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Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... 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
....thers reported in (2001) 8 SCC 344 wherein it has been held that;
"In cases where the decision making authority exceeded its statutory power or committed breach of rules or principles of natural justice in exercise of such power or its decision is perverse or passed an irrational order this Cou......ing initial recommendation by the Superintendent Engineer to be considered by the Additional Chief Engineer being purely internal departmental communication which is under the terms of the tender documents strictly confidential and not for any public consumption as any decision was yet to be tak..
Category: Civil Law | Date: | Hits: 212
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....High Court Division ought to have disposed of the Rule by awarding 25% solatium on the auctioned value to the auction purchaser as offered by the petitioners and that this Division, to do complete justice under Article 104 of the Constitution, may pass necessary order by awarding 25% solatium on......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
....e in its entirety was referred to the third judge for disposal. Hence the learned third judge having considered the case of only 6(six) convicts committed an error of law occasioning failure of justice. (b) the occurrence took place in the early morning on 15.8.1975. But the inform......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
....ogies is usually prompted by social and cultural perceptions about the advantage of a particular technology or alternatively the scope of its misuse. 210. The challenges before the criminal justice system are to balance the rights of the accused while dispensing speedy and effective justi......oque Rahman, on an interview by Anthony Mascaranthus stated that they killed Sheikh Mujib along with his family. According to the Learned Attorney the issue of "Sunday Times", Ext-X, is a document within the meaning of section 3 of Evidence Act in which Farooque Rahman admitted his par..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....rutal and barbarous referring to and reminding us the tragic incident of "Karbala massacre" in the hand of devil forces of Yeazid. 342. They all in unison with chocked voice sought justice narrating the events unfolding the evidence and materials on record as to how brutally the ...... 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
....Act, ‘civil offence’ means an offence committed in Bangladesh 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 th......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
....use were brutally killed. It was a bounden duty for Governments in power to institute a case for ascertaining the cause for the death if they had not supported the perpetrators and brought them to justice but in this particular case, the process of law was not allowed to take its own cours......ality is at the core of our system of criminal justice. 635. A Government not of men but of laws’ is how the American founding fathers envisaged their new state. The earliest official document in which the phrase appears, in the form a Government of laws and not of men. A system of ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....y the High Court Division, it merely clothes this Court with discretionary power to scrutinize and go into evidence in special circumstances in order to satisfy itself that substantial and grave injustice has been done to the accused. Though the expression “discretionary” has not bee......cassette. He did not explain how he received the same and whether or not it was original one. 801. Learned Attorney General contended that the issue of ‘Sunday Times’ is a ‘document’ within the meaning of the Evidence Act in which Lt. Col. Syed Farooque Rahman in an..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....not discussed the evidence and in the absence of non-discussion of the evidence, correct decision in the background of the facts and circumstances of the case as could not be arrived at for ends of justice the case required to be sent back to the appellate Court for disposal on due consideration o......975 is erased, that the defendants have filed the order dated 25.11.1961 (Ext.C) passed in Miscellaneous Case Np.95 in support of their claim of possession in the land in suit, that on perusal of the documents filed by the parties it is seen that the plaintiff got the land in suit from the R.S. reco..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....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. ...... import of used engines by the Dockyard. The Sangstha also wrote to both Tapashee and the Dockyard on 27-1-1982, 4-2-1982, 6-4-1982, 13-4-1982 and 6-5-1982 requesting them to submit the papers and documents and also for a report of break-up utilisation of fund but the Sangstha did not receive an..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
.... to the accused persons on dock, namely (1) Din Islam @ Dina, (2) Rahman, (3) Shahidur Rahman @ Shahid, (4) Abdul Malek, (5) Alam @ Alamgir and (6) Aktar Hossain who pleaded innocence and demanded justice. 6. The defence case as it transpires from the trend of cross-examination of the pro......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)
....of the Ordinance. In view of the preamble of our Constitution pledging that the high ideals of absolute trust and faith in the Almighty Allah........socialism meaning economic and social justice—shall be the fundamental principle of the Constitution and in view of Article 8(......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
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
.... and13.9.2004. In the meantime the accused petitioner filed an application under section 14(1) of the Pourashava Manual before the Additional District Magistrate to call for the records to secure the justice. The Additional District Magistrate directed the Upazila Nirbahi Officer to take legal actio......a stamp of Taka 10/- giving him the power as an arbitrator. Thereafter said arbitrator Mr. Maksud Miah on 15.3.2004 asked the complainant and the petitioner to appear before him with their papers and documents in his office. Since the complainant was engaged in the field and the accused petitioner w..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....question of limitation in a casual manner without properly discussing and considering the evidence on this point and the same has resulted in an error in the impugned decisions occasioning failure of justice. He further adds that the father (Afsaruddin) of the pre-emptee petitioner as well as pre-em......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
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....Chittagong was placed to request letter to the government withdraw the order of stay, but no response. 4. Under the compelling circumstances, the petitioners served the notice of demand for justice to the learned Advocate. But he response did not take to hear in respect of notice about ci......; 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)
....the post of Principal as Teacher as per notification dated 02-04-2003. The learned Advocate appearing for the petitioner has further submitted that the petitioner through his lawyer served a demand justice notice upon the respondents on 25.02.2007 for withdraw or rescind the memo dated 18.01.2007......n Charge. He has further submitted that Mr. Asraf Ali did not submit any resignation or any medical certificate and in support of those statements at the time of filing the instant Writ Petition no documents were submitted by the Petitioner before this Court. 12. Mr. Mohammad Shah Alam, ..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....ised by the Constitution for the exercise of the judicial power of the people on behalf of the people, the people will always remain the focal point of concern of the Supreme Court while disposing of justice or propounding any judicial theory or interpreting any provision of the Constitution. 24....... Ahmed, Mohammad Marzi-ul-Huq, Md. Shamsul Huda, Abdur Razzak and Hasan Foez Siddique. The learned Attorney General opposed the prayer for production of papers on the ground that they were privileged documents. The Special Bench nonetheless by its order dated 27.5.2003 directed the Secretary, Minist..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......s assigning cogent reasons. The High Court Division did not disturb the findings of the appellate Court below as there were no misreading or non-consideration of evidence or misconstruction of any document warranting interference. 6. In view of the above, we find no substance in the subm..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
....te Court, that while disposing the revision the case cannot be sent to trial Court to fill up lacuna of the plaintiff’s case, the observation above are wrong and against provision of law and justice which have occasioned has concerned a failure of justice; that the High Court Division fail......cord, appearing for the petitioner submitted that the High Court Division was wrong in not accepting the petitioner’s petition dated 09.07.2005 praying for marking as exhibit of some imported document of title VIZ certified copy of judgment and decree dated 29.05.1981 passed by the Sub-jud..Category: Property Law | Date: | Hits: 27
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