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Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
.... 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. ...... 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. ...... made retrospective giving it a retrospective operation. Parliament has further added section 5, which attempts to validate the action taken under the earlier repugnant section. 2. Decision has already been given. Now while agreeing with the conclusion, some general observations of mine is calle..Category: Constitutional Law | Date: | Hits: 188
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....te Tribunal. The word 'court' as referred to in the second part, undoubtedly refers to the forum which is different from the Appellate Tribunal, having both appellate and revisional jurisdiction in criminal matters. Obviously, the forum is a higher one than the Appellate Tribunal, and I have DO d......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. ......2, 1976. The Special Tribunal by the judgment and order dated June 10, 1978 acquitted all the accused persons from the charge on the ground that the prosecution had failed to prove the case beyond reasonable doubt and accordingly benefit of doubt was given to the accused. On appeal by the State..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ty Director of Accounts on 9 9.74. On the same day Mr, Abdullah lodged an ejahar with, the Ramna Police Station against the respondents alleging criminal offence under various sections of criminal court. On 11. 9.74 the respondents were removed from service of the Bangladesh Water......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. ......posal 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 into the office of the Deputy Dire..Category: Employment/Service Law | Date: | Hits: 92
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....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. ......isdiction to try the case or not. This was to check any highhandedness in the executive and as Khandker Moshtaque Ahmed was not produced before any such Magistrate, the circumstance adds to the dimension of the contention that the arrest and subsequent proceeding was mala fide. 23. Power has......tial Law Regulation No.1 of 1975 (purporting to include "President" within the mischief of Regulation 11 and giving power of review to the Chief Martial Law Administrator) were elected immediately thereafter, vide Regulation No. XXXIII of 1976 dated 28-12 1976." Paragraphs 8 and 9 read as follow..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......ads within budget grants; (vi) alteration in the method of complication of accounts or of the budget estimates; (vii) receipt or expenditure of foreign exchange unless already allocated; (viii) a change in the terms and condition! of service of Government se..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... 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. ...... 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. ......irtue of some provisions contained in the Bangladesh Constitution can maintain a writ petition on the ground of violation of any statutory rules governing their service condition. The question is of great public importance and so it was placed before the Full Court by an order dated 8-8-80 of Bench ..Category: Constitutional Law | Date: | Hits: 188
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
.... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ......er Chowdhury, J. 3. Ruhul Islam J.—I have gone through the proposed judgment written by my learned brother Badrul Haider Chowdhury, J. and I find it difficult to agree with some of his reasons and the conclusions for allowing the appeal and setting aside the Judgment of ..Category: Election Law | Date: | Hits: 121
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
....roceedings of the aforesaid M.R. Case and directed the appellant to submit a report to his Court regarding the allegations made in the said telegram. The appellant moved the High Court Division in criminal revision for quashing of the proceedings under section 561 A of the Code of Criminal ...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ......okati, asking him to send the record of the above mentioned M.R. case along with a report of the Magistrate concerned to this Court direct forthwith through special messenger so that the same may reach this court by 6.7 78. Meanwhile the further proceedings of that MR Case are stayed until f..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rt, and the matter was referred to a Full Bench, centring round the question, whether section 270 of Government of India Act was applicable, which required sanction of the Government; before civil or criminal proceeding is taken against a person, for acts done in execution of duty as the servant of ......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......r other such Courts set up under the Army Act, 1952, in the Writ Jurisdiction of the High Court Division under Article 102(5) of the Constitution. 2. It is to be observed that this Division has already in the majority view in the case of Bangladesh Vs. Md. Abdur Rob, 33 DLR (AD) 143 and in the c..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......were described in it "as white clear, dry, common edible (fine and fully crushed in bulk) weight 8000 metric tons." The expected date of arrival of the ship was 27th January, 1978. The ship, however, reached Chalna on 1st April, 1978. On arrival of the ship the plaintiff took the stand that it was n..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....filed, being Title Suit No 72 of 1975 in the Second Court of Subordinate Judge, by the first party for specific performance of contract against the appellant and others, who are second party in the criminal proceedings, on assertion made by the plaintiff regarding possession of the land that poss......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......te found It true and after drawing up of the proceedings appointed Officer-in-Charge of the local police station the receiver. The police report disclosed that both the parties were in a state to break the peace over the harvesting of paddy grown there. All the Courts below have rejected the cla..Category: Criminal Law | Date: | Hits: 39
