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Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)

....te Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Forkan alias Farhad and another…………………………...Accused‑Appellants Vs. State............................................................Respondent Judgment June 15...... Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Forkan alias Farhad and another…………………………...Accused‑Appellants Vs. State............................................................Respondent Judgment ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..

Category: Criminal Law | Date: | Hits: 49

Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)

....��…..................Respondents Judgment June 26, 1995. Result: The appeal is dismissed. Cases Referred to- Mofizur Rahman Khan Vs. Government of Bangladesh, 34 DLR (AD) 321; State of Punjab Vs. Gurdial Singh, AIR 1980 (SC) 319; Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 20......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abu Taleb.................................................................Appellant Vs. Government of Bangladesh, represented by the Secretary, Ministry of Civil Aviation and Touri......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..

Category: Administrative Law | Date: | Hits: 175

Special Reference No. 1 of 1995, 24 CLC (AD)

.... 18 DLR (SC) (1966) 62 (68); Anwar Hossain Khan vs. Speaker Jatiya Sangsad, 47 DLR (1995) 42; Laurence Claude Levack, AIR 1954 (Mad) 898; Anwar Hossain vs. Bangladesh, 1989 BLD (Spl) I; AT Mridha Vs. State, 25 DLR (AD) 335; & Kudrat‑e‑Elahi Paneer Vs. Bangladesh, 44 DLR (AD) 319. Special R......(SC) 1682; AIR 1979(SC) 478; Umayal Achi Lakshmi Achi AIR 1945 FC 25; AIR 1992 SC 522, para 31 at page 558; (Hamilton Street Rly [1903] AC 529); [1898] AC 700 (711); AIR 1965 SC 745; M Ismail Faruqui Vs. Union of India(popularly known as Babri Masjid case) AIR 1995 SC 605; Baker Vs. Carr 1962, 369 U...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..

Category: Constitutional Law | Date: | Hits: 248

Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)

....ts Judgment March 14, 1995. Result: The appeal is allowed. Cases Referred to- Md. Shahabuddin Vs. District Magistrate, 24 Parganas and others (1975) 4 SCC 114; Altaf Ahmad Matoo Vs. State and others, 1989 Crl LJ 1270. Lawyers Involved: Mainul Hosein, Advocate (Md. Joynul Abed......09. ......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ..

Category: Criminal Law | Date: | Hits: 75

Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)

....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......te Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Sadharan Bima Corporation....................Appellant Vs. Sanjib Kumar Das & another...................Respondent Judgment Febru......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..

Category: Business or Commercial Law | Date: | Hits: 114

Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)

.... Present : MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Munern Chowdhury @ Momen ..............Accused‑Petitioner Vs. State…………………….Respondent Judgment ......inal) Present : MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Munern Chowdhury @ Momen ..............Accused‑Petitioner Vs. State…………………….Respondent J....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ....... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ..

Category: Criminal Law | Date: | Hits: 66

Yakub Ali Vs. State, 1995, 24 CLC (AD)

....ellate Division (Criminal) Present : ATM Afzal J Mustafa Kamal J Latifur Rahman J Yakub Ali..................Petitioner Vs. State.................... Respondent Judgment March 30th, 1995. Lawyers Invol...... Appellate Division (Criminal) Present : ATM Afzal J Mustafa Kamal J Latifur Rahman J Yakub Ali..................Petitioner Vs. State.................... Respondent Judgment March 30th, 1995. La...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ..

Category: Criminal Law | Date: | Hits: 62

Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)

....) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Zahiruddin son of Abdu Hye......................Appellant (In Jail) Vs. State……………………………&hellip...... (Criminal) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Zahiruddin son of Abdu Hye......................Appellant (In Jail) Vs. State…………………………&hel......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ..

Category: Criminal Law | Date: | Hits: 73

Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)

....d counsel for the appellant has frankly conceded that if the appellant's appointment was not lawful then the Government could well cancel that appointment. 21. After considering Shahbaz vs. State 8 DLR (FC) 20=PLD 1956 FC 46; Lt. Col. GL Bhattacharya vs. State 16 DLR (SC) 442=PLD 1964 SC ......ision (Civil) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Lt. Col. (Retd) Nazimuddin Ahmed ................Appellant Vs. Bangladesh and Others...............................Respondents Judgment A......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..

