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Shaikh Mustainul Haque Vs. Inspector General of Police and others, 1995, 24 CLC (AD)
.... SA Ali vs. Secretary Establishment, 31 DLR (AD) 256. Lawyers Involved: Awlad Ali, Advocate, instructed by Md. Sajjadul Huq, Advocate‑on‑Record ‑ For the Petitioners. M Shamsul Alam, Deputy Attorney General, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Respondents. ...... Mustafa Kamal J Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents Judgment June 14, 1995.......amal J Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents Judgment June 14, 1995. Result......Latifur Rahman J Muhammad Abdur Rouf J Mohammad Ismailuddin Sarker J Shaikh Mustainul Haque.......................................Petitioner‑Appellant Vs. Inspector General of Police and others...................Respondents Judgment June 14, 1995. Result: The Ap..Category: Administrative Law | Date: | Hits: 111
Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ..Category: Criminal Law | Date: | Hits: 49
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....rs Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Mr. Serajuddin Ahmed, Advocate‑on-Record‑For the Appellant. Abdul Wadud Bhuiyan, Additional Attorney General, (B Hossain, Deputy Attorney General with him) instructed by Md. Sajjadul Huq, Advocate‑on-Record ‑ For Res......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138......971 (SC) 40. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Mr. Serajuddin Ahmed, Advocate‑on-Record‑For the Appellant. Abdul Wadud Bhuiyan, Additional Attorney General, (B Hossain, Deputy Attorney General with him) instructed by Md. Sajjadul Huq, Advocate‑on......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Special Reference No. 1 of 1995, 24 CLC (AD)
.... March, 1994 while there was a discussion in Parliament on call attention notice on the killings in Hebron, there was uproar over a part of the statement made by the then Information Minister and the Deputy Leader of the House requested the Deputy Speaker to expunge the relevant part of the statemen...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ......er XXVIII provide, inter alia, as follows: 1. On receipt by the Registrar of the order of the President referring a question of law to the Court, the Registrar shall give notice to the Attorney‑General of Bangladesh to appear before the Court on a day specified in the notice to take the direct...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......brief, is that on 9 June 1994 when his brother, a businessman, was returning home from Kazipara he was arrested and taken into custody by the police of Mirpur police station in connection with Mirpur Police Station Case No. 30(6) 94 under section 19 (A) and (F) of the Arms Act. 1878. On 11 June 1994..Category: Criminal Law | Date: | Hits: 75
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......to inform the Fire Brigade of Karnaphuli Paper Mills through Rangunia Police Station. On 12.10.90 a GD entry was lodged at Rangunia Police Station. An Officer of Karnaphuli Fire Brigade, a Narcotic Inspector and the Police visited the place of occurrence on 14.10.90 being a Friday, the plaintiff......ry, 4 PLR (Dacca) 595; Honuman Box vs. Eagle Star and British Dominions Insurance Company Ltd, AIR 1924 (Cal) 186; G, Rainey vs. Burma Fire and Marine Insurance Co. Ltd, AIR 1926 (Rangoon) 3; Rubi General Insurance Company vs. Bharat Bank, AIR 1950 (EP) 352; Pearl Insurance Company vs. Atma Ram,......the suit. 2. Plaintiff‑respondent No.1 Sanjib Kumar Das is a manufacturer and seller of homeopathic medicines under the name and style of SB Memco Laboratory at his village Kulkurmal, Police Station Rangunia, District Chittagong. He obtained a loan from pro‑forma defendant No...Category: Business or Commercial Law | Date: | Hits: 114
Yakub Ali Vs. State, 1995, 24 CLC (AD)
.... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ...... those cases that the course adopted by the Magistrate in the present case was illegal. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 94 ......ocedure has been summarily rejected by order dated 13.2.1995. Now this petition for leave to appeal from the same. 2. It appears that there was an First Information Report lodged in Shibganj Police Station on 26.1.1993 over the death of one Nawab Ali and an unnatural death Case No.4 of 19..Category: Criminal Law | Date: | Hits: 62
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
