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Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)

.... by an agreement in between the parties. The said Civil Suit is of such a nature that the present criminal proceeding is not dependent on the decision of that suit and it can be heard and disposed of independently. The proceeding under section 138 of the Negotiable Instruments Act appears to be quit......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ..

Category: Procedural Law | Date: | Hits: 128

Mahbubul Alam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Information and others, 2009, 38 CLC (HCD)

....writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ...... 2. Facts necessary for the disposal of the Rule, in brief, are that the petitioner was appointed as Producer of the Bangladesh Television with effect from 16-4-1980 on an ad hoc basis. His ad hoc appointment was regularized on recommendation of the Bangladesh Public Service Commission with effec..

Category: Administrative Law | Date: | Hits: 494

Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)

....es are attached, especially one of a more or less public character. An office or employment is an office or employment which is subsisting, permanent and a substantive position which has an existence independent from the person who filled it, which goes on and is filled in succession by successive h......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..

Category: Constitutional Law | Date: | Hits: 466

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......the contesting defendants that on getting notice from the plaintiff appointing Mr. Justice Abdur Rahman Chowdhury as its arbitrator and asking the Board to appoint its arbitrator or to consent to the appointment of Mr. Justice Chowdhury as the sole arbitrator, the defendant Board did not consent to ..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......which provides that there shall be as many Family Courts as there are Courts of Assistant Judge and the latter Courts shall be the Family Courts for the purpose of this Ordinance. 18. Further, for appointment of guardians, the Guardian and Wards Act, 1890 is still in force which is applicable to ..

Category: Family Law | Date: | Hits: 209

Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

.... and processed by the Police, they generally become very much interested to earn conviction upon a person under indictment for offence of illegal possession of arms and ammunition. Corroboration from independent source becomes imperative in carrying guilt to the door of accused-person and, also, bas......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ..

Category: Criminal Law | Date: | Hits: 125

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....e is to be thoroughly scrutinized by a searching eye and if after such scrutiny it is found that the evidence is not worth consideration, then it can be discarded. Court may also see whether there is independent corroboration of such evidence. But the Court cannot refuse to consider the same on the ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..

Category: Criminal Law | Date: | Hits: 75

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Bangladesh and others……………………………Respondents Judgment February 28, 2012. Result: The rules are discharged. When the appointments were made without following the rules and procedures and the same is also found in the ..

Category: Employment/Service Law | Date: | Hits: 148

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ...... filed the suit in 1969. It appears from the resolution of the meeting held on 23.5.1972 Braja Bala was not present. The life of the committee appears to have given by the learned District Judge till appointment of the Shebait and since the plaintiff has been able to prove that the dedication of pro..

Category: Property Law | Date: | Hits: 102

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ...... of the Ministry of Islamic Affairs of the Kingdom of Saudi Arabia from 1997 to 2008. Since the Petitioner was scheduled to go to the Kingdom of Saudi Arabia in July, 2009 he had also arranged for an appointment with a Thoracic Surgeon Mr. Simon Jordan of the Royal Brompton Hospital in London on 14...

Category: Constitutional Law | Date: | Hits: 147

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

....date subse­quent to the opening letter of credit. 14. In reaching the said conclusion, the provisions of sections 19 and 30 of the Customs Act were interpreted and it was held that section 19 was independent of the rate of duty mentioned in sections 18 and 30 and there was no connection between ....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)

....ot a "public servant" within the meaning of the expression in any of the clauses of Section 21 IPC. 46. Once it is accepted that “a person in the pay of the Government†connotes a specific and independent category of public servant other than “a person in the service of the Government†an......ind it profitable to quote extensively the reasoning of the above case as a member of our Parliament stand nearly on the same footing of a member of a Legislative Assembly in India does in respect of appointment, terms of office and remuneration etc. under the Constitution. In Ramesh Balkrishna Kulk..

Category: Fiscal/Taxation Law | Date: | Hits: 246

Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)

....udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......for special evidence i.e. admission of picture taken on camera and recorded version by police, as evidence, section 17 provides for applicability of Code of Criminal Procedure, section 18 relating to appointment of public prosecutor, section 19 provides for accountability as regard disposal of cases..

Category: Procedural Law | Date: | Hits: 84

Mir Daulat Hossain and another Vs. Secretary, National Sports Council and others, 1998, 27 CLC (HCD)

....ting Nuruzzaman as Treasurer of the Shooting Federation is also set aside and the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 561. ......g. It is further stated that the appointing authority having appointed him as General Secretary on purely temporary basis no show cause notice is necessary. The appointing authority has power to make appointment and also the power to suspend or dismiss or relieve any appointee without any show cause..

Category: Employment/Service Law | Date: | Hits: 100

Abdul Quader Farazi Vs. Chief Election Commi­ssioner, Bangladesh & others, 1998, 27 CLC (HCD)

....ntre on the date of election, filed an application in advance on 21‑12‑97 to the respondent No.5 stating that the petitioner and his terrorist party was moving in the locality and threatening the independent voters. He also intimated the same fact to the joint Secretary and Election observer on ......s. In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 636. ..

Category: Election Law | Date: | Hits: 591

Sahabuddin Vs. State, 2008, 37 CLC (HCD)

.... and order of conviction and sentence; that the evidence on record do not warrant any order of conviction and sentence against the appellants under sections 302/34 of the Penal Code; that none of the independent and disinterested witnesses has been examined and there is no explanation from the side ......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 85

Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)

.... its value depends on its issuing authority. Once the authority removes its legitimacy, the cur­rency becomes valueless. But, goods have some intrinsic value to satisfy human needs and that value is independent of human laws and Judgment. Second, under normal circumstances in our every­day life, c......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ..

Category: Criminal Law | Date: | Hits: 84

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

....on 31‑08-­2001; date of withdrawal of candidature on 6‑09-­2001; and the date for holding polls on 1‑10‑2001. For the electoral Constituency No.129 Pirojpur‑1, there were 7 candidates one independent and 6 nominated from political parties, including Sudhangshu Shekhor Halder, the nominee...... Exhibit No.13 Money collected by election agent. 14. Exhibit No.14 Halofnama by election agent. 15. Exhibit No.15 Form of appointment of election agent. 16. Exhibit No.16 Halofnama by electio..

Category: Election Law | Date: | Hits: 300

Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)

.... the evidence on record we also clearly find that the dwelling house in question is an undivided old paternal homestead owned by the plaintiff's father and uncles and in which he himself has acquired independent interest in 08 decimals of land donated to him by way of deed of gift made in his favour......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..

Category: Property Law | Date: | Hits: 132

Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)

....ed in section 2 (ga) and (gha) of দকà§à¦·à¦¤à¦¾ ও শৃংখলা অধà§à¦¯à¦¾à¦¦à§‡à¦¶ are wide enough to include the allegations like sexual abuse/harassment. But in order to ensure an independent enquiry, it must be conducted by a committee as defined in the guidelines laid down in t...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..

Category: Employment/Service Law | Date: | Hits: 169