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Abdul Mannan Vs. Bangladesh and another, 1980, 9 CLC (AD)

....in the judgment of the High Court Division warranting in­terference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......in the judgment of the High Court Division warranting in­terference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......in the judgment of the High Court Division warranting in­terference. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 75 ......ppellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury,J Abdul Mannan..................................Petitioner. Vs. Bangladesh and ano­ther…………................Respondents Judgment August 8, 1979. T..

Category: Employment/Service Law | Date: | Hits: 72

Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)

....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......about the occurrence. The police started investi­gation and G.R. case No. 552 of 1973 was initiated in the Court of the Sub-Divisional Magistrates Sunamganj, Sylhet. The Officer-in-Charge of Chhatak Police Station submit­ted a report to the Sub-Divisional Magis­trate with a prayer for issuing pro......n Hossain, CJ Ruhul Islam, J KM Subhan, J Cherag Ali and others................Appellants. Vs. State and anothers. …………..Respondents Judgment February 26, 1979 The Bangladesh Scheduled Offences (S.T.) Order, 1972 (P.O. 50 of 1972) Art. 4(1). The case being tria..

Category: Criminal Law | Date: | Hits: 48

Ayesha Salahuddin Vs. Chairman, Second Labour Court and anr, 1980, 9 CLC (AD)

....ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......Constitution, challenging legality of the judgment passed by the Second Labour Court of Dacca. 2. The appellant was a stewardess of Hotel Inter-Continental, Dacca and was elected as the Assistant General Secretary of the Sramik Union of the said Hotel. She was verbally suspended by the Managemen......ibunal is upheld, but the order of the High Court converting the order of dismissal to an order of termination simpliciter is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 68 ......J Ayesha Salahuddin....................................... Appellant. Vs. Chairman, Second Labour Court and anr.......... Respondents Judgment Nov. 19, 1979. The Constitution of Bangladesh, 1972, Art-102. The labour Tribunal is competent to arrive at a conclusion on the subj..

Category: Labour and Industrial Law | Date: | Hits: 106

Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)

.... without any lawful authority and the order passed by the Prescribed Authority in conse­quence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......d: Khondker Mahbubuddin Ahmed, Advocate, instructed by B. C. Panday, Advocate-on-Record—For the Appellant. Zinnur Ahmed, Advocate-on-Record—For Respondents Nos. 1-6. K. A. Bakr, Attorney-General, instructed by M. R. Khan, Advocate-on-Record—For the Respondents Nos. 8-11. Ex parteâ€...... without any lawful authority and the order passed by the Prescribed Authority in conse­quence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ......available as the said Order with its Rules were repealed by the Ordinance of 1976. The learned Attorney-General did not contest his position and his further submission was that Rules framed under the Bangladesh Local Government (Union Parishad and Pourashava) Order of 1973 were also not available. ..

Category: Employment/Service Law | Date: | Hits: 108

M. A. Hai Vs. Trading Corpo­ration of Bangla­desh, Dacca, 1977, 6 CLC (AD)

....978 dismissing the ap­pellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......978 dismissing the ap­pellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......978 dismissing the ap­pellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......le obtained by the appellant challenging validity of the order of the respondent removing him from service. 2. The appellant's case in short, is that he was appointed by the Trading Corporation of Bangladesh on December 18, 1972 and was posted as the Stores Officer at the Head Office in Dacca and..

Category: Employment/Service Law | Date: | Hits: 72

Siraj Miah Vs. Bangladesh and ano­ther, 1980, 9 CLC (AD)

....f 1974), section 27. The Sessions Judge can take cognizance of a case under section 27 of the Special Powers Act only on a report in writing made by a police officer not below the rank of Sub-Inspector of Police. The Sessions Judge was not empowered under the Special Powers Act to take co....... Lawyers Involved: Abdul Wadud Khandker, Advocate with Habibul Islam Bhuiyan, Advocate instructed by S.M. Huq, Advocate-on-Record—For the Appellant. Abdul Wadud Bhuiyan. Assistant Attorney General, instructed by Abu Backkar Advocate-on- Record—For the Respondents. Criminal Appeal No.......ion 27. The Sessions Judge can take cognizance of a case under section 27 of the Special Powers Act only on a report in writing made by a police officer not below the rank of Sub-Inspector of Police. The Sessions Judge was not empowered under the Special Powers Act to take cognizance of t......80) 35 ..

