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

.... Government in this matter. The learned Attorney‑General has, however, offered that he will be available for any assistance that the, Court may ask from him. 8. The Court will not entertain any statements of facts/affidavits of any party. The hearing of the matter will continue without any adj......ich governmental acts may ordinarily be weighed in the judicial balance and, if necessary, found constitutionally wanting. A good case can be made for restricting the doctrine to the field of foreign affairs. It is one thing to hold that there must be judicial self limitation in cases bearing direct..

Category: Constitutional Law | Date: | Hits: 248

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

....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)

....pted the plaintiff to issue a lawyer's notice on 10. 11.91, but the appellant without replying to the same directly repudiated the claim of the plaintiff by a letter dated 16.11.91 Ext, 11. It was stated therein that Janata Bank without having any insurable inoperable interest in the insured pro......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)

..... 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)

....al Death case and subsequently on 3.1.1995 he filed charge‑sheet against the petitioner and others under sections 302/201/114 of the Penal Code on the basis of the First Information Report as stated above. It appears that cognizance has already been taken on the basis of the said charge...... 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)

....rom (lie hut of the accused as pointed out by him and seized the same in presence of witnesses. The appellant was produced before the Upazila Magistrate on 21 May 1987 where he made a confessional statement. 4. In his confessional statement the appellant stated that about 4 months before ......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)

....ndment) Act, 1986. 10. After the Seventh Amendment a new paragraph 19 was added after paragraph 18 in the Fourth Schedule in the Constitution. In sub­paragraph (6) of paragraph 19 it is stated that: "All Ordinances and other laws in force immediately before the date ......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)

.... father of appellant Nos 2 and 3. In the record of this appeal, his age has not been mentioned. Mr, Abdul Momin Talukder has submitted that age of this appellant was recorded to be 90 years in his statement under section 342 Cr.P.C. and that he himself conducted the case on behalf of the appella......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 ..

Category: Criminal Law | Date: | Hits: 60

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

....posed punishment. 4. The appellant in its affidavit‑in‑opposition contended that the respondent was given a personal hearing, he appeared before the Enquiry Officer to submit his statement in writing, he was allowed to cross‑examine the witnesses but on his request the wi......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)

....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)

....n the same case resulting in an unusual order of quashment passed by the High Court Division which in the facts and circumstances of the case appears to have been rightly passed. 2. Briefly stated, the facts of the case are, that respondent No. 1 Mubasswir Ali lodged a First Information R......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)

.... malafide manner only in order to harass the detenu as part of the retaliation against the Sheba Asram and as the detenu as the President has been a strength for this organisation". 9. It has been stated in the writ petition as the background story of alleged conspiracy and retaliation that the B...... 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)

....ether, whereupon the respondent filed the suit in the Third Court of Subordinate Judge, Dhaka, seeking specific performance of the contract. 4. The appellant contested the suit by a written statement and denied the contract saying that the agreement (Ext. 2) was a forged and fabricated d......(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)

....Miah, learned Advocate for the accused‑petitioner, submits that having regard to the fact that the articles allegedly stolen from the house of the informant being worth about Taka 5,000.00 as stated by PW I in his examination-­in‑chief it is only the Village Court which had exclus......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)

....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)

...., 1‑8). Defendant No. 13 Fakir Mondal also transferred two bighas out of the suit land to defendant No. 14. Hence the suit.  3. Defendant No. 12 alone contested the suit by filing a written statement denying that the plaintiff acquired any interest by virtue of the alleged deed of gift. Af......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)

.... stating therein that the father of the appellants was still alive and during his lifetime the appellants cannot be the owners of the disputed premises as his heirs. The appellants filed a written statement. Respondent No. 4 prayed for an amendment of the plaint for a further declaration that th...... 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)

....der was made. 6. The respondent in his application for bail denied the allegation made in the petition to the Deputy Commissioner, Sylhet terming them as absolutely false and fictitious. He stated that he was a respectable citizen and a business magnate of the country having a number of I......s and paying income tax to the tune of Taka 23 lacs approximately per year. He alleged that shortly after the marriage he could learn that before the marriage the informant had extra‑marital affairs with some other person and that all attempts to normalise the relationship failed. He filed..

Category: Criminal Law | Date: | Hits: 64

Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)

.... appellant was in possession of 300 bighas of land or any land as per its layout plan. There is no reference to the area of land even in the order dated 27.2.83. It is only in 1991 that the appellant stated in its writ petition long after 8 years that it purchased so far 45 bighas of land and had ta......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..

Category: Property Law | Date: | Hits: 79

Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)

....r sections 420, 409, 467 of the Penal Code, read with section 5(2) of Act II of 1947. Of them only the appellant came to the High Court Division seeking quashment of the proceedings on two grounds as stated above and in support of these two grounds, he placed some documents. 3. Allotment, lifting......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..

Category: Criminal Law | Date: | Hits: 76