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Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....st any distressed person of his locality misappropriated the entire 20 metric tons of relief rice for making illegal gains at the expense of the distressed people. All these witnesses are found to be independent, natural and probable witness having no animus against the accused person and they remai......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....e granted bail in an appropriate case but a sitting member of Parliament loses his qualification at once because his such qualification under clause (1) of Article 66 is subject to clause (2) and not independent of it. 69. In this connection, it is necessary to examine clause (1) and clause (2) o...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261...Category: Constitutional Law | Date: | Hits: 202
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....owed bail to those three petitioners. Then on 8-2-98 learned Sessions Judge cancelled bail of petitioner Nos. 1 and 2 on their claim that they were allowed bail by this Court. But there was never any independent consideration of the prayer for bail of the petitioners who have been charged under sect......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......recent case of Humayun M Vohra vs. ESPN STAR Sports, the Appellate Division upheld the decision of this Division in which one of us was a party thereto that after termination of a distributorship and appointment of a new distributor in his place the old distributor had no right to injunction either ..Category: Civil Law | Date: | Hits: 148
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....t or rescission and/or alteration the contract need not be performed. But here in the case before us defendant No. 1 just relinquished and waived a part of the contract which is clearly severable and independent from the other part, that is schedule 1(Ka)". 77. Section 15 of the Specific Relief A......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....duddin Ahmed purchased the suit land and got it registered in the name of his daughter, Farida Rahman by kabala being No. 42106 dated 15-12-67. 18. At that time, Farida Rahman had no separate and independent source of income of her own. Mokhleshur Rahman then decided to make a two-storied buildi......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51...Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
....ent worker. The present 9 (nine) Rules, therefore, must fail. In the result, all these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 46....... appointed them as Godown Darwan or Chowkider or Godown Keeper against a named godown on purely temporary basis for a fixed monthly salary subjectto terms and conditions contained in their letters of appointment. The respondent No. 2 in all the 9 writ petitions were aware of the nature of the job an..Category: Employment/Service Law | Date: | Hits: 85
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....t the appellant was seen in the locality for 4/5 days before the occurrence. His such evidence is inconsistent with PW 2. Moreover, relationship of PW 3 with the appellant was inimical. He was not an independent and disinterested witness. Furthermore, his evidence does not prove presence of the appe......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....latory framework for the telecommunications sector is in the process of being established in Bangladesh. In particular, it is anticipated that a new Telecommunications Act will be enacted and that an independent regulatory body will be established to regulate the telecommunications sector as the suc......romotion but it is also true that an employee has a right to be considered for promotion which is a condition of his service. Article 133 of the Constitution gives the authority power to regulate the appointment and service conditions of persons in the service of the republic. But it does not give p..Category: Information Technology Law | Date: | Hits: 321
Nizam Hazari Vs. State, 2001, 30 CLC (HCD)
....e ………………Respondent. Judgment May 2, 2001. Result: The appeal is dismissed. Evidence of police personnel It is a matter of common knowledge that now-a-days impartial and independent witnesses do not dare to come forward to give evidence against offenders, specifically a......nal No.14, Chittagong in Special Tribunal Case No.757 of 1999 stand maintained. Lower Court Records be sent down immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 475. ..Category: Criminal Law | Date: | Hits: 58
Milon @ Shahabuddin Ahmed Vs. State, 2001, 30 CLC (HCD)
....arned Advocate referred to section 114(g) of the Evidence Act and cited 2 cases. In the case of Alkas Mia and others Vs. The State, reported in 25 DLR 398 it has been held that, “Non examination of independent witnesses, particularly some of the neighbours raises a presumption against the prosecut...... Ahmed are hereby maintained. Send down the lower Court records along with a copy of this judgment to the Court concerned at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 464. ..Category: Criminal Law | Date: | Hits: 35
Mainuddin Chowdhury & others Vs. State and another, 2001, 30 CLC (HCD)
....alleged threat was made and the police report is also vague and it does not mention any specific incident of threat. The learned Advocate also submits that the learned Sessions Judge did not make any independent opinion of his own on merit of the grounds taken in the application by the informant opp......itioners No.4 be enlarged on bail to the satisfaction of the Deputy Commissioner, Chittagong, if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 416. ..Category: Criminal Law | Date: | Hits: 43
Abdul Mannan and another Vs. Bangladesh, 1999, 28 CLC (HCD)
.... Petition No.2259 of 1998 are discharged without any order as to costs. The order of stay granted earlier in both Rules are hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 471. ......submission the learned Deputy Attorney-General produced before us the official file of delimitation of Wards of Lalmohan Pourashava being File No.2-6/98, serial No.208 and regards to us the letter of appointment of the Delimitation Officer issued by the respondent No.4 vide memo No.Pourashava-2/Ward..Category: Election Law | Date: | Hits: 97
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....5(3) belongs to the realm of the substantive law of Contract, not to that of the adjective law of Limitation. They represent two distinct genetivity. All that section 25(3) does is the knitting of an independent contractual nexus between the time barred creditor and the debotor, as a corollary of wh...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ..Category: Banking Law | Date: | Hits: 215
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......inted as peon on 29-5-97 and he joined on 1-6-97 (Annexure-A series to the petition). 3. The petitioners have been regularly serving in their respective capacities in the said Madrasha since their appointment. They also received salaries up to April, 1998 and allowances including the portion of G..Category: Employment/Service Law | Date: | Hits: 84
District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)
.... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ......led. The defendant /petitioner No.3, the District Registrar, Manikganj, contested the suit and filed written statement denying the material allegations made in the plaint and contending that in the appointment letter dated 21.11.1985 the plaintiff was asked to file the original certificate were ..Category: Civil Law | Date: | Hits: 106
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....inciples of law that when a document is executed and registered by a village illiterate pardanshin lady onus heavily lies upon the recipients of the document to show that the executrix had proper and independent advice before she executed the document in question. In a case of fraud the question of ......bove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ..Category: Property Law | Date: | Hits: 84
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......e Government was published in the Bangladesh Gazette on 25‑1‑1982. In due course an official liquidator was appointed in respect of the properties of the company. On coming to know about his such appointment as the liquidator the petitioner again by her letter dated 21‑4‑1983 (Annexure G) br..Category: Business or Commercial Law | Date: | Hits: 194
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
....h Adalat was manifestly wrong in passing the impugned order of conviction and sentence against the accused-appellant. The learned Advocate submits that since the prosecution has failed to examine any independent, natural and probable witness to support its case, the impugned order of conviction and ...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..Category: Criminal Law | Date: | Hits: 45
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....credible" and "reasonable" used in the first clause of section 54 must have reference to the mind of the person receiving the information which must afford sufficient materials for the exercise of an independent judgment at the time of making the arrest. In other words, the police officer upon recei......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
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