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Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....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
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....27 and also in the connected G.R. case so far as they relate to A.T. Mridha, set aside the order dated 14-12-72 of the Sessions Judge rejecting the prayer of bail of A.T. Mridha and discharged him from his bail bond. The proceedings in Daulatpur P.S Case No. 27 and the connected G R.......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)
....cused. Upon a consideration of sections 190 (1) (b) and 173 Cr.P.C Jenkins C.J. and Carnduff J, in the circumstances of the case, set aside the proceedings holding that the police report, i.e., the charge sheet should have set forth the nature of the information received against the accused. We a......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)
.... Sayem CJ.-This petition for special leave to appeal is by two accused persons currently facing charges before a special Magistrate at Mymenshingh under President's Order No. 8 of 1972. i.e., the......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)
....gards the second defendant which, in addition to being an ordinary agent of the first defendant, had incurred a statutory liability under clause (d) of section 64 of the Sea Customs Act to discharge "all claims for damage or short delivery" that may be established by the plaintiff......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)
....d under article 5 of the Bangladesh Collaborators (Special Tribunals) Order, 1972 (President's Order No. 8 of 1972). 2.The respondents were placed before the Special Tribunal for facing charges under clause (b) of Part IV of the Schedule of the Bangladesh Collaborators Order, 1972 (Pr...... 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)
....estigation Officer, after examining witnesses and considering the report of autopsy held on the dead body of Kafi, sent up seven persons including these three accused‑respondents for trial on charges of murder, theft and rioting. The trial was held by the Additional Sessions Judge, Bogra, ......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)
....he High Court Division upheld the conviction and sentence of the appellants under sections 302/149 of the Penal Code on misconception of provision of section 149 of the Penal Code, inasmuch as the charge framed does not show that the accused persons formed an unlawful assembly with the common o......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
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....0 Cr.P.C. seeking permission of the Court to examine Golam Kibria @ Tipu as an additional witness stating that he was an alleged eyewitness to the occurrence, his name was cited as a witness in the charge-sheet and his statement was recorded by a Magistrate under section 164 Cr.P.C. The Magistrate......the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ..Category: Criminal Law | Date: | Hits: 53
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....ed as Annexures C, D and F respectively. Ext. 7, the judgment dated August 13, 1984, of the Divisional Judge, Chittagong, in Special Case No. 233 of 1984 shows, that the employee was acquitted of the charge under section 409 of the Penal Code, but he was convicted under section 5(2) of Act II of 194......n Complaint Case No. 193 of 1986, is declared to have been passed without any lawful authority and it is of no legal effect. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 182. ..Category: Labour and Industrial Law | Date: | Hits: 103
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
....cused said that when, for realisation of his money, the complainant had come to his house with other people, he would not pay the money. 2. On December 10, 1992, the Thana Magistrate framed charge against the appellant under sections 406/420 of the Penal Code. By the impugned order dated ...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
....plainant protested they beat her with fists and drove her away from the conjugal house keeping all her ornaments with them. The complaint was registered as CR Case No. 9 of 1990. 3. During trial a charge under section 4 of the Dowry Prohibition Act, 1980 was framed against the accused‑appellant...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Abdul Mannan alias Manu Vs. Sajedul Hoque and others, 1994, 23 CLC (AD)
....wly elected Chairman and the members of the said Union Parishad would be held on 15.4.92. The said Upazila Nirbahi Officer by another Memo. dated 16.4.92 asked the writ petitioner to hand over the charge to the newly elected Chairman. The writ petitioner impugned in the writ petition both the af......out any order as to costs. The impugned order of the High Court Division is set aside and the Writ Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 138 ..Category: Election Law | Date: | Hits: 136
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....er‑in‑Charge of the Motijheel Police Station started a criminal case, No. 66 dated 12 January 1987 under section 406 of the Penal Code, against the Headmaster. The plaintiff did not make over the charge of the office of the Headmaster to the acting Headmaster, and ultimately on 14 January 1987 t......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....n Civil Appeal No, 51 of 1989 the appellant along with others was tried by the Special Martial Law Court No. 4 at Comilla under sections 147/148/149/448/380/323 of the Penal Code and eventually discharged by judgment and order dated 4.3.84 on the ground, among other, that the case was of a Civil......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....pplication before the Administrative Tribunal, Dhaka under section 4(2) of the Act, registered as Case No. 158 of 1989, alleging, inter alia, that the Bank Authority upon suspending him from service, charge sheeted him on 16.7.86 on the allegation that he had abetted in defrauding and causing loss t......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..Category: Administrative Law | Date: | Hits: 143
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....Police Station Case No. 2(5)93 was registered under sections 323, 307 and 379 of the Penal Code, read with section 4 of the Anti‑Terrorism Act, 1992. The Police after investigation submitted charge-sheet against these three appellants under sections 323 and 379 of the Penal Code. The Infor......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
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