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Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......n one month's notice or on payment of one month's pay in lieu thereof. The learned Advocate referred to Regulation No.11(3) of Sonali Bank Employees Service Regulations, 1981 which provides that "the appointment by direct recruitment of an employee other than an officer, shall be on temporary basis ..Category: Labour and Industrial Law | Date: | Hits: 137
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
.... 1 of 2006. Result The appeal is allowed. Where there is reasonable possibility of the defence plea being true and the prosecution has not proved the case beyond reasonable doubt by adducing independent witnesses, the accused persons are entitled to get acquittal. Even if there are elements......s discharged from her bail bond. 17. Send down the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: | Hits: 95
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......lementary affidavit-in- opposition filed by respondent No.1 that the President of NASCIB, Kishoreganj district committee filed an application dated 5.9.2010 to the Director of Trade Organizations for appointment of an Administrator (annex-2). In the said application allegations of gross illegality a..Category: Civil Law | Date: | Hits: 114
Md. Raqib Sheikh Vs. State, 2005, 34 CLC (HCD)
.... miscarriage 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. He said that the deceased told her that she was not ready to carry the child at......or one month. Send 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: 15 BLT (HCD) (2007) 57. ..Category: Criminal Law | Date: | Hits: 69
Badsha Alam Vs. State, 2006, 35 CLC (HCD)
....not sustainable in law. 28. The prosecution has failed to prove the misappropriation of wheat to the amount of Taka 20,187.52 beyond reasonable doubt and that the prosecution failed to produce any independent evidence to substantiate the case of the prosecution. 29. The learned Divisional Spec......urably acquitted. The accused Badsha Alam who is currently on bail is discharged from his bail bond. Send down the L.C.R at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 21. ..Category: Criminal Law | Date: | Hits: 76
....At one stage during the war of liberation he (Tajul Islam) died in a battle against Pakistani occupation army at Chhagalnaiya EPR Camp, Feni.
5. Bangabandhu Sheikh Mujibur Rahman, the architect of independent Bangladesh wrote two letters of condolence to his (Tajul Islam’s) father Nur Ahmed sin......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
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Category: Others | Date: | Hits: 103
Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)
....salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ......(MPO) of May, 2005 (Annexure-C) should not be declared to have been made without lawful authority and is of no legal effect. 2. It has been stated in the writ petition that the petitioner, getting appointment as Clerk-cum-Accountant of Philip Nagar Maricha Degree College, joined in the said Colle..Category: Employment/Service Law | Date: | Hits: 119
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....P.W. 2, 4, 5 and 6 are plaintiffs father, brother and other relatives and P.W.3 is his day labourer. So it appears, all the P.Ws. are interested witnesses and the plaintiff also failed to produce any independent witness in support of his case for proving the agreement as well as taking of possession......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..Category: Property Law | Date: | Hits: 103
Shahid Mia and another Vs. State and another, 2007, 36 CLC (HCD)
....P.W.1 stated that accused Shahid had not disclosed to them the name of any other accused. None of the witnesses deposed implicating accused appellant Kashem. Thus the prosecution failed to adduce any independent evidence to state that the accused Kashem snatched the money and fled away. The alleged ......lants are released from their respective bail bonds. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 303. ..Category: Criminal Law | Date: | Hits: 83
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....e for securing the ends of justice……………….(18) The Code of Criminal Procedure, 1898 (V of 1898); section 103 The search and seizure of any matter must be conducted in presence of two independent witnesses and in the absence of independent witness the evidence are not credible and ad......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Criminal Law | Date: | Hits: 109
Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)
.... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ......us Affairs of the Government of Bangladesh for removal of the petitioner from the office of Mutwalli of the Waqf Estate and that in the petition so filed before the Minister there was also prayer for appointment of receiver in respect of the property of the Waqf Estate till finalisation of the proce..Category: Trust/Waqf Law | Date: | Hits: 85
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....abandhu, they and their party protested the illegalusurpation of power by the military authorities and the killingof Banabondhu. Lt. Colonel Abu Taher BU wanted to fromand organize a new army for the independent Bangladesh,wiping out the pattern, the colonial rulers established and leftbehind as the...... paragraph no. 3 of the Special Martial Law TribunalRegulation, 1976 (Regulation No. XVI of 1976) with Mohammad Abdul Ali, Magistrate First Class, Dhaka Sadar(South) as one of its Members. Before his appointment as a Member of the Tribunal, I as the District Magistrate, Dhaka was never consulted nor..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......ntiff as sebait of the Deity by the deceased sebait Keshab Das, was legal. In the facts of the given case, it was decided that the temple is a private debtor property and not a public debtor, and the appointment was legal. In G. Shastri's Hindu Law, 8th Edition at 656-57, the author while dealing wi..Category: Civil Law | Date: | Hits: 104
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....in the year 2009 but Mr. S.M. Moniruzzaman, the learned Attorney-General on the date of pronouncement of Judgment by filing a power opposes the Rule. His bone of contention is that section 37 is an independent section which deals with the penal provisions and can be resorted by the VAT authority i......tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......to say,- Section 9. Section 91 and 92, Sections 94 and 95 so far as they authorize or relate to, - (i) orders for the attachment of immovable property, (ii) injunction (iii) the appointment of a receiver of immovable property, or (iv) the interlocutory orders referred to in ..Category: Civil Law | Date: | Hits: 94
Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)
....ving the controversy. It committed a serious error in presuming the guilt of convict-appellants and trying, thereafter, to find out the other reason to justify such a conclusion without an objective, independent and impartial analysis or assessment of evidences and materials brought on record before......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..Category: Criminal Law | Date: | Hits: 83
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ecessary documents are presented to it.………………………..(13 & 14) As soon as the letters of credit are established between the issuing bank and the negotiating bank, it becomes an independent agreement between the two banks, neither the seller nor the buyer has any privity to tha......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..Category: Business or Commercial Law | Date: | Hits: 365
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... plan (not approved) and that portion which was not so included, notwithstanding that the building as a whole was constructed without approval. 43. The respondent No.2, RAJUK, also filed its own, independent, pleading to put on the slide the following assertions; BGMEA building was erected in co...... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 642
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ......pinion that the offence of cheating has not also been disclosed. Admittedly, the relationship between the accused party and the complainant was that of master and servant under a contract namely, the appointment letter of the complainant, and even if the allegations made in the petition of complaint..Category: Employment/Service Law | Date: | Hits: 238
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....d as the FIR of the case and the FIR should have been treated as 161 statement. 3) There is no eye witness to the alleged occurrence and the prosecution failed to prove the charge by producing any independent and natural witnesses. 4) The confessional statements of the appellants recorded by t......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
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