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Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)

....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. ......t (Union Parishads) Ordinance, 1983 and the rules framed thereunder, called Union Parishads Election Rules 1983. The Election Commission is a body constituted under Article 118 of the Constitution of Bangladesh. Article 119(1) of the Constitution describes the functions of the Election Commission re..

Category: Election Law | Date: | Hits: 117

Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)

.... six petitions, arising out of Special Case No. 11of 1992 of the Court of Special Judge, Dhaka, were heard together and are now disposed of by this judgment. 2. On April 14, 1991 an Officer of the Bureau of Anti-Corruption, Dhaka lodged a First Information Report with the Motijheel Police Station......ake cognizance of the offence under the Prevention of Corruption Act punishable under section 5(2) of the Act 11 of 1947. In State represented by the Solicitor, Government of the People's Republic of Bangladesh Vs. Divisional Special Judge, Khulna Division and another 44 DLR (AD) 215 this Court reâ€..

Category: Anti-Corruption Laws | Date: | Hits: 302

Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)

....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......ate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment January 31st, 1993.  ..

Category: Administrative Law | Date: | Hits: 125

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......dlock. The wife is the owner of the'  ‘A’ schedule land. The plan for the construction of the building was sanctioned in her name. The wife mortgaged the land to the Shilpa Bank of Bangladesh, the successor of the former Industrial Development Bank of Pakistan, for securing the h..

Category: Property Law | Date: | Hits: 80

Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)

.... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ......il) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J. Giasuddin Bhuiyan (Md)...................Appellant Vs. Chairman, Bangladesh Power Development Board & others................ Respondents Judgment A..

Category: Criminal Law | Date: | Hits: 71

Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)

....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 ......ported in: 45 DLR (AD) (1993) 23 ..

Category: Property Law | Date: | Hits: 64

State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)

....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. ......What I find is that it is neither a case of mis-joinder of charges nor a case of trial without jurisdiction. The offence allegedly committed by the respondent is the offence of smuggling of gold into Bangladesh. Smuggling particularly of gold has been defined in the Special Powers Act and this defin..

Category: Criminal Law | Date: | Hits: 132

Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)

....he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ......t: Sayem CJ  AB Mahmud Husain J  Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another ………………………&hel..

Category: Constitutional Law | Date: | Hits: 716

Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)

....a Special Magis­trate shall not take cognizance of any 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...... Ed. ..

Category: Criminal Law | Date: | Hits: 125

Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)

....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. ......p; 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 (Special Tribunals) Order, 1972 (hereinafter referred to as the Collaborat..

Category: Criminal Law | Date: | Hits: 63

A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)

....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. ...... 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 No. 8 of 1972. i.e., the Bangladesh Collaborators (Spe­cial Tribunal Order, 1972 (hereinafter referred to as the Collabo..

Category: Criminal Law | Date: | Hits: 53

Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)

....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ...... M. A. Jabir J Halcyon Steamship Co., Inc., USA, represented by Hegee & Co. (Pak.) Ltd… Appellant Vs. Province of East Pakistan now Govt. of Bangladesh, re­presented by Collector of Chittagong ……………&hel..

Category: Civil Law | Date: | Hits: 110

Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)

.... 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. ...... Appellate Division (Criminal) Present: A. M sayem CJ B.  Mahmud Hussain J M. A. Jabir J Superintendent and Remembrancer of Legal Affairs, Govt of Bangladesh...………………..Appellant Vs. Jobed Al..

Category: Criminal Law | Date: | Hits: 39

State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)

....ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ...... Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Govern­ment of the People's Republic of Bangladesh ........................Appellant Vs. Ashraf Ali and others ....

Category: Criminal Law | Date: | Hits: 119

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ...... ..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)

....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......ivision Bench of the High Court Division, Dhaka, in Writ Petition No. 696 of 090, discharging the Rule. 2. Petitioners, claiming themselves as the President and Secretary respectively of the Bangladesh Registration TC Karmachari Samity, filed the aforesaid Writ Petition, calling in questio..

Category: Employment/Service Law | Date: | Hits: 66

Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)

....laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......nsurer who already paid the insurance claim in respect of the goods for which he had stood surety, but which were damaged by the master or crew of the vessel. After the said goods were brought into Bangladesh, the petitioner filed the suits for recovery of the money he paid as an Insurer. An app..

Category: Admiralty Law or Maritime Law | Date: | Hits: 218

Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)

.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......slation prohibiting dowry and making the giving or taking or demand of dowry an offence. The Dowry Prohibition Act, 1961 (Act No. 28 of 1961) of India, it appears, was profusely borrowed by the later Bangladesh legislation on the subject and therefore it may not be out of place here to quote the fir..

Category: Criminal Law | Date: | Hits: 69

Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)

....lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ......ed in: 46 DLR (AD) (1994) 158 ..

Category: Procedural Law | Date: | Hits: 104

Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)

....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ...... made by the High Court in its writ jurisdiction will be available to it under the said section 114, if that section is otherwise applicable. 10. In the case of Khademul Islam Chowdhury Vs. Bangladesh, 33 DLR (AD) 111, a judgment passed on review by the High Court Division in its writ jur..

Category: Procedural Law | Date: | Hits: 102