Search Options
Judgment Advanced Search
Displaying 5181-5200 of 5707 results.
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....ng the Judgment and order passed by the Special Tribunal, Court No. 11, Dhaka in Special Tribunal Case No. 135 of 1989 convicting the appellants and sentencing each of them to suffer rigorous imprisonment for 7(seven) years and to pay a fine of Taka 500.00, in default to suffer rigorous imprison...... 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 ......66 ..Category: Criminal Law | Date: | Hits: 66
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....ers of Parliament. Article 119(2) gives the Election Commission power "to perform such other function as may be prescribed by this Constitution or by any other law". Article 119(2) thus indicates the source of authority, power and jurisdiction of the Election Commission in respect of elections other......g to election for Union Parishads. 2. Elections of Union Parishads are held by the Election Commission under the Local Government (Union Parishads) Ordinance, 1983 and the rules framed thereunder, called Union Parishads Election Rules 1983. The Election Commission is a body constituted under Arti......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. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Altaf Hussain…………Appellants (In Civil Appeal No. 35 of 1992] Vs. Abul Kashem and others…………Respondents (In Civil Appeal No. 35 of 1992) Adaruddin ......................Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....AJUK considered the offer as inadequate and decided to construct a building of its own on the two plots. Subsequently when the RAJUK took steps to re‑auction the two plots three suits were filed by some of the previous bidders challenging the re‑auction and obtained an order of injunction. While......d on different applications, refusing to quash the proceeding under section 561A of the Code of Criminal Procedure. 17. In all the petitions the common contention is that the petitioners cannot be called upon to answer a charge of abetment in the absence of a specific provision for punishment for......al misconduct under section 5(i) of the Act by the Senior Special Judge under section 4(4) of the Act XL of 1958 to the Court of the Special Judge the latter has got the full panoply of powers of the trial Court like the power to frame charge or to alter or add any charge at any stage before the jud......ushan Ershad ....................Petitioner [Criminal Petition No. 118 of 1992] Abdus Shukur Prodhan ..........................Petitioner [Criminal Petition No. 1 19 of 1992] Md. Shahinur Islam and another.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitio..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....om February 19, 1987. 2. The Government set up an Inquiry Committee on March 1, 1987. The Committee submitted a report to the Government. On the basis of that report the appellant was compulsorily retired from service under the Public Servants Retirement Act, 1974 by an order of the Presi......eet that the judgment would be in a separate sheet. 5. On June 15, 1989 on the submission of the learned Advocate of respondent No. 1, the Government, the decision dated June 12, 1989 was recalled and the appeal was fixed for re-hearing on June 19, 1989. On June 19, 1989, the Chairman of ......gs and depositions already in the case. See Read 6 Am. St. Rep. 877, 10 At 1. Rep. 385." 18. In Stroud's Judicial Dictionary (1974) it is stated a "rehearing" is a new trial, and is not satisfied by merely reading the transcript of the first trial (R V Syme, Ex p. Pa......n (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abu Taleb ............Appellant Vs. Government of Bangladesh and others..............Respondents Judgment January 31st, 1993. Cases ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
.... 3 All. ER 363 ; Pettitt Vs. Pettitt [1969] 2 All E.R. 385; KK Das Vs. Amina Khatun, AIR 1940 Cal. 365; Thakoor Chunder Poramanick Vs. Ramdhon Bhuttacharjee. 6 Suth WR 228 (1713) and Ramsden Vs. Dyson [18661 LR I HL, 129; Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135; Gooroo Churan Dutta [18651......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 ......squo;A’ schedule land. The plan for the construction of the building was sanctioned in her name. The wife mortgaged the land to the Shilpa Bank of Bangladesh, the successor of the former Industrial Development Bank of Pakistan, for securing the house-building loan sanctioned by the Bank. A......n Vs. Jansen [1965] 3 All. ER 363 ; Pettitt Vs. Pettitt [1969] 2 All E.R. 385; KK Das Vs. Amina Khatun, AIR 1940 Cal. 365; Thakoor Chunder Poramanick Vs. Ramdhon Bhuttacharjee. 6 Suth WR 228 (1713) and Ramsden Vs. Dyson [18661 LR I HL, 129; Narayan Das Vs. Jatindra Nath, AIR 1927 PC 135; Gooroo ..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....ceeding 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 and also to enquire and report. The defendants were asked to show cause by 28.2.79 why the proceeding sha......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 ......rejected on the ground of its being barred under section 56(c) of the Specific Relief Act which provides that no injunction can be granted to stay proceedings in any criminal matter. 2. The trial Court, the learned Subordinate Judge, 1st Court, Dhaka rejected the defendant- responden...... Vs. Momtaz Begum and others...................................Respondents Judgment December 3rd, 1992..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....own mechanic under the cover of the ad interim order of status quo dated 16.7.1987 passed by the learned Senior Assistant Judge, Gazipur in the above suit. 5. The PDB, it appears, submitted some bills to the appellant for his illegal consumption of electricity for the period of November '...... 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 ......ellant. Syed Ishtiaq Ahmed, Senior Advocate, instructed, by Abul Quashem Bhuiyan, Advocate- on - Record -For the Respondents. Civil Appeal No. 51 of 1990. (From the Judgment and Order dated 10 December, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 160..Category: Criminal Law | Date: | Hits: 71
