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Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....ticle from the possession of the convict petitioner was not done by following the provision of section 103 of the Code of Criminal Procedure. He has further submitted that absence of corroboration by independent witnesses of the evidence of PW 1 and PW 2 who were the recovery officer and sepoy respe......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ..Category: Criminal Law | Date: | Hits: 87
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....nuineness of the transaction or to prove execution and/or recitals in the deed. 29. In the circumstances, when the vendors and transferees fail to prove execution and delivery of possession by any independent witness, the exchange must be held to be a hoax and not genuine transaction. Moreover, e......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485...Category: Property Law | Date: | Hits: 71
Almgir Hossain and another Vs. State, 2012, 41 CLC (AD)
.... of the Evidence Act. He further submits that none of the witnesses implicated the convict petitioners and the confessional statements of co-accused Edu Mia and Ratan Mia were not corroborated by any independent evidence and hence the High Court Division erred in upholding the conviction and sentenc......fessional statements is not tenable in law”. Preparation of paper book, as prayed for, is dispensed with. Both the appeals will be heard analogously. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 70
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
..... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ......17. It also appears that under sub-sections (1) and (2) of section 15 the complainant must be a person still employed. 18. To sum up, section 15 of the Payment of Wages Act makes provision for the appointment of the authority to hear and decide in any specified area, all claims arising out of ded..Category: Labour and Industrial Law | Date: | Hits: 255
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......se under section 89 of the Ordinance Registrar or an officer appointed by him has no other power of stay under the Ordinance. 6. Rules 128 to 138 of the Co-operative Societies Rules 1987 deal with appointment of arbitrators, their qualifications, payment of fees to arbitrators, procedure of filin..Category: Alternative Dispute Resolution | Date: | Hits: 156
Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)
....f an accused may be given even on the evidence of a solitary witness, if he is wholly reliable but as a matter of prudence, though not of law, sometimes in the facts and circumstances of the case, an independent corroboration of the evidence of such witness is necessary. The learned Advocate for the...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..Category: Criminal Law | Date: | Hits: 69
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
.... the Hill Tracts Manual led it to acquire the status of a 'Non-regulated District'. The Indian Independence Act 1947 (the Act 1947), enacted by the British Parliament on 18 July, 1947 created the two independent dominions, namely, India and Pakistan with effect from 15 August 1947. Section 2 of the ......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..Category: Constitutional Law | Date: | Hits: 219
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
.... non-mentioning of the fact of TI parade in the examination of accused appellant under section 342 Cr.P.C. has prejudiced him and as such the conviction is bad in law and fourthly, non-examination of independent witness as well as non-consideration of the evidence of hostile witness has made the fin...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ...... the Senior-Assistant Judge, Mymensingh, being TS 19 of 1995 praying for the following relief (a) a declaration that dissolution of Executive Committee of Mymensingh Dhaka Coach Malik Samity, and appointment of an ad-hoc committee comprising defendant petitioners 2-10 by letter of defendant No.1..Category: Civil Law | Date: | Hits: 85
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....the confession and its comparison with remaining evidence of the prosecution and probability of the case would be relevant. Mr. Khan further submits‑that retracted confession needs corroboration by independent and credible evidence. He has relied on the decision reported in 43 DLR (HC) 512 wherein......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ..Category: Criminal Law | Date: | Hits: 74
Shamsul Haque (Md.) Vs. Bangladesh,1995, 24 CLC (HCD)
.... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ...... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ..Category: Administrative Law | Date: | Hits: 205
....overnment has been changed in 1996 and being influenced by the party in power the President had issued the impugned order of removal of the petitioner from service. The Chancellor had not applied his independent mind before passing the impugned order and, as such, this order is absolutely illegal an......o improvement of the law and order situation. The other contestants for nomination were not happy this and they tried to create chaos and conf amongst teachers, students and employees. Petitioner’s appointment as Vice-Chancellor was liked by the defeated section of the teachers who did not like th..
Category: Employment/Service Law | Date: | Hits: 158
Bangladesh Technical Education Board Vs. Md. Anamul Haque and others, 2010, 39 CLC (AD)
.... of the Paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 725. ......ical Education Board to appoint staff urgently required on a Master Roll basis and when the posts are advertised and their qualification and suitability are found compatible, they are given regular appointment under the prescribed scales. The writ petitioner Nos.1-5 are the office Assistants-cum-T..Category: Employment/Service Law | Date: | Hits: 133
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....ith? 2. Has the appeal any substance?” 5. From the judgment of the lower appellate Court it seems that merely on reference to the evidence of the witnesses recorded by the trial Court without independent assessment for examination of the evidence of the witnesses by itself as a last Court of......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..Category: Criminal Law | Date: | Hits: 90
....of hearing of the Rule justifying its action, so that the High Court Division may scrutinise the materials for its objective satisfaction to see whether such materials warrant a preventing detention, independent of the Advisory Board. Mere omnibus statement without filing an affidavit-in-opposition ......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32...
Category: Criminal Law | Date: | Hits: 64
....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......oice and appoint him Nikah Registrar. Thus the cited case, in the present context, is not applicable, the petitioner's argument that there is no guideline for exercise of executive discretion for the appointment of Nikah Registrar is therefore, also not tenable.
14. The next argument of the learn..
Category: Civil Law | Date: | Hits: 70
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
....o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......cial Judge. But his contention is that the present case was in fact tried under the Criminal Law Amendment 1959 by an ex officio Senior Special Judge who was at the same time a Sessions Judge and his appointment as a Senior Special Judge was notified in the official Gazette by a general notification..Category: Criminal Law | Date: | Hits: 92
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......(1) Parliament shall by law provide for regulating- (a) the raising and maintaining of the defence services of Bangladesh and of their reserves: (b) the grant of commissions therein; (c) the appointment of chiefs of staff of the defence services, and their salaries and allowances, and (d..Category: Employment/Service Law | Date: | Hits: 148
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....ellate Court below it appears that the learned Subordinate Judge now Joint District Judge has also followed the same procedure as has been done by the trial Court and more so, without arriving at any independent finding, of his own, the Appellate Court merely affirmed the findings of the trial Court......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427...Category: Property Law | Date: | Hits: 98
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....session and enjoyment of the suit property created a mortgage in favour of one Babu Bimala Charan Sharma by a Deed of Mortgage dated 5th Aswin, 1319 BS. The said Helimullah had 4 sons who were having independent income of their own and in order to redeem the mortgage Helimullah proposed to sell the ......in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ..Category: Trust/Waqf Law | Date: | Hits: 165
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