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ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....f 1898), section 197. In view of the fact that the evidence on record leads to the irresistible conclusion that the offence alleged against the petitioners has not been committed by them in the discharge of the official duty, section 197 Cr.P.C. has no manner of application in the present case…......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ict Magistrates were empowered, by an amendment in the Criminal Procedure Code, to try cases like this under section 467, Penal Code. The trial was held by the Additional District Magistrate on the charge of forgery and its abetment. 3. Plea of the accused‑persons was that the Sale&......red, by an amendment in the Criminal Procedure Code, to try cases like this under section 467, Penal Code. The trial was held by the Additional District Magistrate on the charge of forgery and its abetment. 3. Plea of the accused‑persons was that the Sale‑Deeds in question wer..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....Article 52(2) of the Constitution says that "the conduct of the President may be referred by Parliament to any court, tribunal or body appointed or designated by parliament for the investigation of a charge under this article". The designation by Parliament can never be by implication. It must be sp...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....completely at a loss to find any nexus even remotely between the provisions of section 109 and the facts of the present case. The section occurs under the heading "Information as to mortgages, charges, etc". and the marginal note says that "certain mortgages and charges to be void ......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....xaminees including the respondents. The appellants appointed a seven member Committee to enquire into the allegations. They also asked the Principal of the College and other teachers, who were in‑charge of the Examination Centre, to appear before this Enquiry Committee, but they did not appear; ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....a's father, the Informant, lodged first information report on the following morning at about 7‑30 AM whereupon the Police moved into action, investigated the case and. thereafter submitted a charge‑sheet against all the 12 accused as mentioned above. In due course, they were placed o......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ..Category: Criminal Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....nd scrutinise the findings of a domestic tribunal has been indicated. It has been stated therein that when an order of a domestic tribunal is challenged all that the court is to see is whether the charge framed against the delinquent constitutes any was fat Venal action, that the delinquent was ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....n by the prosecution that any other persons other than the five accused were involved in the attack the Pakistan Supreme Court held that the acquittal of two of them by the High Court rendered the charge under section 148 untenable and it would be technically incorrect to place the constructive ......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
AKM Mosharaf Hossain Vs. The State, 1992, 21 CLC (AD)
....rt Division being not in accordance with the mandate of section 497 of the Code of Criminal Procedure the refusal of bail was illegal and not in accordance with law. At the time of granting leave, chargesheet was not submitted in the case. It appears that charge sheet has been filed in this case ......are of the view that the appellant is entitled to bail. Accordingly, the appeal is allowed. The appellant will remain on same bail granted by this Court earlier till commencement of the trial. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....etition for leave the question is whether the conviction of the accused-petitioners for a minor offence is proper and justified when they were acquitted of a major offence with which they had been charged. The impugned order has been passed by the High Court Division on 22 January 1992 in Crimi...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....ortem and homicidal in nature. 8. PW 13 Abdul Kader Khan, CI took up the investigation of the case and examined all the witnesses and on his transfer PW 14 ATM Shamsul Alam, SI submitted the charge‑sheet. 9. The prosecution examined 15 witnesses at the trial in which all the 3......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....itions without assigning any reason. The petitioner further stated that the copies of the aforesaid letter of the learned Counsel were also served on opposite part No. 5, the officer‑in‑charge of Kushtia Police Station and opposite party No. 6, the Superintendent, Kushtia on 26th Jan...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ..Category: Property Law | Date: | Hits: 98
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....s godown on or about 8 November, 1981, regular proceedings were drawn against them. Appellant, No. 1 was suspended on 12 November, 1981 and Appellate No 2 was suspended on 26 December, 1981. Formal charge‑ sheet was submitted against them on 26th April, 1982 under the Government Servants (D......rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 68
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....ht at his chest, as a result of which, he fell down and died instantaneously in the paddy field. In due course, investigation was held and the accused along with eight others was put on trial on a charge of murder. His defence was that at the relevant time he was under medical treatment in Dhaka......e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....oi. The rule does not cast any duty upon the tax‑collector to find out the purpose of the government as to how they will use their goods. It is the government or their officers‑in‑charge of the goods imported in to the octroi barrier to declare how they will use it, for official......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Madar Chandra Basu Vs. The State, 1992, 21 CLC (AD)
....9 of 1991). Judgment: MH Rahman J.- The appellant along with eleven others were charged under section 4(b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 for abduc......ircumstances of the case, the appeal is allowed. Let the appellant be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of the trial. Ed. ..Category: Criminal Law | Date: | Hits: 79
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....ourt Division, Dhaka in Criminal Revision No. 120 of 1992). Judgment ATM Afzal J.- The former President of Bangladesh, Hussain Muhammad Ershad, the accused petitioner, is facing trial on a charge of corruption in Special Case No. 7 of 1991 before the Divisional Special Judge, Dhaka. 2.......smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....s in Civil Appeal No. 1 of 1991, were added as respondents. After finding that Article 117 applies to the Appellate Tribunal as well, the High Court Division by its order dated 12th December, 1990 discharged the Rule issued in the matter, but granted a certificate as the matter involved substantial ...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....ducted properly. 4. The trial Court found that the plaintiff was given all opportunities to defend himself before the Enquiry Committee which had submitted a report finding him guilty of the charges. But then the trial Court found that DW I admitted in cross‑examination that before d......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 89
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