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Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ......nths and to pay a fine of Rs. 500/- in default, to suffer rigorous imprisonment for one and a half month more. 2. The prosecution case is that while the appellant was serving as the Sub-divisional Officer of Sadar Jessore he had domain over a sum of Rs. 5, 976, 20 paisa which represented the fund..Category: Anti-Corruption Laws | Date: | Hits: 83
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......assing of this order controversy arose as to the settlement and allotment of new char lands amongst the parties and the Additional Deputy Commissionr (Revenue) Barisal, directed the Sub-Divisional Officer, Bhola to dispose up all such claims of settlement and allotment of the lands in view of th..Category: Property Law | Date: | Hits: 81
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......ly changed at that stage. The plaintiff accordingly refused to accept the rate as per modified order and protested this attempt of changing -the liability of the defendant at that stage. The Field Officers of the defendant, however, took measurement and prepared final bills only for one item wit..Category: Others | Date: | Hits: 98
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....r the wheel of that bus and he was injured severely in various parts of the body. He instantaneously lost his consciousness and was removed to the Dacca Medical College Hospital by Golam Gaus, the Assistant Yard Master of the Mirpur Depot and others. He was assigned duty to the bus bearing numbe......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. ......t leg, he partially lost his eye sight and hearing capacity. He thereafter lodged his claim with the defendants respondents for compensation due to loss of his earning capacity. The Administrative Officer of the respondent Corporation assured the appellant that he would be paid lawful compensati..Category: Labour and Industrial Law | Date: | Hits: 118
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....dia in Council vs. Hindustan Co-operative Insurance Society Ltd. 35 CWN 794. Lawyers Involved: Md. Nurul Huq and Mohammad Hassan — For the petitioner. AM Khan Chowdhury, Assistant Advocate General—For the Respondent. Petition Nos. 527 and 530 of 1963. ......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. .............Petitioner Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Refer..Category: Fiscal/Taxation Law | Date: | Hits: 106
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
....on after the custody of the accused, the Sub-Jailor of Habiganj Jail sent a report to the Court sitting that he noted marks of insanity with the accused at times. That order sheet also indicates that Assistant Surgeon of Habiganj and Medical Officers of Sylhet submitted several reports showing that ......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. ......ub-Jailor of Habiganj Jail sent a report to the Court sitting that he noted marks of insanity with the accused at times. That order sheet also indicates that Assistant Surgeon of Habiganj and Medical Officers of Sylhet submitted several reports showing that the accused was insane but the prosecution..Category: Criminal Law | Date: | Hits: 81
Tamiza Khatoon and others Vs. State, 1972, 1 CLC (AD)
.... PW 12 SI of Police who held the inquest on the dead body of Jahiruddin on the identification of PW 3 Kasimuddin and also by the post mortem examination which was held by PW 2 Dr. MA Sikder who was Assistant Surgeon, Dinajpur at the relevant time. The dead body of Jahiruddin was identified to th......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. ......eath) case was registered. Thereafter the officer-in-charge visited the locality, held inquest on the dead body of Jahiruddin and sent it to Dinajpur morgue for post mortem examination by a Medical Officer as well as for examination of the viscera by a chemical examiner. Accordingly, PW 2 Dr. MA ..Category: Criminal Law | Date: | Hits: 76
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....nbsp; Siddiky CJ: This is an application under Article 98 of the late Constitution of Pakistan by one Shuk Deb on behalf of Sree Lakshmi Narayan Jiu Thakur challenging an order of the Assistant Custodian, Enemy Property (Lands and Buildings) Dacca dated 19.8.67 asking him to vacate ......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. ......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)
....ed on him and we find it difficult to think that if any prayer for time would have been made before him, he would have rejected it, Similarly, we have no reason to assume that the lawyer who was an Assistant Pubic Prosecutor having sufficient experience in the profession agreed to proceed with th......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. ......he evidence of these witnesses. In this connection, we may recall once again the topography of the place of occurrence as given by the eyewitnesses as well as by PW 6 Mir Murtuza, the Investigating Officer. It is in evidence that there are 3 dwelling huts in the homestead of Yasin Sheik. Yasin S..Category: Criminal Law | Date: | Hits: 154
