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Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....ting the Metropolitan Sessions Judge, Dhaka to proceed with the Special Case No.39 of 2004 arising out of Complaint Petition No.3795 of 2003 filed against the appellant-writ-respondent No.5 and pro-forma respondent No.6. 2. The facts, in short, are that the respondent No.1 as the appellan......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......urt Division in Writ Petition No. 4256 of 2004 making the rule absolute-in-part and directing the Metropolitan Sessions Judge, Dhaka to proceed with the Special Case No.39 of 2004 arising out of Complaint Petition No.3795 of 2003 filed against the appellant-writ-respondent No.5 and pro-forma res..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....p; Not represented-Respondent Nos. 2-3, 5-15 & 17-26 (In Civil Petition No.1452 of 2008). Judgment July 19, 2009. Civil petition for leave to Appeal Nos. 1447-52 of 2008. (From the judgment and order dated 20.05.2008 pas......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ..Category: Property Law | Date: | Hits: 67
Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)
.... Lawyers Involved: Mohammad Hossain, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 474 of 2007. (From the judgment and order dated 05.04.2006 passed b......he constitution of the People's Republic of Bangladesh. 6. As it appears in 51 DLR (AD) 152 the Appellate Division held as follows: "13. It is found from the amendment on 10.01.1993 that in sub-rule (2) of Rule 10 of Rules, 1995, a provision was added to......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 799. ..Category: Civil Law | Date: | Hits: 100
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1-7. Not represented-Respondent No. 8-17. Civil Petition for Leave to Appeal No. 405 of 2006. (From the judgment and order dated 15.12.2005 passed by the ......on took a correct view in the matÂter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......leave to appeal is directed against the judgment and order dated 15.12.2005 passed by the High Court Division in Civil Revision No. 4375 of 2003 disÂcharging the Rule. 2. Short facts are that the plaintiff instiÂtuted Title Suit No.31 of 1992 in the Court of Senior Assistant Judge, Feni sadar f..Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....e and others…..........Petitioners Vs Ananda Chandra Dakua and others…….......Respondents Judgment April 20, 2009. Lawyers Involved: Lutfor Rahman Mondal, Advocate instructed by Giasuddin Ahmed, Advocate-on-Record-For the Petitioners. ......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......s and Darikanath Dakua five annas, six gandos, two karas and two krantis. 4. Darikanath Dakua died leaving three sons namely Monorhar Dakua, Kamal Dakua, the proforma defendant No.8 and the plaintiff Ananda Dakua and they inherited their fathers share of C.S. Khatian No. 223 and possessed..Category: Property Law | Date: | Hits: 27
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
....etitioners. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondents No. 1. Not represented-Respondent Nos. 2-15. Civil Petition for Leave to Appeal No.1500 of 2007. (From the judgment and order dated 02.08.2007 passed b...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......t Judge, Beanibazar, Sylhet in Title Suit No.51 of 2004 granting and order of temporary injunction under order 39 Rule 1 of the Code of Civil Procedure. 2. The facts, in short, are that the plaintiff-petitioner Nos.1-4 filed Title Suit No. 51 of 2004 along with an application for tem..Category: Property Law | Date: | Hits: 33
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
....nbsp; Muhammad Nazrul Islam, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.750 of 2006. (From the judgment and order dated the 23rd November, 2...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......ed Assistant Judge, 2nd Court, Narayanganj in Title Suit No.210 of 1980 decreeing the suit on contest. 2. The facts leading to the case are that the petitioner-predecessor-in-interest as the plaintiff filed a Title Suit No.210 of 1980 for specific performance of contract in the 2nd Court o..Category: Property Law | Date: | Hits: 38
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
.... Lawyers Involved: Abul Kalam Mainuddin, Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 324 of 2006 (From the judgment and order dated 01.08.2005 passed by......d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ...... the judgment and decree dated 06.06.1989 passed by the learned Subordinate Judge, Second Court, Khulna in Title Suit No.67 of 1982 dismissing the suit. 2. The facts, in short, are that the plaintiff petitioner filed Title suit No. 67 of 1982 in the Court of the learned Subordinate Judge,..Category: Property Law | Date: | Hits: 32
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....the writ respondent Nos. 1-10 to follow the final gradation list published on 1.10.1990 (Annexure-H) relating to the writ petitioner respondents and other writ responÂdents. 2. The facts relevant for disposal of these appeals are common as detailed in those writ petitions, inter alia, that the w......on of the rules for giving effect thereof. 24. The writ petitioner respondents further argued that the judicial review by the High Court Division is a basic structure theory conÂtemplates that no amendment of the constitution effecting the basic structure or feature of the Constitution is permis......e appeals are allowed withÂout any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....ppeals, we have come to the unanimous and unhesitating conclusion that it is not, and the Act is a valid piece of legislation. Now we turn to the facts leading to these appeals and give the reasons for our decision. 2. The appellant in Civil Appeal No. 18 of 1997 filed writ petition No. 5......tely promoted to the rank of Lieutenant Colonel in the Bangladesh Army. 8. It has been stated, inter alia, in the writ petition that in 1975 there was an unrest in the country after the 4th amendment of the Constitution by which democratic system was abolished and one party Government wa...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..Category: Constitutional Law | Date: | Hits: 167
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....¦â€¦â€¦....... Respondent Judgment January 19, 2004. Result: The appeal is dismissed. The Criminal Law (Amendment) Act, 1958 (Act No. XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sancti......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ..Category: Criminal Law | Date: | Hits: 63
