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Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)

....ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ......ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ......ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ......ted above the judg­ment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed.  This Case is also Reported in: 36 DLR (AD) (1984) 97. ..

Category: Property Law | Date: | Hits: 45

BD Inland Water Transport Cor­pn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)

....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ...... Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Inland Water Transport Cor­poration……………...........

Category: Admiralty Law or Maritime Law | Date: | Hits: 204

Ass. Custo­dian, Enemy Pro­perty (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)

....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ...... hardly any ground for the appellant to challenge the title of the Plaintiff…………….(11)  Lawyers Involved: Md. Moksudur Rahman, Deputy Attorney-General instructed by B. Hossain, Advocate-on -Record—For the Appellant in all the appeals. ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ..

Category: Property Law | Date: | Hits: 28

Bangladesh Agricul­tural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)

....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......ne 15, 1978 one Akhtaruzzaman Khan, Darwan of BADC, Movement Office, Narayanganj submitted to him an application containing allegations under sections 377/442/384/368 of the Penal Code against the General Manager, Supply, BADC, Assistant Manager, Movement BADC and Movement Officer, BADC, Narayan......rew up proceedings against him asking him to show-cause against charges of misappropria­tion, negligence of duties and insubordination. Defendant No. 5 also lodged three ejahar with Narayanganj Police Station. By Memo No. 1519(10) dated 29-6-78 plaintiff-respondent was declared to be abscond...... Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Bangladesh Agricul­tural Development Corporation................................Appellant ..

Category: Employment/Service Law | Date: | Hits: 63

Abdus Salam Mas­ter alias Salam and another Vs. The State, 1983, 12 CLC (AD)

....find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ...... H. Khan, Senior Advocate (Jamiruddin Sircar and M.A. Wahab Miah, Advocates with him), instruct­ed by Md. Aftab Hossain, Advocate-on-Record—For the Appellants. Moksudur Rahman, Deputy Attorney-General, B. Hossain, Assistant Attorney-General, instructed by Shahabuddin Ahmed, Advocate-on-Record......n section 173 Cr.P.C. under this section the police on completion of the investigation shall submit a report to the Magistrate for prosecution of the accused persons or for releasing them. In the Police Regulations of Bengal a distinction has been made between these two words- “charge sheet an......find anything to interfere with the order of the High Court Division refusing to quash the proceed­ings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ..

Category: Criminal Law | Date: | Hits: 79

Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)

....is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ......lved: T. H. Khan, Senior Advocate (M. A. Wahhab, Advocate with him) instructed by Sharifuddin Chakladar, Advocate-on-Record—For the Appellant. Moksudor Rahman, Deputy Attorney General instructed by A. W. Mallik, Advocate-on-Record —For the Respondents. Civil Ap......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ...... Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Badruddin Khan…………....................Appellant Vs. Bangladesh & another…………...........…....Respondents ..

Category: Property Law | Date: | Hits: 30

Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)

....early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ..

Category: Criminal Law | Date: | Hits: 75

Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)

.... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... it is set aside. The case is remanded back to the High Court Divi­sion for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ..

Category: Anti-Corruption Laws | Date: | Hits: 112

Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)

.... his former post was malafide, illegal and without lawful authority and for realisation of arrear salary, what led to his grievance appears from the facts stated in the plaint. He joined service as Inspector in the Department of Civil Supplies under the then Government of Bengal on February 20, ......olved: Moinul Hossain, Advocate (Joynal Abedin, Advocate with him) instructed by Shahabuddin Ahmed, Advocate-on-Record—For the appel­lant. A.W. Bhuiyan, Additional Attorney-General, instructed by A.W. Mallik, Advocate-on-Record—For the respondents. Civil App......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception.   The petition for leave to appeal is accor­dingly dismissed." ......dhury J S. Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Saleh Ahmed Joarder................................. Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. The Ap..

