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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 ......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 ......ner in the writ petition (respondent No. 1 herein) Tajul Islam Chowdhury, a cashier of the appellant-Bank, Bank of Credit and Commerce (Overseas) Ltd., shortly the BCCI and at the relevant time the General Secretary of the BCCI Employees Union, was dismissed from service on 16.2.88 for misconduct......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 ..

Category: Labour and Industrial Law | Date: | Hits: 100

Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)

.... No. 35 of 92). Tareque, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant (In Civil Appeal No. 43 of 92). AW Bhuiyan, Additional Attorney General, (B Hossain, Deputy Attorney-General, with him), instructed by Sharifuddin Chaklader, Advocate-on-­Record-For th......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. ......lant (In Civil Appeal No. 35 of 92). Tareque, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant (In Civil Appeal No. 43 of 92). AW Bhuiyan, Additional Attorney General, (B Hossain, Deputy Attorney-General, with him), instructed by Sharifuddin Chaklader, Advoca......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. ..

Category: Election Law | Date: | Hits: 117

Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)

....udud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Peti­tioner (in Criminal Petition Nos. 117, 118, 119, and 120 of 1992). Aminul Huq, Attorney-General, B. Hossain, Deputy Attorney-General, and (Amirul Kabir Chowdhury, Deputy Attorney-General with him), instructed ......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 ......wyers Involved: Moudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Peti­tioner (in Criminal Petition Nos. 117, 118, 119, and 120 of 1992). Aminul Huq, Attorney-General, B. Hossain, Deputy Attorney-General, and (Amirul Kabir Chowdhury, Deputy Attorney-General w......e, Dhaka, were heard together and are now disposed of by this judgment. 2. On April 14, 1991 an Officer of the Bureau of Anti-Corruption, Dhaka lodged a First Information Report with the Motijheel Police Station against H M Ershad, a former President of the Republic, and his wife Raushan Ara Begu..

Category: Anti-Corruption Laws | Date: | Hits: 302

Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)

....ers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Serajuddin Ahmed, Advocate-on- Record - For the Appellant. AW Bhuiyan, Additional Attorney‑General, (B. Hossain, Deputy Attorney-General, with him), instructed by Zinnur Ahmed, Advocate-on -Record -For the Respond......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 ...... Government of Bangladesh and others..............Respondents Judgment January 31st, 1993.  Cases Referred to- Project in Charge Vs. Abdur Rahman 31 DLR 124 and General Manager, Jamuna Oil Company Vs. Golam Rahman & another 34 DLR (AD) 166; Beni Madho Pra......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 ..

Category: Administrative Law | Date: | Hits: 125

AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)

....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ..

Category: Property Law | Date: | Hits: 80

Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)

....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......SDO (South), Dhaka against the defendants for drawing up a proceeding under section 144 Cr.P.C. against defendant No. 1. The SDO (South), Dhaka directed the Officer‑in‑Charge of Gulshan Police Station, defendant No. 6, to maintain status quo and also to enquire and report. The defend..

Category: Property Law | Date: | Hits: 81

Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)

....der & others Vs. Province of East Pakistan and others, 20 DLR 18 (1968); SM Nurul Huq Vs. Province of East Pakistan and another, 25 DLR 476. Lawyers Involved: Shahabuddin Ahmad, Deputy Attorney‑General, instructed by Md. Nowab Ali, Advocate-on- record - For the Appellant......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......rovince of East Pakistan and others, 20 DLR 18 (1968); SM Nurul Huq Vs. Province of East Pakistan and another, 25 DLR 476. Lawyers Involved: Shahabuddin Ahmad, Deputy Attorney‑General, instructed by Md. Nowab Ali, Advocate-on- record - For the Appellant. Shaheed Alam......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ..

