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Mobarak Hossain alias Mobarak Vs. State, 2004, 33 CLC (AD)
....ty under section 6(3) of the Ain and sentenced them in the manner as stated hereinabove. 7. All the 5 convicts preferred appeal before the High Court Division. The High Court Division on independent discussions and consideration of the evidence on record arrived at the finding that &quo......titioner and other convicts unsustainable in law we find no reason to interfere with the judgment and order sought to be appealed. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: 24 Mar, 2003 | Hits: 121
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ......ubstantive posts. 10. In the case of Narendra Chanda vs Union of India reported in AIR 1986 SC 638 the continuous 15 years' officating service though recorded under an irregular appointment was counted for seniority and continuity of service. 11. In the cas..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ......harsh, burdensome and wrongful conduct were accepted as being situations covered by the section. The case covered the powers of the managing director, the holding of annual general meeting and the appointment of auditors. The court gave appropriate directions to deal with the situation complaine..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....nd, as such, the judgment and decree of the High Court Division is liable to be set aside. The learned Advocate submits that the positive findings of the High Court Division is that there is no other independent witness to support tender of balance consideration money not to speak of payment of Subo......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....o sell the hypothecated goods at first and then upon adjustment of the, sale proceeds is to go for realisation of the balance, if any, by instituting a suit. The rights of the pawnee are distinct and independent of each other and the exercise of the first one is not conditioned by the second one. Th...... allowed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 121. ..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....be held to be in possession of any arms. Furthermore, the complicity of the appellants, other than the statement of the co‑accused which is inadmissible in evidence, has not been established by independent witnesses. 9. Under the aforesaid facts and circumstances of the case and i......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ashi, Kumar vs. Nagendra Nath 1982 BLD 36 paragraph 8, it has been decided, inter alia, as follows: "In this regard the court has ample authority to determine issues to title, independent of the partition, that are necessary for the purpose of allocating the respective shares......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ......th August 1999 whereby distributorship of the petitioner was allowed for a further period of 2 years with effect from 1st day of September 1999 to 31st day of August 2002 with a rider clause that the appointment will be automatically renewed for such further period if not terminated by any of the pa..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
....d and another …………….Respondents Judgement November l9, 2002. Letter of Credit It becomes an independent agreement between the issuing bank and the negotiating bank as soon as the letter of cr......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....(3) of the Evidence Act the credit of a witness may be impeached by proof of former statement, oral or in writing, inconsistent with any part of his evidence which is liable to be contradicted, Since independent proof of a former inconsistent statement may be given, it follows that the PW 1 may in c......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......to prevent the abuse of process of Court." 8. In the case of Mrs. Nurun Nahar vs. Mahammad Fazlur Rahman reported in 27 DLR (AD) 103 on a question which arose as to whether an appointment of a receiver of a car till disposal of the suit for recovery of a motor car pledged by ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....licity of the offender in the commission of the alleged offence. The evidence of an expert cannot alone be treated and used to form basis to find an accused guilty and to form basis of his conviction independent of the substantive evidence of the P.Ws. in the case. Expert evidence is a strong corrob......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
.... 9. Mr. Abdur Razzak Khan, the learned Additional Attorney-General, appearing for the State, on the other hand, submits that the Advisory Board constituted under section 9 of the Act is an independent body and government has no control or mechanism to control its functioning. He submits t......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....ers ……………………. Respondents Judgment July 27, 2002. The Evidence Act, 1872 (I of 1872), Section 79 (i) If a witness is found reliable, independent, non-partisan or disinterested then the evidence of such single witness can be taken as......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....d appellant, the Bishesh Adalat committed illegality in convicting the accused appellant under section 10(2) of the aforesaid Act. He further submits that there having been no consistent evidence and independent witness to Substantiate or prove the prosecution case and that all the prosecution witne......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....herwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition is dismissed. Ed. ......ghat. Sylhet till receiving of instruction, which has already been sought for, from the Ministry of Land since cancellation by the Central Committee of Jatiyo Motshajibi of the previous Committee and appointment of new President has given rise to some difficulties in the management of the Jalmahal.&..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
State Vs. Harish, 2002, 31 CLC (HCD)
....ional statement of the accused if it is found to be voluntary and true. The law in this regard is that though there is no compulsion under the law that a confession need be materially corroborated by independent witness on record yet it is prudent that a court should look for it. Therefore, we have ......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....aw Minister. It is, therefore, contended that a reader is bound to reach two conclusions, Judges take bribes and the Government interferes with the administration of justice and so the judges are not independent in performance of their functions. Reading the report a reader with a reasonable frame o......esirable effect of prejudicing the party whose version is not placed before the public, the same would be punishable for contempt. (iv) That the criticism without any malice directed against the appointments of the Judges superior Courts on the ground that the same are made on political conside..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....ot support the prosecution case and, in fact, she made no allegation of rape against the Appellant No. 1 and the inmates of the house, where alleged occurrence took place, the prosecution case and no independent neighbouring witness proved the occurrence and the medical certificate, claimed to have ......llants be set at liberty at once, if not wanted in connection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ..Category: Women and Children | Date: 4 May, 2002 | Hits: 83
Alam (Md) & another Vs. State, 2002, 31 CLC (HCD)
....der neutral judicial custody from 1-3-2000, she preferred to give testimony as a defence witness and accordingly, when she was in jail custody she gave testimony on 18-5-2000 which appears to be more independent reflecting her voluntary involvement in the occurrence. We have also seen that the evide...... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298...Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82