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S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)

....for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dis­missed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......to determine the issue………(4) Lawyers Involved: K.S. Hossain, Advocate in­structed by Sharifuddin Chaklader, Advocate-on-Record—For the Appellants. A.W. Bhuiyan, Additional Attorney General, in­structed by Md. Sajjadul Huq, Advocate-on- Record—For the Respondent. Criminal App......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dis­missed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ..

Category: Criminal Law | Date: | Hits: 39

The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)

....d and disposed of by 30th No­vember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......d and disposed of by 30th No­vember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......d and disposed of by 30th No­vember, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ..

Category: Banking Law | Date: | Hits: 99

Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)

.... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ......¦â€¦â€¦â€¦â€¦â€¦(5 & 8) Lawyers Involved: M.H. Khandker Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record —For the Appellant. A.W. Bhuiyan, Additional Attorney General, in­structed by A.W. Mallik, Advocate-on-Record—For the Respondent No 1. Salehuzzaman,...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ..

Category: Property Law | Date: | Hits: 35

Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)

.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ...... of the appeal…………..(3) Lawyers Involved: Md. Lutfur Rahman Mondal, Advocate, instruct­ed by Md. Aftab Hossain, Advocate-on- Record.—For the Appellant B. Hossain, Deputy Attorney-General, instructed by A. W. Mallik, Advocate-on-Record.—For the Respondent Criminal Appeal No....... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ..

Category: Criminal Law | Date: | Hits: 34

State Vs. Arman Ali and Others, 1987, 16 CLC (AD)

....ner perverse or totally unsustainable. The impugned order does not, therefore, call for any infer­ence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ......ses of fact. No motive for the offence has been proved. The High Court Division rightly set-aside the conviction……………………….(7) Lawyers Involved: B. Hossain, Assistant Attorney-General instruct­ed by M. Nowab Ali, Advocate-on-Record—For the Petitioner. Not represented.â€......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any infer­ence. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..

Category: Criminal Law | Date: | Hits: 43

Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)

.... doubt. In the result, therefore, I would dismiss this ap­peal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......38; Devi Dyal v. The Crown (1923) ILR, Lah. 50. Lawyers Involved: Mujibur Rahman, Advocate instructed by Kazi Ebadul Huq, Advocate-on-Record—For the Appellants. Hasan Arif, Deputy Attorney General, (Fakhrul Islam, Assistant Attorney General with him), in­structed by Md. Sajjadul Huq, Adv......rt while. His dead body was then taken to his father-in-law's house. P.W.1 stated that they started for the P.S., (15/16 miles away) at midnight and lodged FIR (at 7 a.m.) upon reaching there. 33. Police accompanied the informant on way back to the village. At about 12/1 (noon) they came to the f..

Category: Criminal Law | Date: | Hits: 52

Liakat Ali alias Liakat Ali (Md.) Vs. State, 1990, 19 CLC (AD)

....ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ......ble and the conviction is upheld. Lawyers Involved: Md. Fazlul Karim, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on- Record—For the Appellant. B. Hossain, Deputy Attorney General, instructed by A.W. Malik, Advocate-on-Record—For the Re­spondent. Criminal Appeal No.......ismissed. Stay of realization of fine is vacated and the appellant is directed to surrender to his bail bond and serve out the sentence. Ed. This case is also reported in: 42 DLR (AD) (1990) 30 ..

Category: Criminal Law | Date: | Hits: 41

Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)

....t to the alteration of the conviction to one under section 403 Penal Code and reduction of the sentence to the period already undergone. Ed. This case is also reported in: 42 DLR (AD) (1990) 23 ......s (Vol. 1) Queens Bench Division, page 439. Lawyer Involved: Jamiruddin Sircar, Advocate instructed by Md. Sajjadul Haque, Advocate-on-Record-For the Ap­pellant. B. Hossain, Deputy Attorney-General, instructed by M. Nowab Ali, Advocate-on-Record- For the Respondent (State). Criminal App...... to the School at about 6 p.m. he requested him to return the excess money but the appellant refused to have received the same. P.W. 1 then returned to Thakurgaon and lodged FIR, Ext. 1 at Thakurgaon Police Station at about 9-30 p.m. On the next day P.W.1 learnt that the Police had arrested the accu..

