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A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ould not be taken against him. He submitted his explanation on October 21, 1976 denying the allegations. After about 7 months the petitioners received notice dated May 4, 1977 by which he was charged sheeted on the ground of misbehavior as his explanation was found unsatisfactory. The appellant su..Category: Employment/Service Law | Date: | Hits: 130
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......ormation Report, by an order dated 8.11.73 the Sub-Divisional Magistrate issued W/A and P/A against the appellants and other co-accused as prayed for. The Police after investigation submitted charged sheet on 7.9.74 against some of the accused under section 396 of the Bangladesh Penal Code read with..Category: Criminal Law | Date: | Hits: 48
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....r that any formal prayer was made by the tenant-Respondents to invoke this extra-ordinary jurisdiction. It does not also appear that the Court while invoking this extra-ordinary jurisdiction took the balance of the convenience or hardship that will entail on the decree holder. The ends of justice ......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ...... there he received a show-cause notice on April 16, 1977 alleging mis-appropriation of synthetic fabrics of the value of Tk. 8,896/- from the godown at Siddique Bazar, Dacca. The appellant was charge-sheeted for misconduct and corruption under sub-rules (b) and (c) of Rule 3 of the Government Servan..Category: Employment/Service Law | Date: | Hits: 72
Siraj Miah Vs. Bangladesh and another, 1980, 9 CLC (AD)
....ve, the appeal is allowed and the order of the Sessions Judge is set aside and the proceeding are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 35 ......s started cutting the 'Gopat' which is used as public path, attacked the informant and other villagers who protested and caused injuries to them by using a gun. Police held investigation and a charge sheet was submitted against the accused persons under section 148/324/431/379 B P.C. The informant m..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......974, which was started on the basis of the First Information Report dated May 4, 1974, is pending before the Court of Additional Sessions Judge and Special Tribunal No. 2 Dacca. In this case charge sheet was submitted on September 20, 1975. On the basis of the charge sheets the respective Tribun..Category: Criminal Law | Date: | Hits: 66
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....ader Commissioners and the two Courts below found that there was no vacant space west of plot No. 799 and that the appellant erected his eastern walls on an old one. Lastly, it was submitted that the balance of convenience and inconvenience was heavily in the appellant's favour in view of the fact t...... the Courts below on the concurrent ground that it could not be established by the two reports of the two Pleader Commissioners that there was any vacant space in between the two plots, which was the sheet‑anchor of the plaintiffs case. It is apparent, he submits, that the High Court Division has ..Category: Property Law | Date: | Hits: 66
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 ......on. Thereafter two Sub-Inspectors of Police, namely, Mr. Barak and Mr. Arun Bala investigated the case but could not collect any evidence and the 4th person, Mr. A Khan Akond submitted charge‑sheet after three years of the occurrence. In these circumstances, the High Court Division conside..Category: Criminal Law | Date: | Hits: 48
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....ants are acquitted. Let the appellants be set at liberty forthwith not wanted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 140 ......med the charge of the investigation of the case on behalf of the Criminal Investigation Department. Upon examination of some more witnesses and completion of investigation he submitted charge‑sheet against the accused persons. 6. The defence does not deny the factum and place of occ..Category: Criminal Law | Date: | Hits: 60
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ......2 A Mannan and P.W. 10 Akkabbar Ali Majhee for the murder of Majitunessa. On a further investigation the Inspector MA Halim of the Criminal Investigation Department, submitted a charge‑sheet on November 15, 1982 against the appellants and 7 others named in the FIR of P.W. 1. He also ..Category: Criminal Law | Date: | Hits: 40
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....ing a claim based on construction works in spite of the plaintiffs' failure to produce the papers relating to schedule of work, the rate for work, the measurement books, the outstanding bills for the balance after the receipt of part payments, the Supreme Court held that the decree could not be sust......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)
....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 ......on that they had deposited the goods of the trawler with the Khulna Customs House. He admitted that they did not give the goods to the Police. 6. It appears from the copy of the order‑sheet of M Special Tribunal that some samples of the seized goods were produced at the time of tri..Category: Criminal Law | Date: | Hits: 62
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 ...... Law‑Officer instituted the aforementioned case in the Administrative Tribunal, but without any success. The Administrative Appellate Tribunal allowed the appeal and held that from the charge sheet it was not clear for which specific charge the employee was responsible and ordered for a fr..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 ......section 61 of to Code but the production of the accused before the Magistrate does not amount to taking cognizance of any offence by the Magistrate as till the submission of the charge‑sheet the case remains in the hands of the police and the Magistrate has no occasion to take cogniz..Category: Criminal Law | Date: | Hits: 40
Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)
....tee submitted a report holding him guilty of misappropriation of the amount. The respondent, employer, deducted the value of the spoiled goods Tk. 8885/50 and held him guilty of defalcation of the balance of Tk. 33,329.89 and by an order dated 20.5.86 dismissed him from service. He challenged th...... the employees order for dismissal. 2. He was a salesman under the respondent in their Dhanmondi shop. On the basis of an audit report he was suspended from his service and a regular charge-sheet was submitted to him asking him to show cause why he should not be dismissed for defalcation..Category: Labour and Industrial Law | Date: | Hits: 79
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
.... and where the period of detention can be extended without any time‑limit set in the law the court must examine every order of detention with utmost care. 22. The Court is to hold the balance between the State's need to prevent prejudicial acLivities and citizen's right to enjoy his......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 several criminal cases under activity different sections of the Penal Code, and one case ..Category: Criminal Law | Date: | Hits: 88
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 ......as medically examined by P.W. 6 Dr, AKM Ayubullah. P.W. 8 ASI Kazi Anwarul Islam who at the relevant time was attached to the Mirpur Police Station, investigated into the case and submitted charge sheet against the appellants. 3. The defence, as it appears from the trend of cross‑ex..Category: Criminal Law | Date: | Hits: 66
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....s to costs. The order of the Labour Court ‑termination of service of respondent No. 1‑will remain unaffected. Ed. This case is also reported in: 45 DLR (AD) (1993) 61 ......ed Counsel for respondent No. 1, does not contest the application. The application for substitution is allowed. 5. Briefly, the facts are that respondent No. 1 was served with a charge‑sheet dated 31.1.88 containing four charges stating that "the abovementioned acts commit..Category: Labour and Industrial Law | Date: | Hits: 100
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......on Commission whereupon the Election Commission passed the impugned order. The High Court Division did not find any material to substantiate the allegation against the Presiding Officer as the result sheet submitted by him contained only one figure‑847 votes in favour of the complainant. The High ..Category: Election Law | Date: | Hits: 117
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......or of that company. The accused made the transaction illegally in collusion with each other to obtain a pecuniary advantage of taka four crore. 4. After investigation the police submitted charge‑sheet against 18 accused persons. A supplementary charge‑sheet was filed against two others on Sep..Category: Anti-Corruption Laws | Date: | Hits: 302