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Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....n agreement with Mustafa Kamal, J I and have nothing further to add. Mustafa Kamal J : 36 accused persons, including the four accused‑appellants before us, stood their trial before the learne......rsy with regard to P.W. 4 Wahab being an eye‑witness but as P.W. 2 Pilu, an injured witness in the same occurrence, has been corroborated by P.W.s 3 and 5 they cannot be disbelieved for being interested witnesses. Then the learned Sessions Judge observed as follows: “tothapi ba......at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....ion in the Nalchity Police Station, alleging, inter alia, that while he and his elder brother P.W. 12 Abdul Mannan were away from their house in the morning, the accused appellants, and many other persons, variously armed, raided their house in order to take its forcible possession, broke throug......every case. 10. The State is correct to point out that P.W.s 2, 3 and 4 are natural witnesses. In this case apart from their general interest to support the prosecution case they were also interested in protecting their relations P.W.s 1 and 12 and their witness P.W. 10 who were accused ......p; Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..Category: Criminal Law | Date: | Hits: 40
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
....t;establishment‑wise" as is required under the Ordinance, 1969. 15. Contrast the provisions of the Trade Unions Act, 1926, a predecessor to the Ordinance, 1969. Any seven or more persons actually engaged or employed in an "industry" could form a trade union and apply ....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..Category: Labour and Industrial Law | Date: | Hits: 103
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....Divisional Magistrate, Sader (North) Chittagong passed the following order; "Seen the final report false under sections 147/448/380 of the Penal Code and it is accepted. Accused persons are discharged from the case. The Investigating Officer in the final report has prayed for......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ...... 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....pplication under Article 102(2) (b) of the Constitution, for examination of the material question how the mind of the detaining authority worked in a particular case. From facts of a case different persons may formulate grounds differently, but they must in the minimum give clear and precise inf......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ...............Appellant Vs. Bangladesh and others... ..................Respondents Judgment August 31st, 1992. Lawyers Involved: Maudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant AF Hasan Arif, Deputy......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....nor can there be any question raised about it for, it is not only the respondent's enterprise which has been placed under the Corporation, but as many as twelve such enterprises belonging to other persons have also been placed under the Corporation by the same Notification (Annexure-H). I have t......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ...... High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....he informant victim P.W. 4 Salma Begum was returning to her husband's house at Godaragat in a rickshaw from her father's house at Monipur and when she reached near "Soni Cinema Hall" four persons stopped her rickshaw and forcibly abducted her after holding tier mouth fight. She was kept...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ...... appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ..Category: Criminal Law | Date: | Hits: 66
Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)
....f 2 years has elapsed before the expiry of his last term as such a Member. 3. The High Court Division held that the impugned law not only applies against the petitioner but also against all persons who had been Members of a Managing Committee for 3 consecutive terms and therefore there is......ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ....... The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ..Category: Constitutional Law | Date: | Hits: 150
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
.... that the Election Commission interfered not for any "disturbance during the poll", but it cancelled the result showing the ground that in the disputed centre "30 votes were cast in the names of dead persons, 58 votes were cast for absentee voters and that 98% votes were cast in " Centre, which was ....... In such cases, the Election Commission has got power to direct fresh poll. It was also observed that though election in a centre was held peacefully, the Presiding Officer might be influenced by an interested candidate to make false report as to the counting of votes, which appears on the face of ...... 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....ile the suits were pending Abdus Sukur Pradhan and 12 others filed a petition on August 26, 1989 directly to the President praying for allotment of the plots on the ground that they were the affected persons and they had offered the highest bid in the auction, held earlier. Within two days the Presi......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..Category: Anti-Corruption Laws | Date: | Hits: 302
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
.... quoted the aforementioned observations of the Privy Council in Bhinka Vs. Charan Singh, AIR 1959 (SC) 960 and upheld the maintainability of six suits for eviction filed by a Zamindar against some persons who claimed to be hereditary tenants and who obtained an order from a Magistrate under sect......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......ithout any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ..Category: Property Law | Date: | Hits: 81
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....rtain days in a week, a fair." The term 'hat' is defined in clause (12) of section 2 of the Act: "Section 2(12).- "hat" or "bazar" means any place where persons assemble daily or on particular days in a week primarily for the purposes of buying or sel......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......Islamia High School....................................Respondent Judgment July 18th, 1991. Cases Referred to- Secretary, Muktagacha Abbasia Senior Madrassa Vs. The Province of East Pakistan, 15 DLR 37, ‑15 DLR (SC) 139; Yusuf Ali Chowdhury Vs. Province of East ......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....inary law is advantageous to the accused‑respondent and punishment thereunder is much less than that under the special law. He has referred to Article 27 of the Constitution which guarantees to all persons the right of equality before law and equal protection of the law. This Article, he contends,......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ..Category: Criminal Law | Date: | Hits: 132
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....ed State Acquisition Act) in view of the fact that Part V including section 96 thereof was brought into force in the area where the land was situated. Then on 23. 1.65 the respondent added certain persons as opposite parties, some of whom are co sharers of the holding and some others are ow......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......tances of the case there will be no order as to costs. Ed. ......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....inant's need of it, and the absence of an adequate remedy in law, must clearly appear. The complainant cannot succeed because some one else may be hurt. Not does it make any difference that other persons who may be injured are persons of the same race or occupation. It is the fact, clearly e......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......rs—which justifies judicial intervention." ......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......r as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......Hamida that the respondent stopped to give the ''khorposh'' (maintenance) from 1960. All the children are school-going and a sum of 7/8 hundred rupees required for their maintenance and educational expenses. She was not cross-examined on the point that the respondent stopped maintenan..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....schedule offence except upon a report in writing made by a Police Officer not below the rank of a Sub-Inspector or an officer of the Bureau not below the rank of an Assistant Inspector or any persons empowered by the Government in that behalf. 6. Clause (2) of article 4 lays down......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......llowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....nbsp; Sayem CJ.—This judgment disposes of petitions for special leave to appeal Nos. 47 and 48 of 1973 preferred by two persons who are facing a trial under President's Order No. 1972, i.e, the Bangladesh Collaborators ......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......lid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....1973) Judgment: Sayem CJ.-This petition for special leave to appeal is by two accused persons currently facing charges before a special Magistrate at Mymenshingh under President's Order......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ...... an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 53
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....le, it has already been observed, makes no specific reference to a person acquitted after a regular trial; nor could it be intended by the law maker to refer to such a person as it deals only with persons in custody and since on the pronouncement of a judgement of acquittal an acquitte...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ......y under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
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