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Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)

....the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ......, 476; Prov. of E. Pak. Vs. The Secretary Muktagacha Abbasia Senior Madrassa, 16 DLR (SC) page 281. Lawyers Involved: Syed Shamsur Rahman, Advocate— For the Petition. M.A. Wahab, Assistant Attorney General— For the Opposite Party. Civil Revision No. 806 of 1979. ..

Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7

Jamsed & others Vs. Abdus Samad & others, 1892, 11 CLC (HCD)

.... dis­posing criminal appeals in the light of the ob­servations made in this judgment. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 68.       ...... have been substituted as "District Magis­trates". Previously, under section 407(b)(2) Cr.P.C. the appeals from Magistrate were dis­posed of by the Additional Sessions Judges or any Assistant Sessions Judge of the Sessions Division. Now after this second amendment, this appellate p..

Category: Criminal Law, Procedural Law | Date: 1 Dec, 1982 | Hits: 1

Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)

....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70.     ......s made absolute. Lawyers Involved: Majibur Rahman, Advocate— For the Peti­tioner. Shehabullah, Advocate— For the Com­plainant-Opposite Party No.2. AFM Shahid, Assistant Attorney Gen­eral— For the State. Criminal Revision No. 40(c) of 1982. ..

Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1

Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)

....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65.   ...... In this connection it may be mentioned that under Section 26 of the Special Powers Act a Special Tribunal is constituted invaria­bly by a Session Judge or an Additional Ses­sion Judge, or an Assistant Sessions Judge or a First Class Magistrate, as the case may be, who are invariably crimina..

Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8

Nurul Islam Vs. The State, 1892, 11 CLC (HCD)

....ivisional Magistrate, Madaripur continue in respect of the accused Ashit Aaron Saha and be disposed of expeditiously. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 33.   ...... by a different Tribunal. Nor is he be­ing 'tried under a separate rule of evidence. We have examined the records of the case and have found that the same witness. P.W.3 Ali Azam Khan who was Assistant Executive (Distribution) of the T.C.B. at Chittagong at the relevant time and who in his e..

Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18.   ......1952) SCR (India) 377; Momtaz Ahmed Khan Vs. The State 19 DLR (SC) 259 (265).   Lawyers Involved: Md. Fazlul Karim, Advocate— For the Appel­lants. Kazi Safiuddin Ahmed, Assistant Attor­ney General—For the State. Judgment Mohammed Habibur Rahman J. &..

Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1

Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)

....all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157     ...... alleged that the enquiry was fair and impartial. 5. Mr. Mainul Hosein with Mr. Md. Joynul Abedin, the learned Advocates appeared on behalf of the petitioner and Mr. Kazi Shafiuddin, the learned Assistant Attorney General appeared on behalf of the respondents. Mr. Mainul Hosein, the learned Adv..

Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

....the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7.   ......r the law was ever served upon the peti­tioners by the government which is a violation of the rule of audi alteram partem. The petitioners were in possession of the garden in 1975 and the learned Assistant Attorney General had no answer as to how the government could re-enter and take possession..

Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2

Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

....nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ...... my own. We have felt obliged to take notice of aerie in facts that came to light in course of hearing of this matter and also from the Government file that was produced before us by the learned Assistant Attorney General. 2. The petitioner in the Rule have although maintained that they ha..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

.... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......969 SC 118; Shahabuddin Vs. Pakistan PLD 1957 Karachi 854. Lawyers Involved: Abdur Rab Chowdhury, Advocate- For the Petitioners Sohrab Ali, Deputy Attorney General, with M.M. Huq, Assistant Attorney General-For respondent 1  M.L. Bhowmik, Advocate-For the respondent No...

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Dr. Abu Ahmed Chowdhury Vs. Bangladesh represen¬ted by the Secretary of the Ministry of Health and Population Control and others, 1981, 10 CLC (HCD)

....hority. In the facts and circumstances of the case there will be no order as to costs. Ed. Sultan Hossain Khan J.—I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 21 ......tiring the petitioner was valid and issued with lawful authority. 4. Syed Ishtiaq Ahmed with Mr. Mahmudul Islam, the learned advocates appeared on behalf of the petitioner and M.M. Haque learned Assistant Attorney General appeared on behalf of the respondent No. 1 Syed Ishtiaq Ahmed, learned Ad..

Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1

Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)

.... ob­servation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ...... Development Corporation hereinafter referred to as B.A.D.C. 2. Facts in short are that while the peti­tioner was working as Clerk-cum-Store Keeper in B.A.D.C., Bhola Zone-I, Bhola, Barisal, Assistant Engineer of B.A.D.C., Bhola Zone, by a letter dated 23-12-77 issued a charge sheet against..

Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2

Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)

....ence pas­sed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16   ......complainant party arrested accused Fazir. After about half an hour P.W.3 Nazrul islam came to the place of occurrence with the police and found the dead body of Matiar Rahman. P.W.11 Dr. M.A. Sattar, Assistant Surgeon, Dinajpur Sadar Hospital held post mortem examination on the dead body of Matiar R..

Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407   ......o the policy decision. The order of requisition has been passed in clear violation of a declared Government policy and cannot be said to serve a public purpose. 30. Both Mr. M. M. Hoque, learned Assistant Attorney General appearing for the requisitioning authority and Mr. Syed Ishtiaq Ahmed, le..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....1.7.80 was done without lawful authority. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 34   ......456; Management Board Vs. Shaha Golam Nabi and others (27 DLR (AD) 156); Mritun Joy Paul Vs. Province of East Pakistan (PLD 1963 Dac 754); Sind Industrial Trading Estate Ltd. Vs. First Assistant Judge, Hyderabad, W.P. (PLD 1960 Kar 826); Sabir Ahmed Chowdhury Vs. The Province of ..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)

....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......nstructed by B.C. Panday, Advocate-on-Record— For the Appellant Fazlul Karim, Sr. Advocate, instructed by Aftab Hossain, Advocate-on-Record, for respondents 1-4, B. Hossain, Assistant Attorney General, instructed by Zinnur Ahmed, Advocate-on-Record—For respondent..

Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0

Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree.   This Case is also Reported in: 34 DLR (HCD) (1982) 32 ......p;(5) Lawyers Involved: M. A. Rashid for B. B. Roy Chowdhury—For the Appellant. Mazzem Hossain, Deputy Attorney General—At the request of the Court. A.Y. Salimuzzaman, Assistant Attorney General—For the Respondent. Appeal from Original Order No. 3 of 1973 ..

Category: Procedural Law | Date: 5 May, 1981 | Hits: 2

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ......r Rahman Vs. King Emperor (1) decided by the Federal Court of India. In that case the question of sanction under section 197 Cr.P.C. for prosecuting two police officers, one Sub-Inspector and another Assistant Sub-Inspector, of the Province of Bihar was involved. It was held that as the police offi&..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1

Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)

....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ...... question of availing statutory alternative remedy does not arise…………. (25) Lawyers Involved: Abdus Sobhan, Additional Attorney General, with Matiur Rahman, Assistant Attorney General, instructed by B. Hossain, Advocate-on-Record— For the Appella..

Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0

Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140   ...... giving direction to reinstate him in the posts held by him in the Institute. 4. Facts disclosed in the petition traced his career since he joined the service of the Government of East Bengal as Assistant Surgeon in 1952 till he became the Director of the Institute in 1972. After getting severa..

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6