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....itioner. In our view, therefore, these judgments and decrees in the civil suit should not stand in the way to get relief in this matter. 13. Mr. Majibur Rahman Khan, the learned Assistant Attorney-General has argued that no Second Appeal or Revision was filed against this judg......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....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. ......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. ......onverted to Islam and married Salam by affidavit in Court, that they were in Chittagong for more than a month and on return to Dhaka were arrested by the police. 6. On 26-4-1997 the Investigating Officer filed a petition to the learned Magistrate praying to produce the victim girl before a Medic..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
....h a fine of Taka 1,000.00 only. 2. Following the publication of an Article under the caption “The Parliament and the judiciary at Loggerheads” written by the appellant, then as Assistant Judge. Tangail and published in the Daily Star dated the 6th February, 1995 a suo motu R......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. ......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
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ......ute in the said writ petitions with certain ancillary orders and observations. 2. Writ-petitioner respondents filed the writ petitions calling in question the action of the Land Acquisition Officer and a Magistrate First Class (respondents No. 6 and 7 in the writ petitions) in forcibly e..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....urrent judgment and order of the Election Appellate Tribunal passed in Miscellaneous (Election) Appeal No. 24 of 1995 on 18-6-95 affirming the judgment and order dated 25-4-95 passed by the Senior Assistant Judge and Election Tribunal in Election Petition No. 3 of 1993 declaring the appellant on......p;………….. (3)…………………………………………. (4) The Presiding Officer may recount the votes (a) on his own motion if he considers it......tes as the elected chairman of No. 9 Mullapur Union Parishad Under Biani Bazar Police Station, Sylhet in place of respondent No.1 Md Mustakim Ali who was declared elected Chairman by the Returning Officer. 2. The appellant, an unsuccessful candidate, challenged the election of respondent..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....le Azizur Rahman and others who happen to be the heirs of late Abdus Sattar, the sponsor-Chairman of the company brought the other suit. The principal defendants are common, namely, the Sangstha, its Assistant General Manager and the Uttara Chemical Industries Ltd, the transferee. 24. Facts stat...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221....... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....d-petitioner has preferred this petition for leave to appeal from the aforesaid judgment and order of the High Court Division. 3. The prosecution case, in short, is that, the petitioner was Bench Assistant in the Court of Thana Magistrate, Kurigram in 1985. In that Court, a Certificate Case bear......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. ......the recall order was shown and in this way the forgery of the accused was detected. The learned Magistrate then made a complaint before the learned Special Judge. A preliminary inquiry was held by an Officer of District Anti-Corruption Bureau and an FIR was lodged against the accused-petitioner, cha..Category: Anti-Corruption Laws | Date: | Hits: 73
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....-3-96 (Annexure “I” containing promotion criteria of officers of BSRS and the office order No. 29-96 dated 1-6-96 (Annexure “K”) promoting respondent Nos. 3-8 to the post of Assistant General Manager superseding and excluding the petitioner from promotion list. 3.......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ......ay, 1997 passed by a Division Bench of the High Court Division in Writ Petition No. 2081 of 1996 filed by the petitioner discharging the Rule. 2. The petitioner, who was a Senior Principal Officer of the Bangladesh Shilpa Rin Sangstha (BSRS), respondent No.1, in his writ petition impugne..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....967 (SC) 903; Aftabuddin vs. Bangladesh, 48 DLR 1; Md. Masdar Hossain and others vs. Bangladesh, 18 BLD 558 = 2 BLC 444. Lawyers Involved: Mahmudul Islam, Attorney-General (BR Chhana, Assistant Attorney-General with him) instructed by Sufia Khatun, Advocate-on-Record— For the...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ..Category: Employment/Service Law | Date: | Hits: 72
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