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Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)

....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..

Category: Employment/Service Law | Date: | Hits: 97

Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)

....passed by a Single Judge of the High Court Division on April 12,1979 in Criminal Appeal No. 48 of 1979. 2. Accused-respondents were put on trial before the Sessions Judge, Bogra, to answer a charge under section 467 read with section 34 of the Penal Code for forging a sale-deed by ante-da......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17   ..

Category: Criminal Law | Date: | Hits: 61

Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)

....ion is, in the ordinary language, known as termination simpliciter, without entailing any stigma or punishment. Regulation 22 gives the procedure for awarding punishment to an employee on definite charges. It provides (fiat any employee who commits a breach of the Regulations or who displays neg......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ..

Category: Administrative Law | Date: | Hits: 149

Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)

....irement of law. 6. The High Court Division, though did not accept the contention of the respondent Nos. 1 and 5 that the appellant has no locus standi to file the present writ petition, discharged the Rule holding that the provisions of sections 73, 74 and 75 of Act, 1953 and the provisi......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed.   ..

Category: Environmental Law | Date: | Hits: 293

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

....her of the daily Ittefaq for the Company. Mr. Anwar Hossain continued as the Minister under the Martial Law Government of HM. Ershad upto 6-12-1990 and Mr. Akhtarul Alam continued as the editor in-charge for the daily Ittefaq. Ultimately, Mr. Akhtarul Alam was appointed as Ambassador for Banglad...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..

Category: Civil Law | Date: | Hits: 103

Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)

....…………….Appellant Vs Rana Awan and others......................Respondents Judgment July 25, 2004. In cases of expenditures charged on the Consolidated Fund by Clause (e) of Article 88 of the Constitution, as in the present...... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..

Category: Civil Law | Date: | Hits: 104

Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)

....e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..

Category: Tenancy Law | Date: | Hits: 67

Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)

....uo moto Rule the contemners-opposite parties Nos. 1 and 4 are tendering unconditional and unqualified apology and place themselves at the mercy of this Court and pray for exonerating them from the charge of contempt of Court. That the contemners-Sergeant Shoaibur Rahman and Sergeant Md. Russel A......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..

Category: Criminal Law | Date: | Hits: 64

Bangladesh Telecommunica­tion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)

....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..

Category: Information Technology Law | Date: | Hits: 266

Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)

....anta Gope PW 1 lodged First Information Report on the basis of which Hobigonj PS Case No. 29 dated 22-4-1997 was started against the petitioner and others and the police after investigation submitted charge-sheet on 29-10-1997. 3. The case thereupon being sent for trial, the learned Sessions Jud...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ..

Category: Criminal Law | Date: | Hits: 47

State Vs. Abdur Rahim, 2006, 35 CLC (AD)

....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

AHS Rahman Vs. State, 2006, 35 CLC (AD)

....June 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceeding………………(6)......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 89

State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)

....e information, Md. Liton went to the Sadar Hospital and found his brother Tutul dead and then lodged first information report with the local police station. Police investigated the case and submitted charge-sheet against the two accused-respondents and others. The case being sent for trial the learn......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)

....les, 1985 as to the allegations of corruption and misconduct during his tenure of service at Kalapara Upazilla under Patuakhali District. The respondent submitted written statement denying all the charges brought against him. An enquiry officer was appointed on 24-4-1990 who after holding enqui......icer. 14.  In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ..

Category: Administrative Law | Date: | Hits: 112

Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

.... July 14, 2004. The Special Powers Act, 1974 (Act No. XIV of 1974), section 25 The Customs Act, 1969 (Act No. IV of 1969), section 156 The accused has been acquitted of the charge of smuggling in the Special Tribunal Case under the Special Powers Act, the offence being ag...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 96

Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)

....rst information report that death was caused to informant's sister by strangula­tion after torturing her for dowry. 5. The investigating agency on completion of investigation submitted charge sheet under sections 10(1) and 14 of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..

Category: Criminal Law | Date: | Hits: 59

Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)

....of law. The Sub-rule (2) of Rule 7 provides that after receiving of the statement of defence from the accused the authority is to consider such statement along with other materials relating to the charge and if on such consideration the authority is of the opinion that there is good ground for p......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..

Category: Administrative Law | Date: | Hits: 113

ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)

....f 1898), section 197. In view of the fact that the evidence on record leads to the irresistible conclusion that the offence alleged against the petitioners has not been committed by them in the discharge of the official duty, section 197 Cr.P.C. has no manner of application in the present case…......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...

Category: Criminal Law | Date: | Hits: 78

Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....2, Article 135(2) The appellant being in service of the Republic, in case of her removal, she is eligible for protection under Article 139(1) of the Constitution. She cannot be removed or discharged from service by an authority subordinate to which she was appointed………...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 128

Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)

....ict Magistrates were empowered, by an amendment in the Criminal Procedure Code, to try cases like this under section 467, Penal Code. The trial was held by the Additional District Magistrate on the charge of forgery and its abetment. 3. Plea of the accused‑persons was that the Sale&......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..

Category: Criminal Law | Date: | Hits: 68