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Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)

.... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......esent: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Suman Mia being dead his heirs; Zabeda Khatoon and others…...Plaintiff-Petitioners Vs. Falani Begum and others………......Respondents. Judgment &n...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ..

Category: Property Law | Date: | Hits: 38

Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)

....acts, in brief, are that the petitioners and others filed Miscellaneous Case No.5 of 1996 in the Court of Assistant Judge, Daulatkhan, Bhola on 5.3.1996 seeking pre-emption under section 96 of the State Acquisition and Tenancy Act 1950 on the averments that pre-emptee respondents Nos. 6 and 7 by......sp;       Md. Tafazzul Islam J Md. Joynul Abedin J Abdur Rashid and others……………….......Petitioners Vs. Md. Kamal Uddin Master 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) 772. ......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) 772. ..

Category: Property Law | Date: | Hits: 23

Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)

....res from S.A. Khatian Nos.377, 378, 288 and 300 and by purchase from the defendant No.1, Abdul Kader Khan being their heir of recorded tenant Golam Habib by exhib­it-1 to the extent of 34 acres from State Acquisition Khatian Nos. 9 and 282. 3. The defendant Nos. 1, 6-11 contested the suit by fil......DC (2011) 350. ......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ..

Category: Property Law | Date: | Hits: 31

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

....ate of his regular appointment on being recommended by the PSC and the period of service as an ad-hoc appointee would not be counted for seniority. When Bangladesh came into being as an inde­pendent State, in its early days a large number of ad-hoc appointments were made and examination/interview b......ernment of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) Abdul Muktadir and oth­ers......................Appellants (In Civil Appeal Nos. 71-72 of 2002) Vs. Md. Abdul Halim Miah and (3) others.....Respondents (In Civil Appeal No. 69 of 2002) Judg......tions, inter alia, that the writ petitioner Nos. 1 and 2 and writ petitioner Nos. 3-10 of Writ Petition No. 62 of 2000 were appointed on 30.9.76 and on 17.12.76 respective and the writ petitioner Md. Abdus Salam of Writ Petition No. 5362 of 2000 was appointed on 17.12.76 as the Assistant Engineer (C......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

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

....uddin Ahmed Vs. Government of Bangladesh and orders 47 DLR 515; Bangladesh Power Development Board and others Vs. Md. Asaduzzaman Sikder 9 BLC (2000) (AD) 1; M/S. Bisra Stone Lime Co. Ltd. Vs. Orissa State Electricity Board and another AIR 1976 SC 127; Kerala State Electricity Board Vs. Kurien E Kal......ivil Appeal Nos. 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 M......ion No. 3570 of 2003 the letter bearing memo No. 5-532/1006 dated 19.03.2003 issued by the respondent No.1 (Annexure-D to the Writ Petition) relating to allowing the non-responsive tender bid of M/S. Abdus Samad and Janmabhumi Nirmata (JV) and Tel-Mi (JV) to be con­sidered as responsive tender bid ......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)

....ly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......also Reported in:I ADC 545. ......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. ......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

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

....d so she had to file Title Suit No.35 of 1965 for correction of record of right and thereby got the record corrected” without at all adverting to the fact that section 143A of the East Bengal State Acquisition and Tenancy Act 1950, under which the said suit is stated to have been institute...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J S.K. Khalilur Rahman and others…………..... Petitioners. Vs. Mrs. Meherun Nesa……………………&h......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: ......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

Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)

....ns and so 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:  ...... (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam and others ........ Petitioners. Vs. Md. Abdur Rouf....... Respondent. Judgment March 9, 2009. Lawyers......d. Abdul Aziz J Md. Nazrul Islam and others ........ Petitioners. Vs. Md. Abdur Rouf....... Respondent. Judgment March 9, 2009. Lawyers Involved: Abdus Salam Khan, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record. Not......ns and so 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: Property Law | Date: | Hits: 28

Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)

....esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Lakshmi Rani Roy being dead her heirs Naru Gopal Roy..................Petitioner. Vs. Md. Abdur Rahman being dead his heirs Sayeda Begum and others ....  Respondents. ...............Petitioner. Vs. Md. Abdur Rahman being dead his heirs Sayeda Begum and others ....  Respondents. Judgment February 5, 2009. Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Mr. Bivash Chandra Biswas, Advocate-on-Record- For......esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 35

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

.... Criminal Appeal No. 58 of 2007) Major (Retd). A.K.M. Mohiuddin Ahmed……..... Appellant (In Criminal Appeal No. 59 of 2007 and Jail Appeal No. 02 of 2007) Vs. The State……………………………&hellip......;.Appellant (In Criminal Appeal No. 58 of 2007) Major (Retd). A.K.M. Mohiuddin Ahmed……..... Appellant (In Criminal Appeal No. 59 of 2007 and Jail Appeal No. 02 of 2007) Vs. The State…………………………......; Tukaram Gonapat V. State of Maharashtra AIR 1974 SC 514; Ramaswami V. State of T.N. AIR 1976 Sc. 2027; Abdur Rahman Mandol Vs. The State, 29 DLR (SC) 247; Bangladesh Vs. Abed Ali 36 DLR(AD) 234; Abdus Samad @ A.K.M. Abdus Samad Vs. The State 44 DLR (AD) 233; State Vs. Tajul Islam and others 48......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

....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......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. ......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 ...... 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. ...... 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.à¦...... 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

Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)

....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. ...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Golam Rabbani…………………………….Petitioner Vs. Chairman, Court of Settlement and others……………..Respondent Judgment December 4...... filed Case No. 341 of 1947 in the Court of Settlement for release of the property from the list. Mobina Khatun daughter of 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 ......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

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