Category: Criminal Law | Date: | Hits: 44

Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)

....er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ......b Hossain, Ad­vocate-on-Record- For the Petitioner. Asrarul Hossain, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record- For the Respondent. A. W. Bhuiyan, Additional Attorney-General, instructed by B. Hossain, Advocate-on-Record. (Under Order XXI, rule-1) Civil Miscellane......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..

Category: Procedural Law | Date: | Hits: 110

Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)

....sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08....... bail till trial commences. Lawyers Involved: Abu Nasar Md. Gaziul Hoque, Advocate, in­structed by Md. Ozair Farooq, Advocate-on-Record— For the Appellant. B. Hossain, Assistant Attorney-General instruct­ed by Syed Sakhawat Ali, Advocate-on-Record —For Respondent No.1. No one for ......sain be released on bail to the satisfaction of the Deputy Commissioner con­cerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...

Category: Criminal Law | Date: | Hits: 63

Sikandar Ali Sikdar Vs. State and others, 1978, 7 CLC (AD)

....me others on 23-7-71. Charge-sheet in this case was submitted after investigation on 8-2-73 against the accused Respondents and others under section 302/34 of the Penal Code. On 29-8-73 the Court Sub-Inspector of Police filed an application before the Magistrate pray­ing for withdrawal of the prose......desh, (1978) 30 DLR (SC) 228. Lawyers Involved: Khondker Mahbuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Record - For the Appellant. B.B. Roy Chowdhury, Assistant Attorney-General, instructed by B. Hossain, Advocate-on-Record - For the Respondent No.1. Asaduzzaman Kha......977) wherein this question has been dealt with, the present appeal stands in a narrow compass. 2. Facts in brief are that a First Information Report was lodged by the Appellant with the Bhandaria Police Station alleging that his son Harunur Rashid had been murdered by the accused Respondents alo..

Category: Criminal Law | Date: | Hits: 43

Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)

....interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127.......hingra v. Union of India, PLD 1958 SC (India) 217; Hartwell Precott Singh v. The Utter Pradesh Government & others, AIR 1957 SC 886. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney-General, instructed by B.C. Panday, Advocate-on......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...

Category: Employment/Service Law | Date: | Hits: 66

Unimarine S. A. Pa­nama Vs. Bangladesh, 1977, 6 CLC (AD)

....of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......utta 156. Lawyers Involved: S.R. Pal, Senior Advocate, with M. Maiqfizullah and Nurul Islam, Advocates instructed by A. Rab-II, Advocate-on-Record - For the Appellants. K.A. Bakr Attorney-General, with Sultan Hossain Khan, Deputy Attorney-General and A. Wadud Bhuiyan, Assistant Attorney-......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 217

Aijuddin Matbar Vs. Fagu Matbar & others, 1978, 7 CLC (AD)

....ch enraged and they killed Rashid Khondker at the instigation of one Majid Matbar. 4. P.W.1 lodged the First Information Re­port with the Madaripur Police Station. P. W.11 Mr. Matiur Rahman, Sub-Inspector of Police came to the place of occurrence and after holding inquest sent the dead body to ......ed by A. Backkar, Advocate-on-Record - For the Appellant (In Criminal Appeal No.8 of 1977). Abul Kashem, Advocate - For the Respondents No.1-3 and 5-7. B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Huda, Advocate-on-Record - For the Respondent No.8. B. B. Roy Chowdh...... On January 1, 1977 Fagu, one Bidhan and one Saber assaulted Aleya (P.W.4), daughter of deceased Rashid Khondker, and snatched away her necklace. On this, a First Informa­tion Report was lodged with Police and in­vestigation was held on the day previous to the occurrence. At this the respondents b..

Category: Criminal Law | Date: | Hits: 39

Md. Golam Rabbani and another Vs. Hon’ble Judges of the High Court Division & anr, 1978, 7 CLC (AD)

.... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ......pondents Judgment November 22, 1978. Lawyers Involved: M.G. Rabbani, Advocate, instructed by D.C. Panday, Advocate-on-Record - For the Appellants. Maksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate-on-Record - For Respondent No.2. Not represented - R...... Since Government has been made a party on its prayer for adding it in the proceeding its name as Respondent shall continue on record. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 87. ..

