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Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....nt on 20-3-91 whereupon the learned Chief Justice referred the matter to a third Judge, Anwarul Hoque Chowdhury J, who having agreed with Qazi Shafiuddin J, for different reasons, the Rule was discharged by the impugned judgment and order dated 9-12-91. 5. Leave to app......ds and is, accordingly, allowed. There will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 1. ..Category: Constitutional Law | Date: | Hits: 191
Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)
....e’s Republic of Bangladesh challenged the legality of the action of locking up and sealing of the room of a house at 2/A of Jahangir Road, Dhaka Cantonment by the respondent No. 2, officer-in-charge of the Cantonment Police station, Cantonment, Dhaka, in the writ petition filed under Artic...... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ..Category: Constitutional Law | Date: | Hits: 170
Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)
....Thereafter the petitioner was transferred from Patuakhali to Pabna as a Sheristader. The Ministry of Law and Justice held an enquiry on the basis of such letters and the petitioner was served with charges to which he submitted explanation. Thereafter an enquiry was held by the Subordinate Judge ...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ..Category: Administrative Law | Date: | Hits: 125
Billal Vs. State, 2000, 29 CLC (AD)
....alpable misapplication of the law of circumstantial evidence. 6. After discussing the evidence of the witnesses and considering the law relating to circumstantial evidence in proving the charge against the accused the High Court Division found as follows: “From the......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..Category: Criminal Law | Date: | Hits: 58
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
....uspending, discharging or dismissing them shall vest in the Governing Body of the college concerned. Before any action is taken an opportunity should be given to the offending teacher to meet the charge against him.” 10. Relying on the aforesaid provisions of the said Statut......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ..Category: Others | Date: | Hits: 84
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....t the definition of the service of the Republic means any service in respect of the “Government of Bangladesh”. By ‘Government of Bangladesh” what is meant is the executive Government that discharges the executive administrative functions of the State. The judicial officers not being executi......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)
....respondent No. 1 concerning the appellant is not a reasonable opinion of a reasonable person. 11. Before parting we like to observe that under the service jurisprudence when an employee is charge sheeted he is also put under suspension till conclusion of the inquiry proceedings. A Direct......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..Category: Business or Commercial Law | Date: | Hits: 116
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
.... account all these facts and the law itself and to make an order of release upon its own expert opinion that she is about “to attain the age of 18 years.” 14. It is found that charge sheet had been submitted a week before the impugned judgment was passed i.e. on 18-3-98 unde......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....aw Amendment Act, 1958. Relevant facts in short are that the appellant as a store keeper of the Agricultural Development Corporation, briefly “the Corporation”, at Patuakhali, has been charged for committing an offence of misappropriation of Taka 49,967 by creating certain false vouc......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....iences on 29-7-93. On 30-12-93 the Vice Chancellor constituted an Admission Committee for ‘Gha” Unit for 1993-94 with the petitioner- respondent as Chairman. The respondent upon taking charge of the fund found irregularities in the management of the same. He requested Professor Anwa......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ..Category: Constitutional Law | Date: | Hits: 201
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... sentencing the appellants to suffer Rigorous Imprisonment for 4 years and to pay a fine of TK 5,000.00 each in default to suffer Rigorous Imprisonment for 6 months more finding them guilty of the charge under section 395 of the Penal Code. 2. The short fact leading to this appeal is th...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ..Category: Criminal Law | Date: | Hits: 92
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....that, suddenly notice to show cause within 19-2-94 had been issued by the appellant 10 explain why respondent’s licence would not be cancelled vide memo dated 9-2-94 which did not give any specific charge in respect of any omission or commission on the part of the respondent as recruiting agent bu......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....The petitioner’s further allegation is that the Police recovered the property listed in the First Information Report from the possession of respondent No. 2. 3. Police submitted charge-sheet after investigation and ultimately a Metropolitan Magistrate framed charges against al......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ..Category: Criminal Law | Date: | Hits: 93
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....ring’ on behalf of the State submitted that he had instruction from the Government not to press this Rule as the Government do not like to proceed with the same. Accordingly, the Rule was discharged for non-prosecution on 3-7-96 by a Division Bench. Thereafter the accused-petitioners filed...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ..Category: Criminal Law | Date: | Hits: 63
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....he Penal Code against the appellant and three others. The case was ultimately registered as OR Case No. 835 of 1984 in the Court of Metropolitan Magistrate, Chittagong wherein the police submitted charge sheet on 11-12-84 under the aforesaid section of the Penal Code against the appellant and ot......ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ..Category: Criminal Law | Date: | Hits: 72
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....Criminal Appeal No. 258 of 1992). Judgment: ATM Afzal CJ: In this appeal by leave against an order of acquittal of the lone respondent from the charge of murder and grievous hurt passed by a Division Bench of the High Court Division by the imp......nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ..Category: Criminal Law | Date: | Hits: 77
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....olation of one of the conditions Furthermore, the value of the land mortgaged for securing the Loan was over-stated to show the same as proper security. 3. After investigation the police submitted charge-sheet against the petitioners and others on sections 420/109 read with section 5(2) of Act II......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..Category: Anti-Corruption Laws | Date: | Hits: 75
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t a counter-affidavit was on behalf of the State to which the respondent gave a reply. 7. The High Court Division after considering the materials on record against the respondent, namely, the FIR, charge-sheet, the alleged confessional statement and statements of three witnesses under section 161......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
Alimuddin and others Vs. State, 1997, 26 CLC (AD)
.... 5. Nobody for a moment will dispute that t Public Prosecutor is not the Government. But nobody also will dispute that a Public Prosecutor represents the State in a case “of which he has charge” which is under enquiry, trial or appeal. Any action taken by the Public Prosecutor, i......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ..Category: Criminal Law | Date: | Hits: 74
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
....shing the proceeding of the aforesaid OR Case, and obtained Rule, Criminal Revision No. 382 of 1992. A Division Bench of the High Court Division by the impugned Judgment and order dated 28-5-96 discharged the Rule holding, inter alia, that in view of the amendment made by Act XLII of 1992 to the...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ..Category: Criminal Law | Date: | Hits: 87
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