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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. ......09. ......ts Judgment March 14, 1995. Result: The appeal is allowed. Cases Referred to- Md. Shahabuddin Vs. District Magistrate, 24 Parganas and others (1975) 4 SCC 114; Altaf Ahmad Matoo Vs. State and others, 1989 Crl LJ 1270. Lawyers Involved: Mainul Hosein, Advocate (Md. Joynul Abed..Category: Criminal Law | Date: | Hits: 75
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....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 ......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 ......te Division (Civil) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Sadharan Bima Corporation....................Appellant Vs. Sanjib Kumar Das & another...................Respondent Judgment Febru......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 ......inal) Present : MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Munern Chowdhury @ Momen ..............Accused‑Petitioner Vs. State…………………….Respondent J...... Present : MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Abdul Munern Chowdhury @ Momen ..............Accused‑Petitioner Vs. State…………………….Respondent Judgment ..Category: Criminal Law | Date: | Hits: 66
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... 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 ...... 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 ...... Appellate Division (Criminal) Present : ATM Afzal J Mustafa Kamal J Latifur Rahman J Yakub Ali..................Petitioner Vs. State.................... Respondent Judgment March 30th, 1995. La......ellate Division (Criminal) Present : ATM Afzal J Mustafa Kamal J Latifur Rahman J Yakub Ali..................Petitioner Vs. State.................... Respondent Judgment March 30th, 1995. Lawyers Invol..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....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 ......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 ...... (Criminal) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Zahiruddin son of Abdu Hye......................Appellant (In Jail) Vs. State…………………………&hel......) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Zahiruddin son of Abdu Hye......................Appellant (In Jail) Vs. State……………………………&hellip..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....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 ......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 ......ision (Civil) Present: M H Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Lt. Col. (Retd) Nazimuddin Ahmed ................Appellant Vs. Bangladesh and Others...............................Respondents Judgment A......d counsel for the appellant has frankly conceded that if the appellant's appointment was not lawful then the Government could well cancel that appointment. 21. After considering Shahbaz vs. State 8 DLR (FC) 20=PLD 1956 FC 46; Lt. Col. GL Bhattacharya vs. State 16 DLR (SC) 442=PLD 1964 SC ..Category: Employment/Service Law | Date: | Hits: 117
Hasan Ali and others Vs. State, 1995, 24 CLC (AD)
....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 ......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 ......Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasan Ali and others ...............................Accused‑Appellants Vs. State………………Respondent Judgment No...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Hasan Ali and others ...............................Accused‑Appellants Vs. State………………Respondent Judgment November 2nd..Category: Criminal Law | Date: | Hits: 60
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....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 ......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 ......p; ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Parjatan Corporation, Dhaka.......... Appellant Vs. AKM Abul Kalam.............................................Respondent Judgment&nb......opportunity to defend himself. (2) The officer or employee shall be allowed seven days' time from the date of receipt of the charge to put in a written explanation of his defence and to State whether he desires to be heard in person. If he so desires or if the authority concerned s..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 ...... Present: Shahabuddin Ahmed CJ MA Rahman J ATM Afzal J Mustafa Kamal J Sirajul Islam (Md). Alias Siraj Madbar and others........Accused‑Appellants Vs. Keramat Ali Bhuiyan and other................................Respondents Judgment......rge of the case had been influenced by one of the accused, Anwar Hossain. The learned Judges of the High Court Division did not issue any Rule or notice upon the accused‑opposite party or the State, but allowed the application and transferred the case to the Court of Sessions Judge, Madari..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....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 ......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 ......vision (Criminal) Present: Shababuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Afia Khatoon ........................Petitioner Vs. Mobasswir Ali and others............................Respondents Judgment J...... in the instant case in which the present petitioners are charge‑sheeted are considered as re‑investigation which is barred by law. The decision in the case of Sultan Ahmed Matbar vs. State, reported in 37 DLR 185 and Slate vs Kashem 27 DLR 342 clearly pointed out "that ther..