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Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)

.... this way plaintiff became 16 annas owner of the suit land. Further case of the plaintiff is that Ali Azzam, father of the defen­dant No.1, was an uncle of the plaintiff. The plaintiff being a Government ser­vant, served at different places in the country on transfer for which he kept th......ved al a correct, decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 823. ......ved al a correct, decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 823. ..

Category: Property Law | Date: | Hits: 30

Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)

....at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ..

Category: Property Law | Date: | Hits: 53

Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)

....on 409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. Thereafter, the writ respondent No.4, Metropolitan Sessions Judge, wrote a letter dated 04.03.2004 to the Government followed by another letter dated 09.03.2004 for sanction. But the office of the Prime Mi......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ..

Category: Criminal Law | Date: | Hits: 64

Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)

.... thereafter after the acquisition of the land of the Zaminders on cessation of the Zamindary system the rent receiving interest of the Mouza under which the case lands belonged was acquired by the Government under Section 3(1) of the State Acquisition and Tenancy Act, 1950 vide notification No.2......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ..

Category: Property Law | Date: | Hits: 67

Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)

....p;   August 3, 2008. Cases referred to- Mvi. Mohammad Khurshed Alam vs. Secretary Ministry of Law, Justice and others, 50 DLR (AD) 82; Kazi Emanuddin Bhuiyan Vs. The Government of Bangladesh, 12 BLC (AD) 134; Raisuddin vs. Bangladesh and others, 51 DLR (AD) 152; Ka......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) 799. ......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) 799. ..

Category: Civil Law | Date: | Hits: 100

Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)

.... plot No. 1125 which is their homestead, in plot No.1126 and in D.P. Khatian No.23 of 1972 and final Khatian No. 236 and they have been pos­sessing those land specifically by paying rent to the Government separately and they have no connection with the land of Khatian Nos. 414 and 200 which a...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ..

Category: Property Law | Date: | Hits: 33

Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....12) 249. ......­stance 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) 777; 17 MLR (AD) (2012) 249. ......­stance 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) 777; 17 MLR (AD) (2012) 249. ..

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

Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)

....all the papers of the suit land taking advantage of the helplessness of the defendant Nos.1 and 2 on false representa­tion that he would take necessary steps for mutation of their names in the Government record in respect of the suit land and then filed the present suit. The plaintiff petiti......d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ..

Category: Property Law | Date: | Hits: 32

Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)

....nd and/or direction was given to mutate the suit land in the names of the defen­dants and further Ext. E is also not an order having binding force on any court except the Revenue Office of the Government and in any way Ext. E does prove exclu­sive possession of the defendant in the suit ......ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ..

Category: Property Law | Date: | Hits: 26

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

.... Petition Nos. 44 & 45, 50 & 51 of 2004 here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Government of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) ......e appeals are allowed with­out any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......e appeals are allowed with­out any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..

Category: Employment/Service Law | Date: | Hits: 118

Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)

....1975. The appellant came to know about the aforesaid criminal cases while inside the jail. 4. The appellant alleged that in 1975 when the democratic system was throttled by the then BAKSHAL Government and an economic crisis and a serious unrest was prevailing all over the country, a revol...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..

Category: Constitutional Law | Date: | Hits: 167

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

....ny, of the writ petitioner for the work already done in accordance law. Cases Referred To- Sharping Matshjibi Samabaya Samity Ltd. vs Bangladesh and others 39 DLR (AD) 85; Mesbahuddin Ahmed Vs. Government of Bangladesh and orders 47 DLR 515; Bangladesh Power Development Board and others Vs. Md......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..

Category: Civil Law | Date: | Hits: 212

State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)

....d Deputy Attorney General appearing for the state submits that the order of acquittal was passed by learned Single Judge only on the ground that in the present case sanction was not obtained from the Government. He submits that through inadvertence the copy of the order of President’s Secretariat ......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ..

Category: Criminal Law | Date: | Hits: 63

Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)

.... MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Mrs. Zinnatul Ara and others……….............Petitioners. Vs. Government of the People’s Republic of Bangladesh, represented by Secretary, Ministry of law,......there 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:   ......there 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:   ..

Category: Civil Law | Date: | Hits: 88

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

.... (d) the evidence and materials on record will only show that there was no case of criminal conspiracy for murder but a case of criminal conspiracy to commit mutiny to change the then Mujib Government. Hence the conviction and sentence of the convict petitioners are liable to be set asid......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. ......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. ..

Category: Criminal Law | Date: | Hits: 310

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

....alim, Major Rashed Chowdhury, Major Sultan Shahrier and Captain Majed. Thereafter Major Abdur Rashid and Major Dalim told them that they liberated the country at the cost of blood–the present Government failed to protect the modesty of the womenfolk the people are dying for starvation and ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..

Category: Criminal Law | Date: | Hits: 274

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

....evidence and materials on record as to how brutally the convicts perpetrated the incident and how the criminals were protected, sheltered, rewarded and maintained under State patriotism by the then Governments up to 1996. 343. The learned Counsels for the respondents drew our attention fr...... 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.’’  ...... 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

....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. ......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. ......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. ...... 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