Category: Criminal Law | Date: | Hits: 60

Zahidul Haque Vs. Bangladesh and others, 1980, 9 CLC (AD)

....erred by different statutes upon a single person. The appeal therefore is allowed and the order of the High Court Division is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 33 ......5) Lawyers Involved: Abdul Wadud Khondker, Advocate, with Habibul Islam Bhuiyan, Advocate, instructed by S. M. Haq, Advocate on-Record—For the Appel­lant. Abdus Sobhan, Additional Attorney-General, instructed by M.R, Khan, Advocate-on-Record — For the Respondents. Criminal Appeal No...... with him. When, however, the Customs Officials were about to search his persons, the appellant declared that he had some more undeclared foreign currencies. A proceeding was started with the Tejgaon Police Station under the pro­visions of the Special Powers Act. On com­pletion of investigation a ......) 33 ..

Category: Criminal Law | Date: | Hits: 63

Abul Khair Miah be­ing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)

....vision is set aside and the impugned order of the Enemy Property authority is de­clared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......erty, was without Jurisdiction. Lawyers Involved: M.H. Khandker, Senior Advocate, ins­tructed by B.C. Panday, Advocate-on Record —For the Appellants. Anwarul Huq Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record—For Respondents 1& 2. A. Kashem Bhuiyan, ......vision is set aside and the impugned order of the Enemy Property authority is de­clared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......esent: Kemaluddin Hossain C.J.  Ruhul Islam, J J. K M. Subhan, J. Badrul Haider Chowdhury, J. Abul Khair Miah be­ing dead his heirs: Abul Kashem and ors. …..Appellants. Vs. Bangladesh and others……………………………………….Respondents Judgment Nov. 2..

Category: Property Law | Date: | Hits: 58

Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)

....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......Vs. Lucas (1878) 3 A.C. 582 at page 603; Republic of Costa Rica Vs. Erlanger (1874) 3 Ch. D. 62; Akhtar Hossain Khan Vs. The State (1977) 29 DLR (SC) 101. Lawyers Involved: K.A. Bakr, Attorney-General (A.W. Bhuiyan, Asstt. Attorney-General with him) instruc­ted by S.S. Hoda, Advocate-on-Reco......inued in the absence of any saving clause in section 36 (2)(b) of the Special Pow­ers Act, 1974. Under this section of the Act only pending cases were preserved. The precise question was whether the Police In­vestigation started under P.O. 50 of 1972 be­fore the 9th February, 1974 which did not y......s also Reported in: 32 DLR (AD) (1980) 1 ..

Category: Criminal Law | Date: | Hits: 66

Coal Controller, Govern­ment of Bangladesh Vs. Ventura Industries Ltd., 1993, 22 CLC (AD)

....petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......petitioner on the adjourned date of hearing. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 183 ......vision (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Coal Controller, Govern­ment of Bangladesh........................Petitioner Vs. Ventura Industries Ltd................

Category: Others | Date: | Hits: 90

Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)

....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..

Category: Others | Date: | Hits: 119

Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)

....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ...... Lawyers Involved: Shahidul Islam, Advocate, (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Shamsul Alam, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on Record-For the Respondent. Crimina......y below: On the night of 1 December, 1987, a shallow tube-well machine of P.W. 1, Apiluddin, was stolen from his field by some unknown persons. At about midnight the police of Bogra Kotwali Police Station caught accused Shafiul Alam (who is not before us in this appeal) with a shallow tub......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..

