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Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
.... previous enmity. P.W.2 Jaj Mia could not in fact recognize any accused in the night of occurrence by hurricane light. The defence has also pleaded alibi with regard to appellant Seraj Mia who at the time of alleged occurrence was at his shop at Kamarganj Bazar. 4. In this case, prosecution exam......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..Category: Criminal Law | Date: | Hits: 49
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
.... power, in the words of VR Krishna Iyer, J in the case of State of Punjab vs. Gurdial Singh, AIR 1980 (SC) 319 is as follows: "Pithily put, bad faith which invalidates the exercise of power‑sometimes called colourable exercise or fraud on power and often‑times overlaps motives, passions and ......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
....walking out of the House first and then resorting to boycott of the Parliament. 2. Being first of its kind, it is necessary to begin from the beginning. Article 106 reads thus: 106. If at any time it appears to the President that a question of law has arisen, or is likely to arise, which is ...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....is activities were prejudicial to the public safety of the country and hence he was required to be detained under the Special Powers Act, 1974, subsequently the Government extended the detention from time to time. 2. Having found a nexus between the order of detention and the grounds of detention......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ..Category: Criminal Law | Date: | Hits: 75
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....e subsequently executed a Power of Attorney in favour of one Md. Abdul Gafur who sold the suit land to one Nurul Huda on 26.7‑1951 by a registered deed, that Nurul Huda being a minor at that time his grandfather Eshaque Miah made the purchase in his name and used to possess the suit land w......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ..Category: Property Law | Date: | Hits: 47
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....991 to manage, sell or otherwise dispose of the property of their father. On the same day Mr. Chowdhury cancelled the power of attorney by a Memorandum, authenticated by a notary public. In the meantime, the appellant transferred some shares of a Company, subject matter of the alleged Trust, in ......H Rahman CJ: The appellant filed a miscellaneous case under section 74 of the Trusts Act, 1882, FMA No. 74 of 1992 before the Court of Additional District Judge, First Court Dhaka, praying for his appointment as a trustee of a Trust created by his father, Hamidul Huq Chowdhury, or in the alterna..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
.... compensation by a letter dated 28.3.91 and appellant too by a letter informed the plaintiff that his claim was under active consideration of the authority. The appellant remained silent for a long time which prompted the plaintiff to issue a lawyer's notice on 10. 11.91, but the appellant withou......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....ife. On Thursday the 14th May, 1987 at about 3‑00 AM he along with his wife went out for clearing the jungle situated at the end of Block‑B of the garden for jhoom cultivation. At that time his wife was walking ahead of him. In that position, the accused hit his wife with a dao from ......prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Chairman of the Corporation subject to the fulfillment of the conditions of the Rules of the Corporation. The Corporation, respondent No.3, informed respondent No. I that the appellant was at that time working as a Director and, as such, it would not be reasonable to appoint him, one step below,......inted as a Director of the Bangladesh Oil, Gas and Minerals Corporation (respondent No.3), in brief, the BOGMC, with effect from 1 January, 1989 on a contract basis for a period of three years. The appointment was made under section 6(l) of the Bangladesh Oil, Gas and Minerals Corporation Ordinan..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....dent‑Government filed appeal against the ex parte decree in the Court of the District Judge, Dhaka being Title Appeal No.176 of 1986 which was once dismissed for default on 30.8.1987. At the time of hearing of this appeal the learned Advocate for the appellant informed the Court that the s......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....formed in writing the grounds on which it is proposed to take action and he was afforded adequate opportunity to defend himself. (2) The officer or employee shall be allowed seven days' time from the date of receipt of the charge to put in a written explanation of his defence and to ......nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
.... Bangladesh Road Transport Corporation, removing petitioner‑respondent No. 1 from service to be without lawful authority and of no legal effect. 2. Respondent No. 1 who at the relevant time was the Manager (Technical) Bangladesh Road Transport Corporation. Training Institute, Joydebp....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ..Category: Employment/Service Law | Date: | Hits: 101
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....against the Public Prosecutor is totally baseless, he further contends. Mr. Wahidullah also contends that it is the duty of' a State Lawyer to Oppose transfer of a criminal case pending for a long time, and in which the date for examination of witnesses has been fixed. 5. As to the meri...... Public Prosecutor. As has been indicated above, the apprehension is groundless, and if the informant thinks proper he may approach the appropriate authorities, such as the Deputy Commissioner, for appointment of some other Public Prosecutor or Assistant Public Prosecutor for conducting the case...Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
.... investigation report which amount to a final report that the Assistant Superintendent of Police Criminal Investigation Department, was out to prove that Mukhlesur Rahman was in hospital at the time when the occurrence took place. This shows that the Assistant Superintendent of Police Crimin......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....5.12.92. It has been alleged in the writ petition that there developed a resistance among the vested interest against the detenu and they started discriminating him on the ground of religion and a sentiment was created against him because be was a member of the minority community. 4. On 20.3.93 w...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....ve hardship on the appellant. 2. Plaintiff‑respondent is a Bangladeshi businessman residing in London where he acquired a residential house and usually resides there. At the relevant time, in the 'seventies' he had a partnership business with one Asgar Hossain Khondkar who resides ......cumstances that existed at the time the contract was made. The appellant was perfectly aware of the consequence of the agreement he made when he had decided to leave this country in view of his disappointment caused by 'injustice' done to him by the authorities treating him as a collaborator and..Category: Property Law | Date: | Hits: 69
Haider Ali Khan vs. State, 1995, 24 CLC (AD)
.... Court nor before the High Court Division, this point was raised disputing the jurisdiction of the learned Magistrate. The petitioner will not be permitted to raise the question here for the first time. Further, the learned Advocate admits that section 448 was not triable by the Village Court. ......ass the order of conviction and sentence. 5. There is no substance in this petition which is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 47 ..Category: Criminal Law | Date: | Hits: 74
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....) and gift of usufruct, ariyal in Muslim Law, stemming from some basic distinctions between the concept of property in English law and Muslim Law. Where corpus of the property is transferred for life time and the conditions are attached thereto, the gift is valid but the conditions are void. However......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....marily rejecting the appellants' Writ Petition No.1997 of 1993. 2. The appellants' case, in brief, is that they are brother and sister. Their parents were married on 30.6.61 at Bogra. At the time of marriage their mother Syeda Begum was serving as an Inspector of Customs and Excise and the...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....ided that the dispute would be finally settled after the return of the respondent from London where he was to go in connection with some business. He returned from London on 31.8.92 and in the meantime she had left for her father's house at Sylhet for better treatment. The respondent, however, r......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ..Category: Criminal Law | Date: | Hits: 64
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