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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. ......f the investigation of the case. 629. There is another factor which should not be ignored in considering the delay in lodging the FIR. After the incident Khondker Mostaque Ahmed usurped the power and proclaimed Martial Law on 20th August, 1975 and assumed the office of the President of B......ed by the defence in any manner. ......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. ..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. ......lants. Article 103(3) of the Constitution does not confer a right of appeal on any party from a judgment and order passed by the High Court Division, it merely clothes this Court with discretionary power to scrutinize and go into evidence in special circumstances in order to satisfy itself that ......sed killed his wife and two children. The accused was seen sitting in the adjoining room and on seeing him one witness asked him what has been found about the murder. In reply the accused reclaimed to God to excuse him that “he had committed mistake as he had murdered his wife and two child...... 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
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....en objections on 9-4-1987 and 16-5-1987 respectively. 12. The Dockyard Group contended in their written objection filed on 3-6-1984 that the Tapashee Group are mere fortune hunters having no financial stability or credibility. They formed themselves into a public limited company and m...... appellants (all other submissions were rejected) that the directors of the Dockyard having furnished no letter of hypothecation, no mortgage deed of floatation charge, no irrevocable general power of attorney, no letter of guarantee and no demand promissory note to either the Sangstha or T......os. 64 and 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......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. ......to Zakat wrote: "One of the greatest problems facing humanity is undoubtedly the problem of the distribution of wealth, with which is also bound up the question of political power. The system of Capitalism which is the foundation-stone, so to say, of the materialisti......nted— 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
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......uential person of the locality to solve the problem who (Mr. Maksud Miah) to settle the dispute called both the parties on 01.3.2004 and both the parties signed on a stamp of Taka 10/- giving him the power as an arbitrator. Thereafter said arbitrator Mr. Maksud Miah on 15.3.2004 asked the complainan......27. Lawyers Involved: Md. Zahirul Islam with M. Masud Alam Chowdhury, Advocates-For the accused petitioner. Md. Shahidul Islam-For the opposite party No. 2. Ms. Maksuda Akter, Assistant Attorney General-For the State. Criminal Miscellaneous Case No. 3889 of 2005. Judgment Md. R......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ..Category: Criminal Law | Date: | Hits: 93
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......tayed the appointment of Class III and IV employees until further order and lastly on 20.11.2004 (Annexure-D to the writ petition) cancelled the whole process of recruitment order the aforesaid manpower without giving any cogent reason. But by a held melodramatic way cancelled the order of cance......ladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Dhaka 1000 and others......... Respondents. Judgment November 08, 2009. Cases Referred to- Abdur Rahim and others Vs. Bangladesh, 48 DLR 538; Director General NSI Vs. Md. Sultan A......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 132
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....xplanation. The dictionary meaning as per Black’s Law Dictionary 8th Edition Page-1537 of the word is openness, clarity, lack of guile and attempts to hide damaging information, the word is used of financial disclosures, organizational policies, law making and other activities where organizations ......dvocates-on-Record Association Vs. Union of India), 1993 (4) (SCC) 441 and the opinion of the Supreme Court in the Presidential Reference (Reference No. 1 of 1998). It is time the original balance of power is restored". 7. This recommendation is mainly based on the views expressed by J.S. Verma,......r Rahman, Advocate and others ........Respondents (In Civil Petition No. 2056 of 2008) Judgment February 25, 2009. Result: The Judgment is passed with some observations. Cases Referred to- Al-Jehad Trust Vs. Federation of Pakistan, P.L.D. 1996 Vol-1 page 324; Anwar Hussain Chowdhur......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. ..Category: Constitutional Law | Date: | Hits: 251
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: ...... principles governing the courts discretions in declining to answer a Reference- 1. When the manner in which the question is framed e.g. broad and general and vague terms, or when it is beyond the power of the court to decide it, it is not possible to answer. 2. Speculative opinion on hypothet...... Nayeem Mominur Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 ......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
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. ......nexure-X(4), never originated from the Ministry of Works the Executive Engineer Sub-division-II, Mohammadpur Housing Estate, the respondent No.6, also filed affidavit-in-opposition stating that the powers of attorney are benami transactions and between the two, the attornies are the real benefic......ocate-on-Record-For the Petitioners (In all cases) Md. Ferozur Rahman, Advocate-on-Record-For the Respondent Nos.1-6. Not represented-Respondent No. 7. Civil Petition for Leave to Appeal No. 431-442 of 2005. From the judgment and order dated 04.09.2004 passed by the Hi......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. ..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....spondent No. Company decided to clear the bills through the Court accordingly; that some plot purchasers are very ill, therefore, and are to go abroad for treatment. Some have fallen under serious financial crises and few of them are women who are facing family trouble from their husbands and th......olders notifying that an Extra ordinary General Meeting would be held on 16.08.2005 at 10:00 A.M. at the registered office of the Company. The item 6 on the agenda was about the conferring of power for the operation of the bank accounts of the respondent company. The Extraordinary General M......Nawab Ali, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-36. Civil Petition for Leave to Appeal No.261 of 2006. (From an order dated the 14th day of February, 2006 passed by the ......nd 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) 698. ..Category: Business or Commercial Law | Date: | Hits: 199
