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Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)

.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ..

Category: Criminal Law | Date: | Hits: 47

Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)

.... Revisional Settlement Operation, the said land was found to be wrongly recorded in the name of the Government. 3. The suit was contested by the Government of Bangladesh represented by the Deputy Commissioner, Narayanganj, Additional Deputy Commissioner Revenue, Narayanganj and......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......ourt for giving reasonable opportunity to the appellant to contest the suit……..……(13 & 14) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by AKM Shahidul Huq, Advocate-on-Record— For the Appellants. Abdu......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..

Category: Property Law | Date: | Hits: 66

Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)

....lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ......oners vs Md. Abu Dakar and others... ..................Respondents Judgment February 16th, 2005 Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioners. Not represen......lotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 72

State Vs. Abdur Rahim, 2006, 35 CLC (AD)

....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......e was detained by a Customs Officer due to an altercation between him and the Officer and he was implicated in Cantonment PS Case No. 12 (11)/97 on a first information report lodged by Customs Inspector on the allegations, inter alia, that the respondent landed at Zia International Airport ......e and that, before hearing of the rule on appearance of the Appellant………………(10 and 11) Lawyers Involved: Faisal H Khan Assistant Attorney-General instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant. Md. Nawa......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

AHS Rahman Vs. State, 2006, 35 CLC (AD)

....��………(6) Lawyers Involved: Anisul Huq, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Petitioner. Abdur Razaque Khan, Additional Attorney-General (Abdur Rouf, Deputy Attorney-General, with him) instructed by ASM Khalequzzaman, Advocate-on-Record—For the Res......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......the proceeding………………(6) Lawyers Involved: Anisul Huq, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Petitioner. Abdur Razaque Khan, Additional Attorney-General (Abdur Rouf, Deputy Attorney-General, with him) instructed by ASM Khalequzzaman, Advocate-on......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 89

State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)

....he order of acquittal should not be interfered. The Appeal is dismissed……….(20 & 21) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Golam Mohammad Chowdhury, Deputy Attorney- General with him) instructed by Sufia Khatun, Advocate-on-Record—For the State Ap......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ...... the basis of materials on record the order of acquittal should not be interfered. The Appeal is dismissed……….(20 & 21) Lawyers Involved: Abdur Razaque Khan, Additional Attorney-General (Golam Mohammad Chowdhury, Deputy Attorney- General with him) instructed by Sufia Khatun, Ad......an caught hold of the victim. On getting the information, Md. Liton went to the Sadar Hospital and found his brother Tutul dead and then lodged first information report with the local police station. Police investigated the case and submitted charge-sheet against the two accused-respondents and othe..

Category: Criminal Law | Date: | Hits: 67

Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......pondent Nos. 1-3 of the writ petition and by an order dated 16-6-88 they set aside the order of appellate authority and restored the order of the Collector of Customs. Abdul Alim Mallick, a Custom Inspector, also filed a complaint petition on 2-1-86 against the Captain and the crew members of M......y operate as acquittal or conviction or a bar in respect of the other proceeding under another Act………(13) Lawyers Involved: AJ Mohammed Alt, Additional Attorney-General, (Probir Neogi, Advocate with him), instructed by B Hossain, Advocate-on-Record—For t...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 96

Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)

....petitioners filed an application to the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh on 12-6-1985. The Joint Secretary called for a report from the Additional Deputy Commissioner (Rev), Habigonj vide Memo dated 15-6-1985 and in the meantime stayed all further......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......ion of the registered deed of settlement, the finding of the High Court Division that such cancellation is illegal, needs no interference. Lawyers Involved: Fida M Kamal, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Petitioner. Respondents—Not Rep......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 77

Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)

....hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......oresaid civil petition, it would have been crystal clear that the above physical verification was not carried out in presence of the petitioner and so the submission made by the Additional Attorney-General to the effect that on physical verification of the imported goods in the presence of the p......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 88

Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)

....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......Lawyers Involved: Khondkar Mahbub Hossain, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Appellant. Abdur Razzaque Khan, Additional Attorney-General, (Faisal H Khan, Assistant Attorney-General with him) instructed by Sajjadul Huq, Advocate-......uld be serious. 4. It may be mentioned in connection with the death of the victim in the night of October 29 and 30, 1999 the informant lodged the first information report with Narayanganj Police Station in the morning of October 30, 1999 and therein it was the case of the prosecution th..

Category: Criminal Law | Date: | Hits: 59

Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)

....ned Counsel has referred to the above decision in the case of Bangladesh vs. Amena Khatun and others reported in 53 DLR (AD) 55. 6. Article 7 of President's Order No. 16 of 1972 provides that the Deputy Commissioner shall take possession of the property where any abandoned property is not in pos......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 108

Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)

....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......n of law and the materials on law was fully justified in allowing the appeal……………..(7) Lawyers Involved: AJ Mohammad Alt, Additional Attorney-General, instructed by Mvi. Md Wahidullah,Advocate-on-Record— For the Petitioners. Hu......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..

