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Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)

....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..

Category: Others | Date: | Hits: 119

Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)

....ay 10th, 1993 Lawyers Involved: Shahidul Islam, Advocate, (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Shamsul Alam, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on Record-For the Respondent......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ...... Lawyers Involved: Shahidul Islam, Advocate, (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Shamsul Alam, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate-on Record-For the Respondent. Crimina......y below: On the night of 1 December, 1987, a shallow tube-well machine of P.W. 1, Apiluddin, was stolen from his field by some unknown persons. At about midnight the police of Bogra Kotwali Police Station caught accused Shafiul Alam (who is not before us in this appeal) with a shallow tub..

Category: Criminal Law | Date: | Hits: 44

Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)

....86 BLD (AD) 180 has been misappreciated by the learned Judges. 4. Respondent's application for condonation says that the proposal for preferring the appeal was received by the Office of the Deputy Solicitor on 18.1.90 (about 11/2, year after delivery of the Judgment) and since then the fi......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......e headed by the OC of Dhanmondi PS accompanied the Court's officials who had delivered the possession to the petitioner. But at about 10‑00 PM of the same day, at the instance of the Director General, Radio Bangladesh (Defendant No. 2) the same contingent of police arrested his men and dis......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ..

Category: Property Law | Date: | Hits: 101

State Vs. Zahir and ors., 1993, 22 CLC (AD)

....side the conviction it cannot be said that it exceeded its jurisdiction. In the result, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 163 ...... made by the accused for the statements under section 161 Cr.P.C. but the same could not be supplied to them as because the statements were allegedly lost. In this context, it noticed that four Sub-Inspectors of Police investigated the case one after another. The first Sub Inspector Mr. Jalil af......be corrected by the High Court Division in the exercise of its Writ jurisdiction by passing an order in the nature of certiorari. 7. Mr. Abdus Sobhan, the learned Additional Attorney‑General appearing for the appellant, urged that the High Court Division could interfere only if the......ccused for the statements under section 161 Cr.P.C. but the same could not be supplied to them as because the statements were allegedly lost. In this context, it noticed that four Sub-Inspectors of Police investigated the case one after another. The first Sub Inspector Mr. Jalil after recording ..

Category: Criminal Law | Date: | Hits: 48

Kalu and another Vs. State, 1993, 22 CLC (AD)

....Case Refered to- Begu and others Vs. Emperor, 26 CrLJ (PC) 1050. Lawyers Involved: Abdul Baset Majumder, Advocate-on-Record-­For the Appellants Md. Moksudur Rahman, Deputy Attorney­-General, instructed by Zinnur Ahmed, Advocate-on- ­Record-For the Responde...... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ...... Begu and others Vs. Emperor, 26 CrLJ (PC) 1050. Lawyers Involved: Abdul Baset Majumder, Advocate-on-Record-­For the Appellants Md. Moksudur Rahman, Deputy Attorney­-General, instructed by Zinnur Ahmed, Advocate-on- ­Record-For the Respondent. Criminal ...... his death and concealed his dead body by digging a ditch nearby the west side of the Kendua Kalibari railway line. On information received from GD entry made by Kazi Shamsuddin, P.W. 3 of Jamalpur Police Station, police went to the place of occurrence and disinterred the (lead body of Tegu from ..

Category: Criminal Law | Date: | Hits: 58

Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)

....and others 1973 AIR (SC) 1073. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-­For the Appellants. M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-on- Record-­For the Respondent. ...... of the accused persons running away with deadly weapons in their hands immediately after the occurrence. 5. Police Station Kalia lies 2 miles to the east of place of occurrence. P.W. 14 Sub-Inspector Sk. Wahidur Rahman was the Officer-in-Charge of the Police Station on the day of occurren......AIR (SC) 1073. Lawyers Involved: Abdul Malek, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-­For the Appellants. M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-on- Record-­For the Respondent. Criminal A......ased Ekhlasuddin Ahmed and his son deceased Ehsanul Huq @ Tunu and Ekhlasuddin's nephew P.W. 2 BM Sukur Ali @ Pilu started on a motor‑cycle for Jessore from their village home at Bendarchar, Police Station Kalia, District Narail on 11.6.85 at about 6‑45 AM. Deceased Ekhlasuddin had s..

Category: Criminal Law | Date: | Hits: 60

New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)

....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..

