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

.... (In Civil Petition No.1451 of 2008). Mrs. Masuda Awal and others ......Respondents (In Civil Petition No.1452 of 2008). Judgment July 19, 2009. Cases Referred To- Bangladesh V. Sree Sree Madan Gopal Jew and others (1981) 33 DLR (AD) 13; Jalil Ahmed Vs. the Provi......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. ......in J Shah Abu Nayeem Mominur Rahman J Bhawal Raj Court of Wards Estate, represented by its Manager, Dhaka.................Petitioner (In all the cases) Vs. Rasheda Begum and others .........Respondents (In Civil Petition No.1447 of 2008). Nazma Akhter Banu and o......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

State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)

....lodged F.I.R. with Kaliganj Police Station alleging, inter alia, that while he and other members of his party were on petrol duty at Khazia Boarder out Post, found the accused persons to enter into Bangladesh territory from India at about 22.30 hours and they apprehended those accused persons and......pon   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) 807. ......ellip;……..........Petitioner Vs. Muhammad Faridul Mollah…......Respondent Judgment March 19, 2008.  Lawyers Involved: Md. Ali Akanda, Deputy Attorney General, instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the......pon   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) 807. ..

Category: Criminal Law | Date: | Hits: 45

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

....oynul Abedin J Md. Abdul Matin J              Md. Bazlur Mohammad .......................Petitioner. Vs. Bangladesh rep­resented by the Secretary, Ministry of Law, Justice and parliamentary Affairs, B......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. ......bsp;        Md. Bazlur Mohammad .......................Petitioner. Vs. Bangladesh rep­resented by the Secretary, Ministry of Law, Justice and parliamentary Affairs, Bangladesh Secretariat, Dhaka & others......Respondents Judgm......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

M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)

.... Md. Abdul Matin J    Md. Abdul Aziz J        M/S M A Salam and Co....................Petitioner Vs Islami Bank Bangladesh Limited repre­sented by its Executive Vice-President Head Office, 49, Dilkush Commer......nbsp; agree­ment by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ......ivision (Civil) Present: Md. Tafazzul Islam J Md. Abdul Matin J    Md. Abdul Aziz J        M/S M A Salam and Co....................Petitioner Vs Islami Bank Bangladesh Limited repre­sente......nbsp; agree­ment by paying the decreetal amount. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 797. ..

Category: Civil Law | Date: | Hits: 109

Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)

....nt of Police, Khulna and others.........Respondents Judgment         January 23, 2008.   Cases Referred To- Govt. of Bangladesh and others vs. Md. Sharufuddin Mollahas 54 DLR (AD) 120. Lawyers Involved: ......re 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) 780. ......   Md. Tafazzul Islam J Md. Abdul Matin J   Md. Anwar Hossain……….........Petitioner Vs. Superintendent of Police, Khulna and others.........Respondents Judgment         ......re 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) 780. ..

Category: Administrative Law | Date: | Hits: 162

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

....eme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Md. Selim............Petitioner Vs. Government of Bangladesh and others........Respondents Judgment January 22, 2008. Result: The petiti......­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. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Md. Selim............Petitioner Vs. Government of Bangladesh and others........Respondents Judgment January 22, 2008. Result: The petition is dismi......­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

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

.... 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) Abdul Mukta......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. ......5, 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) Abdul Muktadir and oth......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)

.... Shahriar Rashid Khan..............Appellant (In Civil Appeal No. 18 of 1997) Sayed Faruque Rahman Col. (Reted.).......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and oth­ers............Respondents (In both the appeal) Judgment Apri...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......riar Rashid Khan..............Appellant (In Civil Appeal No. 18 of 1997) Sayed Faruque Rahman Col. (Reted.).......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and oth­ers............Respondents (In both the appeal) Judgment April 19, 1998....... 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)

.... C. A. No. 247-250 of 2005 and to pay the unpaid bills, if any, 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 D......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. ......244-246, 248-50 of 2005) Luthfar Rahman…................Appellant (In Civil Appeal No. 245 of 2005) Ohiduzzaman Chowdhury......Appellant (In Civil Appeal No. 247 of 2005) Vs. Md. Eunus and Brother (Pvt.) Ltd…............. Respondents (In all the Appeals) And Md. Eunus and Brot......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

