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State Vs. Zahir and ors., 1993, 22 CLC (AD)
....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ......side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ...... accused in the morning. On the following morning P.W. 1 along with Elahi Member went to the Thana and reported the occurrence to the police who sent P.W. 1 to the doctor for treatment. The Medical Officer, Sreepur treated P.W. 1 and stitched his injuries and thereafter P.W. 1 again went to the ..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....Police and officer‑in‑Charge of Narail came to the place of occurrence at 10‑00 AM and asked about the occurrence. At 11‑15 AM he sent the dead bodies to the morgue through Assistant Sub‑Inspector Abdul Hai and five police constables. He seized blood‑stained e......ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......with deadly weapons in their hands immediately after the occurrence. 5. Police Station Kalia lies 2 miles to the east of place of occurrence. P.W. 14 Sub-Inspector Sk. Wahidur Rahman was the Officer-in-Charge of the Police Station on the day of occurrence in the absence of the regular Off..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......es has, however, lost importance now in view of the fact that one case had already been stopped under section 339C. What is important in this case is the non examination of the Investigation Officer that has prejudiced the defence and deprived the accused of an opportunity of cross‑e..Category: Criminal Law | Date: | Hits: 40
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
.... question is whether the respondent had realized Tk. 214.40 by granting dakhila Ext. 12. It may be mentioned that the defence case was that the respondent had been falsely implicated by his fellow Assistant Tahsilders, P.W.s 15 and 30 who in order to save their own skin laid the blame on the res......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..Category: Criminal Law | Date: | Hits: 41
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....he suit land should not be declared as vested and non-resident property in DP case No. 33 of 1978, that the plaintiff filed OC Suit No. 630 of 1979 challenging the said proceeding in the court of the Assistant Judge, Natore, proceeded with the said suit till 2.2.1983, then withdrew the same with lib......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......ession since then by paying rents, etc., that while the plaintiff was in peaceful possession of the "Kha" schedule land he was served with notice dated 20.5.78 from the office of the Sub‑Divisional Officer, Natore to show cause why the suit land should not be declared as vested and non-resident pr..Category: Procedural Law | Date: | Hits: 111
Sompong Vs. State, 1993, 22 CLC (AD)
....ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......is necessary to briefly notice the facts of the case which led to the prosecution of the appellant and his colleagues and the confiscation of the goods in question. On 30.6.1988 P 1 Md. Ali Asgar, Officer‑in‑Charge, Customs Preventive Unit, Mongla Port lodged an FIR with Mongla PS st..Category: Criminal Law | Date: | Hits: 62
Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)
....neer, Central Rly. AIR 1979 (SC) 1912, where the appellant appointed as a Train Lighting Inspector by the Chief Electrical Engineer was removed from service under an order passed by the Divisional Assistant Engineer the order of removal was struck down. it was held that (a) whether or not an aut...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ..Category: Administrative Law | Date: | Hits: 114
Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)
.... as well. In the statement of allegation it was clearly stated that the countersigning by a first class officer like the Law‑Officer of a false report prepared by the Corporation's Sub‑Assistant Engineer regarding the state of construction justifying issuance of the 4th cheque was ag......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......l passed in Appeal No. 42 of 1991 modifying the Judgment and order dated June 6, 1991 of the Administrative Tribunal in Administrative Tribunal Case No. 235 of 1988. Quazi Nazrul Islam, former Law Officer of the Bangladesh House Building Finance Corporation, is the appellant in Civil Appeal No. ..Category: Administrative Law | Date: | Hits: 100
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......e following order; "Seen the final report false under sections 147/448/380 of the Penal Code and it is accepted. Accused persons are discharged from the case. The Investigating Officer in the final report has prayed for prosecuting the informant under section 211 of the Pena..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