Category: Others | Date: | Hits: 84

Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)

....ame very active to purchase U.S. Dollars to pay for the smuggled whisky and cigarettes. At this stage receiving secret information and after obtaining written report from the informer, the Preventive Inspector carried on rummage of the ship and seized the stock of whisky and cigarettes short of 89 c...... PLD 1957 (WP) Lahore 857; Ghulam Qadir Khan Vs. The State, PLD 1963 Lahore 32; AIR 1938 Mad, 129; Raja Hoq Newaz Vs. Mohd. Afzal (1967) 19 DLR (SC) 369. Lawyers Involved: K.A., Bakr, Attorney-General with Abdul Wadud Bhuiyan, Assistant Attorney-General Instructed by B. Hossain, Advocate-on-R......cted search and ceased the declared detention cargo of 500 cases Johnie Walker Whisky and 911 cartons of 555 State Express cigarettes, that is, 89 cartons short out of total 20 cases of ciga­rettes. Police arrested the respondent. A first information report was lodged with Daulatpur Police Station ..

Category: Criminal Law | Date: | Hits: 95

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....er being Tk. 804/- the Second Screening Board transferred the case of the petitioner to the First Screening Board on 1-11-74. It was stated in the Petition that the First Screening Board summoned the Inspector, District Anti-Corruption Bureau to appear before it on 28-11-74 who appeared before the B......ch 9, 1978. Lawyers Involved: Md. Fazlul Karim, Advocate, Mahbubey Alam, Advocate, instructed by B.C. Panday, Advocate-on-Record - For the Petitioner. Sultan Hossain Khan, Deputy Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General instructed by M.R. Khan, Advo­cate-on-Record......Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ..

Category: Employment/Service Law | Date: | Hits: 72

Controller of the Customs and ors Vs. Shamsur Rahman, 1978, 7 CLC (AD)

....he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ......r of the Customs and ors…………..Appellants Vs. Shamsur Rahman……………Respondent Judgment February 22, 1978. Lawyers Involved: Sultan Hossain Khan, Deputy Attorney-General, instructed by A.W. Mullick, Advocate-on-Record - For the Appellant. Altaf Hossain, Advo......he appeal is allowed and the order appealed against is set aside. We direct the writ to be recalled. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 60. ..

Category: Fiscal/Taxation Law | Date: | Hits: 68

Abdul Latif Mirza Vs. Government of Bangla­desh and other, 1979, 8 CLC (AD)

.... DLR (SC) 214. 68. The facts of the said case appear to be clearly distinguishable. The detenu in that case was first arrested under section 41 of the East Pakistan Public Safety Act, 1958 by the Inspector of Police, Special Branch, on 20-9-64 and thereafter an order was passed by the Provincial...... 277. Lawyers Involved: Moudud Ahmed, Advocate, with Mainur Reza Chowdhury, Advocate instructed by S.S. Hoda, Advocate-on-Record - For the Appel­lant. Sultan Hossain Khan, Deputy Attorney-General, with B.B. Roy Chowdhury, Assistant Attorney- General, instructed by A. Rab-1, Advocate-on-R......he authoritative judicial pronouncement Reference may be made in this connection to the case of Shearer Vs. Shields, 1914 AC 802 where me House of Lords held, in construing a provision of the Glasgow Police Act, which authorised the constables to arrest if they had grounds of 'reasonable suspicion',..

Category: Constitutional Law | Date: | Hits: 408

Moyezuddin and another Vs. State, 1977, 6 CLC (AD)

.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......R (FC) 69, PLD 1956 (FC) 171. Lawyers Involved: Khandaker Mahbubuddin Ahmad, Advocate instructed by A. Rab-11, Advocate-on-Record - For the Appellant. Sultan Hossain Khan, Deputy Attorney-General, with B. B. Roy Chowdhury, Assistant Attorney-General, instructed by M. JR. Khan, Advocate-o......uty Commissioner of Pabna, on his return from Serajganj, went about the town to assess the situation. On inspecting the house of Cap­tain Zaidi, while he was moving in a green jeep towards the Pabna Police Station via Hamid Road, two gun-shots were fired from eastern side of the road from a buildin..

Category: Criminal Law | Date: | Hits: 41