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Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....Government while making the allotment requested the appellant and the Upazila Chairman, co‑accused Ahmedul Huq, to take delivery of 395 bundles of CI sheets and prepare a Priority List of deserving persons and institutions for quick distribution of the goods; the appellant and the accused Chairman......whether the allegation is true. 6. On consideration of the submissions made by both the learned Counsels and on perusal or the papers produced in this case, we find that the Minister is personally interested in the case against the appellant; but this by itself is not sufficient to conclude that ......eeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......987‑88, elected from Chandanaish‑Satkania Constituency of Chittagong district. The Ministry of Relief allotted seven hundred CI sheets for distribution, free of charge, to individual families and educational institutions affected by the devastating flood of that year. The Government while making..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....as appointed as Commissioner to file report within 3 days. The Advocate Commissioner filed his report on 22.10.90 swing that at the time of inspection of the suit land the defendants and many local persons were present and that a pucca construction was being made on the suit land hurriedly. He a......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......s directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......sued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of speech and expression. The petition was accordingly dismissed. ......ladesh National Curriculum and Text-Book Board…………. Appellant (In Civil Appeal Nos. 76 & 77 of 1993) Government of Bangladesh, represented by the Secretary, Ministry of Law & Justice, Parliamentary Affairs & another…………&h....... 17. In order to understand the full import of the impugned legislation one has, of necessity, to refer to the law by which text-books are regulated in the primary and secondary stages of education. With the object of achieving improvement in the quality of the text-books in those stage..Category: Intellectual Property Law | Date: | Hits: 279
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
.... They were not abolished. The newly-created Permanent Benches were not continuation of the temporary Benches, but were fresh institutions under a new plan. Secondly, all the different categories or persons mentioned in section 2(e) must be those whose responsibility for absorption has been taken ......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ......) 171 ......Prime Minster (Annexure D), after proper scrutiny of their service record, before any necessary new recruitment is made. Ed. This case is also reported in: 48 DLR (AD) (1996) 171 ..Category: Constitutional Law | Date: | Hits: 161
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
....d rape on and murdered a young girl named Yasmin. It was alleged that on 27-8-1995 there were protest processions in the town and during one of such processions, police opened fire and killed several persons. The accused persons in order to screen the alleged offenders of Yasmin murder indulged in v......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. ......ccordance 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. ......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
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....-in-law Mohendra, the vendor Balaram being a permanent resident of Bilbillash under Thana Bauphal, District-Patuakhali, proposed to sell the proceeding land along with his other lands to different persons of the locality including the pre-emptor who had no means to purchase. Ultimately j present......bout the date of knowledge to PW 1 before OPW 3 Mobarak Ali. OPW 3 denied of any such disclosure about the talk kabala in his presence. Thus it is palpably clear Lehajuddin could not adduce any disinterested and reliable witness to prove his alleged first date of knowledge. Further, there is mat......man J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Mazid Howlader and another……………..Pre-emptee-Appellant Vs. Lahajuddin Howlader & others……………………Pre-emptor-......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ..Category: Property Law | Date: | Hits: 60
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......lip;…………………..Respondents Judgment May 23rd, 1996. Lawyers Involved: Rafiq-Ul-Huq, Senior Advocate (MA Advocate with him), instructed by Shamsul Siddique, Advocate-on-Record — For the petitioner. Shafique Ahme......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ..Category: Property Law | Date: | Hits: 63
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......ision, on evidence, by the appropriate authority, if and when raised after the poll. It is further submitted that the petitioner having been elected in the by-election, it is for anyone who is interested to challenge such election in the Election Tribunal and agitate the question of age u......Respondents Judgment January 3, 1996. Result: The appeal is allowed. Case Referred to- AFM Shah Alam vs Mujibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khan Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on -Record—For the Appella......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ..Category: Election Law | Date: | Hits: 129
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
.... to be fake. The committee members were examined as P.Ws. 7,8,10 and 11. Admittedly the examination of the pumps was done in the absence of the supplier. However, all of them being highly responsible persons and some of them being also highly technical, their opinion cannot be altogether brushed asi......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......o miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
