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Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
.... Result: The appeal is allowed. The Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act No. XVIII of 1995); section 6(3) In a case with an allegation of rape, where there is no independent eye witness and the only evidence is that of the prosecutrix herself and of those to who......ection with any other case. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 245. ..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
State Vs. Secretary, Ministry of Law, Justice & Parliamentary Affairs and others, 2009, 38 CLC (HCD)
.... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ...... judgment is circulated to all Judicial Officers in the service of the Republic. Md. Fazlur Rahman J. - I agree. This Case is also Reported in: 30 BLD (HCD) (2010) 369; 15 MLR (HCD)(2010) 59. ..Category: Women and Children | Date: 3 Sep, 2009 | Hits: 198
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....of section 45 of the Evidence Act, which defines as to who can be said to be expert witness. The Court never appointed PWD officers as expert witnesses. The prosecution witnesses cannot be said to be independent as well as expert witnesses. From the evidence of the PWD officers as analysed above, it......ny investigation on that. He stated that FDR is not a confidential matter and the government deducts tax on the interest of FDR on its maturity. He conceded that there was no gazette notification for appointment of the Investigating Officer. He confessed that he did not investigate the bank account,..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Sree Pintoo Pal Vs. State, 2009, 38 CLC (HCD)
....s for the prosecution to bring the guilt home to the accused…………………………..(28) The Evidence Act, 1972 (Act No. I of 1872); section 114 (g) Effects of non examination of independent witnesses and presumption In the case of rape, the prosecution case must be corrob......orthwith if not wanted in connection with any other case. 46. Send down the L.C.R with a copy of the Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 220. ..Category: Women and Children | Date: 22 Jun, 2009 | Hits: 9
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ......……………………………………. 2. Assistant Technical Officer:-As soon as any Assistant Technical Officer passes completely AMIE Examination he will forthwith become eligible for appointment as Assistant Engineer, such people will get preference over other candidates. To further..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ......……………………………………. 2. Assistant Technical Officer:-As soon as any Assistant Technical Officer passes completely AMIE Examination he will forthwith become eligible for appointment as Assistant Engineer, such people will get preference over other candidates. To further..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....iginally created, it may be said that such company or enterprise has maintained its corporate character. If, this is not so and its functioning is seem to be controlled by the Corporation, whatever independent entity it might have before its becoming a nationalized enterprise or company is submerg......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Category: Others | Date: 13 Apr, 2009 | Hits: 125
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
.... of the Code of Civil Procedure shall be applicable in execution proceedings if the provisions of Ain is not inconsistent with the Code. Artha Rin Adalat though did not register the application as an independent miscellaneous proceeding. But it treated the proceeding as one under Order 21 Rule 89 C.......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
Fahima Nasrin Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....the Judiciary. Let the lower Court records be transmitted at once along with a copy of this judgment. Sheikh Abdul Awal J. - I agree. This Case is also Reported in: 61 DLR (HCD) (2009) 232. ......can only presume, in the absence of any allegation to the contrary, that the proceedings followed the requirements laid down in the Act. Certainly, throughout the whole proceedings we do not find the appointment of any Probation Officer, which is a mandate of section 50 of the Act. Clearly this prov..Category: Women and Children | Date: 11 Feb, 2009 | Hits: 189
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....sit only in that division, and the other Judges shall sit only in the High Court Division. (4) Subject to the provisions of this Constitution the Chief Justice and the other Judges shall be independent in the exercise of the judicial functions." 31. Mr. Hasan MS Azim appearing on...... (c) to dispose of any matter which might have been referred to the Committee for opinion, and to make recommendations for the appointment of Subordinate Judges and for the promotion, degradation, or suspension of Subordinate J..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
Subrata Majumder @ Liton Vs. State, 2009, 38 CLC (HCD)
.... Hossain Howlader, the impugned order and other papers annexed with the bail application. 6. We find substance in the above submissions of the learned Advocate for the appellant that there is no independent evidence besides the confessional statements of two co-accused against the appellant and......hishu Nirjatan Daman Tribunal, Bagerhat who however is at liberty to cancel his bail if the privilege of bail is misused by him in future. Ed. This Case is also Reported in: 16 BLC (2011) 828. ..Category: Women and Children | Date: 5 Feb, 2009 | Hits: 127
Category: Civil Law, Employment/Service Law | Date: 18 Nov, 2008 | Hits: 3
Professor Dr. A.F.M. Ruhul Hoque and others Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....্কে তাহাদের প্রতিবেদন দাখিল করিবেন। বিচারপতি মোঃ আবু তারিক.- আমি একমত। ......d/or such other or further order or orders passed as to this Court may seem fit and proper. Pending disposal of the Rule the respondents are hereby restrained from proceeding with the process of appointment of Professors and Associate Professors in the post of Biochemistry and E.N.T. through th..Category: Constitutional Law | Date: 18 Nov, 2008 | Hits: 167
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Idrisur Rahman (Md) Vs. Bangladesh, 2008, 37 CLC (HCD)
.... has become a tradition in our jurisdiction. The system may not be treated as opposed to the independence and undermining the dignity and prestige of the judiciary because the judiciary itself is not independent organ to appoint its judges. In so many administrative matters, it has to work closely w...... have now been effective from November 1, 2007 in the subordinate judiciary of the country. 8. There are at least three cardinal aspects of the independence of judiciary which are (a) process of appointment of judges is not subject to control or influence by or of other organs of the State, (b)..Category: Constitutional Law | Date: 7 Aug, 2008 | Hits: 236
State Vs. Metropolitan Police Commissioner, Khulna and others, 2008, 37 CLC (HCD)
.... doubt is raised about its authenticity, would it be necessary to turn to other records such as school registers and radiographic plates used to assess age. The last mentioned process, though clearly independent and free from human taint, is accurate only to a certain degree. 12. The age of the ......ged inquiry, where evidence in respect of her age was given by a number of persons. 10. The earliest reference to a probation officer is found in the order of the learned CMM dated 20.05.08. This appointment should have been made by the police on 20.04.08, when the girl was first arrested, as di..Category: Women and Children | Date: 22 Jul, 2008 | Hits: 147
Kazi Salahuddin Vs. Kazi Badruzzahedin (Dabir) and others, 2008, 37 CLC (AD)
....e does not call for interference by this court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 113. ...... the Wakf Office for appointing the petitioner as Mutwalli who is a maternal uncle of writ petitioner No.2 and on 22.04.2003 the petitioner submitted an application to the Wakf Office for getting appointment as Mutwalli. 8. The respondent No.4, Assistant Administrator directed Wakf In..Category: Trust/Waqf Law | Date: 22 Jul, 2008 | Hits: 166
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....rticles 133 and 134 of the Articles of Association wherein the powers of the Directors have been articulated it appeared to us that the Board of Directors of the petitioner company is quite independent and in no way subservient and controlled by the Board of Directors of Reckitt Benck......r PLC U.K. is a foreign-entity registered and situated in U.K. and it having majority shares in the petitioner company and its every step being determined by Reckit Benckiser PLC, U.K., including the appointment of the majority Directors and the senior employees and the nature of the business a..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18