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State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....ance at his testimony and to entertain the suspicion that he was procured later by the prosecution. But that cannot be sanctified into an invariable or inflexible rule of appraisement of evidence. An independent scrutiny of the evidence of witnesses who failed to find mention in the first informatio...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..Category: Criminal Law | Date: | Hits: 139
....e learned Magistrate did not ask the police to hold re‑investigation in the case and the police also did not make any re‑investigation or further investigation in the case. Judicial inquiry is an independent inquiry and such an inquiry is held under provisions of section 202 of the Code of Crimi......rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 529...
Category: Procedural Law | Date: | Hits: 131
....s rule is discharged without any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
......ed against the Circular No.Sectt 11/M-181/81 (branch) 341/3 dated 25.02.1985 issued by the Ministry of Works, inviting Metropolitan Chamber of Commerce and Industry to send panel of three persons for appointment as a Trustee to the Board of Trustee's, Dhaka Improvement Trust.
2. On that applicati..
Category: Civil Law | Date: | Hits: 162
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
....north facing for the purpose of suit. From the deposition of P.Ws. 3, 5 and 7 the court found the existence of the pathway and its use by the plaintiff for a long time. P.Ws. 3‑5 and 7 appear to be independent witnesses and there was no reason as to why they should depose falsely against the defen......t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ..Category: Civil Law | Date: | Hits: 147
....petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 524.
......ed. This statement is not acceptable as he may be junior in the post of Deputy Chief Accountants having been transferred later than the two others, but in order to determine the seniority the date of appointment/promotion of all officers working in the same grade, namely, as Manager and Deputy Chief..
Category: Employment/Service Law | Date: | Hits: 207
Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
....er P.W.6 Kudduser Ma as one of the members of the searching party in the FIR. Excepting P.W.2 Seraj Mia all are relations of the deceased Abdul Hakim and as such P.W.2 Seraj Mia should be taken as an independent and disinterested witness. Although the other witnesses including P.W.1 Sadir Mia stated......tif, Abu Hanifa, Shaju, Surat Ali, Indu Mia, Abdul Mannaf and Nayeb Ali be set at liberty at once, if not wanted in any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 492...Category: Criminal Law | Date: | Hits: 139
Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....h Vs. MS Ispahani as reported in 40 DLR (AD) 116 the Appellate Division of the Supreme Court of Bangladesh observed PO No.16 was promulgated on 28.2.72 immediately after emergence of Bangladesh as an independent nation. Hundreds of West Pakistani industrial/business entrepreneurs had left the Countr......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484...Category: Property Law | Date: | Hits: 158
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ......tablishments as defined in section 2 of the said Act. So, it is a special law as distinguishable from the general law. In sub‑sections 2 and 3 of section 4 of the said Act, there are provisions for appointment of judges for the Artha Rin Adalat, by the Government in consultation with the Supreme C..Category: Civil Law | Date: | Hits: 169
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......rged by learned Deputy Attorney General that the hearing of the reference case by the High Court could not be expedited due to delay in preparation of paper book, non-availability of record, delay in appointment of Deputy Attorney General and other factors and as such delay in execution of death s..Category: Criminal Law | Date: | Hits: 134
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....s required to prove the tender and/or payment of the balance amount of Taka 1,63,000 and that P.W.1, being the plaintiff, is an interested witness and so the plaintiff was required to examine another independent witness to prove that the plaintiff tendered money to the defendant No.1 and further, th......laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554...Category: Property Law | Date: | Hits: 104
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....Afzalur Rahman after being satisfied on consultation of official records. In cross‑examination he stated that he issued the certificate in consultation with the Deputy General Manager but he has no independent authority to issue such certificate. He denied that he created the certificate as per di......nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ..Category: Criminal Law | Date: | Hits: 148
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....ge of goods by sea'. The rules themselves show the same thing. The obligations in article, 3, rule 1, for example, to use due diligence to make the ship seaworthy and man and equip her properly are independent of time. The operation of the rules is determined by the limits of the contract of carri......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93...Category: Business or Commercial Law | Date: | Hits: 463
Mati Miah and Shamsu Miah Vs. State, 1990, 19 CLC (HCD)
....oved. It is further submitted that alleged arms were not examined by arms expert and as such it does not come within the mischief of definition of Arms specified in section 19A of the Arms Act and no independent witness has been examined in this case though such witnesses have been named in the FIR ......e No.221 of 1980 are hereby set aside. Both the appellants Shamsu Mia and Mati Mia are discharged from their respective bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 554...Category: Criminal Law | Date: | Hits: 125
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539....... He was appointed as Assistant Headman of Mouza, Sekdu, Kengu and Naithong on temporary basis by an order issued by the Deputy Commissioner, Chittagong Hill Tracts at Camp Ruma on August 30,1946. The appointment certificate is annexed to the petition and marked as Annexure‑A. Thereafter the petiti..Category: Others | Date: | Hits: 171
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....taking into consideration the statement of an approver we are to see whether it is believable and it has been corroborated by the evidence of other witnesses although ordinarily corroboration from an independent witness is not necessary in view of section 133 of the Evidence Act. Section 133 reads: ......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ..Category: Criminal Law | Date: | Hits: 145
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ......raffic Inspectors. 3. The case of the respondent Nos.1-7 who were the petitioners in the I.R.O. case was that they were workers under the present petitioner and were selected in order of merit for appointment to the post of Assistant Traffic Inspector by letter dated 05.06.1983 and their joining ..Category: Labour and Industrial Law | Date: | Hits: 204
Babu Khan Vs. State, 2003, 32 CLC (HCD)
....ial Court. Send down the Lower Court Records at once. The trial Court is directed to dispose of the case with utmost expedition. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 547.......al Code and that the accused admittedly being in abscondence ought to have been defended by a lawyer at the cost of the State under Chapter XII of the Legal Remembrance Manual and there being no such appointment of any lawyer the trial from the beginning has been absolutely illegal and hence the imp..Category: Criminal Law | Date: | Hits: 123
....6 of the Constitution our Republic can sue and be sued by the name of "Bangladesh". On the other hand, the law has not conferred upon a Ministry or a Department of the Government a legal personality, independent of the Government. In a suit where the name of a Ministry appears as a party, it does so......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542...
Category: Procedural Law | Date: | Hits: 146
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ...... facts for disposal of the case are as follows: The respondent Nos.1-29, who were the writ petitioners, were employed by Bangladesh Railway holding the same post without any promotion since their appointment. They joined in different posts on various dates as Ticket Number Taker (T.T.), Ticket C..Category: Employment/Service Law | Date: | Hits: 222
Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)
.... is no eye witness of claiming bribe and receiving a sum of money from the informant. In the present case it appears that the factum of recovery has not been proved beyond reasonable doubt by any independent or disinterested witness. When factum of recovery has not been proved by independent and......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ..Category: Criminal Law | Date: | Hits: 87
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