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Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....t IX of the Constitution read with definition clause "service of the Republic". Those persons holding the constitutional posts, either way of election or by appointment, are regulated by separate and independent laws, Rules and Regulations with regard to their holding of office profit of the Republi......ning. It must be read along with the relevant Chapter of the Constitution namely, Part IX Chapter 1 that is, 'Services of Bangladesh'. Article 133 provides that the parliament may by law regulate the appointment and conditions of services of the persons in the service of the Republic. Further, the P..Category: Constitutional Law | Date: | Hits: 200
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
....damage and no part of it so as to make the same unusable. In this case the learned Magistrate having considered all these aspects, I think, rightly passed the order giving custody of the vessel to an independent and neutral person, the opposite party No.3, the Chairman of Keranigonj Upazila. 7. F...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ..Category: Civil Law | Date: | Hits: 97
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....the deceased and the informant who was victim also. P.W.4 Shukur Ali is a nephew of the informant. PW5 Ilias Ali is alleged to be a brother of the informant by village courtesy. P.W.6 Almas Ali is an independent witness, related to the informant but it is alleged that he has litigation with the accu......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....right guaranteed by our Constitution in Article 35(3) of the same which reads as follows: "35(3). Every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial Court or tribunal established by law." But, unfortunately, in many a ca......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
....f ballot papers including the Presiding Officer and consequent murder which gave rise to the First Information Report dated 7.5.86 filed with the Ramgati Police Station, Lakshmipur by Abdul Wahed, an independent candidate in that general election held in 1986. It is alleged in that FIR that while th...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205...Category: Criminal Law | Date: | Hits: 85
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....tement of any witness, he relied on the preliminary enquiry report mainly for finding the petitioner guilty of the charge which has been highly illegal. The enquiry officer ought to have formed his independent opinion as to guilt of the respondent on consideration of evidence which came before him......e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104...Category: Administrative Law | Date: | Hits: 210
Category: Employment/Service Law | Date: | Hits: 108
Abul Hashem Master Vs. State, 1991, 20 CLC (HCD)
....7. Secondly, he has submitted that the witnesses except the P.Ws.4 and 5 are all police personnel and their evidence should be taken with a grain of salt. Furthermore, P.Ws.4 and 5 who are said to be independent witnesses are inimically disposed towards the appellant as has been revealed in their cr......der section 19A(F) of the Arms Act. He be acquitted of the charge. Let him be set at liberty if not required in any other connection. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 159. ..Category: Criminal Law | Date: | Hits: 85
Khorshed (Md.) alias Khorshed Vs. State, 1999, 18 CLC (HCD)
....on the basis of the evidence of the witnesses who corroborated the First Information Report story. We have also noticed that some of the witnesses who supported the First Information Report story are independent and neutral witnesses and we find no reason to disbelieve them. On the other hand, we ha......ppeal is dismissed. The judgment, order of conviction and sentence appealed against are confirmed. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 317...Category: Criminal Law | Date: | Hits: 54
Category: Civil Law | Date: | Hits: 83
Category: Property Law | Date: | Hits: 102
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......titioner was issued upon the defendant appellant opposite parties 1‑4 to show cause as to why the order dated 19.11.92 passed by the District Judge, Habiganj in Title Appeal No.170 of 1992 allowing appointment of receiver during the pendency of the appeal, should not be set aside or such other or ..Category: Property Law | Date: | Hits: 68
Ismail Vs. State, 1999, 18 CLC (HCD)
....rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......rned Advocate for the absconding accused. It further appears that he was not present in the Court when P.W.7 was examined. Cross-examination of some other witnesses were also declined. The purpose of appointment of a lawyer to defend an absconding accused in a case where the punishment is death sent..Category: Criminal Law | Date: | Hits: 74
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....ate further submits that the learned Subordinate Judge also erred in law in not properly appreciating the scope of section 151 of the Code of Civil Procedure and in asking the petitioners to initiate independent proceedings for redress of their grievance on an erroneous view of law and the same has ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..Category: Civil Law | Date: | Hits: 66
Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)
....ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485.......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485...Category: Criminal Law | Date: | Hits: 69
Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)
...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......the affidavit-in opposition and other materials on record, submitted that petitioner not being a regular Mutawalli is not required to be removed under section 32 of the said Ordinance and his interim appointment was rightly terminated by the impugned order in the interest of the waqf in exercise of ..Category: Trust/Waqf Law | Date: | Hits: 142
Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)
....serves to be released from detention. 10. Mr. Amir‑ul Islam, the learned Advocate for the petitioner, submits that the Government by Memo No.1802‑Sha‑Ma: (Nira‑1) dated 22‑5‑2002 by an independent order passed under section 3(1)(a) of the Special Powers Act detained the detenu for mor......monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ..Category: Criminal Law | Date: | Hits: 69
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
..... The learned Deputy Attorney General has lastly contended that the impugned letter dated 12.03.2009 (annexure-'L' to the writ petition) issued under the signature of the Deputy Secretary was not his independent order or decision, rather it was a communication of Government policy decision on the ......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...Category: Employment/Service Law | Date: | Hits: 86
Category: Employment/Service Law | Date: | Hits: 66
Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)
....ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287.......nd during the pendency of the Rule. It appears from the record that on the basis of the aforesaid general diaries, the officer in charge of the said police station submitted a report recommending for appointment of a receiver under section 145 Cr.P.C. stating that there was apprehension of breach of..Category: Criminal Law | Date: | Hits: 237