.... Lawyers Involved: Maudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant AF Hasan Arif, Deputy Attorney-General, (Sharifuddin Chaklader, Assistant Attorney-General, with him) instructed by Zinnur Ahmed, Advocate-on-Record-For the Respo......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ...... subject, we set aside the conviction and sentence of the appellants and they are acquitted of the Charge. The appeal is allowed. Ed This case is also reported in: 45 DLR (AD) (1993) 66 ......c witnesses and P.W. 7 Md. Ruhul Amin are public witnesses and they are also witnesses in the seizure list and the other witnesses are the victim woman herself, four police personnel and a Medical Officer P.W. 8 Dr. AKM Ayub Ullah who examined the victim woman. 6. In this case, the materi..Category: Criminal Law | Date: | Hits: 66
Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)
....ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ......ion 19(2) of the Co‑operative Societies Ordinance, 1984 provides that no person who has been a Member of a Managing Committee for consecutive 3 years shall be eligible for being elected as an Officer of such Society unless a period of 2 years has elapsed before the expiry of his last term a..Category: Constitutional Law | Date: | Hits: 150
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......y this judgment. In each of these appeals a dispute as to the result of election for the office of chairman of six Union Parishads has been raised. On conclusion of election, counting of votes by the Presiding Officers was completed and declaration of result by the Returning Officers was made and no......gment. In each of these appeals a dispute as to the result of election for the office of chairman of six Union Parishads has been raised. On conclusion of election, counting of votes by the Presiding Officers was completed and declaration of result by the Returning Officers was made and notification..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......ahman J.- These six petitions, arising out of Special Case No. 11of 1992 of the Court of Special Judge, Dhaka, were heard together and are now disposed of by this judgment. 2. On April 14, 1991 an Officer of the Bureau of Anti-Corruption, Dhaka lodged a First Information Report with the Motijheel..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....o. 34 of 1988). Judgment: MH Rahman J.- On April 15, 1960 the appellant was appointed as an Assistant Communication Engineer in the Civil Aviation Department. The Government of Bangladesh for......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......s. State of Uttar Pradesh AIR 1954 (SC) 194 at P 197, Faulad and another Vs. State AIR 1961 Allahabad P 326, Rukan Din Vs. Hafiz-ud-Din PLD 1962 Lahore 161, Sangam Lal Vs. Rent Control and Eviction Officer, AIR 1966 Allahabad (FB) 221; Jai Karan Vs. Panchaiti Akhara, Choto Nayan Udasi Nanak ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ....... Dyson [18661 LR I HL, 129; Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135; Gooroo Churan Dutta [186513 WR 228; Narayan Vs. Bholagir Guru Mangir 6 Bom. HCRAC 80; Vallabdas Narainji Vs. Development Officer, Bandra in AIR 1929 PC 163 ; 6 WR 228 Page CJ remarked in Seing Mating VEA Chettyar Firm, 1..Category: Property Law | Date: | Hits: 80
Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)
....5 of 1984). Judgment ATM Afzal J.- Plaintiff‑petitioner filed Title Suit No. 301 of 1959 in the First Court of the Assistant Judge, Patuakhali which was dismissed for default whereupon an application under Order 9 ......h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......18.1.79 she filed a petition before the SDO (South), Dhaka against the defendants for drawing up a proceeding under section 144 Cr.P.C. against defendant No. 1. The SDO (South), Dhaka directed the Officer‑in‑Charge of Gulshan Police Station, defendant No. 6, to maintain status quo an..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....or the period of January to May, 1986 (vide Annexure ‘D’ series to the writ petition). 4. On 15.7.1987 the appellant instituted Title Suit No. 126 of 1987 in the Court of Senior Assistant Judge Gazipur, against the respondents (PDB) for a declaration that the aforesaid electri...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ...... bills due from him. There is thus no substance in this appeal which is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 29 ..Category: Criminal Law | Date: | Hits: 71
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....om his aunt respondent No. 3, Moyna Sundari by way of gift by a registered document dated 2.10.80. The pre-emptor-respondent Nos. 1 and 2 filed Miscellaneous Case No. 17 of 1981 in the court of the Assistant Judge, Manikgonj for pre-emption of the case land. The case was transferred w the court o......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ..Category: Property Law | Date: | Hits: 56
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