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

.... 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, Justice & Parliamentary Affairs, Banglad......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:   ...... Supreme Court Appellate Division (Civil) Present: 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 Peo......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

....) 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; State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153; Jamil Huq Vs. Bangladesh, 34 DLR (SC) 125; Balbir Singh and another V. State of Punjab (1995) 1 SCC 90; Joginder ......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. ......mel Hossain J S. K. Sinha J Major Md. Bazlul Huda (Artillery)……….....Appellant (In Criminal Appeal No. 55 of 2007, Criminal Miscellaneous Petition No. 08 of 2001 and Criminal Review Petition No.03 of 2000). Lieutenant Colonel Syed Faruque Rahman…&......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

....ing at Bangabhaban. P.W.37 stated that after the incident he at the Studio No.2 of the Radio Station, saw Shahriar, along with other co-accuseds were preparing speech of Khondker Mostaque Ahmed of Bangladesh Radio on 15th August 1975 at 7 a.m. P.W.42  stated that he found Shahriar, Mohiuddin...... 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. ......W.11, stated that he was a member of unit he on reaching at the parade ground he noticed that the parade was disorderly, that in the parade Farooque Rahman came there along with Major Ahmed Hossain and then Farooque Rahman and other officers went to the office of Mohiuddin (Lancer) and he also no...... 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

....r,1975 by him/Major Gen. Khaled Mosharaf and inclusion of the Indemnity Ordinance, 1975 in the schedule of 5th Amendment of the Constitution and rehabilitating them in different foreign missions of Bangladesh by President General Ziaur Rahman and subsequently by the next President General H.M. E...... 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.’’  ......inal.’’  ...... 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

....ed brother Md. Tafazzul Islam, J in his judgment has extensively discussed the facts, relevant laws, grounds of delay in lodging the FIR including the background and the scenario which prevailed in Bangladesh after the assassination of the Father of the Nation, Bangabandhu Sheikh Mujibur Rahman, ......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. ...... 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

....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 Bangladesh with retrospective effect from 15th August, 1975. Thereafter he promulgated the Indemni......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. ......er. ......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

....nd beyond reproach the same can be relied upon and a conviction can be founded thereon.”   747. Therefore, I find that there is uniform views of the Supreme Courts of Bangladesh and India that if an extra judicial confession is reliable and the evidence of such con...... 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. ......r. Ajmalul Hossain, Q.C. has referred the case of State of U.P. V. M.K. Anthony, AIR 1985 SC 48 on this point of admissibility of extrajudicial confession. In that case the accused killed his wife and two children. The accused was seen sitting in the adjoining room and on seeing him one witness ...... 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)

....sion held that there was no basis for the preparation of the Ext. D in the name of one of the defendants. It is in the evidence of D.W.2 that he erected huts after '2/1' year of the liberation war of Bangladesh. D.W.2 has stated that he has no paper to show that his father and after him he is on the......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. ......ith 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)

....bsp;                 Dira Dockyard and Engineers Ltd. and others...................Appellants Vs. Bangladesh Shilpa Rin Sangstha and others.....................Respondents Judgment N......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. ......p;      Latifur Rahman J                     Dira Dockyard and Engineers Ltd. and others...................Appellants Vs. Bangladesh Shilpa Rin S......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)

.... Md. Hassan Ameen J                    Md. Abdul Matin J    Islami Bank Bangladesh Ltd..............Petitioner (In all petitions) Vs. Commissioner of Taxes, C......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. ......instructed by Mvi Md Wahidullah, Advocate-on-Record—For the Petitioner. Not represented— 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 ......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)

....Present: Mir Hashmat Ali J Md. Nuruzzaman J Muzaidul Islam s/o. Shah Alam, Village: Kalirchar P.S. & Dt. Laxmipur and others.……. Petitioners. Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Dhaka ......;                   Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......ourt Division (Special Original Jurisdiction) Present: Mir Hashmat Ali J Md. Nuruzzaman J Muzaidul Islam s/o. Shah Alam, Village: Kalirchar P.S. & Dt. Laxmipur and others.……. Petitioners. Vs. Bangladesh represented by the Secretary......;                   Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 132