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Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
....within the meaning of the Children Act, 1974 is facing trial along with others in Sessions Case No. 14 of 1994 in the Court of Additional Sessions Judge, Moulvi Bazar. On the date of framing of the charge on 31.8.94 an application was filed by the petitioner to discharge him on the ground that h....... 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)
....ting the petition of complaint as First Information Report. On 5.11.1994 SI Shibganj Police Station filed a final report in the aforesaid Unnatural 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 o...... 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)
....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 ..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
.... by respondent No.2 and the power for appointing Members/Directors/ Managing Directors was given to the concerned Ministries, in this case to respondent No. 1. 8. The High Court Division discharged that Rule issued in the matter. It was held that "the absorption on regularization of ......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
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....28 of 1987 making the Rule Nisi absolute. 2. The respondent, who was an Assistant Commercial Officer of the Corporation, was proceeded against in a departmental proceeding on three specific charges contained in the charge‑sheet dated 8.5.86 requiring him to submit his written reply ......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)
....tion on 31 May 1994 before the High Court Division for transferring the case to any Court of competent jurisdiction in some other Sessions Divisions taking the ground that the public prosecutor in charge of the case had been influenced by one of the accused, Anwar Hossain. The learned Judges of ......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)
....de any First Information Report or lodged any complaint in Court alleging commission of the said murders by the respondents. 4. In GR Case No. 76 of 1986 police after investigation submitted charge sheet on 10.2.1987 against 17 persons including accused Mukhlesur Rahman under various sect......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)
....hority in December, 1962 as Assistant Medical Officer and ultimately became Deputy Chief Medical Officer since 24.1.85. He was serving the Authority to the satisfaction of all concerned and given the charge of Chief Medical Officer on 5.12.92. It has been alleged in the writ petition that there deve...... 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
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 ...... 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)
.....3.1993 started the aforesaid case against the respondent. The learned Judges were informed by the learned Deputy Attorney‑General at the time of hearing that the Police had already submitted charge‑sheet on 22.8.1994 against the respondent under section 6 of the aforesaid Ordinance. ......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 ..Category: Criminal Law | Date: | Hits: 64
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....endant No. 6 chartered the vessel MV Global Trader, defendant No. 1, under a time charter and shipped the cement and issued bills of lading on behalf of the Master of defendant No. 1. The vessel discharged certain quantity of cement purchased by a sister concern of the plaintiff at Chittagong Por......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
.... its success in the field of housing project and being determined to see the project spoiled totally, started maneuvering against the appellant's interest and having found in the new Secretary‑in‑charge of the Ministry of Works, Mr. MA Rouf an ally (respondent No. 4) who had been an officer subo......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)
....s alleged against him do not constitute any criminal offence of misappropriation, cheating or forgery. The High Court Division, after hearing the parties, by the impugned order dated 15 July 1993, discharged the Rule issued earlier on the said revisional application observing that at this stage the ......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
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....aint on 3-9-87 under sections 363/342/357/379 of the Penal Code. The respondent was summoned by the learned Magistrate and after hearing both the parties and their Advocates the learned Magistrate discharged the respondent under section 241A CrPC by his order dated 12-3-88, giving certain reasons. T......sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ..Category: Criminal Law | Date: | Hits: 85
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
Abdur Rahim @ Md. Abdur Rahim Vs. State, 1996, 25 CLC (AD)
.... any case and, as such, he did not commit any illegality by calling for a report from the ASP upon making enquiry. As regards sanction he submitted that since a prosecution begins with the framing of charge it was enough if the Special Judge received the sanction before actually framing the charge a......ed Senior Special Judge will now proceed in accordance with law and in the light of the observation made above. Ed. This case is also reported in: 48 DLR (AD) (1996) 167, 49 DLR (AD) (1997) 51. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....and Rescue Service was placed on suspension under Rule 11(I) of the Government Servants (Discipline and Appeal) Rules, 1985 herein after referred to as the said Rules, and later January 27, 1986 a charge was framed against under Rules 3(b) and 3(d) of the aforesaid Rules, is alleged corrup......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....0.00. Other items of costs are not admissible under a Marine Hull Policy, but even if crew wages and bunkers consumed during removal of the vessel from Chalna to a suitable port of repair and port charge at the port of repair are added to this sum, the total repair costs would not exceed US $ 2,...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....respectively of the said University. 3. The aforesaid respondents were put on trial before the Divisional Special Judge, Dhaka Division, Dhaka in Special Case No 17 of 1989. It was alleged in the charge framed against respondent Md. Iqbal Hossain that the tender submitted by him for supplying fo......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
AGM, GM Office, Postal Life Insurance Dhaka and another Vs. Sheikh Mizanur Rahman, 1996, 25 CLC (AD)
.... from the date of notice of the proceedings or within 150 days from the date on which the Government Servant is placed under suspension whichever is earlier. As the appellant was furnished with the charge and suspended long before the Rule of 1984 came into force, Rule 7(11) thereof has no manner......udgment and order of the Administrative Tribunal is restored. The appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 97 ..Category: Administrative Law | Date: | Hits: 122