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....-on-Record-For the Respondent. Civil Review Petition No. 82 of 2004. (From the judgment and order dated 12th May, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1599 of 2003). Judgment ...... land as described in schedule ‘B’ of the plaint and on 19.6.2002 the plaintiff filed an application under Order VI Rule 17 of the Code of Civil Procedure in the above suit praying for amendment of the plaint stating, inter alia, that due to over sight at the time of filing of the su......This application has been filed praying for review of the judgment dated 12.5.2004 passed by this Division in Civil Petition for Leave to Appeal No. 1599 of 2003. 2. The respondent as plaintiff instituted Title Suit No. 106 of 2001 in the Second Court of Joint District Judge, Dhaka ..Category: Property Law | Date: | Hits: 24
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
.... and another, AIR 1961 SC S.124;, State of Andhra Pradesh V. Cheemalapati Ganeswara Rao and another, AIR 1963 S.C.1850; Nurul Hoque Kazi V.State 7 BLC (AD) 52; Pratt and another V.Attorney General for Jamaica and another (1993) 4 All E.R. 768; Henfield V. Attorney General of Commonwealth of ......t is in the discretion of the third judged to deal with the case and in deciding the case if any point is found necessary, he can decide the said point as well. 38. However in India, after amendment in the 1973 section 429 was substituted by section 392 which reads as follows: ......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....ile the white dressed persons were coming out of his office Mohiuddin (Lancer) came out from his room after them and called Huda to come nearer to him and at that time Huda told Major Dalim to wait for some time and then both of them followed Mohiuddin (Lancer) who then arranged uniforms for the......ollows:- (2) all documents including electronic record produced for the inspection of the Court; such documents area called documentary evidence. 205. So in terms of the above amendment, in India, in criminal matters, evidence can also be by way electronic record such as vid...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. 340. Mr. Anisul Huq, the Chief Prosecutor for the respondent termed the incident of unprovocated killing of unarmed men, women and child as h...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....rdon me, I have done blunder, I have murdered my wife and children.” 746. Now the question is whether this extra judicial confession deposed by the witness can be the sole basis for conviction of the accused. The Supreme Court of India considered case of Sahoo (supra) and othe......ection is not used in the sense of actual physical presence of the accused. This section is analogous to the confrontation clause set out in the Sixth Amendment to the U S Constitution. After this amendment the Courts in USA are not admitting recording evidence by video-conferencing on the reaso...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
.... to the plaint and recovery of khas possession of different quantity of land (part of the land described in schedule 'Ka' to the plaint) described in the schedule 'Kha' attached to the plaint of the aforementioned respecÂtive suits and for mesne profit. 3. The plaintiff, Sitakunda Chandra Nath C......High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......ly) dismissing the same. 2. The suits were filed seeking declaration of title in respect of 30 decimals of land of R.S. Plot No.792 listed in R.S. Khatian No.1700 described in schedule 'Ka' to the plaint and recovery of khas possession of different quantity of land (part of the land described in ..Category: Tenancy Law | Date: | Hits: 176
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....thers..............................Respondents Judgment February 25, 2004. Lawyers Involved: Shahidul Islam, Advocate instructed by ASM Khalequzzaman, Advocate-on-Record- for the Petitioner. Not represented- the Respondents. &nb......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ......udgment and order dated 15.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No.2862 of 1995 disposing of the Rule with modification. 2. Short facts are that the plaintiffs instituted Partition Suit No. 107 of 1992 in the Court of Assistant Judge, Saturia, Mani..Category: Property Law | Date: | Hits: 22
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....s. E.M.I. (Australia) Pvt. Limited, (1958) 100 CLR 597, Adgbenro Vs. Akintola, (1963) AC 614, Attorney General Vs. Jonathan Cape Limited (Crossman Diaries case) (1976) QB 752, R V. Secretary of State for Home Department, Ex p. Hosenball, (1977) 1 WLR 766; Re-amendment of the Constitution of Canada (...... Bangladesh 26DLR (SC) 44; Dr. Mohiuddin Farooque Vs. Bangladesh 49 DLR (AD) 1, Registrar of University of Dhaka Vs. Zakir Ahmed 16 DLR SC 722, Sankar Chand’s case, AIR 1977 S.C. 2328, Reference re-amendment of Constitution of Canada, 123 DLR(3rd)1,84; State Vs. Chief Editor, Manabjamin, 57 DLR 35......e amenable to the judicial review under Article 102 of the Constitution. 23. Article 102 of the Constitution is primarily a vehicle or mechanism for realizing individual rights upon individual complaints and the Supreme Court being a forum, a medium or mechanism devised by the Constitution for t..Category: Constitutional Law | Date: | Hits: 251
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
....f March, 2006 passed by the High Court Division in Civil Revision No.2658 of 2003). Judgment Mohammad Fazlul Karim J.- This Petition for Leave to Appeal is directed against the judgment and order dated 16.03.2006 passed by the High ......rise, which was not taken in the plaint; that was not taken in the trial Court or in the appellate Court; that it cannot be raised in revision; that the plaintiff-petitioner should have taken such amendment of the plaint either in the trial Court or appellate Court, that while disposing the revi......he Senior Assistant Judge in Other Class Suit No.310 of 1987 decreeing the suit. 2. The facts of the case, in short, are that the original owner of the suit land was Mofizul Hoque that the plaintiff exchanged his land with 0.05 acres of R.S. Plot No.182 belonged to Mofizul Hoque that def..Category: Property Law | Date: | Hits: 27
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