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Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
.... 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 ......al) Present: M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Saidur Rahman Neuton and others……...........Accused-Appellants Vs. State………….Respondent Judgment January 5th, 19......nd others……...........Accused-Appellants Vs. State………….Respondent Judgment January 5th, 1993. Cases Referred to- Abdul Khaleque and others Vs. State 12 DLR (SC) 165; 19 DLR (SC) 259 & Rameshwar Vs. State of ...... 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 ..Category: Criminal Law | Date: | Hits: 66
Abdus Sattar (Md) Vs. Bangladesh, 1993, 22 CLC (AD)
.... Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdus Sattar (Md) ............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law & Justice, Government of the Pe......esent: Shahabuddin Ahmed CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdus Sattar (Md) ............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Law & Justice, Government......of Law & Justice, Government of the People's Republic of Bangladesh and others..............................Respondents Judgment March 31, 1993. Lawyers Involved: Abdul Matin Khasru, Advocate (appeared with leave of the Court), instructed by Md. Nawab Ali, Advo......ty of being elected for three consecutive terms. 6. We find no merit in the petition. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 65 ..Category: Constitutional Law | Date: | Hits: 150
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
.... on 27.3.91 against the judgment and order of the High Court Division, but during the pendency of the appeal all commercial activities of the appellant- Bank BCCI were stopped by the Government of Bangladesh with effect from 20.8.91 in exercise of powers under section 77(2) of the Banking Compan...... Mustafa Kamal J Latifur Rahman J. Bank of Credit and Commerce (Overseas) Limited now Eastern Bank Ltd ..............Appellant Vs. Tajul Islam Chowdhury and another…………….......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ......s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....t (Union Parishads) Ordinance, 1983 and the rules framed thereunder, called Union Parishads Election Rules 1983. The Election Commission is a body constituted under Article 118 of the Constitution of Bangladesh. Article 119(1) of the Constitution describes the functions of the Election Commission re......Division (Civil) 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 .......the Respondent No. 1 (In Civil Appeal No. 56 of 1992). Not represented-Respondent Nos. 2‑9: (In Civil Appeal No. 56 of 1992). Not represented- Respondents (In Civil Appeal No. 57 of 1992). Abdul Quayum, Advocate (appeared with leave of the Court), instructed by Md. Aftab Hossain, Advocate......, Additional Attorney General, (B Hossain, Deputy Attorney-General, with him), instructed by Sharifuddin Chaklader, Advocate-on-ÂRecord-For the Appellant (In Civil Appeal Nos. 53 to 57 of 92). MA Wahab Miah, Advocate, instructed by Sharifuddin Chaklader, Advocate-Âon-Record-For the Appellant (I..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....ake cognizance of the offence under the Prevention of Corruption Act punishable under section 5(2) of the Act 11 of 1947. In State represented by the Solicitor, Government of the People's Republic of Bangladesh Vs. Divisional Special Judge, Khulna Division and another 44 DLR (AD) 215 this Court reâ€.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitioner [Criminal Petition No. 121 of 1992] Abdul Wadud Khan .... Petitioner [Criminal Petition No. 122 of 1992] Vs. State…………. Respondent [In all Petitions] Judgment November 26, 1992. Lawyers......iminal Petition No. 1 19 of 1992] Md. Shahinur Islam and another.........Petitioners [Criminal Petition No. 120 of 1992] M M Rahmatullah .... Petitioner [Criminal Petition No. 121 of 1992] Abdul Wadud Khan .... Petitioner [Criminal Petition No. 122 of 1992] Vs. State…………. R......e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ..Category: Anti-Corruption Laws | Date: | Hits: 302
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....ate Division (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. ......upreme Court Appellate Division (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 Jan......pellant. AW Bhuiyan, Additional Attorney‑General, (B. Hossain, Deputy Attorney-General, with him), instructed by Zinnur Ahmed, Advocate-on -Record -For the Respondent No. 1. Miah Abdul Gafur, Advocate-on-Record -For the Respondent No. 2. Civil Appeal No. 25 of 1992. ......he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ..Category: Administrative Law | Date: | Hits: 125
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....dlock. The wife is the owner of the' ‘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 h......Appellant vs. Mrs. Hameeda Banu..................Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All 517(519); Hine Vs. Hine [1962...... vs. Mrs. Hameeda Banu..................Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All 517(519); Hine Vs. Hine [1962] 3 All. ......Seing Mating VEA Chettyar Firm, 14 ILR (Rangoon) 87 (91); Mammunhi Vs Kunhibi AIR 1961 Kerala 147; AIR 1961 Kerala 147. Lawyers Involved: TH Khan, Senior Advocate (Mr. AM Wahab Miah, Advocate with him) instructed by Mr. Aftab Hossain, Advocate-on-Record -For the Appella..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....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 ......; Vs. Momtaz Begum and others...................................Respondents Judgment ......ta Vs. Jitendra Chandra Sen AIR 1960 Assam III & Begum Vs. Seth Dooli Chand (1909) 2 IC 266. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Meah Abdul Gafur, Advocate - on-Record -For the Appellant. Nurul Huq, Senior Advocate, instructe......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 ..Category: Property Law | Date: | Hits: 81
