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Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)

....mprisonment for 7 years and to pay a fine of Taka 5,000.00, in default to suffer RI for 3 years more. Accused Moksudur Rahman and Air Commodore (Retd) Mainul Islam (absconder) were acquitted of the charge under section 25D of said Act for want of evidence.  2. The present appellants......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed.     This Case is also Reported in: 50 DLR (AD) (1998) 108. ..

Category: Criminal Law | Date: | Hits: 130

Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)

....l Revision Nos. 1255 and 1256 of 1993 before the High Court Division and a learned Single Judge of the High Court Division by a common judgment affirmed the decision of the Subordinate Judge and discharged the Rules. Pre-emptor petitioner is now seeking leave to appeal from the impugned judgment......ity of the application for pre-emption the same calls for no interference. These petitions are dismissed.  Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. ..

Category: Property Law | Date: | Hits: 51

Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)

....efault to suffer rigorous imprisonment for three months more. 2. Upon an FIR lodged by the Assistant Inspector, District Anti-Corruption Bureau, Gopalganj on 29 September, 1988, the appellant was charged under sections 465/467/471 of the Penal Code with the allegation, inter alia, that on 16 Apr......rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ..

Category: Anti-Corruption Laws | Date: | Hits: 71

Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)

....t No.4 for administering oath to them. Thereafter on 17-8-92 respondent No.4 administered oath of office to respondent Nos. 5-14 and by a Memo. dated 22-10-92 directed the petitioner to make over the charge of office of Chairman to respondent No. 5. The petitioner challenged the Memo. dated 22-10-92......, without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ..

Category: Election Law | Date: | Hits: 110

Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)

....as the support of majority members of the Raj family, an eminent social worker and ex-Chairman; Union Parishad and in that perspective respondent No.1 is physically more able than the appellant to discharge the onerous duties of the Bohmong Chief. The Divisional Commissioner did not find fault with ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed.   This Case is also Reported in: 50 DLR (AD) (1998) 73. ..

Category: Civil Law | Date: | Hits: 203

Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)

....no authority to direct the exercise of magisterial power to reinstate respondent No. 2. 4. Respondent No. 2 contended that in pursuance of the impugned order the Magistrate concerned handed over charge of the Headmaster to respondent No. 2 on 14-9-94 by making an inventory of the records and ma......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..

Category: Employment/Service Law | Date: | Hits: 115

Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)

....en he held the position of Deputy Assistant Director of the Department of Fire Service and Civil Defence under Rules 3(b) and 3(d) of the Government Servants (Discipline and Appeal) Rules 1985 on the charges of corruption and misconduct. Respondent No.3 the Director General of Fire Service and Civil...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..

Category: Administrative Law | Date: | Hits: 145

Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)

....n 17-12-96 under the chairmanship of the Thana Nirbani Officer, Chitalmari he was elected as the acting chairman and he took over office since 21- 12-96 upon refusal of the writ-petition to hand over charge as directed by the Thana Nirbahi Officer and has been carrying on the function of the chairma......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..

Category: Others | Date: | Hits: 112

Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)

....hibited various documents. Respondent No. 1 did not examine any witness. 4. Tribunal No. 1 of the Bangladesh Bar Council, which heard the matter, was pleased to find respondent No. 1 guilty of the charge of gross professional misconduct beyond all reasonable doubts but took a lenient view in cons......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..

Category: Others | Date: | Hits: 105

Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)

....the relevant column of the passport meant for describing the profession of the passport holder and thereby committed serious misconduct. The respondent duly submitted his explanation against the said charge stating that he was attacked with illness of very serious nature and as such he was compelled......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..

Category: Employment/Service Law | Date: | Hits: 145

Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)

....t complete turbine side, VTR 200 and (v) Lubricating disc for VTR 200 for the defendant No. 1 who was lying in distress at the port of Mongla and for want of those machines and parts was unable to discharge her cargo. Defendant No.4 by fax message dated 1-10-1996 asked for quotation for supply of th......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for.  Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 202

Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)

....eath of Munir and Khaled. The learned Additional Sessions Judge, First Court, Dhaka by an elaborate judgment on discussion of the entire evidence on record found the accused-respondents guilty of the charge under section 302/34 and 302/109 of the Penal Code and sentenced as aforementioned. 5. App......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ..

Category: Criminal Law | Date: | Hits: 108

Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)

....e, we are of the view that the High Court Division did not commit any error in allowing the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ......e, we are of the view that the High Court Division did not commit any error in allowing the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ..

Category: Property Law | Date: | Hits: 76

Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)

....nal Code and sentencing him to suffer imprisonment for life.  2. The facts, leading to this petition, are that the informant, Md. Ishaque Ali Khan lodged FIR on 03-01-1992 before the officer-in-charge, Pabna Police Station at about 110.30 A. M alleging inter alia, that at about 10 O'clock ...... the explanations offered for condonation of delay are far from satisfactory.  For the above reasons, this petition mer­its no consideration. Accordingly, it is dis­missed.  Ed. ..

Category: Criminal Law | Date: | Hits: 94

State Vs. Nurul Islam, 2006, 35 CLC (AD)

....thousand) in default to suf­fer for 1(one) year more in Special Tribunal Case No. 18 of 1993.  2. The facts leading to the filing of this petition are that PW. 1 Kazi Abdur Rouf, officer in charge, Dhamodya Police Station District Shariatpur lodged an ejhar with the said Police Station all......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ..

Category: Criminal Law | Date: | Hits: 106

Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)

.... restrain the respondents from promoting the remaining persons approved on 21.09.2000 till the promotion of the appel­lant and 12 others were effected.  10. The High Court Division discharged the rule by the impugned judgment, out of which this appeal arose by leave as afore­said......le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..

Category: Administrative Law | Date: | Hits: 130

Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)

.... refixed the salami money. It is also undisputed that the lease in favour of the appellant was cancelled by letter dated 18.06.1990 and the appellant filed a review application before the Minister in charge of the Ministry of Land against the cancella­tion of lease and the review application was......e dis­cussions made above, we are of the view that the High Court Division was not justi­fied in discharging the Rule.  The appeal is, accordingly, allowed. No order of cost.  Ed. ..

Category: Property Law | Date: | Hits: 127

The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)

....10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant.  The appeal is accordingly dismissed without any order as to costs.  Ed. ......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant.  The appeal is accordingly dismissed without any order as to costs.  Ed. ..

Category: Constitutional Law | Date: | Hits: 154

Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)

....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..

Category: Procedural Law | Date: | Hits: 112

Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)

....t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored.  There is no order of costs.   Ed. ......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored.  There is no order of costs.   Ed. ..

Category: Property Law | Date: | Hits: 175