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Santosh Mia Vs. State, 1989, 18 CLC (HCD)

....out being proved A suggestion without being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generally evidence of a doctor is considered to be independent and more reliable and in case of conflict preference can be given to occular evidence. B......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..

Category: Criminal Law | Date: | Hits: 118

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......er which could be dealt with by a District Magistrate under his general powers of control over the Magistrates subordinate to him. 6. Learned Additional Attorney-General has produced before us the appointment of the District Magistrate, Dhaka which shows that a District Magistrate can only be app..

Category: Criminal Law | Date: | Hits: 114

Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ......he Judges and in this way the Government has unfettered power to influence criminal justice and to cause harassment to political rivals. Perhaps Mr. Islam was not fully informed of the fact as to the appointment of Judges in those Tribunals. The Judges were appointed in consultation with the Supreme..

Category: Criminal Law | Date: | Hits: 177

Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ..

Category: Criminal Law | Date: | Hits: 74

Reliant Commodities & Technologies Pte. Ltd. Vs. Bangladesh Chemical Industries Corporation, 2007, 36 CLC (HCD)

.... Orders previ­ously made in each of these cases by this Court are also accordingly maintained. 17. There are no orders as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 64. ......ry Affidavits filed in each of the Applications under considera­tion, it is shown that both BCIC and Reliant have been communicating back and forth since 6-2-2007 in efforts to agree upon either the appointment of a sole arbitrator or, failing that, Arbitration Tribunal(s) constituted by two Arbitr..

Category: Alternative Dispute Resolution | Date: | Hits: 589

Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ...... Habibul Awal has been appointed Secretary in Charge of the Ministry of Law, Justice and Parliamentary Affairs, hereinafter referred to as the Ministry of law, with effect from 28.6.2007 and the said appointment was communicated vide a notification bearing No. সম (উনি-১)৭৪/৯৮(অ..

Category: Constitutional Law | Date: | Hits: 361

Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)

....directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......the Rule are: The petitioner, an M.Sc. in Agricultural Economics from Bangladesh Agricultural University, joined BADC on 3.8.1977 as Junior Executive (Agricultural Pool) according to the letter of appointment dated 1.8.1977 (Annexure-A). The petitioner was posted as Deputy Director (ASC) with the..

Category: Employment/Service Law | Date: | Hits: 144

Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)

.... the prose­cution witnesses. He further canvassed that the P.Ws.1-8 are the most interested and par­tisan witnesses. Having regard to the fact that the prosecution failed to examine even a sin­gle independent, natural and competent wit­nesses to prove the case and as such relying on such evidenc......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ..

Category: Criminal Law | Date: | Hits: 78

Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)

....btful. 12. Furthermore, the P.Ws. 1 and 3 are members of a criminal family which seeks toimpair their credibility as witnesses. It is unsafe to place reliance on their evidence unless supported by independent and reliable witnesses. We do not find any such witness to support their case to the sat......liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ..

Category: Criminal Law | Date: | Hits: 84

State Vs. Rois Khan and another, 2009, 38 CLC (HCD)

....of the Narcotics Control Act, 1990 is not sustainable in law and also on the facts of the given case. 7. Mr. Farhad Ahmed, learned Deputy Attorney-General, on the other hand, submits that, through independent natural and neutral witnesses prosecution proved that huge nar­cotics were brought into......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ..

Category: Criminal Law | Date: | Hits: 112

Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)

....that two notices through lawyer have been sent by post on 26-2-2005 and on 27-2-2005 but the complainant filed a single complaint against two cheques although disnour of each cheque is a separate and independent offence and the general rule is that for every distinct office there shall be separate c......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ..

Category: Criminal Law | Date: | Hits: 84

Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)

....uld be cancelled by the Controller of Imports and Exports. Since the Controller of Imports and Exports is the licensing authority and since the Controller of Imports and Exports had not exercised his independent action or decision as provided under articles 6, 8 and 9 of the Order, the impugned noti......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ..

Category: Civil Law | Date: | Hits: 140

Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......their appearance in the suit but did not file written statement. At this stage the plaintiff filed an application under Order XL rule 1 of the Code of Civil Procedure, shortly, "the Code" praying for appointment of receiver in respect of all the landed and other properties described in schedule Ka, ..

Category: Civil Law | Date: | Hits: 126

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

.... The respondents are directed to appoint the petitioner to the Police cadre within four months from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 37. ......names of the candidates who were provisionally selected is annexed and marked as Annexure-A. 3. On 7th October, 1995 a circular was published by the respondent No.2, Ministry of Establishment, for appointment of the newly selected candidates in the police cadre which did not include the petitione..

Category: Employment/Service Law | Date: | Hits: 194

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......s the receiver continued in possession. The learned Magis­trate ought to have considered whether there would be an apprehension of breach of peace in case the order of attachment of the property and appointment of receiver is recalled. Section 146, sub-section (1) of the Cr.P. C. reads as follow:- ..

Category: Procedural Law | Date: | Hits: 116

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....he Rule of prudence may require some sort of corroboration with giving facts. It is not necessary that each and every circumstance mentioned in the confession regarding complicity of the accused must independently be corroborated as it is nec­essary in the case of using the confession of an accused......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..

Category: Criminal Law | Date: | Hits: 99

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

....prevailing deteriorating law and order situation in the society where open threat is given to the witnesses not to depose in support of the prosecution case the difficulty of the prosecution to bring independent witnesses, and the rising tendency of witnesses giving testimony in the Court to favour ......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..

Category: Criminal Law | Date: | Hits: 76

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....be taken notice of by a Court under section 114 of the Evidence Act. Nadira Begum's father was not under the Patria protesta of Nadira Begum nor his position was that of a Pardahnashin Lady having no independent advice or of a minor where the law may presume the existence of undue influence and henc...... learned brother in his Judgment. But it should be pointed out that both the Administrator of Wakfs and the learned District Judge appeared to be unduly concerned about the factum of the petitioner's appointment as a Mutwalli which, in our opinion, was no issue at all so far as the question of her r..

Category: Trust/Waqf Law | Date: | Hits: 134

Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)

....s such, the judgment and decrees of the Courts below are liable to be set aside. Mr. Sultan Ahmed the learned Advocate for the petitioner has strongly submitted that there having been no specific and independent issues framed on the point of adverse possession of the opposite parties and there havin......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ..

Category: Property Law | Date: | Hits: 77

Masum and others Vs. State, 2009, 38 CLC (HCD)

....of the evidence on record and in view of the findings as recorded in the two preceding paragraphs, are liable to be distinguished from those cases in which the evidence of police personnel were found independent, creditworthy and corroborated by the circumstances. In this par­ticular case the verac......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..

Category: Criminal Law | Date: | Hits: 75