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......ip;……...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant-appellant and others ......... ...... ........Respondent Judg..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....Division dated December 4, 1979 refusing to interfere with the order dated January 14, 1977 passed by the Sessions Judge and Special Tribunal, Kushtia vacating the order, allowing withdrawal of the criminal case against the appellant on August 5, 1975 on the prayer of the Public Prosecutor, and s......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ...... Administrator for action. 2. Two criminal proceedings were initiated against the appellant along with others who had been change sheeted in one case under section 364 of she Penal Code read with President's Order No. 50 of 1972, and in another case the appellant along with others had..Category: Criminal Law | Date: | Hits: 46
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....ion No. 59 of 1979 rejecting the petition summarily. 2. Facts are not in dispute. Respondent No.2 was an employee of the Dacca Improvement Trust (DIT), He was tried by Special Magistrate on a criminal charge but was acquitted on the ground that' the case was triable by the ordinary crimina......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ...... the respondent No. 2 is a worker within the meaning of the said Act. 3. The point raised is an important question. Though the High Court Division had summarily dismissed the petition yet the reason given in the judgment, on scrutiny, appears to be a circuitous one. To quote from the High Co..Category: Labour and Industrial Law | Date: | Hits: 108
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....he disputed property who had executed the documents in his own name it is clear that the allegation of forgery in the circumstances of the case is clearly misconceived. The other allegations as to criminal breach of trust and cheating are equally unsustainable in law. There is no allegation that......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......ng in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already been submitted and cognizance taken on 24.12.87. The appellant has surrendered pursuant to th..Category: Criminal Law | Date: | Hits: 51
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....for Special Leave to Appeal in the erstwhile Supreme Court, which granted the prayer to consider the contentions raised on behalf of the appellant that, in the facts and circumstances of the case, no criminal liability attaches to him and further that in the absence of any evidence that the Chairm......paid on false representation of the accused." 5. The failure of the appellant to execute the work in accordance with the terms of the contract does not, ipso facto, give rise to an inference of mens rea, viz., fraudulent or dishonest conduct, which is an essential ingredient of an offence of......ained but that he had committed and offence under section 420 of the Penal Code and accordingly altered the conviction under section 406 to one under section 420 of the Penal Code. The appellant thereafter filed a petition for Special Leave to Appeal in the erstwhile Supreme Court, which granted t..Category: Criminal Law | Date: | Hits: 84
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....e department to give advances to officers, although it was not warranted by the Financial rules. In view of this practice, it cannot be said that the advance of Rs 1300/- to Mr. Ghani was made with a criminal intent or with a view to making any wrongful gain or wrongful loss. Therefore the appellant......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ...... Islam............................Appellant. Vs. The State........................Respondent Judgment February 2, 1971. The Penal Code, 1860 (XLV of 1860), section 409 Criminal Breach of Trust There was a practice in the department to give advances to officers, although it w..Category: Anti-Corruption Laws | Date: | Hits: 142
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
.... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ...... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......rom the order of a learned Single Judge of the High Court, Lahore, refusing to cancel the bail granted by him earlier to Mohammad Ashraf, respondent, charged along with others under sections 302, 307 read with sections 148 & 149 PPC. 2. The respondent first applied for bail in the High Court bein..Category: Criminal Law | Date: | Hits: 60
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
........Respondent Judgment October 30, 1970. The Code of Criminal Procedure, 1898 (V of 1898), section 423 The High Court is empowered to dispose of a criminal appeal on merits in the absence of the appellant or his pleader especially when the appella......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......ench, who was on a circuit in Lahore during those days. He dismissed the appeal, but the circumstances under which it was disposed of are described by him in the last paragraph of the judgment, which reads:— "Before parting with the case, I would like to record that when this appeal was ..Category: Criminal Law | Date: | Hits: 78
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......defendant upon the allegation that after the unfortunate accident the defendant No.1, the owner of the vehicle, had handed over his insurance policy to the plaintiff No. 1 to take necessary steps for realization of the compensation but the Company had, ultimately, on the 11th July, 1955, refused..Category: Others | Date: | Hits: 124
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