Category: Administrative Law | Date: | Hits: 113

ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)

.... 1 Inspector Inspector-General of Police. Government 2 Sub-Inspector, Assistant Sub- Inspector, Sergeant, Head Constable. Deputy Inspector- General of Police. Inspector- General of Police. ......ere not found guilty and were thus acquitted. 6. The High Court Division heard Death Reference No. 23 of 1999 along with Criminal Appeal No. 1336 of 1999 preferred by the petitioner Assistant Sub-Inspector Md. Ayub Ali Sarder and Criminal Appeal No. 1424 of 2000 filed by accused petitioner Const...... Schedule Police-officer Authority Appellate Authority 1 2 3 1 Inspector Inspector-General of Police. Government 2 Sub-Inspector, Assistant Sub- ......s has not been committed by them in the discharge of the official duty, section 197 Cr.P.C. has no manner of application in the present case…………..(21) The two petitioners as members of the Police Establishment were on official duty but in disregard of their duty they committed most heinou..

Category: Criminal Law | Date: | Hits: 78

Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)

....es of worship, residential houses, schools, hospitals etc. within two hundred yards of the proposed site of construction of the Cinema hall. So “no objection” certificate issued by the Deputy Commissioner under section 5 of the Cinematograph Act 1918 for setting up a cinema hall in s......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......ding upon the plaintiffs and also for permanent injunction against the petitioner and defendant-respondent Nos. 14-17 stating, inter alia, that the suit land appertaining to Mouza Majlishpur under Police Station Bajitpur, Kishoreganj under Khatian No. 194 in Plot No. 222 measuring an area of 22 ..

Category: Property Law | Date: | Hits: 69

Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....9/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 against her. She surrendered before the Court on 20-11-1994 and was enlarged on bail. The respondent No.2, a Deputy Secretary of the Ministry of Women and Children Affairs, then by his impugned memo dated 19...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......ip;…..(10) Lawyers Involved: Tabarak Hossain, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Appellant. Fida M Kamal, Additional Attorney-General (Karuna May Chakma, Additional Attorney-General with him) instructed by B Hossain, Advocate...... 2. Short facts are that the appellant while working as Project Director of Rural Women Employment Creation Project, the Bureau of Anti-Corruption on 16-11-1994 lodged an FIR with the Ramna Police Station on the allegations of offence punishable under sections 406/409/109 of the Penal Cod..

Category: Administrative Law | Date: | Hits: 128

Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)

....for one month more. 2. Against that order of conviction they filed an appeal, Criminal Appeal No. 410 of 1991, before the High Court Division. On their application a Rule was issued upon the Deputy Commissioner, Gaibandha, to show cause as to why they should not be enlarged on bail till th......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ..

Category: Criminal Law | Date: | Hits: 50

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

....hava was up‑graded and made a Corporation, Dhaka Municipal Corporation, under Act No. 56 of 1974 with effect from 29 July, 1974. It provided for 72 Ward Commissioners, all elected one Mayor and one Deputy Mayor, to be elected by these Ward Commissioners from among themselves. 18. The Consti...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 664); Comptroller and Auditor General vs. Jagannath, AIR 1987 (SC) 537, Mukesh vs. State of Madhyapradesh, AIR 1985 (SC) 1363; Lax......naged by men of so much political maturity, administrative ability and sense of responsibility that practically all powers of the Central Government are exercised by those bodies. Even the subject of Police administration has been transferred to many of these bodies. As for example, the Police force..

Category: Constitutional Law | Date: | Hits: 655

Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)

....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......of acquittal passed by the High Court Division in appeal. 2. The petitioner made an application on 19.12.1980 to the District Anti‑Corruption Bureau, Dhaka whereupon an Assistant Inspector made a preliminary enquiry and then lodged a FIR on 29.12.81 at Tongibari PS. The allegat......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..

Category: Criminal Law | Date: | Hits: 61

Saleem Ullah Vs. The State, 1992, 21 CLC (AD)

....volved: TH Khan, Senior Advocate, (MI Farooqui, MA Wahab Miah, Advocates with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Shamsul Alam, Deputy Attorney- General, (Sharifuddin Chaklader, Assistant Attorney-General with him) instructed b......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ........................................Respondent Judgment July 23rd, 1992 Cases Referred to- Andre Paul Terence Ambard Tobago Vs. The Attorney‑General of Trinidad AIR 1936 (PC) 141; MA Awal Vs. Ehtesham Hyder, 28 DLR (HD) 285; Ilkley Local Bo......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..

Category: Criminal Law | Date: | Hits: 141

Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)

.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..

Category: Alternative Dispute Resolution | Date: | Hits: 202

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