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State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
.... two whose names may have been introduced because they are enemies of the approver. The only real safeguard therefore, against the risk of condemning the innocent with the guilty lies in insisting on independent evidence which in some measure implicates each accused. 29. For corroborative evidenc......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......e plaint case by filing a written statement. 3. Then, on or about 3‑7‑2001 the plaintiffs made an application under Order XL rule 1 (a) read with section 151 of the Code of Civil Procedure for appointment of a receiver for maintenance, preservation, protection and management of the suit prope..Category: Property Law | Date: | Hits: 69
Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....provision that customs duty is to be levied on the actual price or the nearest equivalent of such price the imported goods would fetch on a sale in the international market between a buyer and seller independent of each other. Sub‑section (7) of section 25 of the Customs Act no doubt, empowers the......rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation and others, 2002, 31 CLC (HCD)
....e Metropolitan Chamber of Commerce and Industry for arbitration in accordance with clause 18 of the contract. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 224. ...... the contract and receipt of the final bills, the contractor claimed further sums including damages for repudiation of the contract. The appellant declined to meet the demands. Pursuant to unilateral appointment of a sole arbitrator by the contractor, the appellant made an application before the Cou..Category: Alternative Dispute Resolution | Date: | Hits: 245
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ..Category: Criminal Law | Date: | Hits: 56
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....ng, in the generality of case that no reliance can be placed on the evidence of an accomplice unless that evidence is corroborated in material particulars, by which is meant that there has to be some independent evidence tending to incriminate the particular accused in the commission of the crime. I......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ...... Appraiser to Inspector which, in fact, is demotion and by giving retrospective effect to the seniority of the Inspector, Preventive Officer and Intelligence Officer from the date of their respective appointment in the service has reduced the seniority of the petitioner. The learned Advocate has sub..Category: Employment/Service Law | Date: | Hits: 116
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....t the time the Bill of Entry is delivered. 12. Md. Bazlur Rahman Chhana, the learned Deputy Attorney-General appearing with the leave of the Court, submits that the petitioner was required to show independent reliable materials apart from the invoice to establish that the invoice value was the no...... two months. There shall be no order as to costs. Let a copy of this order be sent to the Commissioner of Customs, Chittagong. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 382. ..Category: Fiscal/Taxation Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....f the Code of Criminal Procedure. When a litigant resorts to section 438 of the Code of Criminal Procedure, Sessions Judges must read section 435 of the said Code together, because section 438 is not independent of section 435. In other words section 438 should be read along with and subject to the ......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379...Category: Criminal Law | Date: | Hits: 57
....efits he is entitled to get under the aforesaid Bangladesh Water Development Board (Employees) Service Rules, 1982, i.e. under the law.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 136.......arrear salaries and other allowances as admissible to him in law.
2. The petitioner was appointed as a Sub-Assistant Engineer vide Board’s Memo No 280 WDB/Adm/B-2/1-p-6/98 dated 18-10-98 and the appointment letter has been annexed to the writ petition as Annexure-A. Since after his appointment ..
Category: Employment/Service Law | Date: | Hits: 72
Mukit and others Vs. State, 2011, 40 CLC (AD)
....order of Angurer nessa, Mukit caused the death of Faziruddin. 13. The High Court Division reassessed the evidence on record and observed that P.Ws.1-5 are eye witnesses, of them, P.Ws.3 and 10 are independent witnesses. The High Court Division further found that these witnesses corroborated oth......in be set at liberty at once if not wanted to connection with any other case. This Case is also Reported in: 8 LG (AD) (2011) 17, 16 MLR (AD) (2011) 86, VIII ADC (2011) 238, 31 BLD (AD) (2011) 56. ..Category: Criminal Law | Date: | Hits: 49
A. F. M. Obaidur Rahman Vs. Md. Asgar Ali and others, 2003, 32 CLC (AD)
....ny infirmity in the impugned judgment of the High Court Division for interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 34, 63 DLR (AD) (2011) 80. ...... till the general election to the elective offices of the Executive Committee or Managing Board, as the case may be, held and such general elections shall be held within three months from the date of appointment of the ad hoc Committee or Board. (4) Notwithstanding anything contained in clause (1..Category: Civil Law | Date: | Hits: 116
Hanif Sheikh (Md.) Vs. Asia Begum, 1998, 27 CLC (HCD)
....s examined by the prosecution are close relations of the complainant and are imimically disposed towards the accused petitioner. The prosecution has signally failed to examine even a single probable, independent and disinterested witness to support its case without any reasonable explanations. The s......he charges leveled against him. The accused petitioner is discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 129...Category: Criminal Law | Date: | Hits: 67
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....idence or non-consideration of any vital evidence and circumstance materially affecting the merit of the case. It is true; in this case PWs 1-3 are close relations. PWs 4 and 5, however, appear to be independent witnesses having no animus against the accused petitioners. There is no earthly reason t......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......for construction of the building, etc. It further states that four hundred students including two students from Nepal got themselves admitted in MBA course on fulfillment of all legal formalities and appointment of the teachers and admission of the students was communicated to the Secretary of the M..Category: Others | Date: | Hits: 104
State Vs. Rabiul Hossain alias Rob, 2000, 29 CLC (HCD)
.... to this Court. The connected appeals being Criminal Appeal Nos.1205 of 1997 and 1391 of 1997 may go out of list for the time being. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 370.......ique, the learned Advocate was appointed on behalf of the State to defend absconding accused Ela and Jalal. It further appears that from order No.43 dated 24-2-97 that on prayer of Jafar Siddique his appointment was cancelled and Mr. Nasiruddin Ahmed, the learned Advocate was appointed by the State ..Category: Criminal Law | Date: | Hits: 47
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....ned judges as noted above. 8. Mr. Huq states that this Court in exercise of its power under Article 102 can order to refund of money realised by the respondent No. 1 without sanction of law and no independent suit for refund of such money is necessary. Whether an independent suit is necessary for......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....rmal market price and, as such, the basis for levy of duty in exercise of delegated power in the present case is without lawful authority. Further, it was argued that sub-section (7) of section 25 is independent of other provisions of the section and there being no guideline for determination for fi......For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......octor would cure her illness. Subsequently she went Natore on 1st Kartik, 1384 B.S with the defendant, where he took her left thump impressions on some papers telling that those were applications for appointment of the doctor. Ultimately they came back from Natore without consulting the doctor. In m..Category: Property Law | Date: | Hits: 54
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....lled records of the Court, and are of such high and super imminent authority that their truth is not to be called in question; a judicial organised tribunal having attributes and exercising functions independently of the person of the Magistrate designated generally to hold it, and proceeding accord...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..Category: Criminal Law | Date: | Hits: 164
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