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State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
.... who lodged the ejahar within an hour of the occurrence. The evidence of PW 2 Mona is that Paltu caught hold of Kafi while Ashraf Ali struck a blow at the chest of Kafi with an iron rod. But in his statement before the Investigating Officer, PW 2, did not say that accused Paltu has caught hold of......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 ..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
....a, etc, and some were armed with simple weapons such as pieces of bricks. As the evidence was insufficient to show which of the other appellants was armed with which weapons, and there was general statement by the eye‑witnesses that the appellants were armed with Spear, Katra, Halanga, Bri......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ..Category: Criminal Law | Date: | Hits: 56
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....rce, a person shall not, except as provided in clause (2), qualify himself to be a citizen of Bangladesh if he- (i) owes, affirms or acknowledges, expressly or by conduct, allegiance to a foreign state, or (ii) is notified under the proviso to Article 2A: Provided that citizen of Banglad......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)
.... as TC Muharrirs and had been working as such from long before. The TC Muharrirs had formed an association known as Bangladesh Registration TC Karmachari Samity of which the petitioners, as already stated, are elected President and Secretary respectively. 4. The post of a TC Muharrar is a ......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 ..Category: Employment/Service Law | Date: | Hits: 66
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ..Category: Property Law | Date: | Hits: 85
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....mission of the Court to examine Golam Kibria @ Tipu as an additional witness stating that he was an alleged eyewitness to the occurrence, his name was cited as a witness in the charge-sheet and his statement was recorded by a Magistrate under section 164 Cr.P.C. The Magistrate concerned has alread......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ..Category: Criminal Law | Date: | Hits: 53
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....y”. 5. Dowry is a social curse which vitiates marital and social life in the entire sub‑continent and the evil cuts across all religious communities. "Dowry" in the Pocket Oxford Dictionary is stated to be "property brought by woman to her husband at marriage. 6. In the sub‑continent Ind...... 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 ..Category: Criminal Law | Date: | Hits: 69
Mahbub and others Vs. State, 1994, 23 CLC (AD)
.... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ...... very expeditiously failing which he may consider the question of bail if raised again. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 143 ..Category: Criminal Law | Date: | Hits: 55
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....tion by nick names is not irregular in a proceeding where the father's name is given" The trial Court came to such conclusion while considering the evidence of PW 3 "who stated that he had to admit in his cross‑examination that his daughters have nick names but h...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
.... has cited two cases. In Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213 where a new point, not mentioned in the petition, was allowed to be raised when accuracy of factual basis of statement was not disputed. In RJ Singh Vs. State of Delhi AIR 1971 (SC) 1552 (1553) a jurisdictiona......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....itted, was in the nature of obiter dictum. 27. The case reported in 33 DLR 358 is not exactly on the point under consideration and that reported in the same volume at page 233, as already stated, does not seem to have fully considered the powers of review under the Martial Law Regulatio......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Administrative Tribunal. 3. In CA No. 82 of 1992, the appellant, while serving as a Director at the Dhaka Office of the Civil Defence Directorate, was directed to show cause for making a false statement in his bio data that he passed the BA Examination. After inquiry the appellant was compuls......he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ey he should be compensated for the deprivation, whether it is called interest, compensation or damage. Where the law was in this uncertain position, the statutory provisions were made in 1982, as stated above. Under these provisions the High Court got power to award interest on debts and damage......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
.... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ...... except those specified in the First Schedule. The District Co-operative Officer, in exercise of that power, authorised Mrs. Gulshan Ara, another Assistant Registrar, to conduct an enquiry into the affairs of the concerned Co-operative Society under section 84(1) of the Ordinance. The High Court..Category: Others | Date: | Hits: 89
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
.... whether in respect of an order passed by the Sessions Judge under section 439A, the jurisdiction of the High Court Division under section 561A can be invoked. In this connection it may clearly be stated that an order passed by the Sessions Judge under section 439A can not be interfered with by ......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
.... of trial, if it is necessary to prevent the abuse of the process of the Court or otherwise to secure ends of justice". In that case it was found that the appellant was convicted solely on the statement of a co‑accused who, however, did not implicate himself in the crime but shifted th......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....ernment, in all fairness ought to have initiated a proceeding against the petitioner and given him an opportunity to explain his case. 4. In his application for additional evidence, the petitioner states that he came to know that the actual order passed by the acting President on June 6, 1991 had...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43...Category: Employment/Service Law | Date: | Hits: 107
Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
.... Settlement Court (No. 1), established under the Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. 54 of 1985) and the terms and conditions of his appointment were stated in an Agreement made under Act XII of 1974. Among other things, the Agreement provided ......al functions. The High Court Division rejected the Secretary's claim that since the Court of Settlement was under the administrative control of his Ministry, he got power to discuss administrative affairs with the Chairman, and observed that such affairs might be discussed with the Registrar of..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....eing existing laws are applicable to the present case. Service and General Administration Department Memo (SGA Memo) dated 12 3alftuary 1965, after referring to these Regulations 39 and 40 of 1937 re-stated this nature of ad‑hoc appointment and emphasised that ad‑hoc appointment should always be......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
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