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

....ourt Division. Besides, the misplacement of records is not at all covered under sub-rule (7) of Rule 10 which reads as follows: "(7) The period for which either the accused or the Inquiry Officer falls sick or otherwise incapacitated to continue with the proceedings shall be ex......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. ..

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. ..

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. ......fiqul Islam @ Rafique son of Mokbul Mia passed by the High Court Division, Comilla Bench in Criminal Appeal No. 25 of 1983, setting aside the judgment of conviction and sentence passed in Sessions Case No. 23 of 1979 by the Additional Sessions Judge, second Court, Comilla. The death Reference No..

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. ......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. ..

Category: Property Law | Date: | Hits: 25

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

.... 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. ...... accused in a proceeding under sections 406/420/4671468/471/109 of the Penal Code now pending in the Court of the Chief Metropolitan Magistrate, Dhaka. The proceeding has arisen out of Sutrapur PS Case No. 34 (8)/87 in which charge-sheet dated 13.12.87 under the aforesaid sections has already be..

Category: Criminal Law | Date: | Hits: 57

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

.... 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. ......nts either murdered or abetted the commission of murder of the deceased boy. 29. As already indicated in the beginning, the facts of the present case are very much similar to that of the 11 DLR Case. That the circumstances of that case as in the present can never be said to be conclusive as to..

Category: Criminal Law | Date: | Hits: 38

Modern Shipping Agencies Vs. Central Inland Water Trans­port Corpn. Ltd. & anr, 1991, 20 CLC (AD)

....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......ellip;..........Plaintiff-Appellant Vs. Central Inland Water Trans­port Corporation Limited and another......... Defendant-Respondents Judgment March 24 1991. Cases Referred to- Mian Kamal Din Vs. Malik Muhammad Bashir PLD 1952 Lahore 456; Ahsan Ali ..

Category: Procedural Law | Date: | Hits: 104

Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)

.... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ......ion Bench of the High Court Division, Dhaka dated 7.3.91 passed in Criminal Revision No. 165 of 1988 quashing the judgment and order dated 25.6.88 passed by the Metropolitan Magistrate, Dhaka in P Case No. 383 of 1987 under section 561A of the Code. 2. Claiming by a petition dated 1.9.87 ..

Category: Criminal Law | Date: | Hits: 54

Abdur Rahim @ ANM Abdur Rahim Vs. Enamul Huq and another, 1991, 20 CLC (AD)

....it develops into an infectious practice we like to nip this unhealthy trend in the bud.            The petition is dismissed. Ed. ......Division Bench of the High Court Division, Dhaka by the impugned judgment summarily rejected the accused-petitioner's application under section 561A Cr.P.C. for quashing the proceeding of Criminal Case No. 22(CR) of 1991 under sections 406 and 420 of the Penal Code pending against the accused-pe..

Category: Criminal Law | Date: | Hits: 34

Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)

.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ...... The defence case was that the appellants have been falsely implicated in this case out of several litigations. 3. On being convicted by the Additional Sessions Judge, Rajshahi in Sessions Case No. 91 of 1987 as mentioned above, an appeal was preferred before the High Court Division wit..

Category: Criminal Law | Date: | Hits: 37

Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)

....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......ls) - For the Respondents. Civil Appeal Nos. 19 and 20 of 1990. (From the judgment and order dated 9.2.1989 passed by the High Court Division, Barisal Bench, Barisal in Civil Revision Case Nos. 103 and 104 of 1982) Judgment:         &n..

Category: Property Law | Date: | Hits: 31

Muzaffar Ali and other Vs. Government of Bangla­desh and another, 1991, 20 CLC (AD)

....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ...... 7. The appellants, however, to their surprise received the memo dated 28.2.85 (Annexure M) by which the Government set aside the order passed by the ADC (Rev.) Dhaka on 9.10.79 in Exchange Case No. 21/77-78 and the order dated 17.6.84 passed in Misc. Case No. 25/84. It meant that the dee..

Category: Property Law | Date: | Hits: 36

Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)

....sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 28

Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)

.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ...... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)

....ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ......tion of section 151 CPC would have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 105

Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)

.... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ......hittagong........................Defendant-Appellant Vs. Most. Sharifjan Bibi and others.......................Plaintiff –Respondents Judgment June 24, 1990. Cases Referred to- ALN Satnappa Chetti & ors Vs. Thayyanyaki Ammal, AIR 1942 Mad. 698; A..

Category: Civil Law | Date: | Hits: 99

Quazi Nowab Faruque & another Vs. Abdul Latif Bhuiyan & others, 1991, 20 CLC (AD)

....revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ......revision case wherein their prayer for injunction will be considered on merit. In the result, the appeal is disposed of with observation as above without any order as to cost. Ed. ..

Category: Civil Law | Date: | Hits: 91

The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)

....year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ......nt to parent’s house of deceased Halima Khatun and informed that Halima Khatun was seriously ill and in tile following morning accused Mujibur Rahman went to Shibganj Police Station and lodged a UD Case being UD Case No. 25 of 1981 on 1.8.81 to the effect that Halima had a quarrel with her husband..

Category: Criminal Law | Date: | Hits: 49

Nurul Islam and others Vs. The State, 1990, 19 CLC (AD)

....benefit of doubt and they are acquitted. Accordingly, the appeal is allowed and the order of conviction and sentence is set aside. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 6. ......al in Criminal Appeal No. 65 of 1985. 2. The seven appellants along with others were put on trial in an offence under sections 302/34 of the Penal Code before the Sessions Judge, Bhola in Sessions Case No. 19 of 1984. The Sessions Judge convicted fourteen accused including the seven appellants un..

Category: Criminal Law | Date: | Hits: 51

Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)

....trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ......ciplinary action including power to transfer now stand beyond question. So judgement of the High Court Division is set-aside and of the trial court dismissing the suit is restored……….(9 & 10) Cases Referred to- Bangladesh Jute Mill Corporation Vs. Golam Moula Ahsan Chowdhury, 1985 BLD (AD..

Category: Employment/Service Law | Date: | Hits: 143