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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... 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.’’ ......ng provision which enables an accused person convicted on a trial held by a Sessions Judge / Additional Sessions Judge to prefer an appeal before the High Court Division. It is an well established principles of law that once a criminal appeal is admitted it must be decided on merits and cannot b......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......d officer shall either deliver over the offender in compliance with the requisition or shall forthwith refer 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.’’&nbs..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......udge must consider the opinions of his two colleagues and then give his own opinion but to equate the requirements with appeals against acquittals is not justified by provisions of S. 429 or by principle or precedent.” 479. In the case of Babu –Vs- State of ......ned companion Judge of the Division Bench of the then Dhaka High Court differed only with regards to the conviction of accused Mohim Mondal under Section 148 of the Penal Code. The case was laid before the third learned Judge under Sections 378 and 429 of the Cr. P.C. The third learned Judge, Mu......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ...... reading between the lines and looking beyond what meets the eyes. The Chief Executive of the state must bear faith and allegiance to the Constitution. It demands not only belief in constitutional principles but a loyalty and devotion akin to complete surrender to the constitutional beliefs. Thi......rved as follows: “It is true that witnesses can not be called upon to explain every hours delay and a commonsense view has to be taken in ascertaining whether the first information report was lodged after undue delay so as to afford enough scope for manipulating eviden......to Sections 31(a), 59(3), 92(2), 94 and 95 of the Army Act, Sections 5 and 139 of the Penal Code and Section 594(2) of the Code. 642. Mr. Khan Saifur Rahman argued that without determination as to whether the alleged incident was a mutiny leading to the murder of Bangab..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... 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. ......a matter of grace, but as of right, because the prosecution has not proved its case beyond reasonable doubt. I do not dispute the statement of law argued by the Federal Court. These are established principle of law for the administration of criminal justice. In this particular case, I find that ......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......ir overt act and disbelieved her as well. I failed to understand why the learned counsel has referred this decision. In that case it has been observed: “In a criminal trial determination of a disputed fact is the main task before the Court and such determination is depen..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....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. ......suit in the name of the plaintiff, the record has been wrongly prepared in the name of some other persons who had no right, title and interest in the land in suit. 5. The suit was contested by the principle defendant/defendants by filing written statement denying the material averments made in th...... 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 respective 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. ..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......ivision should have allowed their appeal. 28. The learned Counsel for the Sangstha defending its case against the directors argued that the directors being agents of the company, the general principles of the law of principal and agent regulate the relationship of the company and its direc......d 65 of 1989. Judgment ATM Afzal J.- These two appeals by leave taken up together for consideration arise out of a proceeding under Article 33 of the Bangladesh Shilpa Rin Sang......y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ..Category: Business or Commercial Law | Date: | Hits: 311
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. ......r the payment of Zakat was wholly and exclusively for the purpose of business of the petitioner and not with the religious and moral aspects and consequences of 'Zakat'; that according to the principles of Islamic Shariah and the Memorandum and Articles of Association, the petitioner, ......Not represented— the Respondent Civil Review Petition Nos. 10-12 of 2008. (From the Judgment and Order dated September 3, 2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 823, 824 and 828 of 2005). Judgment &......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......sion of the General Clause Act. It has been held in the case of University of Dhaka through its Vice-Chancellor and the Registrar of University of Dhaka Vs. Zakir Ahmed 16 DLR SC 722, propounding the principle of natural justice “audi alteram partem” that before a person is punished an opportuni......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 (......ote as under:- “Neither will a court, as a general rule, pass upon a constitutional question, and decide a statute to be invalid, unless a decision upon that very point becomes necessary to the determination of the cause. “While the courts cannot shun the discussion of constitutional questio..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
.... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......appearing for the petitioner submitted that the High Court Division committed an error in holding that the suit is not barred by limitation in view of continuous default in payment of rent and the principle set out in Section 23 of Limitation Act and that fresh period of limitation begins to run......efendant No1. entered into the said premises on 01.02.1987 as an ordinary ejectable monthly tenant under the plaintiff on condition to pay rent of TK.23,248.00 per month within 7 days of the month for which it is due for use and occupation of 2818 square feet in ground floor, 2818 square feet in...... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 110
