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Md.Hasanul Islam Hanif Vs. State, 2011, 40 CLC (HCD)
....esult: The Rule is made. In view of section 134 of the Evidence Act, conviction can be based on the testimony of a solitary witness and it is not necessary to seek corroboration always from independent sources. Adverse presumption under section 114(g) of the Evidence Act is, essentially, a......et the lower Court's record with a copy of this judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 237. ..Category: Evidence Law | Date: 26 Jan, 2011 | Hits: 7
Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)
....g upon the respondents to show cause as to why clause (3a) of Article 12 of the Representation of the People Order, 1972 inserted by Ordinance No.42 of 2008 providing that nomination paper of an independent candidate shall be delivered along with a list of signatures of one percent electors ......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11
StateVs. Noor Islam and others, 2011, 40 CLC (HCD)
....hich resulted in her death. The said sharee was found lying beside the dead body which has been marked as material Ext.I. The confessional statements of the condemned-prisoners lend assurance to this independent material evidence whereby Shilpi Khatun was strangulated to death causing ligature mark ......nce to pay a fine of Tk. 1,00,000/- each, in default to pay the fine, they are to suffer rigorous imprisonment for two years more each. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 141...Category: Women and Children | Date: 13 Jan, 2011 | Hits: 195
State Vs. Alam, 2011, 40 CLC (HCD)
.... to be reversed (State of Maharashtra Vs. Raju Bhaskar Potphode reported in (2007) 11 Supreme Court. 22. Furthermore, it is to be noted here that the P.W.3 neighbour, who may be identified as an independent witness, testified to having heard Alam and Vanu violently quarrelling and about dowry e...... Nari-o-Shishu Nirjatan Daman Tribunal, Kushtia immediately. Send down the Lower Court Records. Communicate this Order at once. Ed. This Case is also Reported in: 16 BLC (2011) 816. ..Category: Women and Children | Date: 11 Jan, 2011 | Hits: 176
Gulshan Club Ltd. Vs. Chairman, National Board of Revenue and another, 2010, 39 CLC (HCD)
....tive upon any person having a TIN number to file a return but the decision to give exemption under section 44(4) from paying tax absolutely lies with the discretion of the Government. These are all independent provisions and clearly spelt out their respective intention without any ambiguity. ......is discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 29. ..Category: Fiscal/Taxation Law | Date: 13 Dec, 2010 | Hits: 48
Hasna Ahmad Vs. State and another, 2010, 39 CLC (HCD)
.... Ali Akkas Vs. Enayet Hossain reported in 17 BLD (AD) 44. 23. In the case of Sher Ali Vs. State reported in 46 DLR (AD) 67, the Appellate Division has held that the inherent power may be invoked independent of power conferred by any other provisions of the Code of Criminal Procedure and this po......ion Act, 1947, now pending before the 3rd Court of the Special Judge, Dhaka are quashed so far as it relates to the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 206. ..Category: Anti-Corruption Laws | Date: 1 Dec, 2010 | Hits: 189
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....as taken by the Special Judge on 17-7-2007, but there was no sanction under section 32(1) as required for taking cognizance by the Court. Such sanction for taking cognizance is separate, distinct and independent from the sanction required for submitting the charge sheet under section 32(2). Such san......il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)
....usness, fear, feeling of powerlessness and other symptoms of psychological harm which sometimes lead to a complete emotional breakdown. In consequence of this emotional breakdown and sometimes independently physical effects such as headache, loss of appetite, loss of weight, nausea and fatig......er along with interest at the rate of 15% stating, inter alia, that the plaintiff was appointed as "Lady Confidential Typist" vide Memo No.SE/1 dated 17-1-1985 with effect from 1-1-1985. After her appointment, considering her performance in service she was upgraded twice in 1996 and 2001 to the ..Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21
Nurul Majid Mahmood Humayun Vs. Brigadier General Hassan PSC (Rtd.) and others, 2010, 39 CLC (AD)
.... against the provisions of the Representation of the People Order, 1972 as Article 12(1) (b) clearly states that the candidate has to be nominated by a registered political party or has to be an independent candidate and the argument put forward by the Election Commissioner in para-2 of th......indings and observations, we do not find any merit in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 89. ..Category: Civil Law, Election Law | Date: 7 Oct, 2010 | Hits: 8
Ain O Salish Kendra Vs. Bangladesh, 2010, 39 CLC (HCD)
....e Justice Forum be set up under the Constitution under the Chairmanship of a senior Judge of the Supreme Court with power to issue directions and guidelines on matters pertaining to children. Such an independent institution would be exclusively dedicated to oversee all matters concerning children an...... (2011) HCD 36, 8LG (2011) HCD 1. ..Category: Women and Children | Date: 5 Sep, 2010 | Hits: 261
....er under
regulation 53(2) on giving not only 90 days pay but the entire service benefit to
his bank account maintained by him. He further submits that since the impugned order
of termination is an independent action taken under regulation 53(2) which has
overriding effect over the other provisio......here will be no
order as to costs. The order of stay granted earlier by this court stands
vacated.
