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Amena Meher Vs. Md. Abdul Kader and others, 2014, 43 CLC (HCD)
..... The office is directed to communicate this order to the Joint District Judge, 2nd Court, Pabna for compliance. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 61 ......usive possession got the same mutated in his favour. During pendency of the pre-emption proceeding the appellant filed an application under Order XL, rule 1 of the Code of Civil Procedure praying for appointment of a receiver in respect of the litchi bagan situated over the disputed land, claiming t..Category: Civil Law, Procedural Law | Date: 19 May, 2014 | Hits: 3
Beautiful Bibi Vs. Md. Sydur Rahman, 2014, 43 CLC (HCD)
.......(52-54) Although the fact of solemnization of the marriage before registration was not stated in the plaint, the statement of the PWs on this aspect are definitively corroborated by the independent and credible evidence as recorded in the DNA test Report. So the evidence the PWs a....... The photocopies of the said deposition and the Exhibits X, X (1) and X (2) attested by the Bench officer shall be retained. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 1 ..Category: Women and Children | Date: 19 May, 2014 | Hits: 29
State and another Vs. Abdul Kader @ Mobile Kader and others, 2014, 43 CLC (AD)
....o a third party after the conspiracy was no longer operating and had ceased to exist, is admissible against the other party. Such statement, however, may be used to lend corroboration with other independent evidence on record under section 30 of the Evidence Act to prove an offence. There is, t...... under sections 302/120B of the Penal Code and he be released from Jail at once, if not wanted, in connection with any other case. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 6. ..Category: Criminal Law | Date: 14 May, 2014 | Hits: 16
State Vs. Faisal Morshed Khan and another, 2014, 43 CLC (AD)
....epartment which indisputably passed an order on the assessment of valuation. The assessment of valuation made by the Income Tax Department has legal validity which should not be questioned by another independent government department unless the Income Tax Department reviews its own assessment. There......ccordingly, both the criminal petitions for leave to appeal are dismissed with the observation made in the body of the judgment. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 236. ..Category: Anti-Corruption Laws | Date: 5 May, 2014 | Hits: 8
Md. Abul Bashar Vs. Government of Bangladesh, 2014, 43 CLC (HCD)
....l effect. The order of stay granted earlier is hereby vacated. There would, however, be no order as to cost. Md. Badruzzaman J. - I agree Ed. This Case is also Reported in: ...... retired from the said post on 01.01.2008. The post of Nikah Registrar thus fell vacant on account of retirement of the petitioner’s father. The local Chairman requested the Respondent No.3 for appointment of the petitioner as Nikah Registrar for the said Union. The petitioner having requisite..Category: Administrative Law, Constitutional Law | Date: 4 May, 2014 | Hits: 5
....ion in that respect.
In view of the above, we find no merit in the leave petition.
Accordingly, the same is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 138.
......cted for the post and on 21-5-1985, CTL authority issued an offer letter. The writ-petitioner having accepted the offer letter joined the service on 1-6-1985 and on 10-6-1985, CTL authority issued an appointment letter to him. The writ-petitioner underwent probationary period for 1(one) year as per ..
Category: Employment/Service Law | Date: 4 May, 2014 | Hits: 7
Ibrahim Vs. State, 2014, 43 CLC (HCD)
.........(44) Background of Enmity & Chance Witnesses When there is a background of enmity and the witnesses are chance witnesses and not natural witnesses and further natural and independent witnesses were not produced, it is unsafe to rely on the evidence of chance witnesses to......m be set at liberty if not detained in any other case. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 289 ..Category: Evidence Law, Women and Children | Date: 16 Apr, 2014 | Hits: 17
....from April 2011, within 2(two) weeks from the date of receipt of this judgment.
Communicate copies of the judgment at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 46.
......oner was appointed as MLSS of Lohagara Upazila Central Cooperative Association Limited, Narail (shortly 'UCCA') under Bangladesh Rural Development Board (shortly 'BRDB') by appointment letter dated 10-5-2005 and she was serving in the said post with sincerity and honesty t..
Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2014 | Hits: 6
Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)
....mpugned judgement and order is set aside. Saber Hossain Chowdhury is exonerated from the charge leveled against him. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 208. ......er the inquiries were made, but also expressed the personal opinion of the reporters which has tarnished the image of the judiciary and lowered the dignity of the Judges as well as the system of appointment of Judges and hence also the justice delivery system. 13. In reply Ms. Sara H..Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16
Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)
....011 and letter No. SEC/SRMIC/95-299/384, dated 12-2-2012; that in the Notification dated 7-12-2011, the Respondent No. 4 has clearly stated that the 2% share holding requirement was not applicable to independent/nominated directors of any listed company; that subsequently, in the letter dated 12-2-2......me of admission of this petition is hereby vacated. The parties will bear their respective cost. This Case is also Reported in: 66 DLR (HCD) (2014) 234 ..Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....l Petition No.274 of 2001, the respondents did not file any petition in the trial Court for awarding compensation pursuant to the dismissal of the suit for injunction. They also did not file any independent suit for damages or compensation after the dismissal of the suit for injunction. Section......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
....nder subsection (1)".
34. It can be noted here that as per section 24 of the Anti-Corruption Commission Act, 2004, "Subject to provisions of this Act, the Commission shall be independent in the performance of their functions under this Act".
35. We stress that inse......ffect.
There is no order as to costs.
Office is directed to communicate the judgment forthwith.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 191
..
Category: Anti-Corruption Laws | Date: 30 Jan, 2014 | Hits: 5
....n Mahmood alias Iqbal Hasan Mahmood Tuku and another...........Respondents
Judgment
January 27, 2014.
Result:
This petition is disposed of.
Section 27 is an independent provision and for initiation of a proceeding against any person under the provision......anded to the High Court Division to dispose of the appeal on merit afresh. This petition is disposed of.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 185.
..
Category: Anti-Corruption Laws | Date: 27 Jan, 2014 | Hits: 10
Abdul Quader Mollah Vs. Chief Prosecutor, International Crimes, Tribunal, Dhaka, 2013, 42 CLC (AD)
....s form of words'. Where on the scrutiny of evidence, one finds that on the whole the evidence is more false than true, it would be dangerous to act upon it. A witness is normally to be considered independent, unless he springs from sources which are likely to be tainted and he has no enmity......s of the Tribunal. What is more, the Act of 1973 and the Rules made thereunder provide for the jurisdiction of the Tribunals; the liability for the crimes; the constitution of the Tribunals; the appointment of the prosecutors and the investigation officers; the commencement of the proceedings; ..Category: International Crimes Tribunal Law | Date: 12 Dec, 2013 | Hits: 15
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ...... chairman and registrar of the Bangladesh Madrasah Education Board, the Respondent Nos. 3 and 4 respectively, to fully acquaint themselves with the facts and circumstances of the second round of appointment and termination of the petitioner as sought to be effected by the impugned order and dul..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......clamation that by changed service rules, the rights that had already been vested upon those employees who were appointed under a more advantageous service rules that existed at the time of their appointment, cannot be evaporated. In the instant case, clearly the petitioner’s right to..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
State Vs. Mostafizur Rahman and another, 2013, 42 CLC (AD)
....her maternal grandmother was proved to be false. So she was taken from her place of work at Mirpur on false pretences so that she could work in the house of accused Mostafiz. He found P.W.s 3-5 to be independent and disinterested witnesses and their evidence was corroborative. He also found that P.W......and findings given by Mohammad Anwarul Haque, J. Court's Order The appeal is dismissed by majority decisions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 218. ..Category: Criminal Law, Women and Children | Date: 18 Sep, 2013 | Hits: 7
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ......hid also contends that it is manifestly clear from the evidence and materials on record that the appellant being the Ambassador of Bangladesh to the UAE during the relevant period made a show of appointment of Jewel Miah and Selim Parvez as gardeners at his residence one by one by resorting to ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....the period between 04.11.2008 and 02.12.2012. The entire matter is in the seisin of the EC. The EC being a constitutional body must not be obstructed by the petitioners in discharging their functions independently. And the Rule dated 27.01.2009 cannot be disposed of at this stage, as doing so would ...... All India Railway Rec. Board Vs. K. Shyam Kumar, 2010, the Indian Supreme Court has applied the principle of Wednesbury unreasonableness as well as the doctrine of proportionality. The case involved appointment of some railway employees, where investigation done by the CBI (Central Bureau of Invest..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 10
....instituting or establishment or the members of any other profession;
Explanation: - Nothing shall be construed to prevent-
(a) the teachers, students, employees or labourers from organizing independently in their respective fields of forming association, society, trade union etc. and exerc...... post of Deputy Municipal Commissioner of the same Corporation with the recommendation of the Public Service Commission. While the name was under consideration by the Bombay Municipal Corporation for appointment a writ petition was filed by the respondent Nos. 1 and 2 challenging the recommendation ..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
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