.... (1935) 683; Nawsher Ali Sarder vs. State 39 DLR (AD) 196; Abul Khair vs. State 44 DLR (AD) 225. Lawyers Involved: MA Wahab Miah, Advocate-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Resp......ila Magistrate on 18 May 1987. The dead body of Velua Khatun was recovered on 18 May 1987 at 3‑30 PM from the fountain of Rajarkul Tarabunia and an Unnatural Death Case was started. PW 1 Sub Inspector Rafizuddin, in course of investigation of that case, came to know that the appellant had ......Ali Sarder vs. State 39 DLR (AD) 196; Abul Khair vs. State 44 DLR (AD) 225. Lawyers Involved: MA Wahab Miah, Advocate-For the Appellant. M Shamsul Alam, Deputy Attorney‑General, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent. Jail Ap......ccurrence. His wife was found missing from the night following 14 May 1987. The appellant informed her brother Nazir Hossain about the same on 17 May 1997. He along with Nazir Hossain went to Ramu Police Station with a letter from the Chairman of the local Union Parishad and made a General Diar..Category: Criminal Law | Date: | Hits: 73
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ......- For the Appellant Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate – on ‑ Record ‑ For Respondent No.3. Aminul Huq, Attorney‑General, instructed by Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For the Respond......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....nd received notice of the suit. She obtained a deed through Court on 19.6.1982 and possession of the case property on 28.8.1982 in Title Execution Case No. 12 of 1982. 11. On 31.10.1982 the Deputy Commissioner, Housing and Settlement issued, a notice upon the appellant to show cause why ......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ......cord ‑ For the Appellant (In Civil Appeal No. 49 of 1994). Ex‑parte‑ For the Respondents(In Civil Appeal No. 49 of 1994). Abdul Wadud Bhuiyan, Additional Attorney General‑ Amicus Curiae. Civil Appeal No. 80 of 1993. (From Judgment and order ......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Shahidul Islam (Md) & anr Vs. Md. Sayedur Rahman and others, 1995, 24 CLC (AD)
.... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ......ould be granted in this case or not. 5. It appears that the learned Single Judge found that the plaintiffs have a prima facie case for temporary injunction as from the report of the Sanitary Inspector it appears that the dust and sound from the said Mill will cause health hazards to the re...... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ...... we are reluctant to interfere with the interlocutory order of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 70 ..Category: Civil Law | Date: | Hits: 95
Bangladesh Road Transport Corporation Vs. Aminur Rahman & another, 1995, 24 CLC (AD)
..... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ......Technical) Bangladesh Road Transport Corporation. Training Institute, Joydebpur, Gazipur, impugned the order of his removal from service alleging, inter alia, that because of his activities as the General Secretary of the Officers Association of the Corporation. He was disliked by the authoritie....... 7. In the circumstances, we do not think it to be a fit case for interference. The Petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 66 ..Category: Employment/Service Law | Date: | Hits: 101
Sirajul Islam (Md). Alias Siraj Madbar and others Vs. Keramat Ali Bhuiyan & ors, 1995, 24 CLC (AD)
....Advocate-on-Record ‑ For the Appellant. Abdul Hamid Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on‑Record ‑For Respondent No. 1. M Sharnsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate‑on‑Record-For t......ned transfer. In the result, the appeal is allowed and the impugned order of the High Court Division is set aside. Ed. This case is also reported in: 47 DLR (AD) (1995) 64 ......209; For the Appellant. Abdul Hamid Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on‑Record ‑For Respondent No. 1. M Sharnsul Alam, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate‑on‑Record-For the Respondent No.2&nbs......ahidullah has next submitted that the application for transfer was a motivated one since the informant himself was a fugitive from justice as an accused in another criminal case arising from Palong Police Station pending in the same Court of Sessions Judge, Shariatpur and that by getting this cas..Category: Criminal Law | Date: | Hits: 67
Afia Khatoon Vs. Mobasswir Ali and others, 1995, 24 CLC (AD)