Category: Criminal Law | Date: | Hits: 44

Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)

....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......e headed by the OC of Dhanmondi PS accompanied the Court's officials who had delivered the possession to the petitioner. But at about 10‑00 PM of the same day, at the instance of the Director General, Radio Bangladesh (Defendant No. 2) the same contingent of police arrested his men and dis......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......nt: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Suruzzamal ..................................Petitioner Vs. Bangladesh represented by Secretary, Ministry of Public Works and Urban Development and another.....

Category: Property Law | Date: | Hits: 101

State Vs. Zahir and ors., 1993, 22 CLC (AD)

.... made by the accused for the statements under section 161 Cr.P.C. but the same could not be supplied to them as because the statements were allegedly lost. In this context, it noticed that four Sub-Inspectors of Police investigated the case one after another. The first Sub Inspector Mr. Jalil af......be corrected by the High Court Division in the exercise of its Writ jurisdiction by passing an order in the nature of certiorari. 7. Mr. Abdus Sobhan, the learned Additional Attorney‑General appearing for the appellant, urged that the High Court Division could interfere only if the......ccused for the statements under section 161 Cr.P.C. but the same could not be supplied to them as because the statements were allegedly lost. In this context, it noticed that four Sub-Inspectors of Police investigated the case one after another. The first Sub Inspector Mr. Jalil after recording ......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 ..

Category: Criminal Law | Date: | Hits: 48

Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)

....n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ......llate Division (Civil) Present: MH Rahman J ATM Afzal J, Mustafa Kamal J Latifur Rahman J. Abu Yousuf .......................Petitioner Vs. Bangladesh and others .........................Respondents Judgment August 11th, 19..

Category: Business or Commercial Law | Date: | Hits: 104

Kalu and another Vs. State, 1993, 22 CLC (AD)

.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ...... Begu and others Vs. Emperor, 26 CrLJ (PC) 1050. Lawyers Involved: Abdul Baset Majumder, Advocate-on-Record-­For the Appellants Md. Moksudur Rahman, Deputy Attorney­-General, instructed by Zinnur Ahmed, Advocate-on- ­Record-For the Respondent. Criminal ...... his death and concealed his dead body by digging a ditch nearby the west side of the Kendua Kalibari railway line. On information received from GD entry made by Kazi Shamsuddin, P.W. 3 of Jamalpur Police Station, police went to the place of occurrence and disinterred the (lead body of Tegu from ...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..

Category: Criminal Law | Date: | Hits: 58

Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)

.... of the accused persons running away 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 occurren......AIR (SC) 1073. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-­For the Appellants. M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-on- Record-­For the Respondent. Criminal A......ased Ekhlasuddin Ahmed and his son deceased Ehsanul Huq @ Tunu and Ekhlasuddin's nephew P.W. 2 BM Sukur Ali @ Pilu started on a motor‑cycle for Jessore from their village home at Bendarchar, Police Station Kalia, District Narail on 11.6.85 at about 6‑45 AM. Deceased Ekhlasuddin had s......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 ..

Category: Criminal Law | Date: | Hits: 60

New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)

....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......me Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16,..

Category: Banking Law | Date: | Hits: 142

Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)

.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ...... ATM Afzal J Mustafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January ..

Category: Property Law | Date: | Hits: 63

Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)

....s forcible possession, broke through the door, killed Majitunnessa wife of P.W. 12 with a dao and injured the informant’s wife. 2. After investigating the case of P.W. 1 the Sub‑Inspector of Police, Nalchity, submitted a final report on August 14, 1981. On the same day he lod......yers Involved: Abdul Malek, Sr. Advocate, (Zamiruddin Ahmed, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik Advocate-on-Record-For the Respondent. Criminal Appeal No. ......nbsp;                  MH Rahman J.- On June 5, 1981 P.W. 1 Nur Mohammad lodged an information in the Nalchity Police Station, alleging, inter alia, that while he and his elder brother P.W. 12 Abdul Mannan were......nted in connection with any other case.               Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ..

Category: Criminal Law | Date: | Hits: 40