.... working days from the date the Government Servant is placed under suspension whichever is earlier, the accused shall stand discharged from the charges brought against him and in such event the persons responsible for such failure shall be proceeded against under these rules.” ......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 ...... 97 ......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
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
.... analogous post. The letter dated 14-7-1984 (Annexure “E”) was in fact an office memorandum wherein information in respect of professional expertise and administrative background of the persons concerned was sought with a view to examine if some of them could be considered for absorp......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 ......llip;……………………………………………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with......in Government and non-Government institutions was brought at par with effect from 1-1-1980 and as from that date the Government undertook to bear 70% of the salary of all teachers in non-government educational institutions.Had the Bhola College not been nationalised in May 1979 the respondent as..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....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. ......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. ...... The Constitution of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniority are very important matters and a person who enters Govt. Service always thinks that if he performs his duty with honesty, sincerity and dedication his promotion and seniority......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
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....which is the own Centre of respondent No.1, he took undue advantages in collusion with the Presiding Officer and his Staff of that Centre and managed to have cast several hundreds of votes of dead persons, persons living outside the country and different places out of the locality by way of forg......d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ...... ......d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ..Category: Others | Date: | Hits: 98
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....e vs. State, 35 DLR 103, in which case a final report was submitted by the police insofar as the petitioner Abdur Razzaque was concerned, but the police submitted charge-sheet against other accused persons against whom a charge was framed by the Additional Sessions Judge under sections 302/109 o......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 ...... of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ......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)
....nt court. It was alleged, inter alia, that some miscreants on 28 February 1994 at the instance of the complainant took the photograph of their learned Advocate Abdul Mazid Khondaker and the accused persons in the Court premises and held out various threats against them, and that similar threats ......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 ...... appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ......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
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....petition are, that on 9.5.91 Mr. Md. Ataur Rahman, on Officer of the Bureau of Anti-Corruption. Dhaka Region lodged a First Information Report with Motijheel PS alleging, inter alia, that the accused persons above named along with Mr. SHM Abul Bashar, the then Chairman of former DIT (since deceased)......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 ......ns 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 ......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)
.... drastic action was taken following a tragic incident at the doctor’s cafeteria of the Chittagong Medical College Hospital on the 18th October 1993 between 11-30 AM and 12-00 noon. Admittedly, some persons entered into the cafeteria with fire-arms and opened fire indiscriminately, as a result of w......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. ......also reported in: 48 DLR (AD) (1996) 33. ......moment dispute the correctness of the principles of natural justice as were found to be applicable by the High Court Division in a case, as in the present, involving any action by the authority of an educational institution against the students put under its care and the decisions referred to by the..Category: Constitutional Law | Date: | Hits: 169
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....d 27 appellants were convicted under section 148 of the Penal Code and variously sentenced. They appealed and the informant too filed a revision praying for conversion of the conviction of 27 accused persons from sections 148 to section 302/34 of the Penal Code. The High Court Division in disposing ......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.......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.......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
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....d 'Uma'. So far as the 'Jha' schedule property is concerned it was agreed in the course of the suit that this should be kept outside the suit, as all the persons interested therein were not impleaded in&nb...... So far as the 'Jha' schedule property is concerned it was agreed in the course of the suit that this should be kept outside the suit, as all the persons interested therein were not impleaded in the...... appellate Court are affirmed. Ed. ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....id Mujibar Rahman obtained an order of sanction from the Superintendent "of Police, Dacca, for prosecuting the accused Taru Mian. Thereafter he submitted charge-sheet against both the accused persons on 24.6.64. 3. The Court read the accusation and explained the same to the accused u......esides in Dacca and there is no mention of the name of Taru Mia in the said written complaint. From a close examination of the evidence of the prosecution witness, it is clear that all of them are interested witnesses. In this case, it is to be noted that payment of money is admitted. Unfortunat......ingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
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