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Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)

....ed that some fake persons used his name in opening the said account by resorting to deliberate fraud. There is absolutely nothing on record to disbelieve this witness, who is found to be a thoroughly independent, natural and probable witness in the case. I do not, therefore, find any reason to disbe...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..

Category: Criminal Law | Date: | Hits: 40

Salim (Md.) Vs. State, 2001, 30 CLC (HCD)

....d suicide after being rebuked by her parents over her alleged affair with her sister’s husband Salim. 19. PW 7 Md. Shahabuddin is a neighbour of informant Abdul Bari who is found to be a totally independent, natural, and probable witness. He stated in his evidence that on going to the house of ......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359...

Category: Criminal Law | Date: | Hits: 53

Khulna Newsprint Mills Limited Vs. Chairman, Labour Court, 1999, 28 CLC (HCD)

....impugned judgment and order passed by that Labour Court is set aside without any order as to costs. Let the LC Records be sent down Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 271.......na Labour Court under section 34 of the Industrial Relations Ordinance stating, inter alia, that he was employed by Khulna Newsprint Mills Limited as a “Sukani” in 1961 and in the application for appointment he wrote he was born in 1936 and at the time of his appointment, the Public Servant Reti..

Category: Labour and Industrial Law | Date: | Hits: 117

State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)

.... against the accused persons under appropriate sections of law to stand trial before the Court. 29. From the discussion of the evidence made above, it is found that PW 7 Ambia Khatoon is a totally independent, natural and probable witness, who fully supported the prosecution case in all material ......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..

Category: Criminal Law | Date: | Hits: 76

Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)

....rels chemically must considered as vital omissions for a case of this nature which made the testimony of the victim unworthy to believe. The evidence of P.W.s 1 and 2 has not been corroborated by any independent witness as regards her going to the house of the accused-appellant and on other circumst......is acquitted of the charge brought against him and he be discharged from him bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 255. ..

Category: Criminal Law | Date: | Hits: 32

Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)

....the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......les of Association of SIBL. The office of the above mentioned Directors falling vacant was confirmed in a resolution at the 64th Board meeting of SIBL held on 8-7-2001 (Annexure J). Consequently, the appointment of the petitioners as alternate directors are no longer valid. Section 101(2) of the Com..

Category: Company Law | Date: | Hits: 208

Mohammad Ali Vs. State, 2000, 29 CLC (HCD)

....ntioning the father’s name and full address of said Mohammad nor they ever stated about the overt act of the accused-appellant in the alleged occurrence. He finally submits that there is no iota or independent and corroborative evidence inasmuch as the inmates of the place of occurrence house fail...... down the LC record 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: 52 DLR (HCD) (2000) 245. ..

Category: Criminal Law | Date: | Hits: 89

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....The debate as to whether the Lahore resolution of 1940, moved by Sher-e-Bangla, which paved the genesis for the future journey that eventually culminated in the creation of Pakistan, contemplated two independent states or just one single entity, may never be resolved this way or the other, but, the......purported exercise of the powers referred to in sub-paragraph (2) or in execution of or in compliance with orders made or sentences passed in exercise or purported exercise of such powers. (4) All appointments made during the said period to any office mentioned in the Third Schedule shall be deem..

Category: Constitutional Law | Date: | Hits: 482

Nisha Rani Devi Vs. National Board of Revenue, Peoples Republic of Bangladesh and others, 1998, 27 CLC (HCD)

.... make any assessment. In the case of Kadarnath Jute Mft Co Ltd. Vs Commissioner of Income Tax (Central) Calcutta reported in (1971) 28 STC 672 (SC) it was held that the liability to payment of tax is independent of the assessment. Furthermore the amount paid in excess, if any, has to be claimed unde......and in that view of the matter cannot get any refund. In the result, the Rule is discharged without however any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 230. ..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....ence and punishable under the law and for that only there would exist no law for the same matter to be considered sufficient for a detention under the Special Powers Act when there are other specific independent grounds for detention, but where a criminal proceedings is essentially on the same subje......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..

