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Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....rds east. Thereafter he (P. W. 1.) went to the Kaliganj Police Station and lodged a First Information Report. P. W. 6, a Sub-Inspector of Police, having held the investigation in the case submitted charge-sheet against the accused (Abdur Rashed) who was thereafter tried on a charge under sec......de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....tor of the banking company." 8. As appears from clause (1), section 66 of the Ordinance, if any loss has been caused to the Banking Company by an act or omission of a person in-charge of the promotion or formation of the company or any director or auditor of the company the o......view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 101
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....ession of the land. The land was inherited by Mungro Mali's only son Ram Rattan from whom one Dinendra Nath Bose, brother of the plaintiffs' father, purchased and possessed the land as Shebayet-in charge of the Debuttor Property including the suit land. Thereafter, Dwijendra Nath Bose tran......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 54
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....dhury J. - This appeal by leave is directed against the judgment passed in Criminal Revision No. 579 of 1970 by the High Court Division acquitting the accused respondent Ameenur Rashid Chowdhury on charges under section 501 of the Bangladesh Penal Code. The said respondent was convicted by a Mag......r Badrul Haider Chowdhury, J. Order of the Court In view of the decisions of the majority, the appeal is allowed. The judgment of the High Court Division is set aside. Ed. ..Category: Criminal Law | Date: | Hits: 77
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....hin' is appointed. After the death of the plaintiff the followers and devotees appointed a Managing Committee. Madan Meah is the Vice-President of the Managing Committee and entrusted with the charge of looking after the case. The plaintiff described in the plaint himself as the 'Sajjadanash......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 91
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
.... the post of Professor of Medicine and Director of the Institute of Post-Graduate Medicine and Research was served with a notice issued on June 5, 1980 by Prof. M.A. Haleem, Additional Secretary-in-charge, Ministry of Health and population Control retiring him from service with immediate effect. T......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....y provided for termination by a three months' notice. It was denied that the appellant’s service was terminated in i971. 9. After hearing the parties, the rule obtained by the appellant was discharged by the learned Judges of the High Court Division on the grounds that the principle of natura......view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....ort of cargo and for the issuance of certificates showing actual measurement/weighment/figures of import and export accurately and promptly. On the bails of these certificates, the shipping agents charge freight and shippers get price of their export cargo from foreign buyers and the foreign exc...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ted against the judgment and order dated Jane 13, 1979 passed by the High Court Division in Writs Petition No. 508 of 1979. The appellant was tried by the Special Martial Law Court No. II, Dacca on a charge under section 302 of the Bangladesh Penal Code in M.L. Case No. 37 of 1978 on the allegation ......at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... Sub-Inspector of Police of the Mohammadpur Police Station took up investigation and arrested Abdur Rashid and Jainal Abedin on April 14, 1975 who was produced before the Court on the next day. The charge-sheet was eventually submitted against them. 3. As regards the houses and other assets,...... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....wing the proceeding of Summary Martial Law Court is a persona designata. 2. The appellant in Criminal Appeal No. 22 of 1979 was tried by a Summary Martial Law Court, Patuakhali, on the charge of misappropriation of Taka 1, 53,949/00 by misusing and abusing his powers as Man......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
.... soap under Notification No. S.R.O. 114(R)/66 dated 1-7-67, with effect from 1-7-66. In the absence of any provision either in the Notification or any change in the existing law, that is, the charge section and the exemption provided in section 4(b) of the Act, the Sales-tax Officer has not......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....irtually repealed section 491 of the Code of Criminal Procedure, that the direction contained in subjection (2) of section 10 that all pending cases under section 491 Criminal Procedure Code stand discharged was a Judicial Act done by the legislature and that the Ordinance was ultra vires the Govern...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....rous imprisonment for six months more. 3. The appellants along with another were tried by Special Tribunal No. 1 Patuakhali under sections 395/397 of the Bangladesh Penal Code on the charge of committing dacoity armed with deadly weapons and causing hurt to some of the inmates of th......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....acts in short relevant for disposal of the appeal are that the respondents were employees under the appellant Bangladesh Water Development Board and they were removed from service on the charge of misconduct and breach of discipline. It was alleged that the respondents entered int......ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
.... It is unfortunate, that he has gone to the length of saying "such disobedience which led to the pecuniary loss on the part of the Government," which, however, was never made a matter of charge against the respondent officer. The charge is Annexure “C" to the Writ Petit......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
.... the said documents on misrepresentation. The suit was decreed by the trial Court on taking the view that Meher Afzan Bibi was a pardanashin village woman and her son respondent No. 2 being in charge of the property was in a fiduciary position in relation to his mother, and the latter d......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..Category: Property Law | Date: | Hits: 57
....investigation committee was illegally constituted, and that he was not given the opportunity to explain his position or adduce any evidence in support of his case. He further alleged that he received charge-sheet on September 9, 1967 asking him to show cause why he should not be dismissed from servi......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....ment of the economic and financial loss of the State and thereby committed an offence punishable under Regulation No. 11 of MLR No. 1 of 1975 in both the cases the accused pleaded not guilty to the charge and submitted his explanation under section 342 of the Code of Criminal Procedure in writte......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....nter alia, that nothing in this Part shall apply to the provisions of any disciplinary law relating to members of disciplined force, being a provision limited to the purpose of ensuring the proper discharge of their duties or the maintenance of discipline of the force- Sub-Article (5) of Article 102...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
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