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Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....and discretion vested in the ACC. The ACC owes it’s existence not only to sub-section (1), but to both sub-section (1) and (2) of section 3 of the Act. 16. The word "স্বাধীন" or "independent", as been used in subsection (2) of section 3, denotes independence from external pres......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...Category: Criminal Law | Date: | Hits: 111
....of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......urt Division making the rule absolute.
2. The respondent hereof as petitioner filed the Writ Petition with prayer for direction upon the respondent, amongst others, not to issue further letters of appointment prior to absorption of the surplus officials and staffs of Dhaka Electric Supply Authori..
Category: Employment/Service Law | Date: | Hits: 62
....t consulting the Minister of Pensions replied that the claimant's disability had been accepted as attributable to military service. On the faith of that assurance the claimant took no steps to obtain independent medical opinion or to secure possession of X‑ray plates relating to his accident. In t......ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
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Category: Property Law | Date: | Hits: 92
Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)
....accused persons in the commission of the crime as nothing was said by the witness against the accused as to what happened to the victim. 17. P.W.7 Nasiruddin is another witness who is stated to be independent. He went to the hat for purchasing cow. On his way back he found accused Tasir, Fazlur R......lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam 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) 136...Category: Criminal Law | Date: | Hits: 76
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......s or under rules 1 to 4 of the same Order but also admissions made else‑where during the trial. We are, therefore, entitled to see the appellants reply dated 10th March, 1959 to the application for appointment of receiver as also their reply dated 29th June 1970 to the plaintiffs' application for ..Category: Civil Law | Date: | Hits: 104
Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)
.... the Ministry of Health, respondent No.1, Civil Surgeon-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......tisfactory replied all the questions asked by the Board to the petitioner and she became confident about the success in the Viva examination. 4. On 13-4-2010, the Civil Surgeon, Pirojpur, issued appointment letter for the post of above mentioned Health Assistant for Nazirpur Upazilla where the ..Category: Employment/Service Law | Date: | Hits: 91
.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
......r dated 20.1.81 the inter alia, that as he was the legal trustee by an functioning as such as per terms and conditions of the Trust Deed no other trustee could be appointed and therefore the order of appointment of the Thana Revenue Officer was illegal and without jurisdiction. The said objection wa..
Category: Trust/Waqf Law | Date: | Hits: 183
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......002. 2. The facts, leading to the filing of this petition, in a nutshell, are as follows: 3. The petitioner was appointed as “Work mistri” in the Railway Department and at the time of his appointment in service, he declared that his date of birth was 08.04.1952 and in support of his date..Category: Administrative Law | Date: | Hits: 196
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......pal Holding No.72 is situated in CS Plot No.102 and not in plot No.101. To resolve that dispute the plaintiff on 4.11.89 filed an application under Order 26, rule 9 of the Code of Civil Procedure for appointment of a survey knowing Advocate Commissioner to determine and to ascertain the suit propert..Category: Property Law | Date: | Hits: 71
....s Bank Limited Vs. Murree Brewery Company Limited reported in 8 PLR (Lahore) 111 it was held by a judgment delivered by Muhammad Munir CJ, as he then was, that a judgment or an order, however high or independent the tribunal delivering or making it and however exclusive its jurisdiction, is a nullit......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....een the Jamaat‑e‑Islami and the Awami League and the petitioner being the head of the Jamaat‑e‑Islami became the target of the Awami League, which later on, formed the first Government in the independent Bangladesh; that in spite of political differences with Awami League the petitioner advo...... 538, a Commission of Enquiry was appointed to enquire into the affairs of the Companies and the firms which were promoted or controlled by Ram Krishna Dalmia, Jaidayal Dalmia, Shand Prasad Jain. The appointment of Commission of Enquiry in that case was challenged on the ground of discrimination whi..Category: Immigration and Citizenship Law | Date: | Hits: 343
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
.... Enayet Hossain reported in 17 BLD (AD) 44 = 2 BLC (AD) 16. 41. In the case of Sher Ali Vs. State reported in 46 DLR (AD) 67, the Appellate Division has held that the inherent power may be invoked independent of powers conferred by any other provisions of the Code of Criminal Procedure and this p......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....e senior-most Judge of the Supreme Court of Bangladesh as the Chief Justice of Bangladesh. It is stated in the petition that it is a fundamental right of every citizen to have access to impartial and independent Court's Tribunals and the exercise of that right is dependent on the independence of jud......tal right of every citizen to have access to impartial and independent Court's Tribunals and the exercise of that right is dependent on the independence of judiciary which can be secured only through appointment of persons of high integrity, repute and competence, strictly in accordance with the pro..Category: Constitutional Law | Date: | Hits: 228
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....ced that the defendant side did not turn to cross-examine any of the witnesses. 20. Long line of judicial pronouncement of this sub-continent is that if a witness is otherwise found be reliable or independent or non-partisan or disinterested, the evidence of such alone witness can be taken as the......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ..Category: Property Law | Date: | Hits: 74
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....e 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 ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
State Vs. Kazol, 2011, 40 CLC (HCD)
....ation. It is also asserted by the I.O. that no witness at the time said anything, in particular, about the P.W.12 Hira being the messenger of the news of Taposh’s fatal injury. 5. There are some independent witnesses in this case, aside from P.W.1 Marzina, of whom the P.W.s 8, 11, 16, 17 and 18...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....t of the loan facility. While the Petitioner now seeks to enforce the ostensible strict liability of the Respondent No.1 to settle the dues under the Guarantees irrespective of the Petitioner’s own independent dealings with the borrower, the Respondent No.1 questions the very premise of these wind......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..Category: Company Law | Date: | Hits: 203
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
.... avoid conflict of opinion between the two courts, but in the absence of any provision to that effect in the Evidence Act they could not see how that can be avoided as long as it was possible for two independent Judges of two courts to come to different findings on the same evidence and the referenc......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....the finding that there exists a prima facie case against the accused petitioners and it is evident that he considered the merit of the case and thereby left nothing for the Magistrate to exercise his independent judicial mind so as to pass appropriate order as he would deem fit and proper. Section 2......istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ..Category: Criminal Law | Date: | Hits: 89
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....at evidence it will be pointless to bring on record or consider other evidence showing participation of the accused in the said offence. Consideration of an alleged confession without there being any independent 8vidence of any offence having been committed which is alleged to be confessed amounts t......nst them. It is directed that the condemned prisoners 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) 83. ..Category: Criminal Law | Date: | Hits: 110
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