991 an Officer of the Bureau of Anti-Corruption, Dhaka lodged a First Information Report with the Motijheel Police Station against H M Ershad, a former President of the Republic, and his wife Raushan Ara Begum @ Raushan Ershad, M M Rahmatullah, the then Chairman of the D......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..Category: Administrative Law | Date: | Hits: 125
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....that a dispute as to immovable property is likely to cause a breach of the peace. Further proceedings which he starts are not proceedings in the interest of any private party but in the interest of public peace. (See Babu Vs. Shyam, ILR 1950 All 543). It is, therefore, highly doubtful if a proce......t. The defendants were asked to show cause by 28.2.79 why the proceeding shall not be drawn up against defendant No. 1. Defendant No. 6 found on spot enquiry that the plaintiff and her son were in peaceful possession of the suit property and submitted a report to that effect on 29.1.79 whereupon..Category: Property Law | Date: | Hits: 81
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....e co-sharer acquires the right to pre-empt because of the statutory provision and there is no other provision in the Act whereby such co-sharer is required to notify to the public that he is a co sharer of the holding A co-sharer by purchase stands on his own right ......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
.... Muhammad Abdullah Jabir J.—These two appeals arise out of certificate granted under clause (a) of sub-article (2) of Article 103 of the Constitution of the People's Republic of Bangladesh by the High Court Division following upon delivery of judgments in two Cr......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....esh shall be determined and regulated by law. Article 21(1) of our Constitution provides:" It is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform public duties and to protect public property." 9. Citizenship may be acquired by birth or by nat......‘recognition of Bangladesh by Pakistan, hundreds of Bengali citizens were stranded in Pakistan. On 17 April 1974 Bangladesh and India "jointly proposed that in the larger interests of reconciliation, peace and stability in the sub‑continent the problem of the detained and stranded persons should b..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....ars and TC Muharrars are the same and as such the petitioners are not affected by the impugned order of the government. It has been asserted that the impugned order was lawfully made in the greater public interest and in the interest of the department. 6. Respondents Nos. 5 and 6, who see......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ..Category: Criminal Law | Date: | Hits: 53
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....d 1.12.93 passed by the High Court Division, Dhaka in Writ Petition No. 1070 of 1992). Judgment Mustafa Kamal J.- This appeal by leave by the defendants raises three questions of law of public importance, namely, (i) whether a defendant can claim in written statement a set-off or count......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ..Category: Banking Law | Date: | Hits: 168
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....oved in this case as the demand was not alleged to have been made either on the basis of any agreement, or as a consideration for, the marriage. It was contended that this case involves a question of public importance in view of conflicting decisions of the High Court Division Mihir Lal Saha Poddar ...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
.... eventualities and probabilities. The former High Court of East Pakistan framed Rules to govern the procedure to disposal of applications under Article 170 of the then Constitution of the Islamic Republic of Pakistan, 1956 (see High Court Rules vol. (1). P. 253) which are still being followed and......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Secretary, Min of Ind., Nationalised IndÂustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....ors ..................Respondents Judgment March 9Lh, 1979. Case Referred to- Central London Property Trust Ltd. vs. High Trees House Ltd. (1947) 1 KI3 130; Islamic Republic of Pakistan vs. Mahmud Sayed PLD 1961 SC 192 = 13 DLR (SC) 94. ......t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....ort Road at Dhaka from primary level since 1947 as a private non‑Government school imparting educational facilities at a low cost to the children of different Government servants and of the general public living in the vicinity of the old Airport. The land on which the school. has been established......e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ..Category: Property Law | Date: | Hits: 86
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....shad shall make an oath of office in the Form annexed to these rules before the Deputy Commissioner or such officer as may be authorised by him on such date not beyond thirty days from the date of publication of the names of persons elected or, as the case may be, from the date of their nominati......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..Category: Election Law | Date: | Hits: 136
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....ake any order as he deems fit, a Government servant will be entitled to the remedy available to him under the Rule 23. The Act and the Rules deal with the terms and conditions of the service in the Republic and they arc complementary to each other. They are to be construed together and each provisio......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....ia, to exercise jurisdiction in respect of matters relating to or arising out of, as provided under Article 117(1)(a) of the Constitution, "the terms and conditions of persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments;". S......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..Category: Administrative Law | Date: | Hits: 143
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
.... Division again and again in their long judgment, which was in fact an exercise in utter misconception of the provisions of sections 439, 439A and 561A of the Code. 15. In view of the great public importance involved in this appeal in particular, when a good deal of confusion has been de......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
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