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....the case holding. It is his grievance that in derogation to the principles enunciated in ILR 44 CaL 47 ad; 19 DLR (SC) 36 the High Court Division failed to take note of this subsequent event and also failed to hold that under the altered circumstances the miscellaneous case does not lie. ......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 ......on No. 986 of 1990 disposing of the Rule by setting aside the order of remand passed by the appellate Court below and allowing the pre-emption case, thereby reversing the judgment and order of the trial Court disallowing the pre-emption case. 2. The pre‑emptee-petitioner received t......il) Present: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Baten................Petitioner Vs Abdul Latif Sheikh and others....................Respondents Judgment December 1st, 1992. Cases R..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....t the school building is situated on the northern side of plot No. 10716; and that since the establishment of the school in 1929, a cattle market is sitting on every Wednesday over the land in the southern portion of RS Plot No. 10716. By an order on 31st May, 1969, the Government held out that ......as upheld. The respondent does not contest the legal provision of non‑ retainibility of hats, but contends that in the instant case, the cattle market sits only on Wednesday and it can not be called as a hat at all. Our attention has been drawn to the definition of hat given in Wilson's Glo......794 and over a nominal portion of the southern side of Plaintiffs Plot No. 107116, and that the plaintiffs suit was barred by section 20(2a) of the State Acquisition and Tenancy Act. 4. The trial court decreed the suit after considering the Secretary, Muktagacha Abbasia Senior Madrassa Vs....... of East Pakistan, 11 DLR (SC) 316; A. Roberio Vs. Labour Appellate Tribunal, 27 DLR 98; 9 DLR 674; 13 DLR (SC) 139; 16 DLR (SC) 281; Hashem Ali Howlader & others Vs. Province of East Pakistan and others, 20 DLR 18 (1968); SM Nurul Huq Vs. Province of East Pakistan and another, 25 DLR 476. ..Category: Property Law | Date: | Hits: 64
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
....covery of possession of the suit land. Application for amendment of the plaint having been rejected the plaintiff obtained a Rule from the High Court Division in civil revision. The Rule was made absolute on 14.8.84 allowing the plaintiff's prayer. The records of the case reached the trial Court ...... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......een rejected the plaintiff obtained a Rule from the High Court Division in civil revision. The Rule was made absolute on 14.8.84 allowing the plaintiff's prayer. The records of the case reached the trial Court on 25.1.86, but the plaintiff failed to file any hajira nor took any steps. On 16.3.86 ......hahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Shahabuddin ................................Petitioner Vs. Abu Sayed and others ......................Respondents Judgment October 31st, 1991. Lawye..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....ry law is advantageous to the accused‑respondent and punishment thereunder is much less than that under the special law. He has referred to Article 27 of the Constitution which guarantees to all persons the right of equality before law and equal protection of the law. This Article, he contends, no......ollowing leave is from an order of acquittal passed by the High Court Division, Dhaka in appeal acquitting the respondent of the charge under section 25B(1) of the Special Powers Act, 1974, hereafter called the Act. 6. The respondent, a purser in the Flight Service of the Biman Bangladesh Airline......he respondent by the Appellate Court is highly improper and that this appeal by the State should be allowed. 1, however, like to add a few words in connection with the respondents contention that the trial was vitiated by mis‑joinder of charges and want of jurisdiction of the Tribunal in trying a ......ate-on- Record-For the Appellant. Serajul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-For the Respondent. Criminal Appeal No. 19 of 1990 (From the judgment and order dated 10.11.88 passed by the High Court Division, Dhaka, in Criminal Appeal No. 558 of 198..Category: Criminal Law | Date: | Hits: 132
AHM Siddique Vs. State, 1993, 22 CLC (AD)
....tainable in law. 2. The appellant was convicted by the Additional Sessions Judge, Dhaka, by an order dated 4 February 1988 under section 409 of the Penal Code and sentenced to rigorous imprisonment for three years and also fine of Taka 9,00,000.00 (nine lacs), in default, to rigorous impr......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......so reported in: 45 DLR (AD) (1993) 8 ..Category: Criminal Law | Date: | Hits: 44
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....ies as Amena, sister of Somartaban Bibi was not made a party and that it was time barred as the appellant had knowledge of the transfer long before the alleged date and that it abated against some of the heirs of opposite party No. 1. The appellant preferred Miscellaneous Appeal No. 433 of ......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ......earned Munsif should be upheld. 7. Mr. Moinul Huq, the learned Counsel for the respondent contended that the appeal has not been properly constituted as some parties who were before the trial Court and the High Court have not been impleaded in the present appeal. There is no dispute t...... Muhammad Abdullah Jabir J Abdul Hamid Kazi…………………………….Appellant Vs. Abdul Jabbar Jamadar and others……………………….Respondents ..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....State Acquisition Act) in view of the fact that Part V including section 96 thereof was brought into force in the area where the land was situated. Then on 23. 1.65 the respondent added certain persons as opposite parties, some of whom are co sharers of the holding and some others are owner...... pre-emptor amended his application for pre emption on 16-1-65 describing it to be an alternative application under section 96 of the East Bengal State Acquisition and Tenancy Act (hereinafter called State Acquisition Act) in view of the fact that Part V including section 96 thereof was brou......tance of the transferee. It is against. a judgment of a Division Bench of the erstwhile High Court of East Pakistan which set aside an appellate order of reversal and restored that of the trial Court which granted preemption, with the modification that pre-emption, was granted......ip;……………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others……………………………&..Category: Property Law | Date: | Hits: 60
