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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 Pakistan Army in 1970 joined the liberation war and was ultimately promoted to the rank of Lieutenant Colonel. He stated, inter alia, in his writ petition that he also served in the diplomatic service of Bangladesh but for his personal reason he resigned from diplomatic service in 1982 and c..Category: Constitutional Law | Date: | Hits: 167
....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. ..
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. ..Category: Criminal Law | Date: | Hits: 63
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....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: ......in each shop and executed the covenant in presence of witnesses and duly made over the possession of the suit premises to the petitioners and that the monthly rent was fixed at Tk.400/- along with service charge against water, sewerage, ground rent etc against each shop and there is also clause ..Category: Property Law | Date: | Hits: 48
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: ..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...... informant P.W.1 A.F.M. Mohitul Islam was all along in Dhaka after the occurrence and he joined as a receptionist in the Bangabhaban on 3rd September, 1975 after the occurrence and continued in service till he filed the F.I.R. on 2.10.1996 after a long lapse of more than 21 years. This unrea..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 ......or General Ziaur Rahman became the exclusive powerful leader and that after taking over power, he repatriated the officers involved in the killing of 15th August and 3rd November by arranging their service at foreign embassies of Bangladesh. He further stated that those officers made abortive at..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......afayet Jamil, how a Police Officer of the local Police Station driven out the P.W.1 A.F.M. Mohitul Islam with filthy language refusing to record F.I.R. from him apprehending threat on his life and service, which came true shortly with the passing of the Indemnity Ordinacne,1975 by Khonkder Musta..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......rs that Section 35 of the Navy Ordinance, 1961 defines mutiny which reads as under: “35. In this Ordinance, mutiny means a combination between two or more persons subject to service law, or between persons two at least of whom are subject to service law- (a) t..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......nt and the authority in the armed forces supported their action by expressing allegiance in favour of the change. Md. Reajul Haque (P.W.37) stated in chief that at about 9 A.M. the Chiefs of three services, the B.D.R. chief, the I.G. of Police were brought by Major Dalim at Studio No. 2 and thei..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. ......heads of expenditure of zakat in note 1320 explained as under: "1320. Alms or charitable gifts are to be given to the poor and the needy and those who are employed in their service. That is, charitable, funds are not to be diverted to other uses, but the genuine expenses..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......o. wewb‡evÐ26/ 2008Ð302 (34) dated 28.10.2004. 3. Further case of the petitioners’ are that as finally selected candidates they were waiting for appointment to join in service very soon. But, Ministry of Establish vide Memo No. ME (Admin-3) 1 / 2004-1159 dated 28.01...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......the petitioner as Principal. He has further submitted that the petitioner suppressed the fact that a selection committee was formed earlier on 17.04.2006 consisting of 4(four) members violating the service regulation of national university and the petitioner was selected for the post of Principal..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......ate matters relating to the appointments of the Additional Judges and Judges of the Supreme Court by the executive Government shall not be declared unconstitutional. 42. Before the date fixed for service return of the rules an application was filed by the writ petitioners in Writ Petition No.297..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......he Government (herein after collectively referred to as the said laws applicable to BDR); 3. And whereas BDR as a disciplined force is raised and maintained by the Government of Bangladesh for the services, namely, border protection, anti-smuggling duty, and any other task as the Government may d..Category: Constitutional Law | Date: | Hits: 289
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