Category: Constitutional Law | Date: | Hits: 195

Nure Alam and others Vs. State, 2002, 31 CLC (HCD)

.... beyond any reasonable doubt. 9. In reply to the argument advanced by Mr. Shaukat Ali Khan that all the prosecution witnesses are the relations of the informant and without any, corroboration from independent witnesses their evidence should not be relied on, the learn Assistant Attorney-General s......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ..

Category: Criminal Law | Date: | Hits: 42

Kashem Vs. State, 2001, 30 CLC (HCD)

....e mandatory provision of section 103 of the Code of Criminal Procedure while convicting the accused appellant relying on the evidence of only police personnel, without any corroborative evidence from independent sources and, as such, the impugned order of conviction and sentence is not sustainable i......the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ..

Category: Criminal Law | Date: | Hits: 37

Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)

....en in continuous possession in the suit property since before and as such there is no question of disobedience of the decree. It was also contended that the plaintiff petitioner has already, filed an independent suit for recovery of khas possession in the suit property and as such the decree for per...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ..

Category: Procedural Law | Date: | Hits: 79

State Vs. Moslem, 2002, 31 CLC (HCD)

....condemned prisoner and on latter's pointing body remains of victim Salma, Exhibits VI‑IX and her wearing apparels, Exhibits I and II had been recovered. Extra‑judicial Confession was proved by an independent witness PW 23, a responsible Police Officer who bore no animus against the condemned pri......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ..

Category: Criminal Law | Date: | Hits: 82

Shebait Mohanta Sree Kedar Nath Achari Vs. Sree Khitish Chandra Bhattacharya and another, 1999, 28 CLC (HCD)

.... this order. Communicate the order to the Courts below. The application for vacating the order of stay is disposed of accordingly. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 176. ......on record and, as such, the impugned judgment is liable to be set aside. 4. Learned Advocate for the opposite party No.1 submitted that as the learned Magistrate gave importance to the question of appointment of Mohanta without giving importance to the oral and documentary evidence of possession ..

Category: Criminal Law | Date: | Hits: 32

Ahsan Ullah (Md) Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice and others, 1998, 27 CLC (HCD)

.... The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 168.......s and Divorces (Registration) Rules, 1975 as amended up to date. That the petitioner while was discharging his duties as such the respondent No.2 issued the aforesaid notice vide Annexure ‘A’ for appointment of Nikah Registrar for each ward of a union and pursuant to Annexure A the respondent No..

Category: Employment/Service Law | Date: | Hits: 76

Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)

.....7.84. He further submits that findings of the District Judge-was in full conformity with, the provision of rule 1 of Order 47 of the Code of Civil Procedure. The District Judge has not arrived at an independent finding but he simply confirmed the finding of the learned Munsif. He further argued tha......w the case of the opposite parties that this order dated 13.9.84 was obtained at their back and they filed pe­tition under Order 47, rule 1 of the Code of Civil Procedure for review of this order of appointment of Advocate Commissioner for recording his evidence. 9. Both the parties admitted thi..

Category: Procedural Law | Date: | Hits: 95

Belal Ahmed Vs. State, 1987, 16 CLC (HCD)

....tarted investigation into the case on the basis of that G.D. entry. 5. The second point that Mr. Sinha raised is whether non-examination of vital witnesses such as mother, sister, father and other independent witnesses has seriously prejudiced the accused or not. Thirdly Mr. Sinha argues that ......liberty at once if not wanted in connection with any other case. If on bail, the bail bonds of the accused appellant Belal stands cancelled. Ed. This Case is also Reported in: 40 DLR (1988) 154. ..

Category: Criminal Law | Date: | Hits: 38

Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)

....no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......ed Deputy Attorney General, appearing for the petitioners submitted that the writ petitioners have been appointed in a special project according to the terms and conditions mentioned in the letter of appointment on temporary basis; that the writ petitioners having been appointed in the special proje..

Category: Employment/Service Law | Date: | Hits: 86

SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)

.... tenancy, that portion becomes a separate raiyati under the Government with which the upgraded raiyat has got no connection. In view of the position, the under-raiyati held by Ayesha upgraded into an independent raiyati which got no connection with the raiyati previously held by Nafisa, now by respo......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..

Category: Property Law | Date: | Hits: 39