Category: Banking Law | Date: | Hits: 142

Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)

....1992. Lawyers Involved: Abdul Malek, Sr. Advocate, (Zamiruddin Ahmed, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik Advocate-on-Record-For the Respondent. Crim......s forcible possession, broke through the door, killed Majitunnessa wife of P.W. 12 with a dao and injured the informant’s wife. 2. After investigating the case of P.W. 1 the Sub‑Inspector of Police, Nalchity, submitted a final report on August 14, 1981. On the same day he lod......yers Involved: Abdul Malek, Sr. Advocate, (Zamiruddin Ahmed, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by AW Mallik Advocate-on-Record-For the Respondent. Criminal Appeal No. ......nbsp;                  MH Rahman J.- On June 5, 1981 P.W. 1 Nur Mohammad lodged an information in the Nalchity Police Station, alleging, inter alia, that while he and his elder brother P.W. 12 Abdul Mannan were..

Category: Criminal Law | Date: | Hits: 40

State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)

....nbsp;                              M Shamsul Alam, Deputy Attorney-General, instructed by Md Nowab Ali, Advocate-on- Record­-For the Appellant. ......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......;                            M Shamsul Alam, Deputy Attorney-General, instructed by Md Nowab Ali, Advocate-on- Record­-For the Appellant. Abdus Sobha......e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ..

Category: Criminal Law | Date: | Hits: 41

Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)

..... Wahidullah, Advocate-on-Record-For Appellants. (In CA No.14 of 1993). Shamsul Hoque Siddique, Advocate-on-Record-­For the Respondent No. 1 (In CA No. 14 of 1993). Hassan Arif, Deputy Attorney-General, (B Huss­ain, Deputy Attorney‑General with him), instructed by Sh....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......vocate-on-Record-For Appellants. (In CA No.14 of 1993). Shamsul Hoque Siddique, Advocate-on-Record-­For the Respondent No. 1 (In CA No. 14 of 1993). Hassan Arif, Deputy Attorney-General, (B Huss­ain, Deputy Attorney‑General with him), instructed by Shamsul Haque Sidd....... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ..

Category: Labour and Industrial Law | Date: | Hits: 103

Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)

....as defendants in OC Suit No. 19 of 1987. 2. Material facts of the case are, that respondent No. 1 as plaintiff instituted the aforesaidsuit against the Government of Bangladesh (represented by the Deputy Commissioner, Natore) and other officers, respondent Nos. 2-5, for declaration of his fide to......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ..

Category: Procedural Law | Date: | Hits: 111

Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)

....an J ATM Afzal J Mustafa Kamal J Latifur Rahman J Alfu Miah and others.......................... Appellants Vs. Government of the Peoples Republic of Bangladesh represented by the Deputy Commissioner Dhaka & others ……………………............Respondents Judgment Ja......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......ah Sarker & ors. 1989 BLD (AD) 1. Lawyers Involved: SR Paul, Senior Advocate instructed by Shamsul Haque Siddique, Advocate-On-Record-For the Appellants. A Wadud Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-On- Record—For the Respondent Nos. 1-3 and 5-7. Mvi.......rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ..

Category: Limitation Law | Date: | Hits: 271

Sompong Vs. State, 1993, 22 CLC (AD)

.... Judgment January 18th, 1993. Lawyers Involved: Md. Korban Ali, Advocate, instructed by Md. Aflab Hossain, Advocate-on-Record-For the Appellant. Shamsul Alam, Deputy Attorney‑General ,instructed by A W Mallik, Advocate-on-Record-For the Respondent. ......ized goods as passed by the Special Tribunal. The appeal is accordingly allowed and t1he impugned order set aside. Ed. This case is also reported in: 45 DLR (AD) (1993) 110 ......uary 18th, 1993. Lawyers Involved: Md. Korban Ali, Advocate, instructed by Md. Aflab Hossain, Advocate-on-Record-For the Appellant. Shamsul Alam, Deputy Attorney‑General ,instructed by A W Mallik, Advocate-on-Record-For the Respondent. Criminal Appeal N......ized goods which were valued at Tk. 3 crore was attached to the FIR along with other papers. 5. It appears that in course of the investigation of the case a seizure list was made by an SI of Police (P.W. 11) of the goods which were already seized by the customs department. In his depositio..

