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Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....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. ......(Act No. VII of 1981), henceforth the said Act. 2. The appellant, a Manager in the Audit Division of the Head Office, Agrani Bank, respondent No. 2 was departmentally proceeded against by a charge-sheet dated 8-11-77 following which he was dismissed from service on 16-2-79, an appeal from which o..Category: Administrative Law | Date: | Hits: 131
Ashraf Ali @ Asraf Ali Vs. State, 1997, 26 CLC (AD)
.... proceedings, although the reasons given are not the right reasons for doing the same. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 107 ...... accused-petitioner upon an FIR lodged by one Md. Chhanaullah, Management Consultant of ACME Laboratories Ltd. Dhaka lodged with Kotwali Police Station, Dhaka was named as an accused in the charge-sheet after investigation under section 420 of the Penal Code, section 24 of the Drugs Act, 1930 an..Category: Criminal Law | Date: | Hits: 99
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....eipt acknowledging the same as well as execution of the bainapatra by his father. As the sons of said Hemendra Narayan failed to execute and register the proper kabala in spite of the tender of the balance consideration the plaintiff brought Other Suit No. 55 of 1991 for specific performanc...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
.... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ......l assembly armed with deadly weapons attacked his brother Ishaque Darji causing bleeding injuries as result of which he died on the spot. 3. After Investigation Police submitted charge sheet on 4-4-95 against 22 accused persons including the petitioner under sections 147/l48/448/149/..Category: Criminal Law | Date: | Hits: 78
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
....cost and the impugned judgment and order; are set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 121, 49 DLR (AD) (1997) 38 ......er the Ordinance of 1961 and substantially financed by the Government is a body constituted or established under the said Ordinance or any other law, so as to make it a statutory body which is the sheet-anchor of Mr. Karim’s submission. To be a statutory body it must, first of all, owe its..Category: Others | Date: | Hits: 85
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......uitting the accused-respondents under section 245(1) of the Code without examining other witnesses, as required under section 244 of the Code of Criminal Procedure. 5. From the order-sheet of the case it appears that the records of (JR Case No. 77 of 1986 was pending from 20-8..Category: Criminal Law | Date: | Hits: 68
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 ......ody of Nuruddin on search and informed others. 4. The OC Hajiganj PS himself lodged an FIR on the same day narrating the aforesaid facts and police upon investigation submitted charge-sheet on 22-9-1982 against the respondents under section 302 of the Penal Code. 5. It ..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....howdhury J (agreeing): Articles 31 and 32 of our Constitution protect right to life as a fundamental right. It encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life can hardly be enjoyed. A......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. ..Category: Constitutional Law | Date: | Hits: 450
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....ntiff and acknowledged the receipts of those amounts by signing on the back of the deed of agreement. The plaintiff thus paid to defendant Nos. 1 and 2 in total a sum of Taka 4,55,000.00 leaving a balance only for Taka 25,000.00. Subsequently when the plaintiff pressed for the registration of th....... The plaintiff as OPW 1 also has admitted in cross-examination (page 60 of the Paper Book) that he has instituted a case in the Court of Settlement in respect of the suit property. From the order sheet it appears that the suit was filed on 2-6-86 and on the next day i.e. 3-6-86 defendant No.3 D..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......emo of charge dated 20-4-86. 10. Leave was granted to consider: (i) Whether Administrative Appellate Tribunal erred in law in not considering the charge under Clause 3 of the charge-sheet dated 20.4.86 wherein respondent No.1 was charged with the offence of misconduct for having ..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....sanctioned an amount of Taka 34 lakh in favour of respondent No.1. During the selling season the price of potatoes further dropped and respondent No.1 could adjust only 83% of the loan keeping the balance outstanding. The outstanding loan of the appellant having not been paid, Bangladesh Krishi ......ertificate Officer to respondent No.1 to appear through a lawyer and to submit either oral or written objection with regard to the demand notice of the Bank’s dues. It appears from the order-sheets of the certificate cases that the lawyer of the Bank was present, but neither the certificat..Category: Business or Commercial Law | Date: | Hits: 150
....urt by a statutory authority can themselves overtake the law by resourceful enterprise in raising ingenious contentions in order to frustrate the prosecution on the threshold. The Court must strike a balance. We are of the view that the learned Sessions Judge failed to maintain that balance which ha......eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
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Category: Business or Commercial Law | Date: | Hits: 163
Mokaddesh Mondal and Others Vs. State and Others, 1998, 27 CLC (AD)
.... at the time of framing charge or even there-after. The petition is dismissed with observation as above. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 186. .........................Respondents Judgment December 11, 1997. The Code of Criminal Procedure, 1898 (V of 1898) Section 561A It is not necessary to amend the charge sheet to include a higher offence as because that can be done at the time of framing of charg..Category: Criminal Law | Date: | Hits: 74
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....roleum products of the assessee on 21-7-80, 3-5-81 and 4-6-81 as a result of refixation of the price of petroleum products by the Government was shown to have been credited in a note in the audited balance sheet of the appellant- company as payable to the BPC on Government account as per instruc......roducts of the assessee on 21-7-80, 3-5-81 and 4-6-81 as a result of refixation of the price of petroleum products by the Government was shown to have been credited in a note in the audited balance sheet of the appellant- company as payable to the BPC on Government account as per instruction of ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....406/420 The Code of Criminal Procedure, 1898 (V of 1898), Section 561A The petitioner paid money to the accused for business purpose. The accused respondent never denied to repay the balance amount to the petitioner. No allegation of initial deception has been alleged in the F.I.R.......n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ..Category: Criminal Law | Date: | Hits: 88
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......aher Ali as executant and that on query Taher Ali denied to have executed any deed of gift in favour of his sons, GR Case No. 213 of 1987 was started and after investigation police submitted charge-sheet against the accused under section 467/468/471/109 of the Penal Code. 2. The ch..Category: Criminal Law | Date: | Hits: 73
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....ution of Bangladesh, 1972, Article 102 (4) (i) Broadly speaking, to obtain an interim order, a writ petitioner must not only make out a prima facie case, but a strong prima facie case. The balance of inconvenience in his favour should be so strong that it will outweigh the consideration......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
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. ......n unconscious on the ground. Kadem Ali succumbed to his injuries on the spot. PW 1 lodged the First Informant Report at 11-30 AM on the same day and the Police after investigation submitted charge-sheet against 18 accused persons. The prosecution examined 19 witnesses and tendered one as against..Category: Criminal Law | Date: | Hits: 96
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......ce made inquest on the dead body of deceased Hyder Ali, sent the same to the morgue for post-mortem examination, seized alamats from the place of occurrence and after investigation submitted charge-sheet against the aforesaid accused persons (since acquitted except the appellant). ..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. ...... and torture. The High Court Division, on appeal, left the accused Airport Manager’s confessional statement out of consideration. 6. After investigation police submitted charge-sheet, besides the present appellants, against the then Chairman of the Civil Aviation Authority. A..Category: Criminal Law | Date: | Hits: 130
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