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Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)

....Present: M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Saidur Rahman Neuton and others……...........Accused-Appellants Vs. State………….Respondent Judgment January 5th, 1993. ......al) Present: M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Saidur Rahman Neuton and others……...........Accused-Appellants Vs. State………….Respondent Judgment January 5th, 19......ronouncements by various courts the evidence of the prosecutrix about corroboration has hardened into one of law, although corroboration is not required in terms by the Evidence Act. In the case of Muhammad Abdul Khaleque and others Vs. State reported in 12 DLR (SC) 165, the question of corrobora...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ..

Category: Criminal Law | Date: | Hits: 66

Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)

....ce of work throughout the whole day without any permission ii(n the authority is wilful disobedience to a lawful order of a superior and an act subversive of discipline. He relies upon the case of State of Punjab Vs. Ram Sing, AIR 1992 (SC) 2188 in support of his submission. 18. Mr. Asra...... Mustafa Kamal J   Latifur Rahman J.   Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant   Vs.   Tajul Islam Chowdhury and another…………….......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ..

Category: Labour and Industrial Law | Date: | Hits: 100

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

....) 23. In the first mentioned case this Court also referred to some decisions of the Indian Supreme Court as to the Election Commission's power for directing repoll in elections held to Parliament and State Legislatures and observed: "The Election Commission has been given the power from start t......Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Altaf Hussain…………Appellants (In Civil Appeal No. 35 of 1992] Vs. Abul Kashem and others…………Respondents (In Civil Appeal No. 35 of 1992) Adaruddin .......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. ......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. ..

Category: Election Law | Date: | Hits: 117

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

....tioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitioner [Criminal Petition No. 121 of 1992] Abdul Wadud Khan .... Petitioner [Criminal Petition No. 122 of 1992] Vs. State…………. Respondent [In all Petitions] Judgment November 26, 1992. Lawyers Involv.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitioner [Criminal Petition No. 121 of 1992] Abdul Wadud Khan .... Petitioner [Criminal Petition No. 122 of 1992] Vs. State…………. Respondent [In all Petitions] Judgment November 26, 1992. Lawyers......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..

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

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

....r Rahman 31 DLR 124 and General Manager, Jamuna Oil Company Vs. Golam Rahman & another 34 DLR (AD) 166; Beni Madho Prasad Singh Vs. Adit and others AIR 1953 Allahabad 416, Surendra Singh Vs. State of Uttar Pradesh AIR 1954 (SC) 194 at P 197, Faulad and another Vs. State AIR 1961 Allahabad ......upreme Court Appellate 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 Jan......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 ......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 ..

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 ......Appellant vs. Mrs. Hameeda Banu..................Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All 517(519); Hine Vs. Hine [1962......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 ......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 ..

Category: Property Law | Date: | Hits: 80

Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)

....p; Vs. Momtaz Begum and others...................................Respondents Judgment December 3rd, 1992. Cases Referred to- Shah Muhammad Vs. Huq Nawaz and the State 23 DLR (SC) 14 and Md. Shahabul Huda Vs. Md. Sahafi 36   DLR (AD) 44, Re NP Essappa......;                                  Vs. Momtaz Begum and others...................................Respondents Judgment ......sp;      Vs. Momtaz Begum and others...................................Respondents Judgment December 3rd, 1992. Cases Referred to- Shah Muhammad Vs. Huq Nawaz and the State 23 DLR (SC) 14 and Md. Shahabul Huda Vs. Md. Sahafi 36 &n......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ..

Category: Property Law | Date: | Hits: 81

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

....the land of Plots Nos. 10803, 10804, 10793 and 10794 and over a nominal portion of the southern side of Plaintiffs Plot No. 107116, and that the plaintiffs suit was barred by section 20(2a) of the State Acquisition and Tenancy Act. 4. The trial court decreed the suit after considering the...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Latifur Rahman J Government of Bangladesh .............................Appellant. Vs. Shakhipur Islamia High School....................................Respondent Judgm......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 ......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 ..

Category: Property Law | Date: | Hits: 64

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

....so Reported in: 45 DLR (AD) (1993) 13. ....... ......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. ......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. ..

Category: Criminal Law | Date: | Hits: 132

AHM Siddique Vs. State, 1993, 22 CLC (AD)

....minal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J and ATM Afzal J. AHM Siddique ........................Appellant Vs. State ...............................Respondent Judgment August 31st, 1988. Ca...... (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J and ATM Afzal J. AHM Siddique ........................Appellant Vs. State ...............................Respondent Judgment August 31st, 1988......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ..

