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Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
..............................Respondents Judgment December 11, 1997. The Code of Criminal Procedure, 1898 (V of 1898) Section 561A It is not necessary to amend the charge sheet to include a higher offence as because that can be done at the time of framing o...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ..Category: Criminal Law | Date: | Hits: 74
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....nd that the disputed amount which was transferred to the account of the BPC as per decision of the Inter-Ministerial meeting dated 17-11-79 was an income in the hands of the appellant and, as such, chargeable to income-tax. Mr. Matiar Rahman, learned Counsel representing the revenue, has no answ...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....he aforesaid unpaid amount but ultimately did not pay the same and thereby he by deceitful manner misappropriated the aforesaid amount of money. 3. On 11-3-95 the Magistrate framed charge under sections 406/420 of the Penal Code against respondent No. 1. Then respondent No. 1 mov......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....ther Taher Ali as executant and that on query Taher Ali denied to have executed any deed of gift in favour of his sons, GR Case No. 213 of 1987 was started and after investigation police submitted charge-sheet against the accused under section 467/468/471/109 of the Penal Code. 2. ......essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ..Category: Criminal Law | Date: | Hits: 73
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....en able to make out a case that its own private interest is so overwhelming that public interest should be subordinated thereto by issuing an interim order in its favour. The operation relating to discharge of bulk wheat from free outturn vessels berthed in Chittagong Silo Jetty under vacuvators is ......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ..Category: Others | Date: | Hits: 113
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....allegation that the accused petitioner had committed forgery in respect of the said two in heba-bil-ewaz deeds, he was put on trial before an Additional District Magistrate, Mymensingh to answer a charge under section 467 of the Penal Code and another Md. Ismat Ali since acquitted in appeals was......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....ell down unconscious on the ground. Kadem Ali succumbed to his injuries on the spot. PW 1 lodged the First Informant Report at 11-30 AM on the same day and the Police after investigation submitted charge-sheet against 18 accused persons. The prosecution examined 19 witnesses and tendered one as ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....ive officer have now presented this petition for leave to appeal from the said judgment of the High Court Division. 3. It is contended on behalf of the petitioners that the repairing charges incurred by the DGFI claimed by the Cantonment Board being a charge incidental to the owne......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..Category: Property Law | Date: | Hits: 74
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....fe and to pay a fine of Taka 10,000.00 in default to suffer for 6 months more, no separate sentence having been passed under section 148 of the Penal Code. Co-accused Keru and Kader were also charged under section 324 of the Penal Code but they were acquitted of the said charge. ......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..Category: Criminal Law | Date: | Hits: 104
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....mprisonment for 7 years and to pay a fine of Taka 5,000.00, in default to suffer RI for 3 years more. Accused Moksudur Rahman and Air Commodore (Retd) Mainul Islam (absconder) were acquitted of the charge under section 25D of said Act for want of evidence. 2. The present appellants......er rigorous imprisonment for life and to pay a fine of Taka 20,000.00 each, in default to suffer RI for 6 months more. The Tribunal also found appellant Major (Retd) Ashrafuddin Sekander guilty of abetment of offence under section 25D of the said Act and convicted and sentenced him suffer rigoro..Category: Criminal Law | Date: | Hits: 130
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......ensation was stalled due to raising of objection on an application before the joint Secretary prior to the date of appearance before the Deputy Commissioner for claiming compensation, the question of abetment under section 12 of the Ordinance is irrelevant. Lawyers Involved: SR Pal, Senior ..Category: Property Law | Date: | Hits: 89
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....l Revision Nos. 1255 and 1256 of 1993 before the High Court Division and a learned Single Judge of the High Court Division by a common judgment affirmed the decision of the Subordinate Judge and discharged the Rules. Pre-emptor petitioner is now seeking leave to appeal from the impugned judgment......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ..Category: Property Law | Date: | Hits: 51
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....efault to suffer rigorous imprisonment for three months more. 2. Upon an FIR lodged by the Assistant Inspector, District Anti-Corruption Bureau, Gopalganj on 29 September, 1988, the appellant was charged under sections 465/467/471 of the Penal Code with the allegation, inter alia, that on 16 Apr......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..Category: Anti-Corruption Laws | Date: | Hits: 71
Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)
....t No.4 for administering oath to them. Thereafter on 17-8-92 respondent No.4 administered oath of office to respondent Nos. 5-14 and by a Memo. dated 22-10-92 directed the petitioner to make over the charge of office of Chairman to respondent No. 5. The petitioner challenged the Memo. dated 22-10-92......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ..Category: Election Law | Date: | Hits: 110
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....as the support of majority members of the Raj family, an eminent social worker and ex-Chairman; Union Parishad and in that perspective respondent No.1 is physically more able than the appellant to discharge the onerous duties of the Bohmong Chief. The Divisional Commissioner did not find fault with ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....no authority to direct the exercise of magisterial power to reinstate respondent No. 2. 4. Respondent No. 2 contended that in pursuance of the impugned order the Magistrate concerned handed over charge of the Headmaster to respondent No. 2 on 14-9-94 by making an inventory of the records and ma......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..Category: Employment/Service Law | Date: | Hits: 115
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
....en he held the position of Deputy Assistant Director of the Department of Fire Service and Civil Defence under Rules 3(b) and 3(d) of the Government Servants (Discipline and Appeal) Rules 1985 on the charges of corruption and misconduct. Respondent No.3 the Director General of Fire Service and Civil...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..Category: Administrative Law | Date: | Hits: 145
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....n 17-12-96 under the chairmanship of the Thana Nirbani Officer, Chitalmari he was elected as the acting chairman and he took over office since 21- 12-96 upon refusal of the writ-petition to hand over charge as directed by the Thana Nirbahi Officer and has been carrying on the function of the chairma......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..Category: Others | Date: | Hits: 112
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....hibited various documents. Respondent No. 1 did not examine any witness. 4. Tribunal No. 1 of the Bangladesh Bar Council, which heard the matter, was pleased to find respondent No. 1 guilty of the charge of gross professional misconduct beyond all reasonable doubts but took a lenient view in cons......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....the relevant column of the passport meant for describing the profession of the passport holder and thereby committed serious misconduct. The respondent duly submitted his explanation against the said charge stating that he was attacked with illness of very serious nature and as such he was compelled......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..Category: Employment/Service Law | Date: | Hits: 145
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