....o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......o oppose their prayer for quashing of the proceeding against them. 15. For the reasons this petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 62 ......p; ATM Afzal J: This petition, by an unusual petitioner, arises out of an unusual Criminal proceeding where Police in the name of further investigation made the informant and witnesses of the case accused in..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....kistan, 19 DLR (SC) 403; Mir Abdul Baqi Baluch vs. Government of Pakistan, 20 DLR (SC) 249; Messrs Faridsons Ltd. vs. Government of Pakistan, 13 DLR (SC) 233. Lawyers Involved: M Shamsul Alam, Deputy‑Attorney General, instructed by Sharifuddin Chaklader, Advocate‑on-Record ‑For the Ap...... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......) 403; Mir Abdul Baqi Baluch vs. Government of Pakistan, 20 DLR (SC) 249; Messrs Faridsons Ltd. vs. Government of Pakistan, 13 DLR (SC) 233. Lawyers Involved: M Shamsul Alam, Deputy‑Attorney General, instructed by Sharifuddin Chaklader, Advocate‑on-Record ‑For the Appellant. Amirul......ition). 5. In the midnight following. at 0.45 hours (21.3.93), the detenu was arrested under section 54 Cr.P.C. and thereafter produced before a Magistrate with a written allegation by the Kotwali Police of espionage against him and stating further that the higher authorities had already directed..Category: Constitutional Law | Date: | Hits: 185
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..Category: Property Law | Date: | Hits: 51
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....andoned property on the allegation that he left for Pakistan during the war of liberation in 1971 and also praying that the lease be granted to him on proper rent. On 15.11.82 respondent No. 3, the Deputy Commissioner, Bogra declared the premises in dispute as abandoned property and allotted to ......3. 2. The appellants' case, in brief, is that they are brother and sister. Their parents were married on 30.6.61 at Bogra. At the time of marriage their mother Syeda Begum was serving as an Inspector of Customs and Excise and their father Syed Mohammad Azam was also serving an Inspector o...... June 26th, 1994. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by M Nawab Ali, Advocate-on-Record- For the Appellants. AW Bhuiyan, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record-For Respondent Nos. 1‑3. Mansur H...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
State Vs. MA Malik, 1995, 24 CLC (AD)
....d 28 August, 1994 passed by a Division Bench of the High Court Division in Criminal Misc. Case No.1402 of 1994 enlarging the accused‑respondent on anticipatory bail to the satisfaction of the Deputy Commissioner, Sylhet and further directing him to surrender before the Court below within 14......onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......lip;………………….Accused‑Respondent Judgment September 5th, 1994 Lawyers Involved: AW Bhuiyan, Addition Attorney‑ General, instructed by B Hossain, Advocate‑on‑Record-For the Petitioner. Kh. Mah......it in the Family Court, Sadar, Sylhet, Family Suit No.14 of 1993 for dissolution of the marriage. 4. The Deputy Commissioner sent the petition to the police station for necessary action and Police on 2.3.1993 started the aforesaid case against the respondent. The learned Judges were infor..Category: Criminal Law | Date: | Hits: 64
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....al decision long ago for acquisition under section 5 of the Ordinance and the lands vested in the Government under section 11 of the said Ordinance as the compensation money has been deposited by the Deputy Commissioner in the public account on 25.11.1989. He showed the relevant chalan to us. Se......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate‑on‑Record‑For the Appellant. AW Bhuiyan, Additional Attorney‑General, instructed by B Hossain, Advocate–on– Record‑For Respondent Nos. 1 & 4. Ziaur......arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
.... appeal is dismissed. Lawyers Involved: Rokonuddin Mahmud, Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate‑on‑Record ‑For the Appellant. Amirul Kabir Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on‑Record ‑For the Respondent. ......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......ed. Lawyers Involved: Rokonuddin Mahmud, Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate‑on‑Record ‑For the Appellant. Amirul Kabir Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on‑Record ‑For the Respondent. Criminal Appeal ......found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ..Category: Criminal Law | Date: | Hits: 76