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Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....the respondents’ failure to comply with the said requests the plaintiffs were constrained to file the suit for a declaration that the notice dated 15-5-89 directing plaintiff No.1 to pay the balance amount of purchase money was illegal and that plaintiff No.1 was bound to pay only the amou......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ..Category: Criminal Law | Date: | Hits: 68
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......eal No. 6 of 1995 which arises from Writ Petition No. 1786 of 1990. The facts are as follows: The appellant imported a consignment of cigarette paper comprising 12,000 reams, 3,000 (bales) sheet, size 50.80 CM at a cost of US$ 78,000 under LC dated 2-5-89 from the People’s Republic..Category: Business or Commercial Law | Date: | Hits: 99
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....by a court to take lenient view in favour of the accused. But there is no question that the Court has undoubted right to direct a retrial where there has not been a trial in accordance with law. A balance has, however, to be struck and that is what is called the exercise of judicial discretion i......the pond, but on the way her husband caught hold of her and extinguished the fire. Mariam died on 3-11- 95. The accused-appellant habitually tortured her. 5. Following submission of charge sheet by the Police, the appellant and others were put on trial as aforesaid. 6. The defen..Category: Criminal Law | Date: | Hits: 83
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....ssed duty or penalty imposed at the time of filing of the appeal or at any later stage if permitted by the appellate authority also provides for deposit of fifty percent of such amount in cash and balance by bank guarantee and also authorizes the appellate authority to exempt the appellant from ......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
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. ......f Amir Hossain vs. State reported in 37 DLR (AD) 139]. Instead of giving an explanation appellant absconded during the investigation of the case till he was arrested after submission of the charge-sheet. As the appellant failed to give a satisfactory explanation as to what happened to the victim..Category: Criminal Law | Date: | Hits: 58
Novartis Foundation for Sustainable Dev. Vs. RK Ruma, General Sec., BIKASH & ors, 2000, 29 CLC (AD)
....rfere with the impugned order. Consequently, the petition is dismissed with the observations indicated above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 138. ......in the writ petition. Thereafter, the matter was mentioned before the Division Bench presided over by Mr. Justice Khandker Mahmud-ul Hasan for vacating the order of stay. It appears from the order-sheet of the writ petition that the Division Bench presided over by Mr. justice Khandker Mahmud-ul ..Category: Others | Date: | Hits: 88
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
....d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ...... of some hired ‘goondas’ had snatched away the ballot boxes and all other election materials from the centre in question and thereby the presiding officer could not prepare the result sheet and the Returning Officer in his report dated 30-12-97 (Annexure E) informed the District El..Category: Election Law | Date: | Hits: 110
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......t all these facts and the law itself and to make an order of release upon its own expert opinion that she is about “to attain the age of 18 years.” 14. It is found that charge sheet had been submitted a week before the impugned judgment was passed i.e. on 18-3-98 under the a..Category: Criminal Law | Date: | Hits: 48
....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.
......Ordinance, 1969 (XXIII of 1969), Section 2(xxviii)
The casual labourers supplied by the contractors are the employees of the contractors over whom the contractors have absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they are responsible. The contract..
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. ......aments and other valuable amounting to Taka 85,250.00. As the dacoits could not be identified by name they were not named in the First Information Report. Subsequently aft submission of the charge sheet these appellants along with others were placed on trial before the learned Additional Distric..Category: Criminal Law | Date: | Hits: 92
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......itioner’s further allegation is that the Police recovered the property listed in the First Information Report from the possession of respondent No. 2. 3. Police submitted charge-sheet after investigation and ultimately a Metropolitan Magistrate framed charges against all the r..Category: Criminal Law | Date: | Hits: 93
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
.... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ......ccused- petitioners are seeking leave to appeal from the impugned judgment of the High Court Division passed in Criminal Revision No. 450 of 1996. 2. It appears that police submitted charge-sheet against the accused-petitioners along with others under sections 147/149/447/448/379/436/342/..Category: Criminal Law | Date: | Hits: 63
Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others, 1997, 26 CLC (AD)
....own by both the Tribunals below. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 172 ......desh has any legal sanction and has been duly notified in the official Gazette or not. The memo of the Implementation Cell of the Ministry of Finance Government of Bangladesh dated 10-8-94 is the sheet anchor of the appellants’ case. In the Memo, the subject matter is mentioned to be the ..Category: Administrative Law | Date: | Hits: 160
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ......l Huq, learned Counsel for the plaintiff respondent, submits that he has obtained a photocopy of the original writing of deposition by hand by the trial Court. It has been written in the deposition-sheet that MV Arcadia came to Bangladesh. He submits that there was a mistake in the paper book bot..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Shamsuddin Ahmed Chowdhury Vs. State and another, 1997, 26 CLC (AD)
....ourt Division did not commit any illegality in discharging the Rule. The appeal is dismissed. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 119, 49 DLR (AD) (1997) 159 ......l Code against the appellant and three others. The case was ultimately registered as OR Case No. 835 of 1984 in the Court of Metropolitan Magistrate, Chittagong wherein the police submitted charge sheet on 11-12-84 under the aforesaid section of the Penal Code against the appellant and others. T..Category: Criminal Law | Date: | Hits: 72
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 ......duty. The OC assured that he would visit the place of occurrence. 4. Police visited the polling centre in the afternoon and took up investigation of the case and ultimately submitted charge sheet against 16 accused including the respondent. 5. However, 19 persons were ultimately put..Category: Criminal Law | Date: | Hits: 77
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ...... of one of the conditions Furthermore, the value of the land mortgaged for securing the Loan was over-stated to show the same as proper security. 3. After investigation the police submitted charge-sheet against the petitioners and others on sections 420/109 read with section 5(2) of Act II of 194..Category: Anti-Corruption Laws | Date: | Hits: 75
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......pension and there should be relaxation of educational qualification and age if he is appointed in the absorbing department to an equivalent post or cadre.” 17. This Memo. is the sheet-anchor of the appellant s case that his case that in 1976 the post of Inspector of Taxes and ..Category: Administrative Law | Date: | Hits: 140
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. ......nter-affidavit was on behalf of the State to which the respondent gave a reply. 7. The High Court Division after considering the materials on record against the respondent, namely, the FIR, charge-sheet, the alleged confessional statement and statements of three witnesses under section 161 of the..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 ...... was recovered from the possession of Anwarullah. Begumganj PS Case No.20 dated 19-9-91 was started on the FIR against the appellant and Anwarullah. The police after investigation submitted charge-sheet against both of them on 3-12-91. The appellant obtained bail from the Thana Magistrate, Begum..Category: Criminal Law | Date: | Hits: 98
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