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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four

....h triable by a criminal Court. Criminal Court has been defined under Section 8 (7) of the Act as a court of ordinary criminal justice in Bangladesh or established elsewhere by the authority of the Government. Section 59 of the Army Act deals with the civil offences. Sub-Section (1) of Section 59......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

....ings against persons in respect of certain acts; things, committed by those persons in connection with, or in preparation or execution of any plan for, or necessary steps towards the change of the Government of Bangladesh and the Proclamation of Martial Law of 15th August, 1975. Whether or not a......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

....e connected with the murder of Bangabandhu Sheikh Mujibor Rahman and his family members. According to the learned counsels, the killing was the consequence of a revolt of the army to overthrow the Government of Bangabandhu Sheikh Mujibor Rahman in which, the appellants were not involved.  I...... 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)

....ing that Ext.1-R.S. khatian shows that the land in suit was recorded in the name of Sitakunda Mela Committee represented by the Sub-Divisional Officer, Sadar, Chittagong and the superior landlord was Government of India (ভারত সম্রাট) and the land of the Ext.1, the R.S. khatian wa......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

Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)

.... Md. Muslim has also filed Case No. 382 of 1987 for release of the same. One Abdus Sattar also filed Case No. 843 of 1987 for release of the same on the plea that he took lease of the same from the e Government. The writ respondent No.1 dis­missed the case, against which the writ peti­tioner unsuc......e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ..

Category: Property Law | Date: | Hits: 32

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. ......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

Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)

....at he did not receipt respect of facts from the respondents though he requested the respondents to give instruction in respect of the order of stay. He further submits that it is the policy of the Government, so it will be continuous process. 8. We have heard the learned Advocates of both......;                   Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 132

S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)

....om Dhaka University. The petitioner joined in the Abdul Jabber College, Borhanuddin, Bhola on 26.10.1981 as a Lecturer of Political Science. The Abdul Jabber College, Borhanuddin, Bhola is a non-Government Decree College ssperforming its function under the control of the National University, t......                     Mir Hashmat Ali J.- I agree. This Case is also Reported in:  ..

Category: Constitutional Law | Date: | Hits: 121

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

....-E-Elahi Panir Vs. Bangladesh 44 DLR(AD) 319; Raj Kanwar, Advocates V. Union of India, (1992) 4 SCC 605; Abrar Hassan Vs. Govt. of Sind P.L.D 1976 S.C page 315; S.N. Goswami, Advocate and another Vs. Government of Bangladesh, 55 DLR 332; Sankal Chand (AIR 1977 SC 2328); A-G vs. Jonthan Cape Ltd. {19......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)

.... Amirul Kabir Chowdhury J Md. Joynul Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners Vs. The Government of the People’s Republic of Bangladesh represented by Secretary Ministry of Land a......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

Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)

....icate and possession of the suit land through Court in auction purchase and have been enjoying and possessing the same. It appears that the S.A. and R. S. record rightly prepared in the name of the Government. The original owners of the suit scheduled property left this Country before, 1965. The...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 51

Special Reference No.1 of 2009, 38 CLC (AD)

....f 1972), The Bangladesh Rifles (Special Provisions) Ordinance, 1976 (Ordinance No. LXXXV of 1976), The Bangladesh Rifles Rules, 1971, The Rifles Regulations, 1922 and other relevant rules made by the Government (herein after collectively referred to as the said laws applicable to BDR); 3. And whe......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)

..............Petitioner (In Civil Petition No. 441 of 2005) Gias Uddin………...............................Petitioner (In Civil Petition No. 442 of 2005) Vs. The Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Secret......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)

....on of the defendant that the plaintiffs are fictitious persons. The positive case of the defen­dant are that Abdul Halim died leaving behind no issue and the suit property vest­ed with the Government as per law. 4. The defendant Nos.1 and 7 submitted written statement denying the ......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

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.......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)

....ll the appeals are more or less same. It was the case of the writ-petitioners that proceeding for the acquisition of the land was initiated and part of the compensation money was paid but later on Government decided to de-requisition their land along with the land of others and thereupon they we......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

Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)

....aged in running business in rearing, cultivating, catching and export oriented marketing of fish. In running such business the writ petitioner takes lease of closed fisheries particularly from the Government. In the district of Mymensingh there exists a closed fishery named "Color Beel"...... 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: 14 MLR (AD) (2009) 312. ..

Category: Property Law | Date: | Hits: 30

Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)

....of turnover tax @ 4% and so no illegality was committed in demanding the evad­ed VAT and in fact demand vide notice dated 31.05.1999 was also issued on Nasir Biri Industries Ltd for payment of Government dues amounting to Tk.7,53,545.23 and moreover after giv­ing personal hearing to the ......e is no illegali­ty or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Abdul Halim and another Vs. Sheikh Abdullah and others, 2008, 37 CLC (AD)

....hin, Ali Newaz and Nazar Bibi died leaving behind 4 sons Omar Ali, Joynal Abedin, Golam All, Ashraf All and one daughter Romela Khatun and while they were in possession of the plot in suit the then Government acquired east portion of the plot in suit for which their share in the plot in suit red......d no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 581. ..

Category: Property Law | Date: | Hits: 30

Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)

.... placed before the High Court Division are that the suit building a four storied building situated at 27, Agrabad Commercial Area, known as "Mercantile Court" belonging to a non Bengali vested in the Government of Bangladesh as abandoned property and the said building was occupied by different tenan...... 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