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Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)
....he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......n 02.07.2005 cancelling his appointing as Nikah Registrar. 3. The respondent No.1 contested the suit by filing a written statement denying all material allegations contending, inter alia, that the appointment of letter of the petitioner is a forged and fraudulent document and that the petitione..Category: Civil Law | Date: | Hits: 111
Sayed and others Vs. State, 2009, 38 CLC (AD)
....inal Abedin, the political rival of Chairman Jalaluddin as the accused appellants are the supporters of the incumbent Chairman; that the trial Court also did not take care to analyse why there was no independent witness of the occurrence though it has come in evidence that the occurrence took plac......ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ..Category: Criminal Law | Date: | Hits: 26
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......e transfers, two civil suits were filed in the Third Court of Subordinate Judge against the above transactions, which are still pending. They prayed for rejection of the application of the mother and appointment of petitioner No. 3, Zahidul Islam, as guardian of the minor. 4. On hearing the appli..Category: Family Law | Date: | Hits: 179
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....licity of the offender in the commission of the alleged offence. The evidence of an expert cannot alone be treated and used to form basis to find an accused guilty and to form basis of his conviction independent of the substantive evidence of the PWs in the case. Expert evidence is a strong corrobor...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...Category: Criminal Law | Date: | Hits: 30
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
.... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ......g us through the said Annexure-A to the writ petition pointed out that it is clearly mentioned at the top of said Annexure-A the word 'সনদপত্র’, and in the said Annexure-A the date of appointment, the date of dismissal, the total period of service, the educational qualification and t..Category: Employment/Service Law | Date: | Hits: 80
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....sideration. The learned Advocate further submitted that admittedly there is no written contract/agreement for sale and the so-called oral agreement could not be proved by the plaintiff by producing independent witnesses and the witnesses produced in the Court below are the relatives and nearest ......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707...Category: Property Law | Date: | Hits: 42
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....ld be no need for opposite party No. 1 to proceed further with her suit before the Family Court. Opposing the submission, Mr. Sasti Sarkar submits that there is no bar for the proceedings to continue independent of each other and he cites the decision in the case of Abdur Rahman Vs. Shahanara Begum,......ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481...Category: Family Law | Date: | Hits: 185
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639.......80 of 2006 allowing the appeal and setting aside the order dated 30.03.2006 passed by the learned Joint District Judge, Arbitration Court, Dhaka in Title Suit No. 22 of 2004 rejecting application for appointment of receiver. 2. The facts, in short, are that the respondent No.1 as plaintiff file..Category: Property Law | Date: | Hits: 27
Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)
.... the uncorroborated testimony of informant Shariful Islam, which itself suffers from basic infirmities. This is indeed a classic case in which the Court must ask for the evidence of natural, probable independent witnesses to lend assurance to the evidence of interested and partisan witnesses. We are....... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464...Category: Criminal Law | Date: | Hits: 28
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....as arrested under section 54 of the Code of Criminal Procedure but it cannot be said that this arrest was made with a view to detain him under section 3(2) of the Special Powers Act. Section 54 is an independent section of the Code of Criminal Procedure under which police has been given power to arr......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405...Category: Criminal Law | Date: | Hits: 60
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......appointed for the purpose by such person by a document in writing signed by such person or by his recognised agent or by some other person duly authorised by or under a power of attorney to make such appointment. (2) Every such appointment shall be filed in court and shall be deemed to be in forc..Category: Procedural Law | Date: | Hits: 62
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
.... on record of the case we find it difficult to accept and rely on the evidence on the evidence of PW 3 as the basis for conviction of the appellants in absence of corroboration of his evidence by any independent and neutral witness as a rule of prudence. 36. Now turning to the confessional statem...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ..Category: Criminal Law | Date: | Hits: 35
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....not exempted from explaining in the course of recording evidence why its original was not produced. Even assuming this is not admissible in evidence, the appellant's case of amicable partition stands independent of Ext.16 as other evidence and circumstances including the previous judgment are quite"......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...Category: Property Law | Date: | Hits: 36
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......owing the provisions of the Government Servants (Discipline and Appeal) Rules, 1985, hereinafter referred to Rules, 1985. The petitioner asserted that he was appointed as Thana Extension Officer vide appointment letter dated 07.02.1974 and he joined his post on 20.02.1974 and that by dint of his sat..Category: Administrative Law | Date: | Hits: 192
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....etween the informant party and the accused persons, rule of prudence required that the evidence of these two eye‑witnesses were closely scrutinised and corroborated by the evidence of impartial and independent witnesses before their evidences were relied on in basing the impugned judgment and orde......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...Category: Criminal Law | Date: | Hits: 39
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... undertaken pursuant to the National telecommunication Policy, 1998. The Act of 2001 provided for a new regulatory framework for telecommunications, including radio and television, by establishing an independent Regulatory Commission. Television broadcasting was, intended by the Act of 2001 to be re......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...Category: Information Technology Law | Date: | Hits: 230
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......ff, whereupon 26‑8‑2001 was fixed for hearing of the matter. 5. Then, on 9‑9‑2001 in the violation case the plaintiff made and moved an application under Order XXXIX rule 7 of the Code for appointment of an Advocate Commissioner for inspection of the suit land of 'Kha' schedule, which was..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....r section 85(3) of the Companies Act, 1994 (hereinafter called 'the Act') and also prayed for calling, holding and conducting the AGM for the years 1998‑2000 under the Chairmanship of a neutral and independent person and the Company Court after hearing the parties by its order dated 15-4‑2002 ......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....the informant filed this case, he further added. He lastly submits that the alleged occurrence took place admittedly just before the sunset within a densely populated area, but none of the neighbours/independent witnesses has been examined to prove the bonafide of the prosecution case and accordingl...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69...Category: Criminal Law | Date: | Hits: 28
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....he Accepted Bills for Payment (ABPs) and communication of its decision to pay on the due date, a new contract takes effect between the advising/negotiating bank and issuing bank, and such contract is independent of and separate from the contract of sale, neither the seller nor the buyer has any priv......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...Category: Civil Law | Date: | Hits: 100
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