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....evision Cases filed under sections 435, 439 read with sections 497, 498 and 551A of the Code of Criminal Procedure (hereinafter referred to as "the Code"). The appellant viz. the State also filed two petitions for Special Leave to Appeal containing grounds other than those covered by t......vered by the Certificate. In appeal No. 11 one A.T. Mridha is the sole respondent, while in appeal No. 12 there are six respondents. 2. The respondent A.T. Mridha is the proprietor of a firm called Mridha and Co., which is engaged in jute trade. He has a number of godowns for the purpose o......ays down that the provisions of the Code in so far as they are not inconsistent with the provisions of this Order, shall apply to all matters connected with, arising from or consequent upon a trial by a Special Tribunal or a Special Magistrate, Article 10 provides that notwithstanding ......citor, Government of Bangladesh ………………………..Appellant/ Petitioner Vs. S. M. Ali Akbar and others.....................Respondent Judgment March 7, 1974. Cases Ref..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....p; Sayem CJ.—This judgment disposes of petitions for special leave to appeal Nos. 47 and 48 of 1973 preferred by two persons who are facing a trial under President's Order No. 1972, i.e, the Bangladesh Collaborators (Sp......ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ......bsp; Sayem CJ.—This judgment disposes of petitions for special leave to appeal Nos. 47 and 48 of 1973 preferred by two persons who are facing a trial under President's Order No. 1972, i.e, the Bangladesh Collaborators (Special Tribunals) Order......n, Advocate-on-Record)—For the petitioners. Not represented—For the Respondent. Petition for Special Leave to Appeal Nos. 47 & 48 of 1973 (Against the judgment and orders of the High Court Division dated the 9th July, 1973 in Criminal Revision Nos. 238 &..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....3) Judgment: Sayem CJ.-This petition for special leave to appeal is by two accused persons currently facing charges before a special Magistrate at Mymenshingh under President's Order No......ted the Collaborators Order, namely Mr Justice Abu Sayeed Chowdhury; and to that end we were referred to the Proclamation of Independence made at Mujib Nagar on the l0th day of April. 1971 (herein called the Proclamation) as well as the Provisional Constitution of Bangladesh Order, 1972; pr......isputed. The Collaborators Order was thus promulgated by an Authority competent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......vocate-on-Record —For the Petitioners. None—For the Respondents. Petition for Special Leave to Appeal No. 45 of 1973. (Against the judgment and order of the High Court Division dated the 2nd July, 1973 in Criminal Revision No. 230 of..Category: Criminal Law | Date: | Hits: 53
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....ed the Collaborators Order on the allegation that they collaborated with the Pakistan occupation army by participation in a purported bye-election in which Emdadul Hoqe, the sole respondent in one of these two appeals filed three nomination papers, each having been p......ts were placed before the Special Tribunal for facing charges under clause (b) of Part IV of the Schedule of the Bangladesh Collaborators Order, 1972 (President's Order No. 8 of 1972), hereinafter called the Collaborators Order on the allegation that they collaborated with......ent in one of these two appeals filed three nomination papers, each having been proposed and seconded by a set of two out of the six respondents in the other appeal. At the conclusion of the trial all the seven respondents who were in custody were acquitted by the Special Tribunal which wa......ssed. Ed. ..Category: Criminal Law | Date: | Hits: 39
State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)
.... Huq alias Kafi was a dealer in timber, and in that connection he used to go to a saw mill named Zakir Saw Mills of one Abdul Gani in a suburb of Bogra town. On 17.1.82, Kafi went to that mill with some wood for splitting; the accused‑respondents‑Ashraf Ali, Paltu and Liakat Ali ......ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ....... The Investigation Officer, after examining witnesses and considering the report of autopsy held on the dead body of Kafi, sent up seven persons including these three accused‑respondents for trial on charges of murder, theft and rioting. The trial was held by the Additional Sessions Judge,......ur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ........................Appellant Vs. Ashraf Ali and others ............Accused-Respondents Judgment January 2nd, 1994. ..Category: Criminal Law | Date: | Hits: 119
Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)
..... In the meanwhile accused Mesbahuddin and Sattar armed with Ballam and Katra respectively joined accused Nurul Islam and chased PWs. Serajul Huq and his nephew Alam ran away. At the alarm of some of the accused, other accused persons came with deadly weapons like Katra, Ballam, Halanga, Br......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ...... 46 DLR (AD) (1994) 239 ..Category: Criminal Law | Date: | Hits: 56
12011198119711961195119211911189118811871186118411831182117811771176117411731172