Category: Property Law | Date: | Hits: 64

State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)

....dent Judgment May 27, 1992. Cases Referred to- Waris Meah Vs. State PLD (1957) SC 157 & Meenakshi Mills Vs. Visvanatha Sastri AIR 1955 (SC) 13. Lawyers Involved: M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-on- Record­-For the Appellant. Ser...... about 10‑20 hours and after crossing the Immigration and Customs' currency and jewelry declaration counter placed his baggages on the crew baggage checking counter between 10‑30 to 11‑00 hours Inspector Shafiar Rahman started checking the baggages. P.W. 2 Shamsuddin Molla, Inspector, Surveill...... May 27, 1992. Cases Referred to- Waris Meah Vs. State PLD (1957) SC 157 & Meenakshi Mills Vs. Visvanatha Sastri AIR 1955 (SC) 13. Lawyers Involved: M Shamsul Alam, Deputy Attorney-General, instructed by Zinnur Ahmed, Advocate-on- Record­-For the Appellant. Serajul Huq, Senior...... some foreign currencies 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 ..

Category: Criminal Law | Date: | Hits: 132

AHM Siddique Vs. State, 1993, 22 CLC (AD)

....the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ......Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Sharifuddin Chakidar, Advocate-on-Record-For the Appellant. B Hossain, Assistant Attorney General, instructed by M Nawab Ali, Advocate-on-Record­ - For the Respondent. Criminal A......the High Court Division but the condition for payment of the fine is disposal of his appeal before the High Court Division. Ed. This case is also reported in: 45 DLR (AD) (1993) 8 ..

Category: Criminal Law | Date: | Hits: 44

Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)

....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......isition and Tenancy Act will apply in the present case and not section 26F of the Bengal Tenancy Act and that sec­tion 96 of the State Acquisition Act is retros­pective so section 6 of the General Clauses Act has no application He further contended that pre-emptor could not remain a co-s......red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 60

Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)

....he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ......he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ......962 SC 1044; Maganbhai Iswarbhai Patel Vs Union of India, AlE 1969 SC, 789 , Anderson V. Commonwealth, 47 CLR 50; Mia Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225 ; Blackburn Vs Attorney-General, (1971) I WLR 1037; Walker Vs. Baird, 1892) AC 491 PC; Johnstone Vs. Pedler, (1921) 2 AC 26......he same race or occupation. It is the fact, clearly established, of injury to the complain­ant—not to others—which justifies judi­cial intervention."  ..

Category: Constitutional Law | Date: | Hits: 716

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. ......down that a Special Tribunal or a Special Magis­trate shall not take cognizance of any sche­dule offence except upon a report in writing made by a Police Officer not below the rank of a Sub-Inspector or an officer of the Bureau not below the rank of an Assistant Inspector or any persons ......peror, AIR 1945 P C.  94; State of Uttar Pradesh vs. Md. Naim AIR 1964 (SC) 703; Ghulam Mohd. Muzammel Khan, 19 DLR (SC) 439. Lawyers Involved: Fakir Shahabuddin Ahmed, Attorney-General assisted by Ismailuddin Sarkar, Assistant Attorney General, Mahmudul Islam, Assistant Attor......e godown in possession of the said Company. On 15-11-72 a fire broke out in the godowns in consequence of which several maunds of jute were destro­yed. Upon an information received at Daulatpur Police Station in which A.T. Mridha and his employees were suspected to have dishonestly caused the..

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. ......72 (hereinafter referred to as the Collaborators Order) be­fore a Special Tribunal at Sylhet. Both the petitioners are shown as accused in column 3 of a single police report submitted by a Sub-Inspector, Kotwali P.S, Sylhet. 2. Mr. Naziruddin Ahmed who appear­ed in support of both......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. ......et. 2. Mr. Naziruddin Ahmed who appear­ed in support of both the petitions maintained that the Special Tribunal erred in taking cognizance of the    case, inasmuch as the Police report did not contain a statement of facts which would constitute an offence under the Coll..

