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Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......Administrative Appellate Tribunal pronounced the judgment in open court in presence of the learned Advocates for the appellant and respondent No. 2 and allowed the appeal. It was noted in the order sheet that the judgment would be in a separate sheet. 5. On June 15, 1989 on the submission..Category: Administrative Law | Date: | Hits: 125
Islam Ali Mia alias Md. Islam Vs. Amal Chandra Mondal and another, 1993, 22 CLC (AD)
....aint petition shows that from 20 August 1999 to 7 September 1989 the complainant supplied to the accused hilsha fish worth Tk. 27,13,961.59 out of which the accused paid Tk. 23,88,378.62, leaving a balance of Tk. 4,05,482.97. The accused promised that he would pay the balance by the end of Chaitr......Division is set aside, the application under section 561A Cr.P.C. is allowed and the proceeding in question is quashed. Ed. This case is also reported in: 45 DLR (AD) (1993) 27 ..Category: Criminal Law | Date: | Hits: 43
Shahabuddin Vs. Abu Sayed and others, 1993, 22 CLC (AD)
.... As, however, we find no ground for interference with the judgment of the High Court Division, the petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 22 ......ower under section 151 CPC was not unjustified. 7. Mr. Zakir Hossain, learned Advocate entering caveat on behalf of the plaintiff respondents, has filed a certified copy of the entire order sheet of the trial Court. We find therein that the suit has again been dismissed for default of th..Category: Property Law | Date: | Hits: 49
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
....0 in default RI for 6 (six) months more. The respondent is directed to surrender to his bail bond forthwith and serve out the sentence. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 13. ...... were also seized from his possession. The respondent was arrested and forwarded to the thana along with the FIR for starting a case against him. 8. After investigation the Police submitted charge sheet under sections 156(8) of the Customs Act, 1969, 25B(l) of the Special Powers Act and 8(1) of t..Category: Criminal Law | Date: | Hits: 132
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......ower to interfere with such proceedings......that investigation will come to its natural end only under section 173 of the Code of Criminal Procedure either by final report or by a charge-sheet.'' 22. The Supreme Court of India in the ease of State of West Bengal vs. S.N. Bas..Category: Criminal Law | Date: | Hits: 125
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
....ppointed; and be Collaborators Order was also a valid piece of legislation. We are unable accordingly to find any merit in these petitions. Both the petitions dismissed. Ed. ...... Upon a consideration of sections 190 (1) (b) and 173 Cr.P.C Jenkins C.J. and Carnduff J, in the circumstances of the case, set aside the proceedings holding that the police report, i.e., the charge sheet should have set forth the nature of the information received against the accused. We are also..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... be sought with all possible expedition. The Court should not allow its docket to be choked with stale matters, otherwise the whole process of adjudication will adversely be affected. The Court is to balance the interests of the party or parties affected by a decision, and public interests. In consi......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Hemayatuddin alias Auranga Vs. State, 1994, 23 CLC (AD)
....the plea of not seeking adjournment of the trial is not sustainable. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 186 ......C. seeking permission of the Court to examine Golam Kibria @ Tipu as an additional witness stating that he was an alleged eyewitness to the occurrence, his name was cited as a witness in the charge-sheet and his statement was recorded by a Magistrate under section 164 Cr.P.C. The Magistrate concer..Category: Criminal Law | Date: | Hits: 53
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
....time of delivery and the rest Taka 43,059.00 within three days thereafter. After the accused paid Taka 40,000.00 the complainant, in good faith, supplied the goods, but the accused did not pay the balance within three days. Thereafter, on several dates the complainant, along with witnesses, went...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
.... said that the respondents were totally deprived of' their right to compensation. Had the acquisition been finalised and the matter been brought ultimately to the Arbitrator during the period, the balance due to the respondents would not have been a big. But whatever the balance might have been,......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....der Article 102 of the Constitution. If both sides are to say who pays the teachers, how much are the tuition fees and how much are the donations and if a Court Sitting in writ has to go through this balance sheet to come to a decision on the applicability of the proper regulations, then it converts......cle 102 of the Constitution. If both sides are to say who pays the teachers, how much are the tuition fees and how much are the donations and if a Court Sitting in writ has to go through this balance sheet to come to a decision on the applicability of the proper regulations, then it converts itself ..Category: Property Law | Date: | Hits: 86
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
....e, interest and possession of the plaintiffs. The defendants, however, will be at liberty to withdraw the amount of Taka 5000.00 which was deposited in court vide Order No. 33 dated 17.1.61 and the balance amount to be paid within 6 months from the date. There will be no order as to...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ......ant time. In connection with a shortage in cash of Tk. 19, 10,000.00 an FIR was lodged by the Assistant General Manager of the Bank whereupon the Police after holding investigation submitted charge sheet under Regulation Nos. 9 and 11 of MLR No. 1 of 1982. The appellants along with 3 others were..Category: Constitutional Law | Date: | Hits: 174
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
.... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ......law. In support of this contention he has referred to the decisions reported in 27 DLR 594 and 38 DLR 401. 3. On perusal of the High Court Division's order, along with the order‑sheet of the Election case, we find that though the election petition was filed on 2 May 1992 no ev..Category: Election Law | Date: | Hits: 119
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......Station Case No. 2(5)93 was registered under sections 323, 307 and 379 of the Penal Code, read with section 4 of the Anti‑Terrorism Act, 1992. The Police after investigation submitted charge-sheet against these three appellants under sections 323 and 379 of the Penal Code. The Informant fi..Category: Criminal Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....inafter plaintiff) contends that the Court certainly got such powers but, in this case, what has been awarded by the Court is not interest but compensation for loss of business for non payment of the balance of the price of goods supplied by the plaintiff to the defendant, and as such, the question ......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....cerned, it is to be observed, that the matter related to service, and it was observed that where the question of smooth working of public administration or national economy is involved, the rule of balance of convenience is to refuse the prayer for temporary injunction. The relevance of this dec......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..Category: Property Law | Date: | Hits: 61
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
.... would not be permitted by the resources at the disposal of the State., but the expropriated rent‑receivers should be given some compensation with which they could rehabilitate to some extent; so a balance was struck between the immediate requirement of the rent‑receivers for rehabilitation and ......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....ra on January 1, 1952 and delivered possession, that there was stipulation in the agreement that the kabala would be executed and registered after six months from date of agreement after payment of balance of the consideration money Taka 600. It was the case of the plaintiff that after executing......the said witnesses, particularly of the evidence of PW 2, is contradictory, that PW 2 though claimed himself to be a witness of the bainapatra but his signature in the bainapatra and the deposition-sheet is discrepant, that from the analysis of the evidence of PW 5 it is seen that his evidence i..Category: Property Law | Date: | Hits: 59
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....ttagong Builders and Machineries Limited the respondent became highest bidder and their tender was accepted by the Board, RAJUK thereafter. Issued a notice on 11-7-2001 to respondent No. 6 to pay the balance amount of Taka 1,51,00,200 through pay order and the respondent No. 6 accordingly paid the b......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 67