Category: Employment/Service Law | Date: | Hits: 117

Hasan Ali and others Vs. State, 1995, 24 CLC (AD)

.... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasan Ali and others ...............................Accused‑Appellants Vs. State………………Respondent Judgment November 2nd......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasan Ali and others ...............................Accused‑Appellants Vs. State………………Respondent Judgment No......ready undergone; as to the sentence of fine, it is maintained. The appeal in respect of the other appellants is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 69 ..........Accused‑Appellants Vs. State………………Respondent Judgment November 2nd, 1994. Lawyers Involved: Abdul Momin Talukder, Advocate, instructed by Md. Aftab Hossain, Advocate-on‑Record ‑ For the ..

Category: Criminal Law | Date: | Hits: 60

Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)

....opportunity to defend himself. (2) The officer or employee shall be allowed seven days' time from the date of receipt of the charge to put in a written explanation of his defence and to State whether he desires to be heard in person. If he so desires or if the authority concerned s......p; ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation, Dhaka.......... Appellant Vs. AKM Abul Kalam.............................................Respondent Judgment&nb...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation, Dhaka.......... Appellant Vs. AKM Abul Kalam.............................................Respondent Judgment ......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..

Category: Employment/Service Law | Date: | Hits: 134

Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)

....rge of the case had been influenced by one of the accused, Anwar Hossain. The learned Judges of the High Court Division did not issue any Rule or notice upon the accused‑opposite party or the State, but allowed the application and transferred the case to the Court of Sessions Judge, Madari...... Present: Shahabuddin Ahmed CJ MA Rahman J ATM Afzal J Mustafa Kamal J Sirajul Islam (Md). Alias Siraj Madbar and others........Accused‑Appellants Vs. Keramat Ali Bhuiyan and other................................Respondents Judgment......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ..

Category: Criminal Law | Date: | Hits: 67

Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)

.... in the instant case in which the present petitioners are charge‑sheeted are considered as re‑investigation which is barred by law. The decision in the case of Sultan Ahmed Matbar vs. State, reported in 37 DLR 185 and Slate vs Kashem 27 DLR 342 clearly pointed out "that ther......vision (Criminal) Present: Shababuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Afia Khatoon ........................Petitioner Vs. Mobasswir Ali and others............................Respondents Judgment J......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)

....nt Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- Abdul Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay vs. Atma Ram, AIR 1951 (SC) 157; East Pakistan vs. Rowshan Bijaya, 18 DLR (SC) 214; ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ………………………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..

Category: Constitutional Law | Date: | Hits: 185

Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)

....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Quazi Din Mohammad......... …………………….Defendant‑Appellant Vs. Al‑haj Arzan Ali and another.................. Plaintiff‑Respondents ......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..

Category: Property Law | Date: | Hits: 69

Haider Ali Khan vs. State, 1995, 24 CLC (AD)

....bsp; ATM Afzal J Mustafa Kamal J Haider Ali Khan ........................Accused‑Petitioner Vs. State………………………….Respondent ...... Rahman J ATM Afzal J Mustafa Kamal J Haider Ali Khan ........................Accused‑Petitioner Vs. State………………………….Res......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ..

Category: Criminal Law | Date: | Hits: 74

Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)

....efendants. It was further found that Kanailal Dhar acted on behalf of all the defendants and that defendant No. 5 after obtaining the compromise decree filed a mutation case under section 54 of the State Acquisition and Tenancy Act and got her name recorded. 9. The appellant's papers conc...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sova Rani Guha alias Sova Rani Gupta ....................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondent......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..

Category: Property Law | Date: | Hits: 51

Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)

.... Begum, PLD 1969 Lahore 338; Amjad Khan vs. Ashraf Khan and others, AIR 1929 (PC) 149; Samir Shaikh vs. Aijan Bewa, 6 DLR 320= PLD 1956 Dhaka 143; Sar Anjam Khan vs. Afzal Khan, PLD 1972 Peshawar 37; State of Pakistan and another vs. Mehrajuddin, PLD 1959 SC (Pak) 147. Lawyers Involved:&nbs......p; Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rabjel Mondal .........................Appellant Vs. Didar Mondal and others.................. Respondents Judgment Novemb......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..

Category: Property Law | Date: | Hits: 146

Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)

.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......ed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. The Secretary, Ministry of Works, Government of Bangladesh and others ....Respondents ...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..

Category: Property Law | Date: | Hits: 62

State Vs. MA Malik, 1995, 24 CLC (AD)

.... is also reported in: 47 DLR (AD) (1995) 33 ...... Supreme Court Appellate Division (Criminal) Present : MH Rahman J ATM Afzal J Mustafa Kamal J State...........................Petitioner Vs. MA Malik……………………….Accused......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..

Category: Criminal Law | Date: | Hits: 64

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