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Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

....f the case does not come under the purview of provision of Anti-Corruption Act and if it comes under the purview of section 420 of the penal Code there must be a separate first information report and independent investigation by a separate investigating agency other than the Bureau of Anti-Corruptio......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..

Category: Criminal Law | Date: | Hits: 137

Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)

....he learned Advocate appearing for the respondent No.2 by fil­ing affidavits-in-opposition in both the writ petitions submits that the Election Commission being the product of the constitution has an independent enti­ty, not subservient to any government machineries so as to be bound by the respond......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..

Category: Election Law | Date: | Hits: 217

Abul Khair & another Vs. State, 2002, 31 CLC (HCD)

....he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......eference No.4/89. Both death reference 4/89 and criminal Appeal 319/89 were heard together by High Court Division and it was pointed out on behalf of appellants that the learned trial Court cancelled appointment of Advocate Mr. Tousur Rahman as State defence lawyer on 1‑7-­1989 and on the same da..

Category: Criminal Law | Date: | Hits: 97

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

....heads in the light of well recognised concept of jurisprudence. 15. The learned Counsel for the petitioner contended that the rule of law is the basic feature of the Constitution of Bangladesh. An independent judiciary is, however, a precondition to rule of law. The provision of constitutions ens...... the force of law. A person will be found to hold office without lawful authority, if the person is not qualified to hold the office or some mandatory provision of law has been violated in making the appointment or when the appointment has been made by a person who has no authority to appoint. 3...

Category: Constitutional Law | Date: | Hits: 353

Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)

....en made out against Fazlul Karim and on the basis of that he took cognizance of the offend against him as well as against others and sent up the case to the Court of Sessions for trial. Admittedly no independent or separate preliminary inquiry has been conducted by the Magistrate before taking cogni......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ..

Category: Criminal Law | Date: | Hits: 102

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

....e East Bengal State Acquisition and Tenancy Act it would be found that the transfer shall have to be pre-empted under certain conditions mentioned therein and in this case admittedly there were three independent transfers or sales. It is true that if by the document lands of several holdings are sol......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 311. ..

Category: Property Law | Date: | Hits: 113

Kazi Mokhlesur Rahman Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ......Md. Mozammel Hoque J. - This Rule was issued calling upon the respondents to show cause as to why relieving of the petitioner from the responsibility of the office of Government Pleader of Dhaka and appointment of respondent No.4 as Government pleader of Dhaka vide Annexure-A to the writ petition s..

Category: Others | Date: | Hits: 212

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......that if the argument of Mr. Amirul Islam is accepted, then there will be total constitutional crisis and legal vacuum which will place the country nowhere. We, the Judges of this Court at die time of appointment, have taken oath to preserve, protect and defend the Constitution. Further, the scope of..

Category: Criminal Law | Date: | Hits: 202

Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)

....ase of Webb Vs. Minister of Housing and Local Government [1965] 2 All ER 193 it has been held that in view of the above confusion is created. However subsequently the courts took the view that as an independent ground of attack, malafide (malice in fact) should be distinguished from malafide malic...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...

Category: Election Law | Date: | Hits: 211

Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)

....pearing for the appellant Abdul Matin in Criminal Appeal No.741 of 1993, while adopting the argument of Mr. Shaukat Ali Khan, further stressed that the non-examination of the shop owner and the other independent and reliable persons from amongst the members of public had rendered the prosecution cas......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ..

Category: Criminal Law | Date: | Hits: 74

Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)

....n the evidence of the P.Ws.1, 2, 5 and 7, who are all interested witnesses. He further submits that in a case where bitter enmity is admitted between the parties, the prosecution should have examined independent witnesses in support of their case instead of relying on the evidence of interested witn......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..

Category: Criminal Law | Date: | Hits: 85

Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)

.... the prosecution P.W.14 and P.W.15 as per their statements show that they are the men of P.W.8 and treated them as chance and subsequent witness­es for the purpose of the prosecution. So there is no independent, trustworthy and corroborated witness­es as to giving or acceptance the bribe between P......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294...

Category: Criminal Law | Date: | Hits: 142

Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)

.....3 Abul Hossain and P.W.6 Torab Ali were mama of P.W.1 and victim. P.W.5 Giasuddin and P.W.8 were neighbours. P.W.1, 3, 5, 6, 9 being related to each other were interested witnesses. No disinterested independent impartial witness could be examined. It appears occurrence took place at a distance of 2......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ..

Category: Criminal Law | Date: | Hits: 103

State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)

.... the motor cycle. The motor cycle then started off and they together escaped towards the east. Such facts have been furnished by the evidence of P.Ws. 1, 3, 4, 5, 6 and 8 who are found to be natural, independent and trustworthy. All the said witnesses in one voice stated that they found Mainuddin wa......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..

Category: Criminal Law | Date: | Hits: 116

Abdul Kabir Vs. State, 1998, 27 CLC (HCD)

....d have decided to initiate strong measures to punish the offenders. They have already reorganised the Anti-Corruption agencies of the Government and constituted a separate Anti-Corruption Directorate independent of the Inspector General of Police and have created a separate Government Department for......sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ..

Category: Criminal Law | Date: | Hits: 109

Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)

.... matter finally came up for consideration before the Appellate Division in Sher Ali (Md.) and others Vs. State, 46 DLR AD 67 wherein their Lordships laid down: “The inherent power may be invoked independent of powers conferred by any others provisions of the Code. This power is neither appellat......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..

Category: Criminal Law | Date: | Hits: 112

Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)

....al Procedure before this Court in its criminal jurisdiction. The power of this Court both under Article 102 of the Constitution and section 561A of the Code of Criminal Procedure is extraordinary but independent of each other and either proceeding is summary in nature. It is conceivable that we shou......dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)

....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......r may, for reasons to be recorded writing withdraw the reference from the arbitrator appointed and may decide the dispute himself by an award in the manner provided in Rules 133 and 134 or make fresh appointment.” The last submission of the learned Advocate for the petitioner is that the impugn..

Category: Civil Law | Date: | Hits: 128

Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)

....n process starts from filing of the nomination paper and continues till the disposal of the election petition. He further submits that Article 118 of the Constitution makes the Election Commission an independent body, subordinate to none but subject to the Constitution only, Article 119 of the Const......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..

Category: Election Law | Date: | Hits: 162

Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)

....id memorandum is applicable in the case of the plaintiff opposite party inasmuch as the Government Servant’s Rule 1976 has been adopted by the Corporation and that the Corporation has not taken any independent decision by itself and the dismissal order itself on the face of the record shows that t......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..

Category: Employment/Service Law | Date: | Hits: 182