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......e; that the High Court Division failed to discuss oral evidence of P.W.'s with reference to documentary evidence of the parties causing thereby failure of justice. 5. It is now established principle that a party cannot be taken by surprise introducing a new fact or document during trial ......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 ...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......e offences committed by them after thorough and proper investigation. In this context he submits that neither the amendment of BDR Order nor any new legislation in this connection could be hit by the principle of ex-post facto legislation because of the constitutional immunity provided in this regar......Vs. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 1975 SC page 1429; Abdul Mannan Bhuiyan V. State, 60 DLR (AD) 49; R V. Sussex Justices, 1924; Secretary of State for the Home Department (Respondent) V. AF (Appellant) (2009) UKHL 28, Ex parte Milligon 71 US (4 wa......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ...... 2. Is the case filed within limitation? 3. Is the plaintiff a co-sharer in the case jote? 4. Is the case bad for defect of parties? 5. Is the case barred by the principle of estoppel, waiver and acquiescence? 6. Did the pre-emptee pay Taka 16,000 as......dique, Advocate (Appeared with leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 718 of 2008. (From the judgment and order dated 30-11-2005 passed by......03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ..Category: Property Law | Date: | Hits: 38
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......d-For the Petitioner. A.J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul Advocate-on-Record-For Respondent No.1-3. Not represented-Respondent No. 4-7. Civil Petition for leave to Appeal No. 634 of 2008. (From the judgment and order dated 29.01.2008 passed b......submitted by the learned advocate for the petitioners today in this court, is kept on record of this Court. Hence the prayer of the suit so far it related to the R.O.R. is concerned and for the determination of R.O. R. and the status of the plaintiff and having no prayer for declaration..Category: Property Law | Date: | Hits: 54
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......n except in certain well defined circumstances, such as, non-consideration or misreading of the material evidence affecting the merit of the case, the High Court Division ignoring the well settle principle and arrived at a erroneous decision of the case and this Division also ignoring the merit......yers Involved: Abdul Halim Chaklader, Senior Advocate-instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Review Petition for Leave to Appeal No.173 of 2008. (From the judgment and order dated the 2nd day of June,......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....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....... Petitioner Nos. 1-3, 6 and 8 contested the suit and filed there sets of written statements and their common case is that the suit is barred by the provision of section 42 of the Specific Relief Act, principle of limitation and estoppel. 3. The defendant petitioner Nos. 1-3 in their written state......torney General, instructed by B. Hossain, Advocate -on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-14. Civil Petition for Leave to Appeal No. 303 of 2007. (From the judgment and order dated 1.8.2006 passed by the Hi......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. ....../payment of compensation of the property acquired under the provision repealed Act. 17. Upon the given facts in the instant case, the High Court Division has misconceived the principle of legitimate expectation of giving an alternative plot which the law under consideration......inst the common judgment dated July 31, 2001 in Writ Petition Nos. 3407 and 4576 of 1996. 2. Facts of the petitions and the question of law involved being common the same have been taken up for hearing together. The writ petitions in the first bunch were filed impugning the notice of Rajd......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. ..Category: Property Law | Date: | Hits: 41
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ......ssessee-petitioner and that the assessee-petitioner acquired a right to have his appeals heard in accordance with law only after disposal of his applications for waiver in reference and thereby the principle of natural justice has been violated and therefore the impugned orders are bad in law. ......lam, Attorney General, (with Mrs. Mahfuza Begum, Assistant Attorney General) instructed by B. Hossain, Advocate-on-Record- For the Respondent (In both the cases) Civil Petition for Leave to Appeal Nos. 816-17 of 2008. (From the judgment and order dated 23.01.2008 pass......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ..Category: Fiscal/Taxation Law | Date: | Hits: 89
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
.... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ......er Mritunjoy. The evidence of all those P.W.'s are consistent, uniform and corroborative with each other with all material particulars, 6. The High Court Division held that it is a settled principle of law that the appellate Court below being final Court of fact will have to discuss and ...... Lawyers Involved: Mihir Kanti Majumder, 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.610 of 2007 (From the judgment and order dated the 14th day of Januar...... we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 600. ..Category: Property Law | Date: | Hits: 27
Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)
....ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ...... by filing written statement denying all the material allegations stating, inter alia, that there was no cause of action for the suit; that the suit was not maintainable and the suit was barred by principle of estoppels, waiver and res judicata. Plaintiff No.1 was not a wife of the defendant and......ents Judgment January 19, 2009. Lawyers Involved: Abu Siddique, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1629 of 2007. (From the judgment and order dated the 5th day of Feb......ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ..Category: Family Law | Date: | Hits: 280
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 565. ......4 as majority shareholder and was also holding the post of Managing Director of the company. 12. The management concept of the respondent No.3 Company was on the basic concept and principle of mutual reliance, mutual benefit and mutual respect between and among themselves for th......Islam, Advocate (Appeared with the leave of the court) instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-2. Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No.1691 of 2008. (From the judgment and order dated 18.06.2008 passed b......17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 565. ..Category: Business or Commercial Law | Date: | Hits: 193
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