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Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....e High Court are that: The petitioner was appointed as L.D. Assistant in 1949 in the Ministry of Public Works and Urban Development and was promoted as Head Assistant on 19-2-72. He has given current charge of Section Officer on 19-6-72 in the said Ministry. While he was Section Officer he was in th......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ..

Category: Employment/Service Law | Date: | Hits: 72

Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)

....how cause as to why penal action under section 167(8)(b) of the Sea Customs Act should not be taken against him. The respondent showed cause. The Customs Authority, however, convicted him on the said charge and the goods of each of the three consignments were ordered to be confiscated. The responden......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..

Category: Fiscal/Taxation Law | Date: | Hits: 68

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

.... his satisfaction and the order of detention. Interpreted in this way both the legal requirement of the Act and the Constitutional mandate can be harmonised. The High Court, therefore, in order to discharge its constitutional function of judicial review, may call upon the detaining authority to disc...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..

Category: Constitutional Law | Date: | Hits: 408

Moyezuddin and another Vs. State, 1977, 6 CLC (AD)

.... the confession of co-accused Alo could not be used against the Appellants as it is without independent corroboration. 2. The Appellants along with two other accused were put on trial to answer a charge of an offence under section 326-34 of the Penal Code, and were convicted by a First Class Mag...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ..

Category: Criminal Law | Date: | Hits: 41

Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)

....he Muslim Law of Inheritance. The minors were admitted to the benefits of the partnership but they are not responsible for the loss. The firm was assessed in the status of a regis­tered firm for the charge years 1964-65, 1965-66, and 1966-67. The Income Tax Officer included the shares of the five m......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)

....the delay in presenting the appeal should not be condoned for the reasons stated in the peti­tion. On hearing the parties and upon consideration of the cause shown by the respondent, the rule was discharged and the petition was rejected on July 28, 1977. This judgment is under appeal. 3. Mr. Ab......dinary litigant. We do not find any substance in this appeal. In the result, the appeal is dismissed. We make no order as to cost. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 45. ..

Category: Procedural Law | Date: | Hits: 101

Chair­man, Inspecting Assistant Commissioner of Income Tax Vs. Khan Saheb Ata Md. Khan, 1978, 7 CLC (AD)

....the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ......the High Court and restore that of the Income Tax authority. As there is no appearance on the other side we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 48. ..

Category: Fiscal/Taxation Law | Date: | Hits: 78

Enamul Huq and another Vs. State, 2006, 35 CLC (AD)

.....W.2 Maksudur Rahman narrated the occurrence to them. P.W.1, paternal uncle of the deceased lodged the F.I.R. with Baufal Police Station. 3. Police on completion of investigation, submitted charge sheet against the accused persons. 4. At the trial the accused persons were charged ...... 16.  In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 43

Jashimuddin & other Vs. State, 2006, 35 CLC (AD)

....from that house. The accuseds kidnapped the victims and kept them in confinement for realization of ransom money from the informant party. 3. Police on completion of investigation submitted charge sheet under sections 13/14 of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995(shortly ......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 36

Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... Division of the Supreme Court of Bangladesh in Writ Petition No. 396/89 as preferred by the petitioner, appropriate review committee was formed consisting of 5 members, Additional Secretary in-charge of Ministry of Law and Justice being convenor of the said committee to dispose of the revie......ring the  review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..

Category: Administrative Law | Date: | Hits: 92

M Sahabuddin Vs. State, 2006, 35 CLC (AD)

....e spot while injured Jalil Munshi was rushed to the hospital where he had died subsequently. 3. Upon the said first information report, police investigated the case and thereafter, submitted charge-sheet on 8-12-2001 and the case was ready for trial and it was transferred to Divisional Dr......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 34

Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)

....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 69

Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)

....ingle natural independent witness deposed that Rativan executed and registered the heba-bil-ewaz in question voluntarily having been fully aware about its contents. Thus, the defendant failed to discharge his special onus........." 9. Leave was granted to consider the contentions&nbs......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is  allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 30

Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)

....ements under section 164 of the Code of Criminal Procedure. The investigating agency arrested some other accused, seized alamats, examined witnesses. 4. After completion of the investigation charge-sheet has been submitted on 19-3-2005 against the accused AKM Abdul Quayum and 7 others unde......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..

Category: Criminal Law | Date: | Hits: 43

Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)

....in the course of their official duties and running the affairs of the Union Parishad. The fact that these persons are financially handicapped by being 'defaulters' will embarrass them in the discharge of their duties. It is quite natural that a person seeking election to local body, such as ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..

Category: Constitutional Law | Date: | Hits: 221

Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)

....on the allegation of committing murder of one Shahajuddin Bepari of Moharajpur, Police Station Rajbari on 19-7-1993 and for causing disappearance of evidence of the aforesaid offence and were thus charged under sections 302/34 and 201/34 of the Penal Code. The learned Sessions Judge by examining......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 36

State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)

....wo persons, namely, Abdul Kalam Babul and Arif Haider died and respondent No. 2 Abu Lais Chowdhury was injured and the materials used for making bombs were seized from there and thereafter Officer-in-charge of Chatak Police Station lodged an first information report with the said police station unde......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..

Category: Criminal Law | Date: | Hits: 184

Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)

....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in:  28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in:  28 BLD (AD) 2008, 126. ..

Category: Employment/Service Law | Date: | Hits: 109

Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)

....political justice to the citizens. 108. We have also adopted a democratic Constitution but successful working of it requires that those responsible to make the democracy successful should discharge functions in accordance with the Constitution and the law of the land. 109. In order ......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..

Category: Election Law | Date: | Hits: 159

Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)

....y leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. 2417 of 1996. The High Court Division by the aforesaid judgment discharged the Rule obtained impugned order of compulsory retirement dated July 30, 1994. 2. Fa...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 92