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

....he had carried out as per direction  of his Commanding Officer.  196. The learned counsels, in support of their contentions, referred the cases of Nurul Islam and others Vs. The State, 43 DLR (AD)6, Hazrat Khan @ Hazrat Ali Vs. the State, 54 DLR 636, Moslemuddin and others Vs.......y which he had carried out as per direction  of his Commanding Officer.  196. The learned counsels, in support of their contentions, referred the cases of Nurul Islam and others Vs. The State, 43 DLR (AD)6, Hazrat Khan @ Hazrat Ali Vs. the State, 54 DLR 636, Moslemuddin and ot...... 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

....ng the events unfolding the 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 resp...... 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.’’  ...... 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

....tion under different provisions of law or acquittal of some of the accused person. In this context, the position of this Apex Court is not very clear. However, in the case of Mohim Mondal–Vs- State reported in 15 DLR (1963) 615, where six accused persons were convicted under Sections 304 an......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. ......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

....hes 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. ......y a Court-Martial to be convened by the Chief of Army Staff as was done in case of General Ziaur Rahman’s killing. In this connection the learned counsel has referred to the case of Jamil Huq Vs.  Bangladesh, 34 DLR (AD) 125. 643. Mr. Anisul Huq and the learned Attorney General......l 12.30/1-00 A.M.  He further stated that in course of training Khondker Abdur Rashid and Major Mohiuddin (artillery) inspected the parade. He further stated that at about 3.30/4-00 A.M. Abul Kalam directed their guns to amalgamate and to hook them with the vehicle. He further stated that ......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

....ions 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. ......l Huda and Mohiuddin Ahmed at the place of occurrence but the High Court Division has totally ignored this aspect of the matter. The learned counsel has referred the cases of Nurul Islam and others Vs. The State , 43 DLR (AD)6, Hazrat Khan @ Hazrat Ali Vs. the State, 54 DLR 636, Moslemuddin and ......r stated that the night training continued till 12.30 to 1.00 A.M. and this appellant inspected the parade. He made statements corroborating with P.W.17 and stated that at about 3.30/4.00 a.m, Abul Kalam made them to fall-in and at that time Captain Jahangir and Major Mohiuddin came there. Capta...... 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)

....dentity of the land was not established by local inspection, that record of right hav­ing been in the name of the defendant and as the same has presumption of correct­ness under section 144A of the State Acquisition and Tenancy Act the appellate Court was in error in discarding the Ext. D, (B.S....... 126 of 2001). Zohara Khatun and other…...................Appellants (In Civil Appeal No.127 of 2001) Ahasanuzzaman and others…................Appellants (In Civil Appeal No.128 of 2001) Vs. Sitakundu Chandra Nath Chatuspaty Tole and others….......Respondents (In all the appeals) ......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. ......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

State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)

....) 358. ...... Aziz J The State................Petitioner (In Criminal Petition Nos. 335 and 336 of 2008). Md. Abdul Hai Bhuiyan ...........Petitioner (In Criminal Petition No. 125 of 2009). Vs. Shahidur Rahman alias Shahid and another......Respondent (In Criminal Petition No.335 of......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. ......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

Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)

.... are held in the grip of debt should be helped to economic freedom: (4) those who are struggling and striving in Allah's cause by teaching or fighting or in duties assigned to them by the Islamic State, who are thus unable to earn their ordinary living: and (5) strangers stranded on the way. A......bsp;            Md. Abdul Matin J    Islami Bank Bangladesh Ltd..............Petitioner (In all petitions) Vs. Commissioner of Taxes, Companies Circle-19...............Respondent (In all petitions) ......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

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

....llate Division (Criminal) Present: MM Ruhul Amin CJ Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Azizullah (Md) and others.................Appellants Vs. State and others..............................Respondents Judgment January 14, 2009. Lawy...... Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Azizullah (Md) and others.................Appellants Vs. State and others..............................Respondents Judgment January 14, 2009. ......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.......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

Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)

....29 BLD (HCD) (2009) 327. ......ffidavit of the complainant and considered the submissions of the learned advocates of the parties. 7. Before enter into the merits of the case we would like to refer the case of Dr. S. Ashraf Ali Vs. Md. Ahsan Habib and another reported in 56 DLR 169 wherein their Lordships categorically stated ......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ..

