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Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....the dead body was held on that date at 5-00 PM. Thereafter, the dead body was sent to the morgue and a medical board held autopsy of the dead body on 1 8-4-90. After investigation police submitted charge sheet against accused petitioner Abdul Khaleque and his brother Abdul Barek along with 9 oth......ble doubt at the trial and appeal. The petition is therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 102. ..Category: Criminal Law | Date: | Hits: 67
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
....hout jurisdiction on the face of the record and, as such, continuation of the proceeding is an abuse of the process of the Court. He further submits that petitioners cannot be tried “against charge not more than under three sections of the Penal Code whereas in the instant case the matter ......rt of the prayer for granting leave to appeal, and accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 100. ..Category: Criminal Law | Date: | Hits: 65
Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)
....alid votes cast in respect of the Chairman candidate (s). The Presiding Officer has no other but to count the votes at the polling centre unless question of safety and security of the personnel in charge of holding election at the centre or that safety as well as security of ballot box or boxes ......ent and order of the Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 93. ..Category: Election Law | Date: | Hits: 124
Abdul Alim Vs. State and others, 2001, 30 CLC (AD)
....party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ......party. The Petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 64. ..Category: Criminal Law | Date: | Hits: 62
Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)
.... The offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immoral act with the woman, even though no charge for the offence of immoral act has been framed, conviction for immoral act is sustainable&h...... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 50. ..Category: Criminal Law | Date: | Hits: 72
State Vs. Faisal Alam Ansari, 2001, 30 CLC (AD)
.... to consider first, whether the learned Judges of the High Court Division acted illegally and contrary to law in granting bail to the accused when he is a first information report named accused and charge sheet has been submitted against him under sections 302/34 of the Penal Code and when there ......ntly, the appeal is allowed and the impugned judgment and order set aside. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 43. ..Category: Criminal Law | Date: | Hits: 68
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
....allowed and the court directed the Government to dispose of the review petition. Accordingly, the Government set up a review forum who found the allegations against the respondent as stated in the charge-sheet was baseless and submitted a report for recommendation with reinstating the respondent......s condoned but there being no merit in the petition the same is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 41. ..Category: Administrative Law | Date: | Hits: 117
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
....ction 43 The petitioner should continue to take part in the affairs of the estate as joint Mutwalli in collaboration with the chief Mutwalli after making over his charge to the chief Mutwalli as there is no illegality in the order of making over charge. ......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ..Category: Property Law | Date: | Hits: 47
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....the meanwhile his father died and his ancestral home in Jessore District was devastated by cyclone. He reported for duty on 1.10.77 but came to learn that by the order dated 25.4.77 he had been discharged from Government service with effect from 1.7.76. He applied for a copy of the order of disc......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....in the facts of the present case that child witness should not be believed. 14. Thus, on a careful consideration of the material evidence on record as indicated above, we are of the view that the charge under sections 302/34 of the Penal Code against the appellants have been proved beyond the sh......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....the Anti‑Corruption Bureau for that. He was placed under suspension by an order dated 3.5.1988 on the allegations of misconduct and breach of office discipline. Thereafter he was served with charges under Rule 3(b) of the Government Servants (Discipline and Appeal) Rules, 1985 on 13.6.1988......jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ..Category: Administrative Law | Date: | Hits: 138
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....ith the incident and to submit its report by 23.3.87. The appellant contended that the enquiry was held secretly and the appellant was never asked to show cause or appear before the Committee nor any charge was framed against him. On the basis of the secret report the Government retired the appellan......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
....within the meaning of the Children Act, 1974 is facing trial along with others in Sessions Case No. 14 of 1994 in the Court of Additional Sessions Judge, Moulvi Bazar. On the date of framing of the charge on 31.8.94 an application was filed by the petitioner to discharge him on the ground that h....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ..Category: Criminal Law | Date: | Hits: 66
Yakub Ali Vs. State, 1995, 24 CLC (AD)
....ting the petition of complaint as First Information Report. On 5.11.1994 SI Shibganj Police Station filed a final report in the aforesaid Unnatural Death case and subsequently on 3.1.1995 he filed charge‑sheet against the petitioner and others under sections 302/201/114 of the Penal Code o...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ..Category: Criminal Law | Date: | Hits: 62
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....28 of 1987 making the Rule Nisi absolute. 2. The respondent, who was an Assistant Commercial Officer of the Corporation, was proceeded against in a departmental proceeding on three specific charges contained in the charge‑sheet dated 8.5.86 requiring him to submit his written reply ......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....tion on 31 May 1994 before the High Court Division for transferring the case to any Court of competent jurisdiction in some other Sessions Divisions taking the ground that the public prosecutor in charge of the case had been influenced by one of the accused, Anwar Hossain. The learned Judges of ......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....de any First Information Report or lodged any complaint in Court alleging commission of the said murders by the respondents. 4. In GR Case No. 76 of 1986 police after investigation submitted charge sheet on 10.2.1987 against 17 persons including accused Mukhlesur Rahman under various sect......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....hority in December, 1962 as Assistant Medical Officer and ultimately became Deputy Chief Medical Officer since 24.1.85. He was serving the Authority to the satisfaction of all concerned and given the charge of Chief Medical Officer on 5.12.92. It has been alleged in the writ petition that there deve...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
State Vs. MA Malik, 1995, 24 CLC (AD)
.....3.1993 started the aforesaid case against the respondent. The learned Judges were informed by the learned Deputy Attorney‑General at the time of hearing that the Police had already submitted charge‑sheet on 22.8.1994 against the respondent under section 6 of the aforesaid Ordinance. ......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
.... its success in the field of housing project and being determined to see the project spoiled totally, started maneuvering against the appellant's interest and having found in the new Secretary‑in‑charge of the Ministry of Works, Mr. MA Rouf an ally (respondent No. 4) who had been an officer subo......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
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