Category: Criminal Law | Date: | Hits: 63

A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)

....isputed. The Collaborators Order was thus promulgated by an Authority com­petent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......isputed. The Collaborators Order was thus promulgated by an Authority com­petent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ......nstitution, AND Whereas at these elections the people of Bangladesh elected 167 out of 169 represen­tatives belonging to the Awami League, AND Whereas General Yahya Khan summoned the elected representatives of the people to meet on the 3rd March. 19......isputed. The Collaborators Order was thus promulgated by an Authority com­petent to do so. We are accordingly unable to find any merit in this petition which is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 53

Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)

....er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ......kistan. 20 DLR (SC) 225. Lawyers Involved: S M. Hussain instructed by A. Rab, II, Advocate on-Record—For the Appellant. S. Ishtiaq Ahmed, Addl. Attorney-General instructed by S. S. Hoda, Advocate-on Record —For the Respondent. Civil ......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 110

Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)

.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ......t in an appeal against acquittal, pending its disposal, not only that the accused-respondent be arrested but that he be also released on bail or committed to prison. 11. The learned Attorney-General who appeared in support of the appeals, however, con­tended that the latter part of th...... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

State Vs. Ashraf Ali and others, 1994, 23 CLC (AD)

....efault, to RI for one year more, They did not challenge their conviction as stood after modification; but it is the State which has come in appeal before us. 3. Mr. B. Hossain, learned Deputy Attorney-­General, has assailed the High Court Division's order in respect of the three......ficant wood barks for picnic. In the result, we find no substance in this appeal, which is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 241 ......year more, They did not challenge their conviction as stood after modification; but it is the State which has come in appeal before us. 3. Mr. B. Hossain, learned Deputy Attorney-­General, has assailed the High Court Division's order in respect of the three accused‑respond......atter from some persons, went to the spot and found his brother lying dead. He got the detailed account of the incident from one Nehajul Islam alias Mona (PW 2) and lodged an Ejahar with the Bogra Police Station within an hour, whereupon the prosecution case started. The Investigation Officer, a..

Category: Criminal Law | Date: | Hits: 119

Abdus Sattar and others Vs. State, 1994, 23 CLC (AD)

....Judgment February 10th, 1994. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Appellants. M Samsul Alam, Deputy Attorney-General, AW Mallick Advocate-on-Record-For the Respondent. Criminal Appeal N......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ......February 10th, 1994. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Appellants. M Samsul Alam, Deputy Attorney-General, AW Mallick Advocate-on-Record-For the Respondent. Criminal Appeal No. 6 of 1993. ......s dismissed in respect of appellant No. 1 Abdus Sattar and the appeal is allowed in part in respect of other appellants. Ed. This case is also reported in: 46 DLR (AD) (1994) 239 ..

Category: Criminal Law | Date: | Hits: 56

Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)

...........Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: Aminul Huq, Attorney‑General, (AF Hasan Ariff, Deputy Attorney-General, and B Hossain, Deputy Attorney - General with him) instructed by Sharifuddi......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. .......................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers Involved: Aminul Huq, Attorney‑General, (AF Hasan Ariff, Deputy Attorney-General, and B Hossain, Deputy Attorney - General with him......ens of Bangladesh .......................” Thirty-nine persons were mentioned in the notification. The respondent's name was at serial No. 3: "Professor Golam Azam, s/o. Golam Kabir of Birgaon, Police Station Nabinagar, District Comilla and of Elephant Road, Maghbazar, Dhaka." 3. The respo..

Category: Immigration and Citizenship Law | Date: | Hits: 522

Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)

....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......ent and Secretary respectively of the Bangladesh Registration TC Karmachari Samity, filed the aforesaid Writ Petition, calling in question the instruction of the Government dated 14.2.90 asking the Inspector General of Registration, Respondent No. 3, to fill up the 475 newly created posts of per......cretary respectively of the Bangladesh Registration TC Karmachari Samity, filed the aforesaid Writ Petition, calling in question the instruction of the Government dated 14.2.90 asking the Inspector General of Registration, Respondent No. 3, to fill up the 475 newly created posts of permanent Muh......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..

Category: Employment/Service Law | Date: | Hits: 66