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Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....The petitioner’s further allegation is that the Police recovered the property listed in the First Information Report from the possession of respondent No. 2. 3. Police submitted charge-sheet after investigation and ultimately a Metropolitan Magistrate framed charges against al......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ..Category: Criminal Law | Date: | Hits: 93
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....ring’ on behalf of the State submitted that he had instruction from the Government not to press this Rule as the Government do not like to proceed with the same. Accordingly, the Rule was discharged for non-prosecution on 3-7-96 by a Division Bench. Thereafter the accused-petitioners filed...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..Category: Criminal Law | Date: | Hits: 63
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....he Penal Code against the appellant and three others. The case was ultimately registered as OR Case No. 835 of 1984 in the Court of Metropolitan Magistrate, Chittagong wherein the police submitted charge sheet on 11-12-84 under the aforesaid section of the Penal Code against the appellant and ot......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ..Category: Criminal Law | Date: | Hits: 72
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....Criminal Appeal No. 258 of 1992). Judgment: ATM Afzal CJ: In this appeal by leave against an order of acquittal of the lone respondent from the charge of murder and grievous hurt passed by a Division Bench of the High Court Division by the imp......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....olation of one of the conditions Furthermore, the value of the land mortgaged for securing the Loan was over-stated to show the same as proper security. 3. After investigation the police submitted charge-sheet against the petitioners and others on sections 420/109 read with section 5(2) of Act II......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..Category: Anti-Corruption Laws | Date: | Hits: 75
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t a counter-affidavit was on behalf of the State to which the respondent gave a reply. 7. The High Court Division after considering the materials on record against the respondent, namely, the FIR, charge-sheet, the alleged confessional statement and statements of three witnesses under section 161......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
.... 5. Nobody for a moment will dispute that t Public Prosecutor is not the Government. But nobody also will dispute that a Public Prosecutor represents the State in a case “of which he has charge” which is under enquiry, trial or appeal. Any action taken by the Public Prosecutor, i......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ..Category: Criminal Law | Date: | Hits: 74
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
....shing the proceeding of the aforesaid OR Case, and obtained Rule, Criminal Revision No. 382 of 1992. A Division Bench of the High Court Division by the impugned Judgment and order dated 28-5-96 discharged the Rule holding, inter alia, that in view of the amendment made by Act XLII of 1992 to the...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....ounded them up, but some of the suspiciously moving persons escaped with ants after a scuffle. The appellant and the said Anwarullah were apprehended by the gram police. A rope and an electrically-charged torchlight were recovered from the person of the appellant and a knife measuring 11 inches ...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
...., 1980 (Act No. VII of 1981), henceforth the said Act. 2. The appellant, a Manager in the Audit Division of the Head Office, Agrani Bank, respondent No. 2 was departmentally proceeded against by a charge-sheet dated 8-11-77 following which he was dismissed from service on 16-2-79, an appeal from ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ..Category: Administrative Law | Date: | Hits: 131
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....August, 1994 dismissing CPLA. No. 111 of 1993 filed by the petitioner. 2. The petitioner was a District Co-operative Officer who was dismissed from service by order dated 16-11-1990 on the charge of misconduct following a departmental proceeding. Facts of the case have been set out in th......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ..Category: Administrative Law | Date: | Hits: 112
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
.... J: The accused-petitioner upon an FIR lodged by one Md. Chhanaullah, Management Consultant of ACME Laboratories Ltd. Dhaka lodged with Kotwali Police Station, Dhaka was named as an accused in the charge-sheet after investigation under section 420 of the Penal Code, section 24 of the Drugs Act, ...... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ..Category: Criminal Law | Date: | Hits: 99
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....from respondent No. 3 upon an ante-dated application extending his service up to 31-12-95. Respondent No. 4 on 2-10-95 and again on 12-10-95 and again on 12-10-95 directed the petitioner to hand over charge of the office of the Headmaster to the writ-petitioner but he did not comply with the orders....... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..Category: Constitutional Law | Date: | Hits: 163
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....1397 BS. He again failed to repay the same and then took time for 10 days more. Ultimately on the 8th Baishak 1398 BS the appellant in presence of witnesses refused to repay the same. On 15-12-91 the charge under section 406 of the Penal Code was framed against him. He denied the charge and claimed ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....e Criminal Investigation Department (CID) before the High Court Division Writ Petition No. 2647 of 1995. A Division Bench of the High Court Division by its judgment and order dated 30-6-96 discharged the Rule. The accused-petitioner is now seeking leave to appeal from the impugned judgment ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ..Category: Criminal Law | Date: | Hits: 78
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
....s illegal, void and of in legal effect. The application for temporary injunction was also filed thereunder for restraining defendant No. 2 (respondent No. 1 herein) from taking over the charge of the Office of the said Chamber of Commerce and Industry, pending disposal of the suit. T...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..Category: Procedural Law | Date: | Hits: 122
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....der of transportation for life passed against the two respondents by the learned Sessions Judge, Chandpur on 13-9-1986 in ST Case No. 8 of 1985 and further ‘acquitting’ them of the said charge. 2. At the end of this judgment we are going, dismiss this appeal but we shall ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
.... parte and that on January 4, 1988 the regular presiding officer of the Court had been on leave and, as such, the defendants reasonably expected, as a matter of practice, that the learned Judge-in-charge for the day would not hear the suit ex parte and another day would as usual be fixed for per......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....cipline and Appeal) Rules, 1984, briefly, 1984 Rules, charging him with the offence under Rule 3 (Ga) and 3 (Kha) thereof for unauthorised absence from duty and misconduct. He, however, denied the charges. The enquiry proceeding, due to pendency of the Appeal in the civil Court noted earlier, ha......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Monir Ahmed Fakir and others Vs. Abdul Jalil Munshi and others, 1998, 27 CLC (AD)
.... having been exercised judiciously there is nothing for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 198. ......1997. The Code of Civil Procedure, 1908 (V of 1908) Order XXII rule 3 The civil revision case having been disposed of two years back there remains nothing for recording an order of abetment in the case which was disposed of on merit by the learned single Judge of the High Court D..Category: Civil Law | Date: | Hits: 150
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