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Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)

....ed 10 accused persons, including the four accused‑appellants under sections 302/34 of the Penal Code and sentenced each of them to death and acquitted the remaining 26 accused persons of the charges against them. The resultant Death Reference No. 28 of 1990 (Dhaka)/2/82 (Jessore) was reje......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ..

Category: Criminal Law | Date: | Hits: 60

Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)

....rother P.W. 12 A Mannan and P.W. 10 Akkabbar Ali Majhee for the murder of Majitunessa. On a further investigation the Inspector MA Halim of the Criminal Investigation Department, submitted a charge‑sheet on November 15, 1982 against the appellants and 7 others named in the FIR of P.W......nted in connection with any other case.               Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..

Category: Criminal Law | Date: | Hits: 40

State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)

....nuary, 1986 passed by a Single Judge of the High Court Division (Barisal Bench) in appeal, Criminal Appeal No. 72 of 1978, acquitting the respondent, Abdul Muttaleb Khan @ Abdul Mataleb Khan of the charge under section 409 Penal Code. 2. The prosecution case was that the respondent in his......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..

Category: Criminal Law | Date: | Hits: 41

Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)

....t may attain constitutional importance, where without such recognition the fundamental right to form an association would be illusory. In that case recognition of a trade union was withdrawn on two charges, the first of which was found to be without basis, and the second charge was found to have ....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..

Category: Labour and Industrial Law | Date: | Hits: 103

Sompong Vs. State, 1993, 22 CLC (AD)

....hile acquitting the accused as passed by a Division Bench of the High Court Division, Dhaka on 5.12.91 in Criminal Appeal No. 445 of 1989. 2. The appellant was the Master and person in‑charge of a small coastal Pakistani trawler, Sea Hawk. He along with the crew was tried by the Spec......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ..

Category: Criminal Law | Date: | Hits: 62

Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)

.... of the Government Servants (Discipline and Appeal' Rules 1985, the Tribunal ought to have held that the Chief Conservator of Forests could delegate to the Conservator of Forests the power to frame charge or impose penalty upon the respondents when the term “authority" as defined under...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ..

Category: Administrative Law | Date: | Hits: 114

Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)

....he Bangladesh House Building Finance Corporation, is the appellant in Civil Appeal No. 28 of 1992, while the Corporation is the appellant in Civil Appeal No. 29 of 1992. 2. On June 14, 1987 charges were framed against the Law‑Officer that he approved payment of the 4th cheque in two......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ..

Category: Administrative Law | Date: | Hits: 100

Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)

....strate, Sader (North) Chittagong passed the following order; "Seen the final report false under sections 147/448/380 of the Penal Code and it is accepted. Accused persons are discharged from the case. The Investigating Officer in the final report has prayed for prosecuting th......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ..

Category: Criminal Law | Date: | Hits: 40

Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)

....g aside the employees order for dismissal. 2. He was a salesman under the respondent in their Dhanmondi shop. On the basis of an audit report he was suspended from his service and a regular charge-sheet was submitted to him asking him to show cause why he should not be dismissed for defa......sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ..

Category: Labour and Industrial Law | Date: | Hits: 79

Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)

....t in view of the deteriorating law and order situation he was detained on the basis of secret reports of Special Branch of the Police. 6. Photo‑copies of first information reports and charge‑sheets of several criminal cases under activity different sections of the Penal Code, ......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)

....any law for the time being in force, shall, by virtue of this Article and without any further proceeding or formality, stand vested in, and allotted to, the Government free of any trust, mortgage, charge, lien, interest or other encumbrance whatsoever". (The underline is mine). It further p......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..

Category: Property Law | Date: | Hits: 65

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

....s she was medically examined by P.W. 6 Dr, AKM Ayubullah. P.W. 8 ASI Kazi Anwarul Islam who at the relevant time was attached to the Mirpur Police Station, investigated into the case and submitted charge sheet against the appellants. 3. The defence, as it appears from the trend of cross&#...... 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)

.... order of dismissal to be legal but in view of severity of sentence converted it to one of termination from service with termination benefits. In the writ petition the High Court Division held that charge No. 4, held to be proved by the Labour Court, does not fall within the terms of clause (a) o......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)

.... 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‑sheet was filed against two othe......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)

....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)

..... Plainly, in the absence of agreement with the wife (and none is suggested) he could have no monetary claim against her and no estoppel or mistake is suggested. So, in my opinion, he can have no charge on or interest in the wife's property." 30. We have considered the a......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)

....r title as well. The Criminal Court is concerned neither with the possessory right nor with the title of the parties to the proceeding. Nor is the second party (the plaintiff) answering a Criminal charge before the Criminal Court. It is a law and order problem and the Magistrate's only lookout i......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

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

.... highly improper and that this appeal by the State should be allowed. 1, however, like to add a few words in connection with the respondents contention that the trial was vitiated by mis‑joinder of charges and want of jurisdiction of the Tribunal in trying a schedule offence along with a non‑sch......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

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

....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. ......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)

....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