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....il) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J. Giasuddin Bhuiyan (Md)...................Appellant Vs. Chairman, Bangladesh Power Development Board & others................ Respondents Judgment A...... Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J. Giasuddin Bhuiyan (Md)...................Appellant Vs. Chairman, Bangladesh Power Development Board & others................ Respondents ...... 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 ..Category: Criminal Law | Date: | Hits: 71
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ......resent: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Islam Ali Mia alias Md. Islam .....................Appellant Vs. Amal Chandra Mondal and another.......................... Respon...... 1st, 1992 Lawyers Involved: Md. Joynal Abedin, Advocate, instructed by Md. Aftab Hossain Advocate-on-Record- For the Appellant. M Amirul Islam, Senior Advocate, instructed by Abdul Baset Majumder, Advocate-on-Record- For Respondent No. 1. B Hossain, Advocate-on......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ..Category: Criminal Law | Date: | Hits: 43
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....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 ......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 ......AD) (1993) 26 ......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 ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....ported in: 45 DLR (AD) (1993) 23 ...... Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Latifur Rahman J Government of Bangladesh .............................Appellant. Vs. Shakhipur Islamia High School....................................Respondent Judgm......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....What I find is that it is neither a case of mis-joinder of charges nor a case of trial without jurisdiction. The offence allegedly committed by the respondent is the offence of smuggling of gold into Bangladesh. Smuggling particularly of gold has been defined in the Special Powers Act and this defin....... ......nt. In cross‑examination he stated that he found the respondent to write the statement on being dictated by a Customs Officer. He (P.W. 5) put his signature in the said statement (Ext. 2/2). P.W. 6 Abdul Mannaf, a loader of the Bangladesh Biman, is another witness in the seizure list and the writt......0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ..Category: Criminal Law | Date: | Hits: 132
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....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. ...... Syed A. B. Mahmud Husain J Muhammad Abdullah Jabir J Abdul Hamid Kazi…………………………….Appellant Vs. Abdul Jabbar Jamadar and others…………………&...... costs. Ed. ......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. ..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ...... J Begum Asia Rahman………………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others…………………&......egum Asia Rahman………………………………………………….. Appellant Vs. Abdul Bashir Bhuiyan and others……………………&hel......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....t: Sayem CJ AB Mahmud Husain J Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another ………………………&hel...... Present: Sayem CJ AB Mahmud Husain J Abdullah Jabir J Ahsanuddin Chowdhury J Kazi Mukhlesur Rahman.........................Appellant Vs. Bangladesh and another ……………………&......fies judicial intervention." ......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......(Criminal) Present: A M Sayem CJ A B Mahmud Husain J Ahsanuddin Chowdhury J Begum Hamida w/o Abdul Hamid…............................Appellant. Vs. Abdul Hamid………………………&hell......ed. Ed. ......tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
.... Ed. ...... A.M. Sayem CJ A.B. Mahmud Hussain J Abdullah Jabir J Solicitor, Government of Bangladesh……………………..Appellant Vs. A.T. Mridha ………………………&hel......e No. 264 of 1972 and 13 of 1973 are set aside Ed. ......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ..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 (Special Tribunals) Order, 1972 (hereinafter referred to as the Collaborat......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. ......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. ......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. ..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
.... 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. 8 of 1972. i.e., the Bangladesh Collaborators (Special Tribunal Order, 1972 (hereinafter referred to as the Collabo...... Division (Criminal) Present: A. M. Sayem CJ A. B. Mahmud Husain J A.K.M. Fazlul Hoque & others...........................................Petitioners Vs. State....................Respondent Judgment August 22, 1973. Law......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. ......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. ..Category: Criminal Law | Date: | Hits: 53
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