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Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....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. ......s and other inmates of the house were brutally murdered. At that time tanks were moving on the road in front of the house containing black dressed army personnel. At about 8 in the morning the dead body of Col. Jamil was brought there. The informant also saw Major Dalim in Khaki dress in the hous..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... Notary Public, certifying that to the best of his knowledge, information and belief, the said video cassette is an authentic copy of a television programme. Further Mr. Boktiar Hossain, P.W. 59, a local video recorder, also proved the video cassette, Exhibit-12, in which Major Rashid and Farooq......trucks and then their truck moved towards the Road No. 32 and at the time of Fazar Ajan, some of them were directed to get down from the truck at Road No. 32 and they were directed not to allow anybody to enter into Road No. 32. The defence did not challenge the incriminating portion of his test..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... usurped power as President of the Republic, his reaction in the very morning of 15th August, 1975, hearing about the killing of the President from Col. Shafayet Jamil, how a Police Officer of the local Police Station driven out the P.W.1 A.F.M. Mohitul Islam with filthy language refusing to rec......sons with their wives without any provocation or resistance for their personal gain and interest. Mr. Mohitul Islam, P.W.1, the then resident P.A. to the President sustained bullet injuries in his body and was admitted into Dhaka Medical College Hospital. He escaped from the Hospital and went ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
..... But those Governments utterly failed to perform their responsibilities ‘according to law.’ An offence of murder is a cognizable offence and for such offence the officer-in-charge of a local Police Station is under an obligation to lodge an F.I.R. and to hold investigation into the ......n information shall immediately give an intimation thereof to the nearest Magistrate empowered to hold inquest, and unless otherwise directed by the Government shall proceed to the place where the body of the deceased present found, in presence of two or more responsible inhabitants of the ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... that assassination and that to the best of my knowledge information and belief the said video cassette is an authentic copy of a television programme........” Md. Bakhtiar Hossain (P.W.59) a local video recorder testified that he displayed a video cassette in which Lt. Col. Rashid and Lt.......disarm the police on duty. He heard sounds of firing inside the house of Bangabandhu and then heard the order saying ‘hands up’, that Resalder Sarwar directed him not to allow anybody to enter into Bangabandhu’s house and at that time Major Mohiuddin, Major Noor, Captain ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....in connection with the preparation of the Khatian Miscellaneous Case No.95 dated 25.11.1961 was initiated and from the order-sheet (Ext. c) of the said Miscellaneous case, it is seen that there was a local inquiry and at that time defendants were found in possession of the land in question, that t......Counsel for the appellants that evidence is absent from the side of the plaintiff to show that on the basis of Ext.2, the deed of gift, the plaintiff got the possession of the land in suit or that anybody handed over possession to the plaintiff and that evidence also is lacking about establishment..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
.... due date or in compliance with the notice under Article 32, an officer of the Sangstha generally or specially authorised by the Board in this behalf, may apply to the District Judge within the local limits of whose jurisdiction the industrial concern carries on the whole or a substantial pa......thout actually receiving the same. In pursuance of the tripartite contract the second instalment of Taka 28 lakh was paid to the Rupali Bank and the said cheque was not liable to be encashed by anybody. The Dockyard Group never received the said amount of Taka 28 lakh and as a matter of fac..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....hman Mondal alias Habib Mondal was the General Secretary of Sutrapur Thana B.N.P. and the Joint Secretary of the Dhaka District Bar Nationalist Ainjibi Forum. He had bitter enmity and rivalry over local politics with accused Sahidur Rahman alias Shahid, Commissioner of Ward No.83 of Dhaka City C...... the other accused person in consequence of which the deceased was shot dead. 5. On the basis of G.D. Entry No. 1704 dated 20.08.2000 of Ramna Police Station police made inquest of the dead body of the deceased at Dhaka Medical College Hospital and sent the same to the morgue for postmort..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......ns for Leave to Appeal on theological point of view and that the provision of section 29(1) (XXVII) of the Ordinance was not considered from the point of the concept that the business by corporate body, to which artificial personality is attributed or, in other words, in the eye of law is b..Category: Fiscal/Taxation Law | Date: | Hits: 145
