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AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)

....edical College Hospital by Golam Gaus, the Assistant Yard Master of the Mirpur Depot and others. He was assigned duty to the bus bearing number EBA 2723. The accident took place when he was taking charge from the outgoing conductor of the said bus. 3. The appellant after being removed to......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 118

Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)

.... common questions of fact and law were involved in them, they are now disposed of under one judgment. 2. Petitioner in Petition No 527 in Daulatpur Jute Mills Limited, Khulna and the "chargeable accounting period" in respect of which the impugned tax under the Business Profits ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 106

Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)

....s by-his first wife and also plaintiff Basanta Kumar Basak, defendant 22 Harakumar and defendant 23 Ananta as three other sons by the second wife and that Raj Kumar being the eldest son was in sole charge of the property as a Karta' of the undivided Hindu family and that he purchased in that capa......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..

Category: Property Law | Date: | Hits: 62

State Vs. Shiraj Ali, 1972, 1 CLC (AD)

....at with a dao. 3. The accused created a havoc in the locality. PW 1 Abdun Noor lodged a First Information Report on the above allegations. The local police investigated into the case and submitted charge-sheet against the accused. After a preliminary enquiry by a competent Magistrate the accused ......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..

Category: Criminal Law | Date: | Hits: 81

Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)

....having suspected some foul play sent a written information to the Police Station on the basis of which a GD entry was made and an UD (unnatural death) case was registered. Thereafter the officer-in-charge visited the locality, held inquest on the dead body of Jahiruddin and sent it to Dinajpur m......iate charge as the learned judge thinks fit. Pending the retrial the accused will remain in custody. Let the records be sent down at once for expeditious disposal of the case. Ed. ..

Category: Criminal Law | Date: | Hits: 76

Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)

..... I and 2 have appeared by filing affidavit-in-opposition in which it has been stated that the property does not vest in the deity. It belongs to the Boses and Puja expenses of the deity are but a charge on the said property and, as such, the property, in fact and in law, belongs to the Boses an......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 76

State Vs. Abdur Rashid, 1972, 1 CLC (AD)

....y the condemned prisoner from the jail. Both the Reference and the appeal have been heard together and they are now disposed of under one judgment. 2. In this case the condemned prisoner was charged under section 302 of the Pakistan Penal Code for the murder of his step-mother Maleka Khatu......before us could not also indicate the probability of any prejudice having been caused. Accordingly, the question of ordering retrial of the condemned prisoner does not arise at all. Ed. ..

Category: Criminal Law | Date: | Hits: 154

Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)

....udge. Tangail for disposal. 8. The appellant filed a Naraji petition against the final report and following an order for further investigation passed by the Special Tribunal, the police submitted charge sheet dated 10-2-98 against four accused persons including Abdus Salam under the aforesaid pr......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..

Category: Criminal Law | Date: | Hits: 71

Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)

....etely block his chance of promotion even though he would otherwise deserve it. Considering his age, inexperience and youthful exuberance the author-appellant ought to have been exonerated from the charge of contempt with reprimand and caution Since the High Court Division has not thought fit to ......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..

Category: Criminal Law | Date: | Hits: 75

Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)

.... and consequent making of a fresh recall order “without approval of the concerned magistrate” as a public servant have been proved and so the learned Judge ought not to have acquitted him of that charge……….(8) Lawyers Involved: Md. Marfat Ali, Advocate, instructed by Md. Nawab Ali, ......bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ..

Category: Anti-Corruption Laws | Date: | Hits: 73

State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)

....r dated 14-5-97 passed by a Single Bench of the High Court Division in Criminal Appeal No. 394 of 1993 allowing the appeal and acquitting thereby the accused-respondent Md. Minhazuddin Khan of the charges as leveled against him after setting aside the judgment and order of conviction dated 18-2-......ays. The reasons shown for condonation of such delay are also far from satisfactory. The petition is therefore dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 142. ..

Category: Criminal Law | Date: | Hits: 59

Emran Hossain Vs. State, 1999, 28 CLC (AD)

....dated 15-2-98 refused the prayer for bail of the accused-petitioner in pending Special Tribunal Case No. 290 of 1996 before the Court of 4th Additional Sessions Judge and Special Tribunal No. 2 (In charge), Brahmanbaria under section 19A (f) of the Arms Act read with section 25B of Special Powers......n jail for a long time. If the trial is not concluded within a reasonable time then the petitioner can always pray for bail in the appropriate court. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 66

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

.... Accused-respondent Nos. 1-6 and accused Abdul Malek and Abdul Majid were convicted under section 148 of the Penal Code and sentenced to suffer RI for 3 years each. Some other accused persons were charged under sections 326, 324, 323 and 436 of the Penal Code. Some of them were acquitted of the ......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ..

Category: Criminal Law | Date: | Hits: 80

BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)

.... He accepted these claims, but found that the plaintiffs have not been able to prove their claim in respect of items Nos. 4, 5 and 6 in the plaint, namely, average net revenue loss, salary and food charge of the staff of the vessel and salary of the staff for ten days and therefore disallowed the......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 187

Abdul Hafez Howlader alias Habibur Rahman and others Vs. State, 1999, 28 CLC (AD)

....The facts are like this: The three appellants along with 6 others were tried in Sessions Case No. 13 of 1991 in the Second Court of Additional Sessions Judge, Barisal and acquitted of the charge of murder under sections 302/34 of the Penal Code. Government filed an appeal, No. 16 of 199......hem pending disposal of the Government appeal in the High Court Division. The appeal is, accordingly, allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 67. ..

Category: Criminal Law | Date: | Hits: 57

Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)

....tacked and murdered Rafiqul Islam on the informant’s refusal to pay illegal subscriptions in order to continue the construction of the market. 3. Police after investigation submitted charge sheet against others excluding these four accused-petitioners and submitted a final report i......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ..

Category: Criminal Law | Date: | Hits: 66

Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)

....property in question from the list of abandoned property. Having failed to get any redress he on 2-9-75 vide Annexure ‘D’ to the writ petition made a representation to the Minister-in- charge of the Ministry of Public Works for releasing the said property from the list of abandoned p......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..

Category: Property Law | Date: | Hits: 48

Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)

.... Appeal No. 877 of 1994 dismissing the appeal and altering the conviction and sentence to one year rigorous imprisonment under sections 342/34 of the Penal Code and acquitting the appellants of the charge under section 376 of the Penal Code read with section 4(c) of the Cruelty to Women (Deterre......and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ..

Category: Criminal Law | Date: | Hits: 76

Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)

.... leading to this appeal may be briefly noticed. The accused-appellant along with 6 others was put on trial before the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Adalat, Patuakhali to answer a charge under section 10(1) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 in Nari-o Shish......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed.   This Case is also Reported in: 51 DLR (AD) (1999)18. ..

Category: Criminal Law | Date: | Hits: 83

Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)

.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ..

Category: Criminal Law | Date: | Hits: 68