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Solaman Vs. State, 2005, 34 CLC (HCD)
....very of alleged arms from the specific possession of the accused-petitioner. That Police are alleged to have recovered the anus was categorically supported only by the police witnesses and not by any independent witnesses and, as such, the conviction and sentence passed against the accused-petitione....... 236 of 1999 is hereby set aside. The accused-petitioner be set at liberty if not wanted in any other case. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 429. ..Category: Criminal Law | Date: | Hits: 53
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....ows: (1) Except the confessional statements of the co-accused there was nothing on record against them. (2) Confession of a co-accused could not be the sole basis of conviction unless there was independent evidence on record to bring home the charge against these appellants. (3) Both of the......e set at liberty at once if not wanted in any other case. Send down the LC Record with a copy of the judgment. Ed. This Case is also Reported in: 58 DLR (2006) 373, 26 BLD (HCD) (2006) 641. ..Category: Criminal Law | Date: | Hits: 236
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....ely erroneous rather we find that the proposed amendment was explanatory and elucidative of facts already asserted in the plaint. The learned District Judge without considering the material facts and independent finding rejected the revision and in consequence committed an error of law resulting in ......ed earlier by this Court is hereby vacated. Communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 370. ..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....in that dale and also agreed that they will not ask for any adjournment until it is required on emergency. Communicate the order at once. Ed. This Case is also Reported in: 58 DLR (2006) 364.......agistrate presided over by Mr. Md. Moniruzzaman Khan for trial and disposal. 4. The said Court received the case on 27-8- 2002. On the said date the first party petitioner filed an application for appointment of receiver. The 2nd party filed an application for rejection of the said application fo..Category: Criminal Law | Date: | Hits: 55
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....te party No. 2 on 7-10-85, followed by other two petitions, filed on 20-12-85 and 17-2-86 respectively, as are available in the lower Court's record. As such, the instant complaint-petition is not an independent one rather, in order to fulfill the legal requirements as contemplated in section 195(1 ......l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311...Category: Criminal Law | Date: | Hits: 60
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....aid abuse may aggravate the suffering without end. On plain reading of section 7 of the Ordinance 1961, it can be said that it was never the intention of the legislature that a husband exercising his independent act pronouncing talaq cannot be given effect to until and unless such notice is given to......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......7, 113, 100 and 101 respectively amongst a total of 116 Assistant Engineers. The petitioners show that the respondents No. 6 to 13 were appointed to the post of Assistant Engineer (Civil) by order of appointment contained in Memo No. 67-Paubo (Kop)/B-l/Sha-l/B-2/88 (Part-3) dated 5-3- 2000 (Annexure..Category: Employment/Service Law | Date: | Hits: 79
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
.... terms they are almost invariably held to be mandatory". In the present case, we are called upon to interpret clause (3) of Article 147 along with its proviso. 55. A proviso to a section is not independent of the section calling for independent consideration or construction detached from the c......97 were in accordance with law. It is also stated in the affidavit-in- opposition filed by Mr. Anwar Hossain in Writ Petition No. 3834 of 1999 that since those impugned orders regarding dismissal and appointment of some persons in the Company was subsequently withdrawn Rule in the said writ petition..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ...... facts leading to the issuance of the Rule, in brief, are: On 15-1-1971, petitioner was appointed Nikah Registrar for Shahpur Union and since then he has been working as such. All of a sudden the appointment of the petitioner as the Nikah Registrar was revoked and Moulana Md. Abdus Salam was app..Category: Employment/Service Law | Date: | Hits: 81
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....at if the plaintiff-petitioners are aggrieved by the quantum of compensation they can agitate their grievance before the appropriate authority under the appropriate law but certainly not by filing an independent suit in a civil Court. 8. We have perused the application along with the annexures an......ceived and there is no scope to interfere with the impugned order. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 103. ..Category: Civil Law | Date: | Hits: 99
Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....ecision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ...... under a city corporation or pourashava, not more than three wards an (b) In the case of other areas, not more than three unions and that the respondent No.2, by the order dated 16-7-2002, upheld the appointment of Nikah Registrars of 10 Wards of Dhaka City Corporation which was abolished earlier ..Category: Civil Law | Date: | Hits: 105
Government of Bangladesh and others Vs. Kamrun Nahar and 5 anothers, 2010, 39 CLC (AD)
....on Rules, 1981. These petitions are disposed of with the above modification and observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 18, VIII ADC (2011) 95, 8 LG (AD) (2011) 21.......ppointed on regular basis through the Bangladesh Service Commission either by interview or otherwise, as may be decided, by the Commission. Sub-Rule (2) of Rule 4 provides the eligibility for regular appointment as lecturer under certain criteria. Rule 8 provides for seniority and promotion which re..Category: Employment/Service Law | Date: | Hits: 91
Jabed Ali alias Kasai Jabed alias Mawra Jabed Vs. State, 2011, 40 CLC (HCD)
....oom of occurrence and saw the arms in question. The police told him that they had recovered the said arms. The defense declined to cross-examine him. P.W.3 Sayed Hasan, a local witness and apparently independent, stated that on the date and time of occurrence he was passing through the front side of......war Ali is acquitted of the charges levelled against him and discharged from his bail bond. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 44
Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....smissed the A.T. Case No. 89 of 2000. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 111, 63 DLR (AD) (2011) 119. ......eated. Bangladesh Bureau of Statistics, Bangladesh Secretariat, Dhaka floated an advertisement on 06.11.1974 inviting applications for the post of compositors among other posts. The qualification for appointment of compositors had been required to be matriculation or equivalent examination having pr..Category: Administrative Law | Date: | Hits: 215
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
....ed confessional statements made by accused-appellants. He incidentally submits that the accused-appellant Kazi Shahjahan (in Criminal Appeal No.232 of 1995) did not confess his guilt nor there is any independent evidence to show that they committed the offence as alleged. He finally submits that the....... Send down the LC records along with a copy of this judgment to the Trial Court concerned at once for information and necessary action. Ed. This Case is also Reported in: 52 DLR (2000) 566. ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
.... be subject to torture or to cruel, inhuman or degrading punishment or treatment" (Article 35(5); “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" (Article 35(3). However, by referenc......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..Category: Criminal Law | Date: | Hits: 128
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....he English synonym, in our opinion, is “satisfaction” and in the proviso to sub-section (2) it is ‘opinion.’ The main thrust in the argument for the petitioner has been that there has been no independent and separate satisfaction by the Bangladesh Bank that 7 days time given to the petitione......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..Category: Employment/Service Law | Date: | Hits: 79
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......93 of 1995. Judgment Md. Tafazzul Islam J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 29-6-92 (Annexure-C) purporting to cancel the appointment of the petitioner should not be declared to have been made without any lawful authority ..Category: Employment/Service Law | Date: | Hits: 117
Md. Ashraf and others Vs. State, 2011, 40 CLC (HCD)
....d to the application, it appears that there is no specific mention the name of the persons from whom the alleged arms were recovered and the aforesaid factual aspect of the case in the absence of any independent liability regarding the control and possession of the fire arms we find the findings the...... to cancel the bail, if the accused appellants misuse in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 60
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ......on of war and peace, decision as to whether national danger exists (R Vs. Hampden, the Ship money Case 1637 3st Tr 825), restricting entry of aliens into the country, disposition of the armed forces, appointment of ministers, defence of the realm (Council of Civil Servants Union Vs. Minister of Stat..Category: Constitutional Law | Date: | Hits: 231
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