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Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
.... Court in exercise of its powers under section 561A of the Code of Criminal Procedure. 6. The learned Judges of the High Court Division quashed the proceedings and expressed the opinion that the state, if so advised can take recourse to the normal law of the land and prosecute the detenu. In ar......s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....the tenancy by a notice under section 106 of the Transfer of Property Act. 3. The defendant in denying the plaint case in denying raised the question of title of the plaintiff. This written statement was accepted on 25.11.69 and issues were framed on 10. 1. 1970. The plaintiff on 3.2.70 p......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....chine which had been stolen on the previous night. The arrested person‑accused Shafi was also found in the thana in presence of many persons including Police personnels. Accused Shafi made a statement saying that three other persons namely, co‑accused Belal, Nannu and Mofazzal (who a......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..Category: Criminal Law | Date: | Hits: 44
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ..Category: Property Law | Date: | Hits: 54
State Vs. Zahir and ors., 1993, 22 CLC (AD)
.... 4. The High Court Division came to the conclusion that the conviction was based on no legal evidence. It noticed that (a) of the neighbouring 6 witnesses 5 of them categorically stated that the names of the dacoits allegedly recognised were not disclosed to them when they came......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ..Category: Criminal Law | Date: | Hits: 48
Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)
....n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ....... 5 could only be brought to an end by an amendment of the Ordinance by deleting its name from the schedule, The Ordinance was promulgated to provide for the coordination of management of the affairs and business of certain public corporations for a limited purpose. The liquidation ..Category: Business or Commercial Law | Date: | Hits: 104
Kalu and another Vs. State, 1993, 22 CLC (AD)
....ch newly dug out in the above mentioned place and on identification held inquest over the dead body. His mother Muljan Bewa, P.W. 4, lodged a first information report on March 14, 1969 wherein she stated that on getting a report that her son Tegu was being chased by a mob ran to the railway line...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....e east of place of occurrence. P.W. 14 Sub-Inspector Sk. Wahidur Rahman was the Officer-in-Charge of the Police Station on the day of occurrence in the absence of the regular Officer-in-Charge. He stated in his evidence that on 11.6.85 P.W. 10 Alamgir, P.W. 4 Abdul Wahab and Laik (not examined) ......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)
....nd 4 narrated the occurrence to the informant when he came back home from Mohan Shar Hat. P.W.s 5 said that only 7/8 persons came to the place of the occurrence and they were his relations. P.W. 6 stated that many persons from the village came to the place of occurrence and there were some who w......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
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ..Category: Property Law | Date: | Hits: 72
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....b Khan of the charge under section 409 Penal Code. 2. The prosecution case was that the respondent in his capacity as Head Tahsilder of Moukaran Tahsil Office under the Government Acquired Estate, Patuakhali had collected Tk. 15,508.52 Paisa as rent taxes, etc. from different tenants by ......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..Category: Criminal Law | Date: | Hits: 41
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....lowed pre‑emption in respect of both the plots finding them to be contiguous to the pre‑emptor's land. This finding was confirmed in appeal by the Subordinate Judge. But in revision, as stated above, a learned Single Judge of the High Court Division reversed the finding in respect of......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....correct but is also subversive of the authority of the High Court Division in stay matters. Granting of an order of stay by the High Court Division means the continuance of the previously existing state of affairs and until the order of stay is vacated or varied or until the Rule Nisi is dispose......for being, a Chairman or a member if. (f) he is a party to a contract for work to be done for, or goods to be supplied to the Union Parishad concerned or has pecuniary interest in its affairs, or is a dealer in essential commodities appointed Government." 4. The de..Category: Election Law | Date: | Hits: 106
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
.... 9, 1970. On an application by the Government the ex parte decree was set aside and the suit was restored to its file and number on June 23, 1970. After about three years the Government filed written statement and, inter alia, took the plea that the suit was not maintainable in view of section 14A o......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ..Category: Limitation Law | Date: | Hits: 271
Sompong Vs. State, 1993, 22 CLC (AD)
....course of the investigation of the case a seizure list was made by an SI of Police (P.W. 11) of the goods which were already seized by the customs department. In his deposition in court the witness stated that the goods were kept in the custody of the customs superintendent, Mongla. P.W. 10, an O......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....he Divisional Assistant Engineer the order of removal was struck down. it was held that (a) whether or not an authority is subordinate in rank to another, was to be determined with reference to the state of affairs existing on the date of appointment, when the constitutional guarantee under Art.......onal Assistant Engineer the order of removal was struck down. it was held that (a) whether or not an authority is subordinate in rank to another, was to be determined with reference to the state of affairs existing on the date of appointment, when the constitutional guarantee under Art. 311 (1) ..Category: Administrative Law | Date: | Hits: 114
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
....8209;breach of discipline, misconduct or insubordination-the employee committed in this case. It appears that the Appellate Tribunal failed to consider that the charge‑sheet also included the statement of allegations as well. In the statement of allegation it was clearly stated that the co......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ..Category: Administrative Law | Date: | Hits: 100
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....habad High Courts in AIR 1934 Mad 175, AIR 1948 All 184 (FB) (sic) and AIR 1916 C41 593 (sic) following AIR 1921 Pat 302 and AIR 1917 Cal 593 have held the other view. For the reasons already stated I hold that when no further proceedings are taken by the Magistrate on receipt of Police re......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)
....in, was arrested on August 20, 1991 in pursuance of an order of detention dated August 18, 1991 under section (3)(1)(a) of the Special Powers Act, 1974. 3. In the grounds of detention it is stated that the detenu had been engaged in various anti‑social and unlawful activities, and f......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
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ..Category: Property Law | Date: | Hits: 85
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