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Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
.... rent for the same upto January 1973 to the said Afaq Ahmed Khan. During liberation war, Afaq Ahmed Khan had to shift himself along with other family members from his said Dhanmondi House to other places in Dhaka City for the safety of their lives. Afaq Ahmed Khan on being retired from governme......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
Abdur Rahman and others Vs. State, 1999, 28 CLC (AD)
....and sentence passed against the appellants are not sustainable in law. Consequently, the appeal is allowed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 33. ...... of its case 5. The defence case was that the informant Gouri Rani Das, a woman of easy virtue, borrowed an amount of Taka 1,000.00 from accused Abdur Rahman and on the date of the alleged occurrence Abdur Rahman demanded repayment of the money but Gouri Rani Das misbehaved with him, as ..Category: Criminal Law | Date: | Hits: 76
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......by the appellant Billal and co-convict Saiful from his residence half an hour before his murder, subsequent recovery of his deadbody and appellant’s love and threat to PW 2 Mokseda before the occurrence and abscondence of Billal immediately after the occurrence and his arrest about one yea..Category: Criminal Law | Date: | Hits: 58
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
.... infringement of their independence. 56. We shall now consider Article I 16A of the Constitution. It is interesting to note that the Constitution uses a common expression of independence in three places. Article 94(4) of the Constitution says: “Subject to the provisions of the Consti......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......ons of the deceased rushed to Raghunathpur Bazar to rescue the victim. At this the accused persons chased the witnesses whereupon the informant and other witnesses hid themselves and saw the entire occurrence. The accused persons carried deceased Hafizuddin Sarker to the bank of river Dugange an..Category: Criminal Law | Date: | Hits: 61
....t directly in any matter except the contractor himself or his authorised representative.
16. The contractor will have to remain personally present or keep his authorised supervisor in the working places during the whole working time for proper supervision and smooth running of the works.
17.......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
..
Category: Labour and Industrial Law | Date: | Hits: 163
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......ny of the accused-petitioners during the first TI parade. In the second TI parade and the third TI parade the informant identified four accused persons. This TI parade was held 9 months after the occurrence and the petitioners were convicted solely on the ground of such identification which is..Category: Criminal Law | Date: | Hits: 92
Sorbesh Ali and anr. Vs. Jarina Begum and anr., 1997, 26 CLC (AD)
.... his submissions were not considered by the learned Judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 143 ......admissible in law. As to the recognition of the accused, there were other witnesses besides the victim girl and the Courts below have believed their testimony. The learned Magistrate found that the occurrence of rape was proved but he found it improbable that four persons would commit rape one af..Category: Criminal Law | Date: | Hits: 53
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
....wer to hold the sitting of a particular criminal case at a particular place forsaking the usual place of sitting of the court of Sessions and, secondly, a Court of Sessions cannot have two sitting places at the same time. The writ petition was dismissed summarily by a Division Bench of the High ...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ..Category: Constitutional Law | Date: | Hits: 179
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ......hould hear and dispose of the appeal. We shall therefore briefly refer to the essential facts of the case and indicate the reasons more fully for the observations made before. 3. The alleged occurrence took place at the Heulibunia Government Primary School Poling Centre on 10-2-88 when the..Category: Criminal Law | Date: | Hits: 77
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ...... আমার স্ত্রীর" It will be sufficient to observe at this stage that that there is nothing on record except that alleged statement of a co-accused that the real planning for the occurrence was done by the respondent. Even the alleged confession belies the alleged statement. Wit..Category: Criminal Law | Date: | Hits: 115
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......e instant writ petition in the High Court Division, he also moved an analogous writ petition earlier, namely, Writ Petition No. 721 of 1994 in which the writ petitioner was a different person, the occurrence was different and the trial was also held by different Special Tribunal, but the point o..Category: Criminal Law | Date: | Hits: 98
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
.... Act. 8. M Syed Abdur Rahim learned Counsel for the respondent-Bank, in re-reading the appellant’s representation dated 20-12-86 points out that the appellant himself stated variously at various places in the said representation that the claims that he was putting forward were in terms of the j......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ..Category: Administrative Law | Date: | Hits: 131
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....h Court Division was at least wrong in holding that the appellant cannot take recourse to section 5 (1) of the Act for realisation of loan and it has to proceed only under article 27. Yes, at some places of the impugned judgment, the impression has been given as above, such as, it has been said:......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..Category: Business or Commercial Law | Date: | Hits: 117
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......tafa went to the Hajiganj Police Station and informed the Officer-in-Charge that the said Engineer Syed Md. Nuruddin had committed suicide The Officer -in-Charge immediately rushed to the place of occurrence and interrogated the persons found there when suspicion arose in his mind that it was no..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......en the people appears through an applicant as also those who masquerade wider the name of the people. Taking up the people’s causes at the expense of his own is a rare phenomenon, not a commonplace occurrence. 55. We hold therefore that the association-appellant was wrongly held by the High Cou..Category: Constitutional Law | Date: | Hits: 450
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......ree in a partition suit against which a miscellaneous case under Order IX rule 13 C.P.C. is pending. They took delivery of possession through Court only on 28-5-87, i.e. only three days before the occurrence. The jute plants were not grown by the informant party but by the accused party who had ..Category: Criminal Law | Date: | Hits: 96
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....ed his death. 9. Admittedly, the main witnesses in the case, PWs 1-3 who were alleged eye-witnesses of the occurrence, were related to each other and to the deceased also. In several places of the impugned judgment the High Court Division expressed itself against their evidence and...... 3 Badal resisted the accused persons accused Keru and Kader inflicted injuries on them by cheni. Hyder Ali died on the spot and was carried to his house. Many people went there and heard about the occurrence. A GD Entry was made by PW 10 Md Fazlul Huq Khan, a cousin of the deceased at 3-30 PM a..Category: Criminal Law | Date: | Hits: 104
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......acts and circumstances of this case only. 14. We have noticed that the High Court Division has been impressed by the conduct of the two foreigner-appellants from the beginning of the occurrence upto the end of the trial. It is now for us to consider whether the High Court Division ..Category: Criminal Law | Date: | Hits: 130
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....f his wife, defendant No. 1, on the plea that his mother executed and registered the same in her favour after getting consideration of Taka 3,000.00. Plaintiff’s other sons are serving in different places of the country and taking advantage of the illness of the plaintiff, defendant No. 2 took her...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..Category: Procedural Law | Date: | Hits: 154
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