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Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....s alleged against him do not constitute any criminal offence of misappropriation, cheating or forgery. The High Court Division, after hearing the parties, by the impugned order dated 15 July 1993, discharged the Rule issued earlier on the said revisional application observing that at this stage the ......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..Category: Criminal Law | Date: | Hits: 76
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....aint on 3-9-87 under sections 363/342/357/379 of the Penal Code. The respondent was summoned by the learned Magistrate and after hearing both the parties and their Advocates the learned Magistrate discharged the respondent under section 241A CrPC by his order dated 12-3-88, giving certain reasons. T......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
.... any case and, as such, he did not commit any illegality by calling for a report from the ASP upon making enquiry. As regards sanction he submitted that since a prosecution begins with the framing of charge it was enough if the Special Judge received the sanction before actually framing the charge a......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....and Rescue Service was placed on suspension under Rule 11(I) of the Government Servants (Discipline and Appeal) Rules, 1985 herein after referred to as the said Rules, and later January 27, 1986 a charge was framed against under Rules 3(b) and 3(d) of the aforesaid Rules, is alleged corrup......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....0.00. Other items of costs are not admissible under a Marine Hull Policy, but even if crew wages and bunkers consumed during removal of the vessel from Chalna to a suitable port of repair and port charge at the port of repair are added to this sum, the total repair costs would not exceed US $ 2,...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....respectively of the said University. 3. The aforesaid respondents were put on trial before the Divisional Special Judge, Dhaka Division, Dhaka in Special Case No 17 of 1989. It was alleged in the charge framed against respondent Md. Iqbal Hossain that the tender submitted by him for supplying fo...... official duties in good faith, that they had no knowledge about the EMTJ pumps not being mechanical engineers themselves and that they had no collusion with respondent Iqbal Hossain and there was no abetment of any cheating/misappropriation or commission of the offence of criminal misconduct by the..Category: Anti-Corruption Laws | Date: | Hits: 92
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
.... from the date of notice of the proceedings or within 150 days from the date on which the Government Servant is placed under suspension whichever is earlier. As the appellant was furnished with the charge and suspended long before the Rule of 1984 came into force, Rule 7(11) thereof has no manner......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ..Category: Administrative Law | Date: | Hits: 122
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....sion, Dhaka in Civil Revision No. 7404 of 1991). Judgment ATM Afzal CJ.- In this appeal by leave, at the instance of the defendant-tenant, the only question for consideration is, whether WASA charge payable by the tenant along with the ‘rent’ is part of the rent and non-deposit thereof u......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ..Category: Tenancy Law | Date: | Hits: 82
Syed Mohammad Hashem alias Hashim Vs. State, 1996, 25 CLC (AD)
....ng for trial before the Additional Chief Metropolitan Magistrate, Dhaka. 2. It appears that upon an FIR lodged by one Belayet Hossain Bhuiyan on 4.10.1988 Police upon investigation submitted charge-sheet on 10.3.1991 under sections 467/468/420/471/109 of the Penal Code against the petitio......se. Since we are satisfied that no interference is called for on the merit of the case, the petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 87 ..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
...., were not discriminatory as alleged. 15. The learned Judges held that there might have been anomalies in the impugned Rules but it could not be said to be discriminatory and accordingly, discharged the Rule by judgment and order dated 19 July, 1990. At the same time, however, a direction......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....nior Services Pool. After necessary test as per notification dated 29-6-1981 with the status of a Deputy Secretary he was appointed Director of the Directorate of South Asia-2 and that he assumed the charge of the office by Memo, dated 13-7-1981 that he was asked to intimate his option as to whether......nt and hearing respondent No. 1 and the appellant afresh. The other parts of the Tribunal’s order will remain and not be reopened. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 71. ..Category: Administrative Law | Date: | Hits: 167
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
.... has first referred to the case of Abdus Salam Master vs. State, 35 DLR 140 in which it was observed as follows: “It should be noted that if anyone is aggrieved by an order of discharge passed by a Magistrate, although he cannot file before the Magistrate a petition for reviva......of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ..Category: Criminal Law | Date: | Hits: 60
Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)
....e No. 438 of 1994). Judgment: M H Rahman J: On an information lodged by the appellant on 17 November, 1992 a case was started and the Police submitted charge sheet against the respondent on a December 1993 under Section 341/325/427/109 of the Penal C......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ..Category: Criminal Law | Date: | Hits: 63
Golam Murtaza Bhuiyan and Others Vs. Government of Bangladesh and Others, 1996, 25 CLC (AD)
....site for construction of a building cannot be questioned. In this case there is no violation of any rule of the Rules of Business. Rule 4 (ix) provides that the Secretary shall keep the Minister-in-charge informed of the working of the Ministry/Division and shall work under his supervision. ......e informed of the working of the Ministry/Division and shall work under his supervision. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 47 ..Category: Property Law | Date: | Hits: 71
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....eave to Appeal No. 108 of 1995 From the Judgment and Order dated 9-5-95 passed by the High Court Division in Criminal Revision No. 365 of 1992). Judgment: Mustafa Kamal J: Following framing charges on 17.3.92 by the Senior Special Tribunal Judge, Dhaka in Special Case No.1 of 1992 against ......ch stands settled by various previous decisions of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....to quote from Lord Hodson’s opinion: “No one, I think, disputes that three features of natural justice stand out (I) the right to be heard by an unbiased tribunal; (2) the right to have notice of charges of misconduct; (3) the right to be heard in answer to those charges.” The learned Attorney......pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ..Category: Constitutional Law | Date: | Hits: 169
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....adesh should not be declared to be without lawful authority and of no legal effect and why the respondents should not be directed to cancel, rescind and /or withdraw the same. The Rule Nisi was discharged by a Division Bench of the High Court Division by judgment and order dated 8.5.95 from whic......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....ase of an accused would rouse the prosecution from its slumber and would necessarily subject it to accountability. The purpose was not to give the accused a right not to be tried any more on the same charge or a clean bill of acquittal, even if he was accused of a heinous crime. Stoppage of the tria......ded by Act No. XLII of 1992 will be applicable to the pending cases. In the result, the appeal is dismissed. Ed. This Case is also Reported in: (1995) 3 BLT (AD) 236, 48 DLR (AD) (1996) 6...Category: Criminal Law | Date: | Hits: 75
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
.... not be enhanced or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts which led to the trial of the accused appellant Abdul Gani on a charge under section 165 A of the Pakistan Penal Code and the accused appellant Taru Mian under sec......stence of an official act. At least there is no evidence to show that really there was an official act in pursuance of which the accused persons were attempting to take bribe and also there was an abetment of taking bribe. Vague and uncertain allegations have been made in connection with a rioti..Category: Criminal Law | Date: | Hits: 68
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