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SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
.... 9. In view of our discussions made hereinabove we find no merit in this appeal. The appeal, accordingly, is dismissed. There is no order as to costs. Ed. ...............Respondents Judgment April 5, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 492 The government is legally authorised to terminate appointment of a Special public prosecutor out of necessity. Questioning legality of termination of..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....ation of the individual convict as distinguished from the case of the condemned prisoner and arrived at a finding in respect of the respective accused fixing individual liability while arriving at independent finding on material on record that the condemned prisoner was guilty of murder. This Di......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....ions against the Chairman shall have to be inquired into by a competent and neutral authority appointed by the Prescribed Authority, (Government); that the term "Misconduct comprises several independent and distinct offences as are known in the Penal Code as well as in the other Special C......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
State Vs. Anjuara Khatun, 2004, 33 CLC (HCD)
....racted and conviction for murder was based upon retracted confession alone. It has been hold that a retracted confession cannot be used to base a conviction for murder unless corroborated by credible independent evidence. In cited case the basis for awarding conviction was judicial confessional stat......Anjuara Khatoon is sentenced to imprisonment for life. Lower Court’s Record is sent down as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 277. ..Category: Criminal Law, Evidence Law | Date: 17 Feb, 2004 | Hits: 7
Wali Ahmed Bhuiyan Vs. Dr. Jahangir Hossain Bhuiyan, 2004, 33 CLC (AD)
....High Court Division in revisional jurisdiction and obtained the Rule. 5. The High Court Division upon observing that plaintiff in support of his case has examined himself alone and no other independent witness to corroborate his claim of bonafide requirement of the premises in suit. It was......h Court Division of the kind calling for interference by this Division, the petition lacks merit. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 11 Feb, 2004 | Hits: 209
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....deed in pre-emption proceeding is an out and out sale. F) Plea adopted by, vendor that valuation of transferred property would be taka 1,70,000/- also could not be proved on production of any independent witness. G) Decision rendered by Trail Judge did not rest upon examination of evid...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....ness cannot be thrown away when there is nothing in his evidence to consider him unreliable. It has also been submitted by the learned Counsel that prosecution in proving its case did nor examine any independent witness and the witnesses figured as eye‑witnesses of the incident are related to the ......dge, Mymensingh, to take steps in accordance with law in the light of the judgment passed by the said Court on May 3 1, 1998 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....y it which is incumbent under the provision of Order XLI, rule 31 of the Code of Civil Procedure. The appellate Court, as a final Court of fact, is legally obliged to draw its independent conclusions on all material points in issue upon consideration of evidence on record. On....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
....ed in limine as not being maintainable. The learned Advocate finally submits relying on the decision reported in PLD 1999 Karachi 281 that both the sections, namely- sections 46 and 76 of the Act are independent of each other and once an aggrieved party resorts to the forum of Registrar under the Ac......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... This Case is also Reported in: 57 DLR (2005) 248. ......e and appoint him Nikah Registrar. Thus the cited case, in the present context is not applicable; the petitioner's argument that there is no guideline for exercise of executive discretion for the appointment of Nikah Registrar is, therefore, also not tenable. 14. The next argument of the le..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Bangladesh Vs. Dr. Md. Tofajjal Hossain, 2006, 35 CLC (AD)
....ase was maintainable, the appeal is liable to be dismissed. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 59. ......ent did not file any review before the President in respect of the order of his dismissal from service does not arise. It is obvious that the President was the appointing authority and the order of appointment was issued by the Secretary of the Ministry concerned in accordance with provisions of a..Category: Administrative Law | Date: 10 Nov, 2003 | Hits: 164
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ......ated 26‑5‑2003 passed by the learned Sessions Judge, Rajshahi in Criminal Revision No.98 of 2003 allowing the same on setting aside the order dated 1‑2‑2003 of attachment of the case land and appointment of a Receiver therein, passed by the learned Chief Metropolitan Magistrate, Rajshahi in ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ision No. 72 of 1987 affirming those dated 14‑6‑1987 in NGR Case No. 132 of 1978 passed by the Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......7, 2003. The Code of Criminal Procedure, 1908 (V of 1898), Sections 145 & 146 Criminal Court exercising limited summary jurisdiction over possession of a property may regulate possession by appointment of a receiver and finally deciding possession of the parties. In case of failure to find..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)
....as such, it is reasonable that the medical officer who examined her could not notice any mark of rape on her body. He lastly submits that the prosecution is found to have proved its case by examining independent and disinterested witnesses who are none but the close neighbors and, as such, there is ...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162
Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)
.... as on the evidence of PW 6 who heard about the incident from PWs I and 3, convicted and sentenced the present petitioners and others in the manner as mentioned hereinover. The High Court Division on independent discussions of the evidence in respect of the individual appellant allowed the appeal of......terference is called for by this Division in respect to the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: 24 May, 2003 | Hits: 84
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)
.... when the agreement between the plaintiffs and the defendant No. 1 was entered into and the defendant No. 3 did not execute the agreement as Manager of plaintiff No. 1 and thus defendant No. 3 is the independent purchaser along with the plaintiffs; that defendant No. 3 is not the Benamder of the pla......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..Category: Civil Law | Date: 18 May, 2003 | Hits: 202
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
....asis of his agreement for sale in respect of the suit land. 17. In the instant suit for specific performance of contract the respondent Nos. 1-6 have no right to relief for setting up an independent claim of title to the land beyond the cause of action of the sui...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)
....hey did not live with Mr. Alam and deceased Alam lived in the 1st floor of 227 Alambagh of New Jurain under Shampur Police Station. The sons of the 1st wife of Mr. Alam had been passing their days by independent business and Mr. Alam appointed 1) Farida, 2) Monowara, 3) Kamola, 4) Sakhina, 5) Rahima......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..Category: Criminal Law | Date: 12 May, 2003 | Hits: 74
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....man has more than one establishment, and the employees of one establishment cannot be equated with the employees of other establishments of Biman, and that the employees of each establishment have an independent classifications, of themselves, and therefore the absorption of employees of separate es......rms and conditions of employment and the writ petitioners accepted the terms and conditions of employment. Bangladesh Biman Corporation (the Corporation) on April 27, 1993 issued individual letter of appointment to the writ petitioners. The writ petitioners signed their individual contract of employ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ......omotion but it is also true that an employee has a right to be considered for promotion which is a condition, of his service. Article 133 of the Constitution gives the authority power to regulate the appointment and service conditions of persons in the service of the republic. But it does not give p..Category: Others | Date: 24 Mar, 2003 | Hits: 87