Category: Criminal Law | Date: | Hits: 44

Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)

....gai­nst the judgment of a learned Single Judge of the erstwhile High Court of East Pakistan. 2. The appellant filed Miscellaneous Case No. 320 of 1957 for pre-emption under section 96 of State Acquisition and Tenancy Act having land contiguous to the land trans­ferred to strangers ...... Syed A. B. Mahmud Husain J Muhammad Ab­dullah Jabir J Abdul Hamid Kazi…………………………….Appellant Vs. Abdul Jabbar Jamadar and others…………………&...... the case there will be no order as to costs. Ed. ......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 50

Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)

....that of the trial Court which granted pre­emption, with the modification that pre-emp­tion, was granted under 26F of the Bengal Ten­ancy Act, and not under section 96 of the East Bengal State Acquisition and Tenancy Act. 2. The pre-emptor, respondent No. 1 in this appeal had d...... J Begum Asia Rahman………………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others…………………&......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 60

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

....gham Vs Me­llon, 262 U.S. 447= 67 L. ed. 1078 and Joint Anti. Fascist Com V. McGrath, 31 U.S. 132s 95 L. ed. 817; Charanjit Lai V Union of India, AIR 1951 SC 41; Calcutta Gas Co. Prop.) Ltd. V. State of W Bengal, AIR 1962 SC 1044; Maganbhai Iswarbhai Patel Vs Union of India, AlE 1969 SC, 789 ...... Present: Sayem CJ  AB Mahmud Husain J  Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another ……………………&......he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ......he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ..

Category: Constitutional Law | Date: | Hits: 716

Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)

....te­nance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......(Criminal) Present: A M Sayem CJ A B Mahmud Husain J Ahsanuddin Chowdhury J Begum Hamida w/o Abdul Hamid…............................Appellant. Vs. Abdul Hamid………………………&hell......te­nance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......te­nance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ..

Category: Family Law | Date: | Hits: 146

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

....rporation, AIR 1950 Cal. 36: Hussain Ali Vs.  Emperor, AIR 1920 Cal. 635: Jagmohan Surujmal vs. Venkatesh Gopal Ranade, 1933 Bom. 105; Mrs. Noorjahan Begum vs. Authorised Officer, 17 DLR 393; State vs. Wazir Khan, PLD 1968 Pesh. 140; Mustaq Ahmed Vs. State, 17DLR (SC) 624; Ljaoka Waipei Vs....... A.M. Sayem CJ A.B. Mahmud Hussain J Abdullah Jabir J Solicitor, Government of Bangladesh……………………..Appellant Vs. A.T. Mridha ………………………&hel......igh Court Division of this Court in Criminal Revision Case No. 13 of 1973) Judgment:                   Muhammad Abdullah Jabir J.—These two appeals arise out of certificate granted under clause (a......e result, therefore, is that both the ap­peals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..

Category: Criminal Law | Date: | Hits: 125

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

.... No. 47 of 1973] And Md. Shahid Ali…………………Petitioner [In Petition No. 48 of 1973] VS       State………………………… Respondent ......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. ......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. ......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. ..

Category: Criminal Law | Date: | Hits: 63

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

.... (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J A.K.M. Fazlul Hoque & others...........................................Petitioners Vs. State....................Respondent Judgment August 22, 1973. Lawyers Involve...... Division (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J A.K.M. Fazlul Hoque & others...........................................Petitioners Vs. State....................Respondent Judgment August 22, 1973. Law......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. ......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. ..

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. ......A.M. Sayem CJ A. B Mahmud Husain J 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 o......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. ......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. ..

Category: Civil Law | Date: | Hits: 110

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

....;…………………. Respondents Judgment July 18, 1971 Cases Referred To: Sate Vs. Mohammad Hossain.25 DLR 207; Md. Ismail vs. State, 21 DLR (SC) 16. Lawyers Involved: Faqueer Shahabuddin Ahmed, Attorney-Ge­n...... B.  Mahmud Hussain J M. A. Jabir J Superintendent and Remembrancer of Legal Affairs, Govt of Bangladesh...………………..Appellant Vs. Jobed Ali and others……………………&hel...... 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. ...... 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. ..

Category: Criminal Law | Date: | Hits: 39

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

.... (Criminal) Present: Shahabuddin Ahmed CJ MH 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 ....... 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 ............Accused-Respondents Judgment ......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 ......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