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Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ................ Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. The Appellant himself knew at the time of appointment to the cadre of E.P.C.S. class II officers from the parent department that he was being..Category: Employment/Service Law | Date: | Hits: 105
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... law in upholding the conviction and sentence of the appellant on the basis of the evidence of only one eye‑witness PW 2 Rowshan Ara @ Mina which was not corroborated and substantiated by any independent disinterested witness, that the High Court Division did not give sufficient importance ...... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 58
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....leave the house, go by a bus to a place which is 15/16 miles away from home unless he k taken by his elderly associates and adult boys as in the present case. The deceased being a minor boy his going independently is doubtful and I consider this minority of the boy to be another factor by which the ...... 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. ..Category: Criminal Law | Date: | Hits: 38
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....fore dealing with the proceeding on merits." 7. The respondents, on the other hand, contend that section 5 of the Limitation Act itself does not postulate making of a separate and independent application for condonation of delay. In support of this contention they have cited Cho......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. ..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. ......he first party-appellant alleged breach of peace over possession thereof by the second party-respondent and prayed for drawing up a proceeding under section 145 of the Code, for attachment and for appointment of a receiver. It should be noted that the appellant described the case land in terms o..Category: Criminal Law | Date: | Hits: 54
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....tantial evidence could have been left out on consideration, if they would have been contrary evidence in support of the defence plea. The falsity of the story of illness and the GD Entry are also two independent circumstances which the learned Judges of the High Court Division did not at all conside......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. ..Category: Criminal Law | Date: | Hits: 49
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....oration's authority to transfer him taking the ground that though the Nishat Jute Mills was a nationalised enterprise placed under the Corporation, yet the enterprise retained its separate entity and independent character as a company incorporated under the Companies, Act, that employees of the ......der them. A Corporation has been empowered under P.O. 27 of 1972 to appoint officers, consultants and advisers, auditors and employees for efficient performance' of its functions. But so far as the appointment, dismissal and terms and conditions of services of employees of nationalised enterpris..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....e evidence took the view that neither the deceased nor P.Ws. 5 and 6 could recognize the assailants and that the two alleged statements of the deceased (Exts.2 and 3) had not been corroborated by independent witnesses and circumstances and probabilities. Accordingly he acquitted the respondent......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ..Category: Criminal Law | Date: | Hits: 53
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ...... is the petitioner. She is challenging an order of the High Court Division dated 3 September 1986 setting aside an order of the Executing Court, namely the Subordinate Judge, who had directed the appointment of an Advocate Commissioner to ascertain the value of a part of her building for payme..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Yakub Sardar & ors, 1988, 17 CLC (AD)
.... erroneous view of law, the only course for the Sessions Judge was to direct further enquiry under section 436 Cr.P.C. This section has remained unaffected by the recent amendment and this power is independent of the power under S. 439A. The revisional power of the Sessions Judge under S. 439A, as......High Court Division is set aside and it is directed that further enquiry be made into the complaint of C.R. Case No. 420 of 1980. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 246. ..Category: Criminal Law | Date: | Hits: 75
Nurul Islam alias Bablu Vs. The State, 1988, 17 CLC (AD)
....nce before the High Court Division (Jessore) and the same was admitted on 5.5.87. The prayer for bail of the accused persons pending appeal was refused. The appellant then alone prayed for bail by an independent application making out a special case for bail, inter alia, on the ground that he was a ...... appellant's bail is confirmed and the appeal is allowed. He will continue on the same bail till the disposal of the aforesaid appeal. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 244 ..Category: Criminal Law | Date: | Hits: 56
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....o importance to the submission of the learned Advocate. Lastly, Mr. Fazlul Karim argued that it was unsafe to convict the appellants on the sole testimony of a single interested witness without any independent corroboration. There is little substance in this submission also, because, besides other......e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ..Category: Criminal Law | Date: | Hits: 32
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....clause (c) when committed in pursuance of a conspiracy or in the course of the same transaction, will fall within the ambit of sub-section (4) of section 195 including their abetments or attempts independent of the dates of their commissions. 12. The main ingredient of the prohibitory provi......ument is produced or given in evidence in such proceeding. Thus the view taken by the High Court Division is found to be not correct Ed. This Case is also Reported in : 40 DLR (AD) (1988) 226 ..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....ious defect in the process by which the finding has been arrived at Where such defect is discovered and the finding is not considered tenable, then it should be open to the Court to come to its own independent finding upon a re-examination of the evidence untrammelled by the opinions of the Cour......ntence is set aside and he is acquitted of the charge. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 216 ..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....e President for the release of the property but her prayer was rejected on 4th February, 1985. 49. The appellant's case is that the respondent was a citizen of Pakistan when Bangladesh became an independent country, and when the President's Order No.16 of 1972 came into force; that the respon......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....in Ahmed, JJ; I concur with the judgment of Shahabuddin Ahmed, J. Order of the Court By majority decision the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 69 ......ge-sheet they have been shown as absconding. 13. The learned Counsel for the appellants produced before us a government Notification of the Ministry of Home Affairs dated 25 April 1980 showing the appointment of a Commission of Inquiry for the purpose of making an inquiry into allegations about t..Category: Criminal Law | Date: | Hits: 46
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
...... quotation". Similar letters were also addressed to 5 other bidders whose earlier offers like that of the appellant were found valid but were lower than his offer on that day, 6 December 1986. By the appointment date and time the appellant submitted a fresh tender on cash basis raising the amount to..
Category: Business or Commercial Law | Date: | Hits: 95
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ......ithout issuing any show cause notice upon the defendent-appellants. 2. Respondent No. 1 instituted a suit for partition on 30th March, 1986. On the following day he filed two applications, one for appointment of a receiver, and another for appointment of a Commissioner for making an inventory of ..Category: Civil Law | Date: | Hits: 94
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
..... Reading the disqualification clause in section 6 as a whole we are of the view that the pecuniary interest as referred to is an interest of any kind whether it is in connection with the contract or independent of it, for the law provides that a person having any pecuniary interest in the affairs o......rents were naturalized British subjects and disqualified to be so appointed under the Naturalization Act, 1870, read with section 3 of the Act of Settlement, 1700. The contention was accepted and the appointments were declared invalid. In the case of Farzand Ali v. Province of West Pakistan, PLD 197..Category: Election Law | Date: | Hits: 132
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....er (1966) therefore continued in force automatically as Rule 182 continued in force, there having been no necessity for a separate legislation for this purpose. After emergence of Bangladesh as an independent State, Ordinance No. 1 of 1969 was repealed by Act XLV of 1974 namely, the Enemy Proper...... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
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