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Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ......o seven years or with fine or with both and the pecuniary resources or property to which the criminal misconduct relates may also be confiscated to the Sate. Section 3 of the Act of 1958 provides for appointment of Special Judge to try and punish offences specified in the schedule to the Act under t..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

.... Banker and Portfolio Manager) Regulations, 1996 whereas the aforesaid regulation does not attract the petitioner as it was neither a Merchant Banker nor a Portfolio Manager, rather it acted as an independent company to provide the required financial advi­sory/consultancy/management services to...... In the result, the Rule is discharged. Communicate the judgment and order immediately to the parties concerned. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 57. ..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)

....periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......ion in Science Group in the 2nd Division and H.S.C. examination in Science Group in the 2nd Division and as such there is no scope to hold that the petitioner had no requisite qualification to get appointment to the post of Aircraft Mechanic. In this way the first party-petitioner was deprived o..

Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

.... the people of their locality. They debate the various measures proposed by the Government, exposing the defects therein. 27. The end of the two great world wars saw emergence of a number of new independent countries, many of those, if not all, are republic in character. 28. Bangladesh owe......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)

....g search and the purposes is to en­sure that the testimony given in Court with regard to the result of a search should not de­pend upon the police officer alone, but also upon the evidence of independent witnesses of the locality and all possibility of false im­plication in the case of s......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..

Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ...... is liable to be cancelled and set aside and for declaration that the plaintiff be deemed to be in her service and also for permanent injunction against the defendants restraining them from giving appointment to any body to her post. 3. Facts of the case of the plaintiff, in short, inter al..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

Jabbar and others Vs. State, 2005, 34 CLC (HCD)

.... judgment and or­der. He submits that the prosecution failed to prove the charge against the appellants be­yond all reasonable doubt adducing cogent and convincing evidence. No disinterested and independent witness was examined in support of the prosecution case. The appel­lants as co-village......d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

.... BTTB". It may be mentioned here that BTTB has already been operating as such in the said area. 12. Meanwhile, the Bangladesh Tele­communication Act, 2001 (Act No. XVIII of 2001) establishing an independent Commi­ssion for the purpose of development and efficient regulation of Telecommunicatio...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)

.... "67…………Local Government, as a concept and as an institution, was already known to have possessed certain common characteristics, namely, local elections, procedure for public accountability, independent and substantial sources of income, clear areas for independent action and certainty of p......85), three tiers of local Governments were established, District Boards for the districts excluding the Municipal areas, Local Boards consisted of five to nine elected members with the provisions for appointment of other members by the Divisional Commissioner. The members elected a Chairman from amo..

Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343

Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)

....iscarriage has been well established. At his instance miscarriage was done. 30. But from the evidence of P.W.5 we find that the deceased wife was a consenting party. P.W.5 is a disinterested and independent witness. She said that the deceased told her that she was not ready to carry the child a......wn the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 568.     ..

Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1

Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)

....ltana Vs. Shahajahan Ali, reported in 38 DLR 140 in support of his submission. He further contends that the defendant examined himself, his father and his uncle in support of his case and there is no independent corroboration. 9. Perused the judgments of both the Courts below, the evidence and ......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ..

Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169

Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)

....the complainant. Thus, they are partisan witnesses and there also remains enmity between the petitioner and prosecution witnesses. Moreover, the testimony of such witnesses is not corroborated by any independent and reliable witnesses. Where the prosecution witness stands in a state of hostility wit......petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718.   ..

Category: Family Law | Date: 4 Jul, 2005 | Hits: 2

Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)

....t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is af­firmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......shahi Sadar in Other Class Suit No.87/2004 should not be set aside. 2. Facts giving rise to this Rule in short is that the petitioner as plaintiff instituted the suit for declaration that the appointments of 546 employees (3rd & 4th class) are illegal, collusive, inter alia and against ..

Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7

Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)

....bsp;                       This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......ling upon the respondents to show cause as to why the impugned order vide Memo. No.48/2002/C dated 15.01.2002 passed by the Respondent No.3 and the letter issued by the Respondent No.6 cancelling the appointment of the petitioner from the post of Assistant Superintendent of Doho Shuho Dakhil Madrash..

Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3

Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)

....on system and the NOC cannot be treated as a substitute of the licence. The Ministry of Information has not yet granted any licence to the JTV. 16. It is further stated that the Commission is an independent statutory body and is not bound to grant allocation of frequency and licence until and u......uccession and a common seal. Under section 7 of the Act, the Commission shall comprise of five commissioners with one of them to be appointed by the government as the chairman. Section 9 provides for appointment and tenure of commissioners; section 10 describes the qualifications and disqualificatio..

Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

....rial documents is given and his evidence might be taken into consideration in view of circumstances of the case. B. Circumstances coupled with statement of accused Belal. Exhibit 3 if considered independently, it could be said that it was none but the accused Mahbub killed Nilufar and Mahbub pl......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513.   ..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)

....refore, not correct to reject the prosecution version only on the ground that all witnesses to the occurrence have not been examined, nor are it proper to reject the case for want of corroboration by independent witnesses if the case is made out otherwise 39. From the circumstances and evidence......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..

Category: Evidence Law | Date: 16 May, 2005 | Hits: 4

State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)

....fessional statement not in connection with the occurrence itself but in connection with alleged collection of arms on a subsequent date. The confessional statement was not sup­ported by any other independent materials. The witnesses were examined on two dates by the police under section 161 of t...... the ac­cused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law.  Ed. ..

Category: Criminal Law | Date: 16 May, 2005 | Hits: 105

Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)

....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, dis­missed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......9.76 and on 17.12.76 respectively and the writ petitioner Md. Abdus Salam of Writ petition no. 5362 of 2000 was appointed on 17.12.76 as the Assistant Engineer (Civil) of Road and Highways. All these appointments were on ad hoc basis for six months or till regularization of service by the Public Ser..

Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119

Montu and others Vs. State, 2005, 34 CLC (HCD)

....s but credibility should be tested in the touch stone of the broad probabilities of the case. In this case this witness is a most natural witness in whose presence the occurrence took place and other independent witnesses corroborated his evidence. 37. P.W.3 Jamila Khatoon is the eye‑witness ......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504.   ..

Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1