Category: Criminal Law | Date: | Hits: 93

Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)

....plication for pre-emption. 2. The material facts relevant for disposal of this Rule are that the Opposite Party No.1 as pre-emptor instituted pre-emption case No.65 of 1997 under section 96 of the State Acquisition and Tenancy Act, 1950 in the Court of learned Assistant Judge, Narail stating, int......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ..

Category: Property Law | Date: | Hits: 37

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

....                     Mir Hashmat Ali J.- I agree. This Case is also Reported in:  ......ir Hashmat Ali J Md. Nuruzzaman J S.M. Zakir Hossain, son of late Harun or Rashid, Principal –in-Charge, Abdul Jabber College, Borhanuddin, Bhola............. Petitioner. Vs. The People’s Republic of Bangladesh represented by Secretary Ministry of &nb......                     Mir Hashmat Ali J.- I agree. This Case is also Reported in:  ......                     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)

....angladesh 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-amendment of Constitution of Canada, 123 DLR(3rd)1,84; State Vs. Chief Editor, Manabjamin, 57 DLR 359, Bangladesh Vs. Shamsul Huda, 60 DLR (AD)124; State V......ers ............Petitioners (In Civil Petition Nos. 2221 & 2222 of 2008) Justice Syed Md. Dastagir Hossain and others............Petitioners (In Civil Petition Nos. 2046 & 2056 of 2008) Vs. Md. Idrisur Rahman, Advocate and others ........Respondents (In Civil Petition No. 2221 of 20......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. ......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

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

....3.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar Council Vs. Surjeet Singh AIR 1980 SC 1612, Waddington Vs. Mia (1974) 2 A.E.R. 377; 7 BLC (AD) 73, Narasappa Ashappa V. State, 1973 Bom LR 221: 1973 United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2......ar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar Council Vs. Surjeet Singh AIR 1980 SC 1612, Waddington Vs. Mia (1974) 2 A.E.R. 377; 7 BLC (AD) 73, Narasappa......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: ......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

Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)

....n (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Syed Nurul Azim Babar……………………………..Petitioner Vs. The State……………………………………………………Respondent Judgment July 5, ......ate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Syed Nurul Azim Babar……………………………..Petitioner Vs. The State……………………………………………………Respondent Judgment ......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...

Category: Criminal Law | Date: | Hits: 60

State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)

....706. ......Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The State……………………..............Petitioner (In all the Cases) Vs. Lal Miah@ Abdul Bari…….........Respondents (In Criminal Petition No. 270 o......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ..

Category: Criminal Law | Date: | Hits: 53

Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)

....have been made by Nironjan and got mutated  his name in the records of right and that  there-against the said Kanaklata filed  review case No.100/ 84-85 under Section  150 of the State acquisition and Tenancy  Act and that the plaintiff got himself added as a party in the ......ul Amin CJ Shah Abu Nayeem Mominur Rahman J Gour Chandra Majhi………………………………….Petitioner Vs. Shusen Kumar Mondal and others…........Respondents Judgment June ...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ..

Category: Property Law | Date: | Hits: 54

Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)

....uty Commissioner, Dhaka, and that the Bazar including the suit land is locally as Rumpura Bazar which has been established a full fledged Bazar as defined under section 2(12) and section 20(a) of the State Acquisition and Tenancy Act, 1050 and after forfeiture, the government took possession of the ...... Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 200......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

State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)

....108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......rt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J State.............................................Appellant Vs. Anowar Hossain Pinto alias Anowar Hossain & another…....Respondents Judgment June......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..

Category: Criminal Law | Date: | Hits: 53

Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)

.... Present: MM Rahul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Mohammad Mostafa alias Dayemuddin and another..........................Appellants Vs. The State..................................Respondent Judgment April 6, 2009. Cases...... (Criminal) Present: MM Rahul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Mohammad Mostafa alias Dayemuddin and another..........................Appellants Vs. The State..................................Respondent Judgment April 6, 20......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ..

Category: Criminal Law | Date: | Hits: 50