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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....ears old youngest son Sheikh Russel, wives of Sheikh Kamal and Sheikh Jamal and Sheikh Naser Rahman, the brother of the President along with other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. ...... 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.’’ ...... 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 Four
....ome of the accused person. In this context, the position of this Apex Court is not very clear. However, in the case of Mohim Mondal–Vs- State reported in 15 DLR (1963) 615, where six accused persons were convicted under Sections 304 and 148 and other provisions of the Penal Code. The learn......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. ......as pleased to dispose of the Death Reference and the connected appeals as per provisions of Sections 378 and 429 of the Cr.P.C. It has transpired that the decisions of Supreme Court of the Sub-continent have not laid down a clear guide-line as to how the third learned Judge should deal with the ......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
....nce can be condoned if the witnesses on whose evidence the prosecution relies have no motive for implicating the accused.” 628. The informant has implicated only 14 accused persons in the F.I.R, of them, he made specific allegation of overt act against the appellant Major......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. ......e 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
....ptain Bazlul Huda came out and at that time Noor directed Subedar Major to go inside and to ascertain whether all were finished, that Captain Huda directed him through Sarwar to disperse the persons standing beside the lake, that thereafter he heard the sound of movement of tan...... 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. ......iety 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. ...... 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)
....January 15, 1963 and handed over possession of the land so gifted to the plaintiff and since then the plaintiff possessed the same by constructing 'kacha' huts and let out the same to different persons on monthly rent basis, that during war of liberation 'kacha' huts were burned by the Pakista......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. ......ference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......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)
....mmunity of directors as regards the company's creditors and contractors. Directors are in general not personally liable for the company's debts, other obligations to its creditors or persons with whom they deal on its behalf, nor do they owe duties themselves to such persons. ......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. ...... will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......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
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
.... distance of his residence, someone called him as Habib Bhai from the back. At this at the indication of the deceased, Arshad made 'the speed of the motorcycle slow. At that time one of the accused persons shot the deceased. The bullet penetrated into the 3 back of his head and exited through hi......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....business is in the nature of allowable expenditure. It was also the contention of the petitioner for Leave to Appeal that payment of 'Zakat' by the petitioner attracts a significant number of persons who invest their money with the belief and object that a portion of the profit of the Bank ......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. ......missed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......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
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....ure of the College, he has submitted that in the absence of the Principal, Vice Principal of the College will be given the charge of the Principal. But by the interference of the local influential persons and interested quarter in an educational institute like a decree college Assistant Professo......ollege, he has submitted that in the absence of the Principal, Vice Principal of the College will be given the charge of the Principal. But by the interference of the local influential persons and interested quarter in an educational institute like a decree college Assistant Professor has made a......sp; Mir Hashmat Ali J.- I agree. This Case is also Reported in: ......Rule. 5. Mr. Mustafa Neiz Mohammad, the learned Advocate appearing with Ms. Jubaida Gulshan Ara and Mr. Md. Humayun Bashar for the petitioner has submitted that the petitioner has requisite educational qualification for the post of Principal as per notification dated 02.04.2003 issued by ..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
.... the learned Judges of the High Court Division that the Chief Justice should consult with a collegium of Judges, there is also no bar for the Chief Justice to discuss with his colleagues who are best persons to adjudge the legal acumen of the persons for appointment as Judges and in fact the Chief J......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. ......ent. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......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
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
.... acres of land out of 60 acres leased out land to the petitioner’s company earlier on 17.05.1963 and that the possession of the balance 10.17 acres of land being in occupation of unauthorized persons could not be delivered. Accordingly, the Deputy Commissioner, Noakhali, was persuaded to ha......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......cordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 25
Special Reference No.1 of 2009, 38 CLC (AD)
....ence of mutiny was also committed in 40 different BDR establishments around the country. In course of the said occurrence spreading over two days above BDR mutineers in the Peelkhana killed in all 73 persons, of them 57 were very upright and promising Army officers including the then Director Genera...... is not binding on the subordinate courts and the High Court Division that would lead to judicial indiscipline and anarchy. 16. In the present case the reference was heard by giving notice to all interested parties and 10 legal luminaries of the country participated in the proceeding and express......sed 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. 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)
.... to prove the claim of co-sharer ship in the case jote, observing that the pre-emptor could not produce any deed in support of his claim of co-sharers hip by purchase in the case jote and that the persons named in the case khatian being RoR Khatian No.50 namely, Suruj Ali, Ahamed Ali and Samed A......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. ...... Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......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
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....ing outside the room, was having a business meeting in a room of the Town Primary School, when 4/5 terrorists appeared at the door of the room where the meeting was being held. They then pushed the persons standing outside into the room and the door was locked from the outside. Thereafter, accus......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.......tter 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 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...Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....r appellants in committing the crime is not based on sound principles of law recognized by criminal jurisprudence, the High Court Division thus erred in law allowing the appeals of the said accused-persons. 14. We have heard the learned Deputy Attorney General and perused the impugned judg......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. ......rference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......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. ..Category: Criminal Law | Date: | Hits: 53
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....he Government, the Land Allotment Committee, Ministry of Works, in terms of the decision taken in the year 1993, subsequently, in the year 1999 allotted 12 rehabilitation plots to them as affected persons for a period of 99 years on payment of considerations and on 10.10.2000 the possession of t......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. ......iding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......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
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....dant that the plaintiffs are the heirs of the recorded tenant nor has any interest or possession in the suit land. It was the positive assertion of the defendant that the plaintiffs are fictitious persons. The positive case of the defendant are that Abdul Halim died leaving behind no issue ......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. ...... which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......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
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....d Banu Khatun died leaving behind their only full brother Amiruddin and thus, Amiruddin became the owner to the extent of 16 anneas share. The R.S record was prepared in the names of the aforesaid persons for the whole suit land. Thereafter, in 1359 B.S. the said present petitioner, who is lying......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. ......cordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......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)
.... Court Division is to determine whether the authorities concerned made proper inquiry to ascertain whether a Bazar was established by the owner of the suit land or it was established by any other persons without obtaining consent of the owner of the suit land and no evidence was called either fr......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.......nterference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......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
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... in their affidavits in opposition justifying their contemptuous conduct are contemptuous. It showed no regrets or remorse. These contemptuous conducts are never expected from such responsible persons. Therefore, we are unable to accept the submissions advanced by the learned Counsels for th...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ......ssed Ed. This Case is also Reported in: VI ADC (2009) 657. ...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ..Category: Criminal Law | Date: | Hits: 62
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