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Sompong Vs. State, 1993, 22 CLC (AD)
....ed the trawler by a customs launch and being suspicious about the goods carried in the trawler brought the same to a char adjacent to the Customs office and tied it up there. Subsequently, a search party of the Customs conducted a search and recovered 6982 cartons of foreign cigarettes, 3 car ai......ere kept in the custody of the customs. A photo copy of the seized goods which were valued at Tk. 3 crore was attached to the FIR along with other papers. 5. It appears that in course of the investigation of the case a seizure list was made by an SI of Police (P.W. 11) of the goods which w..Category: Criminal Law | Date: | Hits: 62
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
.... Magistrate during investigation. As the trial has yet to commence it cannot be said that he is acting as a court." 13. Upon a consideration of the various provisions of the Code, particularly that of Chapter XIV and various decisions the learned Judge finally held thus- ......sembly forcibly trespassed into his house and assaulted him and other inmates of the house and took away gold ornaments, etc. The Police started a case under sections 147/448/380 Penal Code and on investigation submitted a final report dated 13.11.75 with a note dated 8.2.76 which read as follow..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....sp; 8. Now the appellant contends that the order of detention is liable to be set aside because the operative portion of the grounds are vague and insufficient, that there are no particulars, no details‑nothing specific about the detenu’s prejudicial activities or m......erious and corrigible, on the length of the gap, short or long, on the reason for the delay in taking preventive action, like information of participation being available only in the course of an investigation. If the detaining authority takes the chance of conviction and when the Court verdic..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ses vested in the Government under PO No. 16 of 1972 and the enterprises owned and managed, by any statutory Corporation. This view is, with all respect, not correct, firstly, because, the relevant part of Article 10(1) (d) was misquoted in that Judgment and secondly, because the grammatical con......in terms of the said order". The Government will now release the Company and the industrial enterprise in favour of the respondents treating only 15,500 shares as abandoned shares, as its own investigation has revealed, leaving it to the shareholders of the Company to sort out their own rig..Category: Property Law | Date: | Hits: 65
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....ausing bleeding from her mouth. In the morning they let her go away and she immediately went to Mirpur Police Station and narrated the incident to the Police and soon thereafter she led the police party to the room where she was raped and on her showing, police arrested these three appellants an...... 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)
....cord -For the Appellant. Asrarul Hossain, Senior Advocate (Syed Amirul Islam, Advocate with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Respondent No. 1. Ex parte- Respondent No. 2. Civil Appeal No. 26 of 1991 (From the Judgmen......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
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....an of the Dhaka Improvement Trust (DIT) (hereinafter referred to as the RAJUK, an acronym in Bangla for the Rajdhani Unnayan Kartripakhya) Major Kamrul Hasan, a former Member of the Land and Estate Department of the RAJUK, Abdus Sattar, a former Minister and one Abdus Sukur Pradhan. 3. The prosec......Raushan Ara Begum. Abdus Sattar was a Director of that company. The accused made the transaction illegally in collusion with each other to obtain a pecuniary advantage of taka four crore. 4. After investigation the police submitted charge‑sheet against 18 accused persons. A supplementary charge..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....ists the right to revoke it would be in abeyance." 7. Ext. 1 reads as follows: “I do hereby authorise my husband Mr, AFM Naziruddin, Manager, Loan Department of your Bank to construct a building of land on my plot bearing No. 175 (New). Elephant R......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)
.... the case land was attached and a receiver was appointed the appellant while still in actual physical possession filed a suit for permanent injunction in respect of the case land against the first party to the proceeding and the question is, whether the plaint is liable to be rejected on the gro......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)
.... Act cannot be applied mechanically because the provision itself provides that it will be applicable "unless there is anything repugnant in the subject or context." In the instant matter apart from relying on the above decision in general terms, the respondent has made no effort to show......d plot where the cattle market sits. After finding that it is not possible for the court to declare plaintiffs title in respect of the area retainable by the plaintiff without determining by local investigation the area of the portion of the plot over which the cattle market sits, the appellate ..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
.... is neither a case of mis-joinder of charges nor a case of trial without jurisdiction. The offence allegedly committed by the respondent is the offence of smuggling of gold into Bangladesh. Smuggling particularly of gold has been defined in the Special Powers Act and this definition is exactly the s......tem. Besides gold, some foreign currencies were also seized from his possession. The respondent was arrested and forwarded to the thana along with the FIR for starting a case against him. 8. After investigation the Police submitted charge sheet under sections 156(8) of the Customs Act, 1969, 25B(..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
...., Cr.P.C, under which the bail has been granted to the appellant, does not contemplate any such conditional bail; he has further contended that realisation of the fine imposed on the appellant as a part of his sentence upon conviction is not at all the business of the appellate Court since a sep......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
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
.... Act) in view of the fact that Part V including section 96 thereof was brought into force in the area where the land was situated. Then on 23. 1.65 the respondent added certain persons as opposite parties, some of whom are co sharers of the holding and some others are owners of land contigu......actment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, lia..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....Delhi Treaty) which the appellant claimed, involved cession of Bangladesh territory was without lawful authority and of no legal effect. The declaration was sought with special reference to a part of what is known as Berubari Union No 12 and the adjacent enclaves that are under the administ......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)
....ed the Sessions Judge under section 438 of the Code of Criminal Procedure for making a reference to the High Court for quashing the order. The Additional Sessions Judge, Dacca, who heard the parties on the aforesaid application refused to make the reference to the High Court. The re......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)
....nade, reported in A.I R. 1933, Bom. 105. It. therefore, follows that the question whether an order is a judicial one or an administrative one is to be decided on reference to the provisions of the particular statute under which the order is purported to have been passed. 11. The sche......was that of an inferior Court was unwarranted. According to the learned Attorney-General the Sub-divisional Magistrate, who is required to pass orders detention under article 13 of P O. 50 ring the investigation stage, performs merely an administrative duty and does not function as a Court and h..Category: Criminal Law | Date: | Hits: 125
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....ication under section 34 of the Arbitration Act. 3. The suit is for realisation of Rs. 90,204/- as compensation for an alleged loss sustained by the plaintiff owing to damage caused to part of a consignment of wheat carried by a ship of the first defendant due, it is said, to the neg......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)
....rators Order, 1972 (President's Order No. 8 of 1972), hereinafter called the Collaborators Order on the allegation that they collaborated with the Pakistan occupation army by participation in a purported bye-election in which Emdadul Hoqe, the sole respondent in one ...... 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)
....went to that mill with some wood for splitting; the accused‑respondents‑Ashraf Ali, Paltu and Liakat Ali wanted to take the barks of the wood for using them as fuel in their picnic party. Kafi did not agree, whereupon they tried to take away the barks by force but became unsucce......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)
....From the evidence on record, it can be very well said that the appellants were members of an unlawful assembly and in prosecution of the common object of that assembly to assault the complainant's party, offences like hurt, criminal trespass into the house of Sirajul Huq were committed. With reg......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
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