Zubayer Rahman Chowdhury J. - I agree.
Ed.
This Case is also
Reported in:
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Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)
....d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ......(which is very significant) application for substitution of the heirs of the deceased was not filed by the then engaged lawyer Mr. ABM Khairul Hoque." Thereafter, the application runs as "after his appointment as a Judge of the High Court, Mr. Shamsuddin Babul replaced Mr. ABM Khairul Hoque, by le..Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49
Monir Hossain (Md.) and anothers Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... altogether similar. 4. The High Court Division upon hearing the parties by its judgment and order dated 3rd July, 2008 discharged the Rules observing as under: "The commission is made independent and was not bound to accept the request of the Government in its entirety. The comm......result, rather the materials on record proved that the recruitment process was tainted by nepotism, corruption, and political influence. The recommendation of the PSC in respect of selection and appointment of the writ petitioners to different posts is not itself a final decision. The Governmen..Category: Employment/Service Law | Date: 11 Jul, 2010 | Hits: 104
....are also permitted to file important documents by way of additional paper books at the time of hearing of the appeal, if so desire.
Ed.
This Case is also Reported in: VII ADC (2010) 1008.
......after thorough deliberations and examinations of the relevant papers submitted its report on 17.09.2008 to the Authority with the findings that the writ-petitioners were not selected in interview for appointment in their respective job, however, the committee recommended the matter to be placed befo..
Category: Employment/Service Law | Date: 22 Mar, 2010 | Hits: 92
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ce. 55. The unpalatable and obnoxious fact that the informants did not even maintain minimum respect in writing the name of the Founding Father of the Nation, because of whom they do now live in independent Bangladesh and enjoy the fruits of freedom, also leaves a lot to be desired vis–a-......r or even by the Chair, is a decision as contemplated by the Ain. It has been further averred in the petition that under Section 35 (2), read with Sections 2 (f), 2 (j), 16 (4) and 34 of the Ain, the appointment of the respondent nos. 5 and 6 to the Commission was illegal, without jurisdiction and n..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ce. 64. The unpalatable and obnoxious fact that the informants did not even maintain minimum respect in writing the name of the Founding Father of the Nation, because of whom they do now live in independent Bangladesh and enjoy the fruits of freedom, also leaves a lot to be desired vis–a-......r or even by the Chair, is a decision as contemplated by the Ain. It has been further averred in the petition that under Section 35 (2), read with Sections 2 (f), 2 (j), 16 (4) and 34 of the Ain, the appointment of the respondent nos. 5 and 6 to the Commission was illegal, without jurisdiction and n..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......ur, nor through ancestors can the spirit worthy of a Brahman be generated." Thus, according to it, caste division should not be by birth, but by capacity. Again, it says" in making official appointments work, character, and merit were to be regarded neither caste nor the family." &quo..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Government of Bangladesh Vs. Syed Md. Belayet Hossain, 2009, 38 CLC (HCD)
....ng and accordingly the above judgment and order of the High Court Division does not call for any interference. The petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 512. ......r interview and he, having secured highest mark amongst all the candidates who faced the Selection Board, was selected for the post of principal of the above Abdul Malek College. Then in terms of the appointment letter issued on 22.06.2006 he joined the said college on 29.6.2006 as its principal and..Category: Employment/Service Law | Date: 10 Dec, 2009 | Hits: 159
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ave been passed without any lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 19 ......ate opportunity to explain his position and without such adequate opportunity it will be considered to be no notice at all……………… (63) Though in the appointment letters it has been stated that the employment of the petitioners may be cancelled ..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
Dr. Mir Jamal Uddin and others Vs. Dr. Nawzesh Farid and others, 2009, 38 CLC (AD)
....ertake this nation-building process. The process started with the establishment of the PSC itself. The functions were not given in the hands of the political government but entrusted with an entirely independent constitutional body, completely free from any influence, either from the political gover......e filing of the above noted writ petitions, in brief, are that Bangladesh Public Service Commission (PSC) invited applications vide notification dated 28.05.2006, published in various news papers for appointment in the posts of Professors, Associate Professors and Assistant Professors in different d..Category: Employment/Service Law | Date: 14 Oct, 2009 | Hits: 118
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