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Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....ses supported the prosecution case. So, judgment and order of conviction and sentence are not sustainable in law. He further submits that even prosecution has failed to prove the case by adducing any independent and disinterested witnesses. He further referring the evidences of police witnesses poin......ed in any other case. Send down the Lower Court Records along with a copy of this judgment and order at once. Md. Afzal Hossain Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....ourt to admit execution of the document, and when also the abandoned property authority, namely, defendant No.2 is also not in Court to admit the genuineness of the document is not proved without any independent corroboration of the same or any corroboration from the subsequent conduct of the execut...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ..Category: Property Law | Date: | Hits: 89
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
....erate and unsophisticated rural lady was identified by her husband at the time of registration but it is in evidence that she was allegedly identified by a different person. So there was none to give independent advice to the executant of the document. Therefore, although false personification has n...... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ..Category: Procedural Law | Date: | Hits: 105
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......ief, are that the petitioner, Lt. Cdr. (Retd.) AHM Mahmud retired from the Bangladesh Navy on 17-9-1988 and was appointed as the General Manager (GM) of Mimi Chocolate Limited, a unit of the BFFWT by appointment letter under memo No.100/2/Trust/658 dated 09-2-1989. On 07-3-1990 the petitioner submit..Category: Employment/Service Law | Date: | Hits: 156
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....nce is of a significant nature, and not merely of a ceremonial nature. This, in fact, affects the ability of the District Judges and other Judicial Officers to perform their functions effectively and independently without virtually being or being seen to be inferior to certain categories of civil se......any rational basis and, as such, it is arbitrary. In the scheme of our Constitution, the post the District Judge is the highest post of the Bangladesh Judicial Service. The required qualification for appointment to the post of the District Judge is 15 (fifteen) years service including two years expe..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
.... cause against the proposed punishment should be afforded to him. The essential feature of the principle of natural justice is that no person should be deprived of his right without hearing before an independent authority. Its purpose is to prevent miscarriage of justice. The concept of natural just......from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ..Category: Others | Date: | Hits: 149
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
.... natural law. The essential feature of the principle of natural justice is simply that no person shall be deprived of any vested right by any order judicial or otherwise without a hearing before an independent authority, not interested in the proceeding or in any party to the proceeding. The front......udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272...Category: Business or Commercial Law | Date: | Hits: 208
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....d admits that those do not come to any help in view of recent decisions of the Appellate Division in the cases of Dr. Mohiuddin Khan Alamgir and Habibur Rahman Mollah. It is further contended that no independent offence having been disclosed against the accused-petitioner, the criminal proceeding,......rned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....er submitted that the right created under section 53A of the Transfer of Property Act is a right created under a positive provision of a statute and not a right arising from mere contract or equity independent of any statutory provision. 7. Learned Deputy Attorney-General on behalf of the respo......cutive Director of the appellant company, as the Administrator for the Unit to operate the mill and jointly conduct all other affairs. On 19-2-72, however, the Secretary of Industries suspended the appointment of Mr. Salam as Administrator and directed the appellant company to be administered by..Category: Property Law | Date: | Hits: 79
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....angladesh International (Temporary) Order, 1972 (Acting President's Order No.2 of 1972) was promulgated "to reconstitute the former Pakistan International Airlines Corporation in Bangladesh into an independent organisation to serve the needs of the People of Bangladesh". Article 2 provided tha......al relations and, therefore, the contention that the law of master and servant applied in these cases are without any substance. The Respondents are employees of a statutory Corporation and their appointments have been made and sanctified by the necessary enactments as mentioned above. It wa..Category: Employment/Service Law | Date: | Hits: 123
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....the departmental proceeding against this petitioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ...... enquiry officer the authority may appoint a Board of Enquiry consisting of three persons. In the present case the Board of Enquiry was formed with two persons in violation of this Rule 10(9) and the appointment of Mr. Abdur Razzaque Bhuiyan-an officer below the rank of that of the petitioner as one..Category: Administrative Law | Date: | Hits: 263
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
....ined to prove the alleged recovery of arms and bullet from the exclusive control and possession of the petitioner and that the evidence given by police personnel was not supported and corroborated by independent witnesses. In support of his contention, he relied upon the decisions in the cases of Zi......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196...Category: Criminal Law | Date: | Hits: 92
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...Category: Property Law | Date: | Hits: 85
Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ...... Trust and Rules of Bangladesh Red Crescent Society Employees Provident Fund". It appears that in clause-'d' of rule 29 of these "Rules" it has been clearly provided that in the case of non-selection/appointment of nominee/nominees the benefit of the provident fund on the death of the deceased emp..Category: Civil Law | Date: | Hits: 154
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
....certificate and examining the doctor, which was necessary to prove an offence under section 397 of the Penal Code. 15. The appellants’ previous records appear to be clean in the charge sheet. No independent local witness, except Yakub Ali Dewan who had election feud with some of the appellants,...... leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is Also Reported in: 21 BLT (HCD) (2013) 287. ..Category: Criminal Law | Date: | Hits: 103
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....rom that of the erstwhile College. As a Government College, the Principal, Vice-Principal, Lecturers and Teachers were deputed to the Jagannath College by the Government, whereas any University is an independent autonomous body which appoints its own teaching staff, officers and workers. This is gat......e question of legitimate expectation is based on the qualities of the applicant and arises from the conduct of the other party. Eligibility for any post cannot give rise to legitimate expectation for appointment in that post. So far as the claim of discrimination by the petitioners is concerned, he ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....heir cross examination; that the prosecution has hopelessly failed to prove the charge under section 302 of the Penal Code against the accused person beyond any shadow of reasonable doubt by adducing independent, disinterested eye-witness of the occurrence. He further submits that the learned Judge ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..Category: Criminal Law | Date: | Hits: 87
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....ion) is disposed of. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 46. ......then he has been acting as a Nikah Registrar at that area. 6. Section 17 of the Muslim Marriages and Divorces (Registration) Rules, 1975 provides that a Nikah Registrar shall not hold any salaried appointment other than an appointment in a mosque or in a non-Government school or madrasha situated..Category: Civil Law | Date: | Hits: 92
.... SL Kapoor Vs. Jagmohan, reported in AIR 1981 SC 136, it was held:
"Non-observance of natural justice by itself causes prejudice to a party and proof of prejudice to a party and proof of prejudice independent thereof is unnecessary."
36. In "Law and Practice of International Commercial Arbitra......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
....in the company of the accused persons, who were playing cards. He farther submits that PWs 2, 3, 4, 6 and 9 as eye-witnesses testified that the accused persons shot the deceased to death. They are independent and disinterested witnesses, not partisan and inimical with the accused. There was no c...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..Category: Criminal Law | Date: | Hits: 67
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