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Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....ounded them up, but some of the suspiciously moving persons escaped with ants after a scuffle. The appellant and the said Anwarullah were apprehended by the gram police. A rope and an electrically-charged torchlight were recovered from the person of the appellant and a knife measuring 11 inches ...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
...., 1980 (Act No. VII of 1981), henceforth the said Act. 2. The appellant, a Manager in the Audit Division of the Head Office, Agrani Bank, respondent No. 2 was departmentally proceeded against by a charge-sheet dated 8-11-77 following which he was dismissed from service on 16-2-79, an appeal from ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ..Category: Administrative Law | Date: | Hits: 131
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....August, 1994 dismissing CPLA. No. 111 of 1993 filed by the petitioner. 2. The petitioner was a District Co-operative Officer who was dismissed from service by order dated 16-11-1990 on the charge of misconduct following a departmental proceeding. Facts of the case have been set out in th......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ..Category: Administrative Law | Date: | Hits: 112
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
.... J: The accused-petitioner upon an FIR lodged by one Md. Chhanaullah, Management Consultant of ACME Laboratories Ltd. Dhaka lodged with Kotwali Police Station, Dhaka was named as an accused in the charge-sheet after investigation under section 420 of the Penal Code, section 24 of the Drugs Act, ...... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ..Category: Criminal Law | Date: | Hits: 99
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....from respondent No. 3 upon an ante-dated application extending his service up to 31-12-95. Respondent No. 4 on 2-10-95 and again on 12-10-95 and again on 12-10-95 directed the petitioner to hand over charge of the office of the Headmaster to the writ-petitioner but he did not comply with the orders....... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ..Category: Constitutional Law | Date: | Hits: 163
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....1397 BS. He again failed to repay the same and then took time for 10 days more. Ultimately on the 8th Baishak 1398 BS the appellant in presence of witnesses refused to repay the same. On 15-12-91 the charge under section 406 of the Penal Code was framed against him. He denied the charge and claimed ......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....e Criminal Investigation Department (CID) before the High Court Division Writ Petition No. 2647 of 1995. A Division Bench of the High Court Division by its judgment and order dated 30-6-96 discharged the Rule. The accused-petitioner is now seeking leave to appeal from the impugned judgment ...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ..Category: Criminal Law | Date: | Hits: 78
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
....s illegal, void and of in legal effect. The application for temporary injunction was also filed thereunder for restraining defendant No. 2 (respondent No. 1 herein) from taking over the charge of the Office of the said Chamber of Commerce and Industry, pending disposal of the suit. T...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..Category: Procedural Law | Date: | Hits: 122
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....der of transportation for life passed against the two respondents by the learned Sessions Judge, Chandpur on 13-9-1986 in ST Case No. 8 of 1985 and further ‘acquitting’ them of the said charge. 2. At the end of this judgment we are going, dismiss this appeal but we shall ......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
.... parte and that on January 4, 1988 the regular presiding officer of the Court had been on leave and, as such, the defendants reasonably expected, as a matter of practice, that the learned Judge-in-charge for the day would not hear the suit ex parte and another day would as usual be fixed for per......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....cipline and Appeal) Rules, 1984, briefly, 1984 Rules, charging him with the offence under Rule 3 (Ga) and 3 (Kha) thereof for unauthorised absence from duty and misconduct. He, however, denied the charges. The enquiry proceeding, due to pendency of the Appeal in the civil Court noted earlier, ha......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
..............................Respondents Judgment December 11, 1997. The Code of Criminal Procedure, 1898 (V of 1898) Section 561A It is not necessary to amend the charge sheet to include a higher offence as because that can be done at the time of framing o...... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. ..Category: Criminal Law | Date: | Hits: 74
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....nd that the disputed amount which was transferred to the account of the BPC as per decision of the Inter-Ministerial meeting dated 17-11-79 was an income in the hands of the appellant and, as such, chargeable to income-tax. Mr. Matiar Rahman, learned Counsel representing the revenue, has no answ...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....he aforesaid unpaid amount but ultimately did not pay the same and thereby he by deceitful manner misappropriated the aforesaid amount of money. 3. On 11-3-95 the Magistrate framed charge under sections 406/420 of the Penal Code against respondent No. 1. Then respondent No. 1 mov......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....ther Taher Ali as executant and that on query Taher Ali denied to have executed any deed of gift in favour of his sons, GR Case No. 213 of 1987 was started and after investigation police submitted charge-sheet against the accused under section 467/468/471/109 of the Penal Code. 2. ......essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ..Category: Criminal Law | Date: | Hits: 73
Frank Shipping Limited Vs. Government of the People’s Republic of Bangladesh, 1997, 26 CLC (AD)
....en able to make out a case that its own private interest is so overwhelming that public interest should be subordinated thereto by issuing an interim order in its favour. The operation relating to discharge of bulk wheat from free outturn vessels berthed in Chittagong Silo Jetty under vacuvators is ......subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ..Category: Others | Date: | Hits: 113
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....allegation that the accused petitioner had committed forgery in respect of the said two in heba-bil-ewaz deeds, he was put on trial before an Additional District Magistrate, Mymensingh to answer a charge under section 467 of the Penal Code and another Md. Ismat Ali since acquitted in appeals was......The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....ell down unconscious on the ground. Kadem Ali succumbed to his injuries on the spot. PW 1 lodged the First Informant Report at 11-30 AM on the same day and the Police after investigation submitted charge-sheet against 18 accused persons. The prosecution examined 19 witnesses and tendered one as ......o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ..Category: Criminal Law | Date: | Hits: 96
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....ive officer have now presented this petition for leave to appeal from the said judgment of the High Court Division. 3. It is contended on behalf of the petitioners that the repairing charges incurred by the DGFI claimed by the Cantonment Board being a charge incidental to the owne......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..Category: Property Law | Date: | Hits: 74
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....fe and to pay a fine of Taka 10,000.00 in default to suffer for 6 months more, no separate sentence having been passed under section 148 of the Penal Code. Co-accused Keru and Kader were also charged under section 324 of the Penal Code but they were acquitted of the said charge. ......nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ..Category: Criminal Law | Date: | Hits: 104
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