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... 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 ...... 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 ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh ………………………………………………………………………Appellant Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, ......nt Vs. Dr. Dhiman Chowdhury and others.........................Respondents Judgment August 9, 1993. Cases Referred to- Abdul Latif Mirza vs Government of Bangladesh, 31 DLR (AD) 1; State of Bombay vs. Atma Ram, AIR 1951 (SC) 157; East Pakistan vs. Rowshan Bijaya, 18 DLR (SC) 214; ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(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. ......(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. ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J Quazi Din Mohammad......... …………………….Defendant‑Appellant Vs. Al‑haj Arzan Ali and another.................. Plaintiff‑Respondents ......(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)
....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 ......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 ...... Rahman J ATM Afzal J Mustafa Kamal J Haider Ali Khan ........................Accused‑Petitioner Vs. State………………………….Res......bsp; ATM Afzal J Mustafa Kamal J Haider Ali Khan ........................Accused‑Petitioner Vs. State………………………….Respondent ..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 ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sova Rani Guha alias Sova Rani Gupta ....................................Appellant Vs. Abdul Awal Mia and others.....................................................Respondent......efendants. It was further found that Kanailal Dhar acted on behalf of all the defendants and that defendant No. 5 after obtaining the compromise decree filed a mutation case under section 54 of the State Acquisition and Tenancy Act and got her name recorded. 9. The appellant's papers conc..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....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. ...... to the donor after the expiry of the limited period………………(10 & 11) Cases Referred to- Nawazish Ali Khan vs. Ali Raza Khan, AIR 1948 PC 134; Mst, Khan Bibi vs. Mst. Safia Begum, PLD 1969 Lahore 338; Amjad Khan vs. Ashraf Khan and others, AIR 1929 (PC) 149; Samir Shaikh v......p; Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rabjel Mondal .........................Appellant Vs. Didar Mondal and others.................. Respondents Judgment Novemb...... Begum, PLD 1969 Lahore 338; Amjad Khan vs. Ashraf Khan and others, AIR 1929 (PC) 149; Samir Shaikh vs. Aijan Bewa, 6 DLR 320= PLD 1956 Dhaka 143; Sar Anjam Khan vs. Afzal Khan, PLD 1972 Peshawar 37; State of Pakistan and another vs. Mehrajuddin, PLD 1959 SC (Pak) 147. Lawyers Involved:&nbs..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... 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 ...... Petition No.1997 of 1993. 2. The appellants' case, in brief, is that they are brother and sister. Their parents were married on 30.6.61 at Bogra. At the time of marriage their mother Syeda Begum was serving as an Inspector of Customs and Excise and their father Syed Mohammad Azam was als......ed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. The Secretary, Ministry of Works, Government of Bangladesh and others ....Respondents ...... 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)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ...... Supreme Court Appellate Division (Criminal) Present : MH Rahman J ATM Afzal J Mustafa Kamal J State...........................Petitioner Vs. MA Malik……………………….Accused...... is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....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. ......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. ...... raised some other points which will be noticed in due course. Mr. Ahmed's first and main submission is based on the doctrine of promissory estoppel for which he relied on the cases of MP Sugar Mills Vs. State of UP and VR Vora Vs. Board of Trustees of the Port of Bombay AIR 1979 (SC) 621 and AIR 19......an approach the President of the country for redress. The remedy is provided in the Ordinance itself. If a person is allowed to bypass the Ordinance and take his grievance directly to the Head of the State, it will not only amount to a no‑confidence in the rule of law but also encourage very posit..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....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 ......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 ......ppellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Engineer Afsaruddin Ahmed.....................Appellant Vs. State……………………....................................Respondent Judgment Ju......e Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Engineer Afsaruddin Ahmed.....................Appellant Vs. State……………………....................................Respondent Judgment June 19, ..Category: Criminal Law | Date: | Hits: 76
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Babul Kanti Das and others....................Appellants Vs. Abul Hashem and others...............Respondents Judgment July 13th, 1994......extent of pulling down the entire roof of the building within the time and upon conditions directed by the trial Court. Ed. This case is also reported in: 47 DLR (AD) (1995) 06 ..Category: Civil Law | Date: | Hits: 106