Category: Criminal Law | Date: | Hits: 62

Government of the People's Republic of Bangladesh Vs. Abdul Motaleb Dewan and ors, 1993, 22 CLC (AD)

.... Electrical Engineer, Central Rly. AIR 1979 (SC) 1912; State of UP Vs. Ram Naresh AIR 1970 SC 1263 (1265). Lawyers Involved: AW Bhuiyan, Additional Attorney‑General (B. Hossain, Deputy Attorney‑General, with him) instructed by Mvi. Wahidullah,Advocate-on-Record -For the ...... the Government of India Act 1935. 5.  In Krishna Kumar Vs. Divisional Asstt. Electrical Engineer, Central Rly. AIR 1979 (SC) 1912, where the appellant appointed as a Train Lighting Inspector by the Chief Electrical Engineer was removed from service under an order passed by the Di......Vs. Divisional Asstt. Electrical Engineer, Central Rly. AIR 1979 (SC) 1912; State of UP Vs. Ram Naresh AIR 1970 SC 1263 (1265). Lawyers Involved: AW Bhuiyan, Additional Attorney‑General (B. Hossain, Deputy Attorney‑General, with him) instructed by Mvi. Wahidullah,Advocat...... of his appointment. In view of the above, we dismiss both the appeals and affirm the impugned decision. No cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 108 ..

Category: Administrative Law | Date: | Hits: 114

Quazi Nazrul Islam Vs. Bangladesh House Building Finance Corporation, 1993, 22 CLC (AD)

....e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ...... Shaheed Alam, Advocate, instructed by Md. Sajjadul Haq, Advocate-on-record-For the Respondents (In CA No.28/29 & Appellants in CA No. 29192). A Wadud Bhuiyan, Additional Attorney-General- Amicus curiae. Civil Appeal No. 28 of 1992 & Civil Appeal No. 29 1992. (......e dismiss the appeal of the employee, CA No. 28 of 1992 and allow that of the Corporation CA No. 29 of 1992. No. costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 106 ..

Category: Administrative Law | Date: | Hits: 100

Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)

....ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......ken in violation of section 195(1)(b) of the Code. 23. In view of the discussion above, this appeal is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 101 ......ry for an offence under section 211 of the Penal Code falsely charging in an FIR/Complaint any person with having committed an offence, unless the Court has taken cognizance of any offence upon the Police Report or complaint and a proceeding in court" has thus begun. 2. Facts of the ..

Category: Criminal Law | Date: | Hits: 40

Mujibur Rahman, Ex-Collector of Customs Vs. Government of Bangladesh, 1993, 22 CLC (AD)

....lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ......udgment December 10th, 1992. Lawyers Involved: Moinul Hoque, Advocate, instructed by Md.  Aftab Hossain, Advocate-on-Record-For A Petitioners Aminul Huq, Attorney-General (AW Bhuiyan, Additional Attorney-General, with him) instructed by Md. Nowab Ali, Advocate-o......lidly made and shall not be questioned in or before any Court on any ground whatsoever, The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 98 ..

Category: Administrative Law | Date: | Hits: 122

Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)

.... Judgment August 31st, 1992. Lawyers Involved:  Maudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant AF Hasan Arif, Deputy Attorney-General, (Sharifuddin Chaklader, Assistant Attorney-General, with him) instructed b......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ...... August 31st, 1992. Lawyers Involved:  Maudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant AF Hasan Arif, Deputy Attorney-General, (Sharifuddin Chaklader, Assistant Attorney-General, with him) instructed by Zinnur Ahmed, ......etenu had always been involved in anti‑social activities and that in view of the deteriorating law and order situation he was detained on the basis of secret reports of Special Branch of the Police. 6. Photo‑copies of first information reports and charge‑sheets of severa..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)

....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......Vs. Peria Goundan AIR 1941 (Mad) 158; The State of Madhya Pradesh & others Vs. Vishnu Prasad Sharma and ors. AIR 1966 (SC) 1593. Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record,  -For the Appellants(In CA 31 of 1991). ......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..

Category: Property Law | Date: | Hits: 65

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 ...... 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 ...... 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 ......n being resisted by her one of them struck on her cheek by a gun pulling one of her teeth and causing bleeding from her mouth. In the morning they let her go away and she immediately went to Mirpur Police Station and narrated the incident to the Police and soon thereafter she led the police part..

Category: Criminal Law | Date: | Hits: 66