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......ting the plaint if not under Order 7 Rule 11, under Section 151 of the Code of Civil procedure inasmuch as Order 7 Rule 11 is not exhaustive. In an appropriate case resort may be taken to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordin...... Lawyers Involved: Fazlul Karim, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1426 of 2006. (From the judgment and order dated 18.10.2005 passed by the High ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..Category: Civil Law | Date: | Hits: 94
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......n considered that the plaintiffs are the recorded tenants in respect of the suit land and the plaintiff No. 4 paid rent as per exhibit-4 series. The High court Division also considered the original power of attorney authenticated by a notary public which was exhibited by the plaintiff appointing......ers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not presented-the Respondents. Civil Petition for leave to Appeal No.124 of 2008. (From the judgment dated 10.09.2007 passed by the High Court divis......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ..Category: Property Law | Date: | Hits: 28
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....e of minus 18 degree Celsius. It is found from the evidence on record that the plaintiff has not yet been able to realise his dues on the consignment and that the plaintiff has suffered heavy financial loss due to the irresponsible and whimsical action of the defendant in delivering the dis......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......ord—For the Respondent Nos. 2 and 3. (In Civil Petition No. 623 of 2008). Not represented—Respondent Nos. 4-7 (In Civil Petition No. 623 of 2008). Civil Petition for Leave to Appeal Nos. 640 and 623 of 2008. (From the judgment and decree dated the 5th day of Dece......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ..Category: Business or Commercial Law | Date: | Hits: 178
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......nd as such the substantive charge the petitioner more so when there is no manners on the part of the petitioner and further even after the alternations, omissions and additions in the Articles, the power and authority that was conferred on the respondent No.1 as the management of the company in ......ed-Respondent No.2. Criminal Review Petition No. 16 of 2008. (From the judgment and order dated 17.04.2008 passed by the Appellate Division in Criminal petition for leave to Appeal No.107 of 2008). Judgment &n......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ..Category: Criminal Law | Date: | Hits: 44
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. ......on the appellate Court to reassess the evidence on record and to arrive at his own independent findings. In the instant case, the specific findings of the trial Court have not been reversed by the power appellate Court exercising its appellate jurisdiction under Order XLI, Rule 31 of the Code of......rs 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 January, 2007 pa...... 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. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)
....review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ......dition that the period of tenancy might be extended from time to time with an enhancement of rent at the rate of 7%. In clause 13 of the agreement, it is further stipulated that both parties are empowered to terminate the tenancy with three months, notice upon each other. The petitioners in......d another..............................Petitioners Vs. Dhaka City Corporation, represented by its Mayor, Nagar Bhaban, Dhaka and others. ....Respondents Judgment October 22, 2008. Lawyers Involved: Mainul Hosein, Senior Advocate, instructed by Md. T......review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ..Category: Business or Commercial Law | Date: | Hits: 169
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569.......g to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenants including the plaintiff. The Government of Bangladesh under its power of management of abandoned properties, published auction notice for sale of the same "Mercanti......r 18, 2008. Result: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1385 of 2007. (From the judgment and order dated 11th February, 2007 passed by the...... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569...Category: Property Law | Date: | Hits: 28
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....er is the Chairman of the respondent No.3 Company. 6. The petitioner is not one of the promoters of the respondent No.3 company, however, in order to strengthen the capacity of the financial status of the company the respondent Nos. and 2 being the promoter directors invited the ......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. ......ocate (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 by the High ......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
City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)
....here 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) 563. ...... the properties describes in schedule Kha (1) of both the suits were mortgaged with the petitioner on 12.08.1997 by a registered deed of mortgaged dated 12.08.1997 accompanied by a registered power of attorney and also by deposit of original title deeds and that schedule Kha (2) of Artha Ri......ved: Md. Abdun Nur, Advocate-on-Record-For the Petitioner. Harun-or-Rashid, Advocate, instructed by Haridas Pal, Advocate-on-Record-For the Respondent. Civil Petition for leave to Appeal No.1414 of 2007. (From the judgment and order dated 27.08.2007 passed by the High ......here 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) 563. ..Category: Civil Law | Date: | Hits: 102
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ...... being in force and the rate of duty as prescribed may be levied, amended or altered from time to time either by the Finance Act or by any other appropriate legislature. But section 19 is the general power of exempting from custom duty under certain special circumstances when the Government consider......LT (AD) (2012) 60. ......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
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