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Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....). Judgment: Badrul Haider Chowdhury, J.—This appeal by special leave is directed against an order of the High Court Division in Criminal Revision No. 665 of 1975. The High Court Division discharged the Rule holding that it has no jurisdiction for quashing the criminal proceeding pending ......t the proceeding should be quashed at this stage. In the result, therefore, this appeal is disposed of with observation aforesaid. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 103 ..Category: Criminal Law | Date: | Hits: 51
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....une 22, 1978. Result: The Petition is dismissed. The Code of Criminal Procedure, 1898 (Act V of 1898), section 197. Sanction under section 197 Cr.PC. can be obtained after submission of charge-sheet but before the trial commences………….(4) When facts show the commission of an ......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ..Category: Criminal Law | Date: | Hits: 58
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ction should not be taken against him. He submitted his explanation on October 21, 1976 denying the allegations. After about 7 months the petitioners received notice dated May 4, 1977 by which he was charged sheeted on the ground of misbehavior as his explanation was found unsatisfactory. The appe......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....training when he reported for duty, he received an order dated November 25, 1976 asking him to officiate as Executive Engineer as a fresh appointment with effect from November 30, 1972 against work-charged post and also directing him to refund the amount overdrawn by him. This order was challeng......de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ..Category: Employment/Service Law | Date: | Hits: 77
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....king cognizance of the offence alleged against the accused. The learned Magistrate should have sent the record of the case to the Special Tribunal for necessary orders, instead of passing order of discharge by himself………(7) Cases Referred to- Abul Hossain Sana Vs, Sawalal Agarwala, (1962)......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ..Category: Criminal Law | Date: | Hits: 48
Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)
....acca and was elected as the Assistant General Secretary of the Sramik Union of the said Hotel. She was verbally suspended by the Management and subsequently she was given a show cause notice with the charge of stealing Tk. 123,00 from a hotel room occupied by a foreign guest. The Enquiry Committee s......ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ..Category: Labour and Industrial Law | Date: | Hits: 106
Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)
....oving the appellant from the position of Chairman. The resolution was passed on 20.9.78 in a meeting for the purpose of removing the chairman by eight members of the Union Parishad concerned. The charges which led to this meeting were misconduct, misuse of power, corruption, favoritism, nepotism...... without any lawful authority and the order passed by the Prescribed Authority in consequence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..Category: Employment/Service Law | Date: | Hits: 108
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....ation of Bangladesh, Dacca. ......Respondent Judgment August 8, 1977. Result: The appeal is allowed. Principles of Natural Justice In an enquiry held against an employee on the charges framed against him for dismissal from service, the principles of natural justice must be c......978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ..Category: Employment/Service Law | Date: | Hits: 72
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
.... weapons started cutting the 'Gopat' which is used as public path, attacked the informant and other villagers who protested and caused injuries to them by using a gun. Police held investigation and a charge sheet was submitted against the accused persons under section 148/324/431/379 B P.C. The info......ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s Act 1974, which was started on the basis of the First Information Report dated May 4, 1974, is pending before the Court of Additional Sessions Judge and Special Tribunal No. 2 Dacca. In this case charge sheet was submitted on September 20, 1975. On the basis of the charge sheets the respective T......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....l, Nannu and Mofazzal (who are the appellants before us) had stolen the machine and put it onto his rickshaw van for carrying it to Bogra town for which he was to be paid Tk. 25.00 as his carrying charge. A first information report was lodged, the machine was seized and accused Shafi was produce......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....receiver was to submit accounts regularly. The appellant filed an application before the Subordinate Judge for appointment of a receiver which was allowed and receiver was appointed, who took over charge and also possession of the suit property from the receiver appointed by the criminal Court. ...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ..Category: Civil Law | Date: | Hits: 112
State Vs. Zahir and ors., 1993, 22 CLC (AD)
....r investigation. Thereafter two Sub-Inspectors of Police, namely, Mr. Barak and Mr. Arun Bala investigated the case but could not collect any evidence and the 4th person, Mr. A Khan Akond submitted charge‑sheet after three years of the occurrence. In these circumstances, the High Court Div......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ..Category: Criminal Law | Date: | Hits: 48
Kalu and another Vs. State, 1993, 22 CLC (AD)
....lled by unknown assailants and his body was concealed by known persons. Due to previous enmity P.W.s. 4 and 5 implicated the appellants. Though the assessors found the appellants not guilty of the charge the Additional Sessions Judge by his Judgment and order on October, 5, 1970 found them guilt...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ed 10 accused persons, including the four accused‑appellants under sections 302/34 of the Penal Code and sentenced each of them to death and acquitted the remaining 26 accused persons of the charges against them. The resultant Death Reference No. 28 of 1990 (Dhaka)/2/82 (Jessore) was reje......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....rother P.W. 12 A Mannan and P.W. 10 Akkabbar Ali Majhee for the murder of Majitunessa. On a further investigation the Inspector MA Halim of the Criminal Investigation Department, submitted a charge‑sheet on November 15, 1982 against the appellants and 7 others named in the FIR of P.W......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..Category: Criminal Law | Date: | Hits: 40
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....nuary, 1986 passed by a Single Judge of the High Court Division (Barisal Bench) in appeal, Criminal Appeal No. 72 of 1978, acquitting the respondent, Abdul Muttaleb Khan @ Abdul Mataleb Khan of the charge under section 409 Penal Code. 2. The prosecution case was that the respondent in his......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..Category: Criminal Law | Date: | Hits: 41
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....t may attain constitutional importance, where without such recognition the fundamental right to form an association would be illusory. In that case recognition of a trade union was withdrawn on two charges, the first of which was found to be without basis, and the second charge was found to have ....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Sompong Vs. State, 1993, 22 CLC (AD)
....hile acquitting the accused as passed by a Division Bench of the High Court Division, Dhaka on 5.12.91 in Criminal Appeal No. 445 of 1989. 2. The appellant was the Master and person in‑charge of a small coastal Pakistani trawler, Sea Hawk. He along with the crew was tried by the Spec......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
.... of the Government Servants (Discipline and Appeal' Rules 1985, the Tribunal ought to have held that the Chief Conservator of Forests could delegate to the Conservator of Forests the power to frame charge or impose penalty upon the respondents when the term “authority" as defined under...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ..Category: Administrative Law | Date: | Hits: 114
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