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

....n passed in Civil Revision Case No.3714 of  2000 making absolute the Rule obtained against the judgment and decree dated  17.7.2000 of the learned Additional District Judge, Court No.10, Dhaka passed in Title Appeal No.438 of 1993 affirming those of dated 10.11.1993 of the learned Assi......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)

....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. ......mprising of writ respondent Nos.3,5 and 6 on 2.6.1999 and 20.9.1999 contained in the minutes (Annexure-'M') and of the gradation list issued and published by respondent Nos. 2 and 8 in the Bangladesh Gazette on 23.11.1999 placing writ respondent Nos. 11-79 in serial Nos.115 to 183 therein (Annexure-..

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

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

....n-Record - Respondents No. 1 A. N.(In both the Appeals) Civil Appeal Nos. 18 and 19 of 1997. (From the Judgment and Order dated 28th January, 1997 passed by the High Court Division, Dhaka in Writ Petition No. 5321 and 5313 of 1996 respectively) Judgment ATM Afzal......)(a) of the Constitution, involve con­sideration of one central question and that is, whether the Indemnity (Repeal) Act 1996, Act No. 21 of 1996, briefly the Act, (published in the Bangladesh Gazette (additional issue) dated 14, November, 1996) is ultra vires the Constitution. At the end of..

Category: Constitutional Law | Date: | Hits: 167

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

....e Superintendent Engineer RHD, Sylhet Road Circle, Sylhet to the Additional Chief Engineer, RHD Comilla Zone, Comilla who also opined and rec­ommended to the Chief Engineer RHD, Sarak Bhaban, Ramna, Dhaka vide Memo. No.46(Kha)27 dated 02.01.2003 and the matter was also discussed in a meeting at Com......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

A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)

.... above review petitions on the averments that Abdul Kheleq, the predecessor of the respondents, instituted Title Suit Nos.57, 58, 59, 60, 61, 62 and 63 of 1989 in the 4th Court of Assistant Judge, Dhaka praying for eviction of the petitioners from the suit premises on the averments that the peti......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 48

S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)

....this Division in Civil Petition for Leave to Appeal No. 1599 of 2003. 2. The respondent as plaintiff instituted Title Suit No. 106 of 2001 in the Second Court of Joint District Judge, Dhaka against the petitioners praying for declaration of title to the property described in ‘......aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 24

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

....etitioners. Vs. Government of the People’s Republic of Bangladesh, represented by Secretary, Ministry of law, Justice & Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others....    Respondents. Judgment April 29, 2009. L......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

....n with illegal motive, they met and conspired/ together on different dates since March,1975, at different places, namely, at the residence of Lt. Col. Khondker Abdur Rashid at his residence at the Dhaka Cantonment, BARD at Comilla, Shalna at Gazipur, the village residence of Khondker Moshtaq Ahm......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 Three

....kh 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. 340. Mr. Anisul Huq, the Chief Prosecutor for the respondent termed the incident of ...... 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

....rted in 15 DLR (1963) 615, where six accused persons were convicted under Sections 304 and 148 and other provisions of the Penal Code. The learned 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......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

....s family members, the conviction of the appellants  by a normal criminal Court is without jurisdiction. Learned counsel further argued that the instant incident was  originated from the Dhaka cantonment on the night of 14th August from which it was apparent that it was a mutiny simpli......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. ......ident on 15th August 1975 will not be admissible under  section 57(13) of the Evidence Act. Section 81 creates a presumption of genuiness in respect of the documents, such as, (a) an official Gazette (b) the London Gazette (c) the Gazette of Bangladesh (d) the Gazette of any state Governmen..

Category: Criminal Law | Date: | Hits: 291

Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)

....y;dent's Order No. 128 of 1972) briefly, the Order, being Miscellaneous Case No. 117 of 1983 filed by the Bangladesh Shilpa Rin Sangstha, briefly, the Sangstha, in the Court of the District Judge, Dhaka on 28-9-1983 which subsequently, on transfer to the Court of the Subordinate Judge and Commer......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)

....therein. 4. The facts, in short, are that the deceased Advocate Md. Habibur Rahman Mondal alias Habib Mondal was the General Secretary of Sutrapur Thana B.N.P. and the Joint Secretary of the Dhaka District Bar Nationalist Ainjibi Forum. He had bitter enmity and rivalry over local politics......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

Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)

.... to the respondent No.2, the Receiver appointed in Non FIR Case No.793 of 1997 filed under section 145 of the Code of Criminal Procedure, to hand over the possession of holding No.59/1 Purana Paltan, Dhaka to Mr Humayun Kabir, the added respondent No.4. 2. Facts, in brief, are that on the basis o......session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117...

Category: Criminal Law | Date: | Hits: 62

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

...., Village: Kalirchar P.S. & Dt. Laxmipur and others.……. Petitioners. Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Dhaka 1000 and others......... Respondents. Judgment November 08, 2009. Cases ......;                   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)

....anuddin, Bhola............. Petitioner. Vs. The People’s Republic of Bangladesh represented by Secretary Ministry of    Education, Bangladesh Secretariat, Ramna, Dhaka and others……….Respondents. Judgment August 26, 2009. ......                     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)

.... BLD (A.D.) 104; Bangladesh Vs. Professor Golam Azam 46DLR (AD) 199, Kazi Muklesur Rahman Vs. Bangladesh 26DLR (SC) 44; Dr. Mohiuddin Farooque Vs. Bangladesh 49 DLR (AD) 1, Registrar of University of Dhaka Vs. Zakir Ahmed 16 DLR SC 722, Sankar Chand’s case, AIR 1977 S.C. 2328, Reference re-amendme......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

M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)

.... the High Court Division in First Appeal No.562 of 2000 affirming with modification of the judgment and decree dated 04.05.2000 of the then Subordinate Judge (now Joint District Judge), 5th Court, Dhaka in Money Suit No.72 of 1995 decreeing the suit. 2. The facts involved in the case, i...... 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. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)

....and rightly enlisted in the census list of enemy property now vested property in pursuance of Government notification No.6199-Genl-dated 03.12.1965 under the defence of Pakistan Rules published by Dhaka Gazette dated 04.12.1965. It appears that the Government of Bangladesh proved the census list......ghtly enlisted in the census list of enemy property now vested property in pursuance of Government notification No.6199-Genl-dated 03.12.1965 under the defence of Pakistan Rules published by Dhaka Gazette dated 04.12.1965. It appears that the Government of Bangladesh proved the census list as we..

Category: Property Law | Date: | Hits: 51