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Abdul Hannan Vs. State, 2008, 37 CLC (HCD)
....l confession………………………(42) Extra-judicial confession made before a person in authority cannot be relied upon as evidence without any independent corroboration…………………….(43) ......ll in error in arriving at faulty conclusion on illegal and irrelevant consideration. The impugned judgment, indeed, occasioned failure of justice. 74. Now we turn to the law point as regard non-appointment of State defence on behalf of absconding accused persons. 75. There is no denying o..Category: Evidence Law | Date: 29 Jun, 2008 | Hits: 175
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ......ct, 1994; (c) the Bank in issuing and publishing the notices of the 20th, 21st and 22nd AGMs shall include therein the agenda of ratification and confirmation of Directors and the confirmation of appointment of Auditors and their remuneration; (d) bearing in mind the directives and conditions ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Mohd. Showkot Ali Vs. National Board of Revenue and others, 2008, 37 CLC (HCD)
....st the petitioner was therefore serious misuse and abuse of the cognizance power of the Court. During emergency, what is happening today even after the sub-ordinate judiciary was made separate and independent of the executive could not be conceived of earlier. 11. For the reasons stated, c......l authority and as such, of no legal effect and is accordingly, quashed for the ends of justice. Communicate at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 455. ..Category: Criminal Law | Date: 18 May, 2008 | Hits: 3
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....simple suit for permanent injunction was not maintainable and the plaintiffs ought to have instituted a suit (sic) establishment of their title. The learned Judge of the High Court Division upon independently examining the facts of the case similarly case (sic) to the finding that a disput......s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Kazi Ramimul Islam Vs. State, 2008, 37 CLC (HCD)
....er person to whom the accused Niranjan went to realise the sale proceeds of ornaments. The evidence of such partisan and interested witness cannot be relied upon without any corroborating evidence of independent witnesses which also may not inspire the confidence in the mind of the Court. 80. In ......ul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of Judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6. ..Category: Women and Children | Date: 4 May, 2008 | Hits: 151
Kazi Ranimul Islam Vs. State, 2008, 37 CLC (HCD)
....er person to whom the accused Niranjan went to realise the sale proceeds of ornaments. The evidence of such partisan and interested witness cannot be relied upon without any corroborating evidence of independent witnesses which also may not inspire the confidence in the mind of the Court. 80. In ......imul Islam is discharged from his respective bail bond. Send down the lower Court records along with a copy of judgment expeditiously. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 6...Category: Women and Children | Date: 4 May, 2008 | Hits: 8
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......ladesh Water Development Board is an autonomous semi- Government Organization and its employees are not Government employees. He also submits that the plaintiff is a casual employee and got temporary appointment to the post of regulator Khalashi, a labor, under the defendants and his grievance can o..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....f Bangladesh. He further submits that the petitioners are not holding any public office. 20. He further submits that for the purpose of determining the character of a public office it must be an independent, substantive statutory office and the persons who are holding the public office they m......can challenge under Article 102(2)(b)(ii) of the Constitution regarding the legality and validity of a person in holding the public office. 27. Let us see what is the requisite qualification for appointment of Senior Planner under the Rules. 28. It appears that the recruitment for the post o..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Farid Miah (Md.) Vs. State, 2008, 37 CLC (HCD)
....her submits that prosecution hopelessly failed to prove the ingredients of sections 392/411 of the Penal Code against the appellant beyond any shadow of reasonable doubt by adducing disinterested, independent and eyewitnesses of the occurrence and, as such, the impugned judgment and order of c......t Md. Farid Miah be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 903. ..Category: Criminal Law | Date: 14 Feb, 2008 | Hits: 5
Mostafa alias Masta Vs. State, 2008, 37 CLC (HCD)
....here is no sign of rape and of bite. Thus the prosecution has totally failed to prove the allegation of rape and bite by any documentary evidence. 32. It is the allegation of the defence that no independent and disinterested witness has been examined in support of the prosecution case and that ......stafa alias Masta be set at liberty forthwith if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 894. ..Category: Women and Children | Date: 16 Jan, 2008 | Hits: 27
....omes due after such final assessment is paid in cash within a period of two months of receipt of this order.
Communicate at once.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007) 555.
......rtification by approved pre-shipment agency, the notification being SRO No.316 dated 19.10.99 was published, naming it as the Pre-Shipment Inspection Order, 1999. In such Order, everything right from appointment and service of pre-shipment agencies and resolution of disputes that may arise out of su..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2007 | Hits: 66
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....pugned judgment and order passed by the learned Additional Sessions Judge need to be interfered. Learned Advocate further submits that the learned Judge failed to consider that prosecution through independent and disinterested witnesses has been able to prove the charge against the accused oppos......7-2003. In the result, this Rule is discharged. Communicate this order at once. Send down the lower Court records. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 849. ..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
Isahaque Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
.... in passing the impugned judgment and order of conviction and sentence which is based on mere surmises and conjectures and without any specific corroboration of the evidence by any reliable and independent witnesses. Hence, the impugned judgment and order of conviction and sentence should be......e, who are already on bail by this Division, are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 354. ..Category: Criminal Law | Date: 16 Aug, 2007 | Hits: 9
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....pon informant and in cross-examination he stated that he did not find the fence of the hut of informant was cut or open which belied the entire prosecution case. The withholding and non-production of independent material witnesses create a serious doubt on the prosecution case which lends suppor......ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
Md. Abdul Mannan and others Vs. Ministry of Education and others, 2011, 40 CLC (HCD)
....relief in accordance with law. With the aforesaid observation, the application is disposed of without any order as to cost. Ed. This Case is also Reported in: 20 BLT (HCD) (2012)565. ......r Rahman J.- This is an application under Article 102(2)(a)(i) of the Constitution. In this application, the petitioners are three teachers of the Shibgonj M.H. Degree College and have challenged the appointment of the respondent No.3 as Principal on the ground of wanting of required academic qualif..Category: Employment/Service Law | Date: 23 Jul, 2007 | Hits: 26
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
....laimed to be tried. 8. At the trial, prosecution in all examined 18 witnesses while the defence examined none. Out of the 18 witnesses as examined by the prosecution, 13 P.Ws. are local public and independent witnesses and remain 5 P.Ws. are official witnesses. The local public and independent wi...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
.... case, and, also, according to the particular circumstances of the offence charged. But to this extent Rules are clear which are catalogued hereunder: a. It is not necessary that there should be independent confirmation of every material circumstances in the sense that independent evidence in t......ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......the order sheet, he submits that the State defence lawyer was appointed on the spot when examination-in-chief of P.W.1 had already been recorded and that the State defence lawyer on getting such appointment abruptly concluded cross-examination of the six P.Ws. on that very day without getting a..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....f the occurrence of the shooting, she saw the victim being chased by the accused persons, which was a prelude to the occurrence and supports the prosecution case. She then points out that P.W.5 is an independent local witness, who saw the occurrence from the beginning to the end and he was examined ......mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....e petitioner company lodged two separates insurance claims totaling an amount of Tk. 1,67,09,937.00 with the Sadaran Bima Corporation. The loss, caused by the aforesaid fire, was surveyed by two independent surveyors at the instance of the insurance company and on proper inquiry the surveyors s....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
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