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....2nd and petitioner 3rd. So the governing body most illegally and with out lawful authority has made the Petitioner Principal-in-charge of the college. The Petitioner with collaboration influential local leaders forced to resign the Principal Mr. Ashraf Ali who successfully performed his function......lege ssperforming its function under the control of the National University, the Respondent No.2. One Mr. Md. Asraf Ali was a Principal of the said college, on 03.01.2006 he informed the Governing body that due to his illness he is unable to perform his function as a Principal. Then the Governin..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
.... and efficiency of a person recommended for the judgeship. The President namely the executive is the proper authority who through the executive agency available to him may be able to report about the local position of the person proposed for judgeship, his character and integrity, his affiliations a......their individual position as a Judge and are entitled to maintain an appeal in order to avoid infliction of any constitutional wrong affecting their individual legal entity, though unit of the entire body of Judges of the said Division and accordingly have standing to maintain the leave petition und..Category: Constitutional Law | Date: | Hits: 251
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709....... on a rickshaw. Within two hours of his admission at Laxmipur Hospital the victim succumbed to the injuries. On receiving information from the hospital, police went there and held inquest on the dead body of the victim. On the following day the police officer, S.I. Ahamedur Rahman, who held the in..Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......ice Station. 6. In pursuant to the FIR the police apprehended the appellant Raju and in course of interrogation, he admitted to the police that they killed the victim and concealed the dead body at a place. The appellant Raju thereafter took the police at Sujabadchak Mouja and disinterred..Category: Criminal Law | Date: | Hits: 53
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......hy;in constructing house therein whereas in their affidavits-in-opposition the Government contended that the concerned plots are still vacant and possession of the same was never handed over to any body and thus disputed questions of facts having been raised, the Court sitting in writ juris..Category: Property Law | Date: | Hits: 34
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ...... the deposit of arrear rents. Time is fixed for deposit of one months rent only and House Rent Controller must receive the rent to its full extent that is one month rent to its full extent. If any body makes part payment he is defaulter. Here is this case Tenant-petitioner / appellants deposited..Category: Tenancy Law | Date: | Hits: 145
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....ty Hoad, old Dhaka; taking the advantage of the absence of Rustom Ali from the suit land, some unknown person at first began to use the 100 wide DIT Road adjacent to the suit land for selling therein local vegetables and daily necessaries under open sky and with the passage of time they began to sit......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) 661, 63 DLR (AD) (2011) 122...Category: Property Law | Date: | Hits: 25
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......ion in respect of the land so requisitioned. It was further contended that it was the legitimate expectation of the writ-petitioners that as their land would no longer be required by the requiring body they would be allowed to remain in possession of their land or in the alternative they wo..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
....fendant No.6 is the despondent owner of the vessels 'MV Jaami' V-731 which was grounded at Colombo Port on 26-12-2004 laden with the cargo of the plaintiff represented in Bangladesh by the declared local agent Messrs Everest Shipping Agencies Limited, 58, Agrabad CA Chittagong. The defendant No....... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......as a result he sustained bleeding injuries on his person and fell down on the ground. Then other accused Tafazzal, Gaznabi and Nasu also dealt lathi blow causing injuries on different parts of the body of the said victim, Fazle Karim. While witness Noor Soleman came forward to rescue the victim,..Category: Criminal Law | Date: | Hits: 50
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
....s not found. They went to the residence of Shahjahan, friend of Rana, told Shahjahan that Rana is not traceable and thereafter, Sharifa Khatun, Alamin and Shahjahan went to different places of the locality for searching Rana. When they reached at crossing point of Nagua Shamoly Road, victim Shar......ing him. Then Rana went to search his mother but came back in vain without getting her and had his sleep keeping the door open. On the following morning at 7:30 A.M. one Mannaf informed that a dead body of a woman was lying in front of house of Taher Shaheb; informant's daughter Sadia Sultana we..Category: Criminal Law | Date: | Hits: 52
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