Category: Employment/Service Law | Date: | Hits: 105

Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)

....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed.  Ed.   This Case is also Reported in: 36 DLR (AD) (1984) 14. ......dul Quader Chowdhury V. The State, 28 DLR (AD) 39.  Lawyers Involved:   Md. Aftab Hossain, Advocate-on-Record —For the appellants.   B. Hossain, Assistant Attorney General ins­tructed by A. W. Mallik, Advocate-on-Record —For Respondent No. 2.   Cri......tate, 28 DLR (AD) 39, that "Interference even at an initial stage may be justified", I find that "initial stage" as referred to, does not mean any stage prior to submission of the charge-sheet by the Police, but it means a stage after  submission of the charge-sheet. In the said case, the proce......872) L.R. 4 P.C. 419 A.I.R. 1951 Calcutta, A.I.R. 1965, (SC) at page 1433; Akamuddin Ahmed Vs. The State, 27 DLR (AD) 175(177); Abdul Quader Chowdhury Vs The State, 28 DLR (AD) page 39; Government of Bangladesh Vs A.T. Mrida. 26 D.L.R.(SC) 17; Abdul Quader Chowdhury V. The State, 28 DLR (AD) 39.&nbs..

Category: Criminal Law | Date: | Hits: 146

Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)

....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......t Division (Civil) Present: FKMA Munim CJ Badrul Haider Chow­dhury J  Shahabuddin Ahmed J    Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad Daily Paper ..

Category: Civil Law | Date: | Hits: 107

Abdul Quddus Vs. The State, 1991, 20 CLC (AD)

....was also named in the First Information Report. PW 11 Md. Abul Mohsin Khan, son-in-law of PW 1 is a witness to the inquest report. PW 12 Md. Humayun is another seizure list witness. PW 13 Sub‑Inspector Kazi Anwarul Islam recorded the First Information Report. PW 14 Dr. Md. Shamsul Haque, th...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......ara after 75 minutes of the occurrence wherein he stated that at the time of occurrence he was not in his house. He lodged the First Information Report to the Officer‑in‑charge of Pabna Police Station who was present in his house after getting a telephone call that an incident has tak...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 58

Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)

....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......wyers Involved: Khan Saifur Rahman, Advocate (MA Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondent. Criminal App......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ..

Category: Criminal Law | Date: | Hits: 51

Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)

.... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......KM Shafi Ltd. .......................................Respondents (In all the appeals) Judgment August 1, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney-General (AY Salehuzzaman, Deputy Attorney‑General with him) instructed by Sharifuddin Chaklad...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ......dismissed with costs. Ed. ..

Category: Others | Date: | Hits: 88

Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)

....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ......issed with costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 125

Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)

....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..

Category: Property Law | Date: | Hits: 28

State Vs. Shafique and others, 1991, 20 CLC (AD)

....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......espondent Judgment February 4, 1991               Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by AW Mallik, Advocate-on-Record-For the Appellant (In Criminal Appeal No. 9 of......nd Shafique threatened Dudu that his wife would be a widow within seven days. Prosecution further asserted that during the war of liberation Dudu caused the arrest of absconding accused Rafique by Police and due to this enmity the accused persons killed the deceased. 5. The defence of the......neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 49

Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)

....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......udgment February 6, 1991. Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No.......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......sent: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991..

Category: Property Law | Date: | Hits: 25

Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)

....Court Division was justified in the facts and circumstances of the case in rejecting the application for quashing of the proceeding. 3. The FIR in the case was filed by one Md, Ataur Rahman, Inspector, DAB, Dhaka on 27.8.87. He himself investigated the case and submitted charge sheet as al......ved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on­-Record-For the Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal Appeal...... the petitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......riefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co‑accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Gove..

Category: Criminal Law | Date: | Hits: 57

State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)

....aw the dead body of deceased Khairul Alam in the mustard field. PW 13 Kashem and PW 19 Shahabuddin Ahmed wrote a petition (Ext. 2) and filed the same at Sindhiaghat floating police outpost. PW 22 Sub-Inspector Atior Rahman, attached to Sindhiaghat police outpost received the petition (Ext. 2) and ma......yed Mostafa Hossain and another......... Accused-Respondents Judgment November 8, 1990. Result: The appeal is dismissed Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain Advocate-on-Record-For the Appellant. Abdul Malek, Senior Advo......eaching Sindhiaghat police outpost saw the dead body of his son which was then taken to Faridpur morgue for post‑mortem examination. PW 1 filed a written FIR to PW 22 SI Atior Rahman at Sindhiaghat Police outpost which was addressed to OC Muksudpur PS and sent there. The case was investigated part...... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 38