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State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
.... Accused-respondent Nos. 1-6 and accused Abdul Malek and Abdul Majid were convicted under section 148 of the Penal Code and sentenced to suffer RI for 3 years each. Some other accused persons were charged under sections 326, 324, 323 and 436 of the Penal Code. Some of them were acquitted of the ......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103. ..Category: Criminal Law | Date: | Hits: 80
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
.... He accepted these claims, but found that the plaintiffs have not been able to prove their claim in respect of items Nos. 4, 5 and 6 in the plaint, namely, average net revenue loss, salary and food charge of the staff of the vessel and salary of the staff for ten days and therefore disallowed the......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)
....The facts are like this: The three appellants along with 6 others were tried in Sessions Case No. 13 of 1991 in the Second Court of Additional Sessions Judge, Barisal and acquitted of the charge of murder under sections 302/34 of the Penal Code. Government filed an appeal, No. 16 of 199......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ..Category: Criminal Law | Date: | Hits: 57
Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)
....tacked and murdered Rafiqul Islam on the informant’s refusal to pay illegal subscriptions in order to continue the construction of the market. 3. Police after investigation submitted charge sheet against others excluding these four accused-petitioners and submitted a final report i......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ..Category: Criminal Law | Date: | Hits: 66
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....property in question from the list of abandoned property. Having failed to get any redress he on 2-9-75 vide Annexure ‘D’ to the writ petition made a representation to the Minister-in- charge of the Ministry of Public Works for releasing the said property from the list of abandoned p......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
.... Appeal No. 877 of 1994 dismissing the appeal and altering the conviction and sentence to one year rigorous imprisonment under sections 342/34 of the Penal Code and acquitting the appellants of the charge under section 376 of the Penal Code read with section 4(c) of the Cruelty to Women (Deterre......and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ..Category: Criminal Law | Date: | Hits: 76
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
.... leading to this appeal may be briefly noticed. The accused-appellant along with 6 others was put on trial before the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Adalat, Patuakhali to answer a charge under section 10(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 in Nari-o Shish......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....nt on 20-3-91 whereupon the learned Chief Justice referred the matter to a third Judge, Anwarul Hoque Chowdhury J, who having agreed with Qazi Shafiuddin J, for different reasons, the Rule was discharged by the impugned judgment and order dated 9-12-91. 5. Leave to app......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....e’s Republic of Bangladesh challenged the legality of the action of locking up and sealing of the room of a house at 2/A of Jahangir Road, Dhaka Cantonment by the respondent No. 2, officer-in-charge of the Cantonment Police station, Cantonment, Dhaka, in the writ petition filed under Artic...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..Category: Constitutional Law | Date: | Hits: 170
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
....Thereafter the petitioner was transferred from Patuakhali to Pabna as a Sheristader. The Ministry of Law and Justice held an enquiry on the basis of such letters and the petitioner was served with charges to which he submitted explanation. Thereafter an enquiry was held by the Subordinate Judge ...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ..Category: Administrative Law | Date: | Hits: 125
Billal Vs. State, 2000, 29 CLC (AD)
....alpable misapplication of the law of circumstantial evidence. 6. After discussing the evidence of the witnesses and considering the law relating to circumstantial evidence in proving the charge against the accused the High Court Division found as follows: “From the......ed appellant. On the contrary the circumstantial evidence relied upon is so slender, inadequate and infirm that the accused appellant cannot be convicted under section 302 of the Penal Code or for abetment of the offence. Even in the confessional statement of the co-accused Saiful Islam the accu..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....uspending, discharging or dismissing them shall vest in the Governing Body of the college concerned. Before any action is taken an opportunity should be given to the offending teacher to meet the charge against him.” 10. Relying on the aforesaid provisions of the said Statut......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ..Category: Others | Date: | Hits: 84
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....t the definition of the service of the Republic means any service in respect of the “Government of Bangladesh”. By ‘Government of Bangladesh” what is meant is the executive Government that discharges the executive administrative functions of the State. The judicial officers not being executi......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....respondent No. 1 concerning the appellant is not a reasonable opinion of a reasonable person. 11. Before parting we like to observe that under the service jurisprudence when an employee is charge sheeted he is also put under suspension till conclusion of the inquiry proceedings. A Direct......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..Category: Business or Commercial Law | Date: | Hits: 116
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
.... account all these facts and the law itself and to make an order of release upon its own expert opinion that she is about “to attain the age of 18 years.” 14. It is found that charge sheet had been submitted a week before the impugned judgment was passed i.e. on 18-3-98 unde......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....aw Amendment Act, 1958. Relevant facts in short are that the appellant as a store keeper of the Agricultural Development Corporation, briefly “the Corporation”, at Patuakhali, has been charged for committing an offence of misappropriation of Taka 49,967 by creating certain false vouc......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....iences on 29-7-93. On 30-12-93 the Vice Chancellor constituted an Admission Committee for ‘Gha” Unit for 1993-94 with the petitioner- respondent as Chairman. The respondent upon taking charge of the fund found irregularities in the management of the same. He requested Professor Anwa......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ..Category: Constitutional Law | Date: | Hits: 201
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... sentencing the appellants to suffer Rigorous Imprisonment for 4 years and to pay a fine of TK 5,000.00 each in default to suffer Rigorous Imprisonment for 6 months more finding them guilty of the charge under section 395 of the Penal Code. 2. The short fact leading to this appeal is th...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ..Category: Criminal Law | Date: | Hits: 92
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....that, suddenly notice to show cause within 19-2-94 had been issued by the appellant 10 explain why respondent’s licence would not be cancelled vide memo dated 9-2-94 which did not give any specific charge in respect of any omission or commission on the part of the respondent as recruiting agent bu......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192