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Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)

....termination simpliciter or it is a termination in the garb of dismissal.   3. It appears that the respondent who was an Engineer in the Bangladesh Road Transport Corporation was charge-sheeted for certain irregularities and thereafter an enquiry was held against him in which t...... reported decision.   The petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 124.  ..

Category: Employment/Service Law | Date: | Hits: 75

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

.... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ...... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ..

Category: Property Law | Date: | Hits: 54

Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)

.... the offence of murder of two brothers by some entering the house in which they were living and by the others entering the house of the other victims. So there was no necessity of framing separate charges for the two murders and for separate trial when section 239 of the Code is attracted to the......tance in the petition. Accordingly, the same is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 101.  ..

Category: Criminal Law | Date: | Hits: 76

Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)

.... dismissing the appeal and affirming the order of conviction and sentence passed by the learned Sessions Judge, Sherpur in Sessions Case No.11 of 1991 wherein the petitioner was found guilty of the charge under section 302 of the Penal Code and sentenced to suffer imprisonment for life. &n......  There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ..

Category: Criminal Law | Date: | Hits: 52

State Vs. Monu Miah and others, 2001, 30 CLC (AD)

....1 passed by the High Court Division rejecting Death Reference No. 23 of 1997 and allowing connected Criminal Appeal No. 2062 of 1997 and Jail Appeal No. 2249 of 1997 acquitting the respondents of the charges under sections 302/201/34 of the Penal Code (including section 411 of the Penal Code in resp......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..

Category: Criminal Law | Date: | Hits: 59

Osman Gani Vs. State, 2002, 31 CLC (AD)

....he dead body of Monowara Begum and a post-mortem examination was held when it was found that Monowara Begum was throttled to death.   3. After investigation the police submitted charge sheet under sections 304/201/149 of the Penal Code against the appellant and the servant Emd...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 34. ..

Category: Criminal Law | Date: | Hits: 55

Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)

....tion serious. Petitioner sent application for leave for 4 months with a request to forward the same to the General Manager, Dhaka. But the Regional Manager did not forward the same instead brought charge on 14-6-1976 asking him to file explanation to the Enquiry Officer who as well asked him to ......   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ..

Category: Employment/Service Law | Date: | Hits: 83

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

.... thus the bank was saved from financial loss but the bank initiated disciplinary proceeding against him and an inquiry committee was constituted who held an inquiry and gave a report and thereafter charge sheets were served upon the plaintiff who submitted replies thereto and the inquiry committe......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 78

Government of Bangladesh and others Vs. Md. Shahjahan Gazi, 2006, 35 CLC (AD)

....n the above case; that one Salim Chowdhury, Chairman of the Union Parishad being enemical to the petitioner falsely implicated him in the above case not of election rivalry and at his instance and charge sheet was submitted and that the gun was never used or alleged to have been used in any crim......cided the case and there is no legal infirmity or illegality in the impugned judgment of the High Court Division to warrant our interference. Accordingly, this petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 42

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

....al Act, 1980 for respondent's reinstatement in service as Assistant Director after setting aside the order dated 11.11.1999 putting him under suspension and also the order of the same date framing charge against him for the purpose of further enquiry. 2. The respondent as the petitioner ......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ..

Category: Administrative Law | Date: | Hits: 124

A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)

....esaid suit against the petitioner stating, inter alia, that the petitioner availed c.c. hypothecation’ and c.c. pledge' loan facilities/limits of the plaintiff bank in 1982-83 on execution of charge  documents and 'Letter of Guarantee' and also executed  mortgage deeds, relating t......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ..

Category: Banking Law | Date: | Hits: 121

Jamal Soap Factory, Narayanganj Vs. Commissioner of In­come Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)

....he period as determined for the as­sessment of the income, profits and gains of the firm." 4. For proper appreciation of the ex­pression "previous year" section 3 contain­ing the provision of charge of Income-tax needs to be referred to. Section 3 reads as under: — "3. Where any Centra......ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

S.M. Quddus & ors Vs. Chairman, Labour Court, Ctg. & anr, 1981, 10 CLC (AD)

.... by the respondent No. 2 at Agrabad, Chit­tagong. The petitioner Nuruzzaman was an Assistant Cook in the establishment of respondent No. 2 at Agrabad, Chittagong. All the three petitioners were charged with misconduct alleged to have been committed in connection with purchase of 15 seers of ...... provides, in our opinion, sufficient justi­fication for granting termination benefits instead of reinstatement. In that view of the matter, the petitions are dismissed. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 110

Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)

....ng Magistrate in the instant case wholly erred in law when he declined to con­sider the case of the present appellants on the ground that this being a police case and since the police did not submit charge-sheet, he is not authorized by law to take cognizance aga­inst these appellants…………â......oned in the original com­plaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ..

Category: Criminal Law | Date: | Hits: 60

Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)

....hi etc., trespassed into the house of informant with the intention to commit murder and looted away cash, ornaments and cloths worth about Tk. 35000/-. After investigation the police submi­tted the charge-sheet against the accused under sections 449/307/380 and 324 of the Penal Code. The accused w......e the orders of the High Court and that of the Sessions Judge and direct that the procee­dings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ..

Category: Criminal Law | Date: | Hits: 33

Abu Taleb Mridha Vs. State, 1980, 9 CLC (AD)

....he case of Anwar Ahmed Vs. State in Criminal Appeal Nos. 29 and 30 of 1977. The High Court Division rejected the contention on the ground that on a misconception the Investigating Officer sub­mitted charge-sheet under section 436 of the Penal Code also but the charge-sheet constitu­ted a prima fac......se and the Court has quashed the proceedings on merit as against that accused. In the result, therefore, this appeal is dis­missed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 209 ..

Category: Criminal Law | Date: | Hits: 57

Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Esta­blishment Div & ors, 1980, 9 CLC (AD)

....Order No. 67 of 1972 terminating his service alleging inter alia that after the criminal case initiated against him in G. R. Case No. 9243 of 1974 which ended in final report and the appellant was discharged from the case, proceedings were initiated under Article 5(a) of the President's Order No 6......ere will be no order as to costs. Order of the Court By Majority view the appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 201 ..

Category: Employment/Service Law | Date: | Hits: 70

Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)

....the High Court Division correctly construed the provisions of sec­tions 156 and 157 of the Customs Act re­garding the jurisdiction of the Customs Authority in confiscating the Trawlers on the charge of illegally fishing within the territorial waters of Bangladesh. (iii) Whether the orde......e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 246

Gopinath Ghose Vs. State, 1980, 9 CLC (AD)

....nd gold ornaments weighing 95 tolas and as he had no licence or authority to keep in his possession this huge quantity of gold he was prosecuted and put on trial before a Magistrate, first Class on a charge under sec­tion 6 of the East Pakistan Control of Essen­tial Commodities Act, Act 1 of 1956,......of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..

Category: Criminal Law | Date: | Hits: 42

State, People's Re­public of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)

....awaz, (6) Kanchan Meah and (7) Abu Ahmad under sections 148-149-448-302-364 of the Penal Code read with section 28 of the Special Powers Act, 1974. After completing investigation the police submitted charge sheet on March 31 1976 against five persons, namely, (1) Chandu alias Chand Meah, (2) Kanchan......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..

Category: Criminal Law | Date: | Hits: 294