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State Vs. Arman Ali and another, 2008, 37 CLC (HCD)

....s examination and that the prosecution has hopelessly failed to prove the charge under section 302/34 of the Penal Code against the condemned persons beyond any shadow of reasonable doubt by adducing independent, disinterested and eye­witness of the occurrence and that the learned Judge convicted t......- in default to suffer rigorous imprisonment for 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ..

Category: Criminal Law | Date: | Hits: 106

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

.... excluded area unless the Governor by public notification so directs." 8. The Indian Independence Act 1947, ("the 1947 Act"), enacted by the British Parliament on 18 July 1947 and creating the two independent dominions namely India and Pakistan with effect from 15 August 1947, by Section 2 specif......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..

Category: Constitutional Law | Date: | Hits: 314

Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)

....n in Sher Ali (Md.) and others Vs. The State 46 DLR AD 67. The observation of their Lordship of the appellate Division are conceded the following lan­guage. 31. "The inherent power may be invoked independent of powers conferred by any other provisions of the Code. This power is neither appellate......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediate­ly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ..

Category: Criminal Law | Date: | Hits: 99

Bangladesh Film Development Corporation Vs. Chairman, 1st Labour Court, Dhaka and others, 1996, 25 CLC (HCD)

....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ......n Assistant-­cum‑Typist vide Memo No. FDC/Admn. (Administration and Finance) 35(7) dated 7‑7‑92 (Annexure‑A) in the national pay scale of Taka 1200.00‑2335.00. One of the conditions of her appointment was that her service would be governed by the Service Regulations of the said corporatio..

Category: Labour and Industrial Law | Date: | Hits: 265

Editor, Bangladesh Observer, Dhaka & another Vs. Member, Labour Appellate Tribunal and others, 1998, 27 CLC (HCD)

....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......on denying the material allegations of the petitioners. The facts of his case, in short, inter alia, are that, he was appointed by the petitioner No.1(Editor) as an Editorial Assistant by a letter of appointment dated 1‑3‑73 and since then he served under him in different capacities till his res..

Category: Labour and Industrial Law | Date: | Hits: 215

Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)

....under Order 21 Rule 90 is very much applicable against any transfer made by the decree holder after being empowered under section 33(5) of the Artha Rin Adalat Ain, 2003 and the said proceeding is an independent proceeding. The result of earlier proceeding does not have any bearing upon the proceedi......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..

Category: Civil Law | Date: | Hits: 112

Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ......nnexure-1 to the affidavit-in-opposition of the respondent No.1. Consequently, the respondent No.3 by the impugned Memo dated 17.5.2009 (Annexure-A to the Writ petition) withdrew the earlier order of appointment of the petitioner to perform the additional charge of Nikah Registrar of Ward No.53 as W..

Category: Civil Law | Date: | Hits: 130

AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)

.... been done by the impugned order. 26. Power possessed by Court under section 435/439 Cr.P.C. do not impinge, curtail or limit in any manner whatsoever. The powers under section 435/439 Cr.P.C. are independent and jurisdiction can be exercised under section 439, Cr.P.C. to secure the ends of justi......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ..

Category: Criminal Law | Date: | Hits: 99

Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)

....nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......hall be handed over to the Trustees. The disbursement of the benefits of the fund accrued on his account in case of his death shall be paid to such nominee(s) of members. In the case of non-selection/appointment of nominee(s), the benefit of the fund on his death will be disbursed to his legal heirs..

Category: Civil Law | Date: | Hits: 136

Sohel Monir Vs. State, 1996, 25 CLC (HCD)

....his co‑accused Sajid Hossain stated that his confession was not voluntary and on such confession of a co‑accused the conviction of the appellant Sohel Monir cannot be sustained in law without any independent positive corroboration. In support of his contention he referred the case of Amir Hossai......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..

Category: Criminal Law | Date: | Hits: 100

Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anoth­er, 2009, 38 CLC (HCD)

....Chapter XXIII of the Code speaks of discharge of an accused in a trial before Court of Sessions, Section 241A in Chapter XX speaks of discharge of an accused in a trial by a Magistrate. These are two independent sections of the Code which deal with discharge of the accused brought for trial in respe......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ..

Category: Criminal Law | Date: | Hits: 108

Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)

....s as direc­tors have iii equal measure been bypassed in a manner in which, and armed with an osten­sible authority given by the BOD the Respondent Nos.2, 3 and 5 in particular have adopted a stance independent of the BOD in executing the agreements dated 14.10.2004 as well as of 14.9.2007. The Pet......re-audit the accounts of past years i.e., 2003, 2004 and 2005. Given the ratio in the Kader Textiles Case and the recognition accorded this Court's inherent power to make alternative arrangements for appointments of auditors for past years if no audit has taken place, and as recognized by the Appell..

Category: Company Law | Date: | Hits: 177

Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)

....for the petitioner submits that the petitioner while serving as Senior Scientific Officer in the River Research Institute under the Water Development Board, the River Research Institute emerged as an independent statutory body under Act No.53 of 1990 and by opera­tion of law he became an Officer of......ingly, and also in pur­suance of section 17 of the River Research Institute Act, 1990 the Board of Governors of the River Research Institute vide Office Circular No.24/12/1998 delegated the power of appointment, promotion and taking all sorts of disciplinary actions of all classes of the employees ..

Category: Employment/Service Law | Date: | Hits: 166

Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)

....essions Judge arrived at a decision on surmise and conjecture. He further submits that the learned Sessions Judge erred in law in failing to hold that the appellant was innocent in this case; that no independent witness had been examined by the prosecution and that all the witnesses are interested a......e set at liberty forth­with if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..

Category: Criminal Law | Date: | Hits: 108

Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)

....ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ......Nika Registrar for the entire Union Parishad including Ward No.1; but meanwhile defendant No.1 Moulana Md. Korban Ali in collusion with the staff of the Government, defendant No.2 procured an illegal appointment direct from the defendant No.2 as a temporary Nika Registrar in respect of Ward No.1.The..

Category: Civil Law | Date: | Hits: 112

Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)

.... seek setting aside of the sale under the aforesaid provisions of the PDR Act. But apart from the remedy available under the PDR Act for setting aside of a sale, the plaintiff could also bring a suit independent of the general law. In this connection reference may be made in the case of Tarangini De......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ..

Category: Property Law | Date: | Hits: 113

Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)

....Rin Adalat Ain, 2003 this matter is to be dealt with the provisions of law ignoring his jurisdiction as an executing court. In fact, unless the decree is not set aside executing court cannot take any independent decision over the matter in order to determine the decretal amount which has already bee......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..

Category: Civil Law | Date: | Hits: 186

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....udge are set aside and the plain­tiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......il so as to be governed by the Local Councils Service Rules, 1968. But he submits that the plaintiff's letter of appoint­ment, which has not been marked as an ex­hibit in this suit, shows that his "appointment is subject to the usual terms and conditions as laid down by the Government for Works Pr..

Category: Employment/Service Law | Date: | Hits: 120

Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)

....opy of this order be for­warded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ......r the Companies Act, 1913 and is engaged in the business of selling airlines ticket. 4. In course of their business, the com­pany was appointed as General Sales Agent (briefly, GSA) in 1983, such appointment being renewed from time to time, and lastly, it was renewed on 01.03.2006. Under the ter..

Category: Company Law | Date: | Hits: 164

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: 124