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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 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 coming back to Bangladesh joined bo..Category: Constitutional Law | Date: | Hits: 167
Category: Civil Law | Date: | Hits: 212
Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....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. ...... President on his way to upstairs enquired about the firing from the army and police sentries present nearby; in the meantime, Sheikh Kamal came down; at that time 3/4 Khaki and black dressed army personnel entered the house and appellant Bazlul Huda shot at Sheikh Kamal who then fell down and t..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... 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. ......sorderly, 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 noticed some persons in white dress present in the office of Mohiuddin (Lancer) and he guessed them as officers ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... 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.’’ ......ears old youngest son Sheikh Russel, wives of Sheikh Kamal and Sheikh Jamal and Sheikh Naser Rahman, the brother of the President along with other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....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. ......dge convicted all, and secondly, when there is difference of opinion either on evidence or points of law leading to conviction 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..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....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. ......nce can be condoned if the witnesses on whose evidence the prosecution relies have no motive for implicating the accused.” 628. The informant has implicated only 14 accused persons in the F.I.R, of them, he made specific allegation of overt act against the appellant Major..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... 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. ......lass asunder. They have lain down beside the table. There was a break of firing when Sheikh Kamal got down and stood on the verandah. The security staff accompanied him and at that time 3 / 4 army personnel in khaki and black dress with arms in their hands stood in front of them, the appellant M..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....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. ......January 15, 1963 and handed over possession of the land so gifted to the plaintiff and since then the plaintiff possessed the same by constructing 'kacha' huts and let out the same to different persons on monthly rent basis, that during war of liberation 'kacha' huts were burned by the Pakista..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. ......atation charge, no irrevocable general power of attorney, no letter of guarantee and no demand promissory note to either the Sangstha or Tapashee as security for the loan Taka 70 lakh, they have no personal or contractual liability of the Dockyard (Company), the High Court Division observed:..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....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. ...... distance of his residence, someone called him as Habib Bhai from the back. At this at the indication of the deceased, Arshad made 'the speed of the motorcycle slow. At that time one of the accused persons shot the deceased. The bullet penetrated into the 3 back of his head and exited through hi..Category: Criminal Law | Date: | Hits: 63
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. ......ed on behalf of the petitioner in the Petitions for Leave to Appeal that "the High Court Division acted illegally by drawing non-existent distinctions between natural and juridical person in relation to payment of 'Zakat' although no such distinction existed in the Income Ta..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....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.......7 stayed all further proceeding of the Non FIR Case No.793 of 1997 and then by order dated 8-12-1997 directed the respondent No.2 to return the possession of Holding No. 58/1-A, Purana Paltan, to the person from whom the same was taken over and the High Court Division quashed the proceeding of the s..Category: Criminal Law | Date: | Hits: 62
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....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. ......nd further stated that there were no dues in connection of their business lying with him. In this circumstances, the complainant- opposite party made a complain to one Mr. Maksud Miah, an influential person of the locality to solve the problem who (Mr. Maksud Miah) to settle the dispute called both ..Category: Criminal Law | Date: | Hits: 93
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ......ure of the College, he has submitted that in the absence of the Principal, Vice Principal of the College will be given the charge of the Principal. But by the interference of the local influential persons and interested quarter in an educational institute like a decree college Assistant Professo..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....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. ...... the learned Judges of the High Court Division that the Chief Justice should consult with a collegium of Judges, there is also no bar for the Chief Justice to discuss with his colleagues who are best persons to adjudge the legal acumen of the persons for appointment as Judges and in fact the Chief J..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....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: ......he following two questions raised in the backdrop of the facts stated in the Letter of Reference. (A) Whether the provisions of the Army Act, 1952 (Act XXIX of 1952) can be applied against the BDR personnel involved in the incident aforesaid? (B) In the event, the answer to the aforesaid quest..Category: Constitutional Law | Date: | Hits: 289
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......dant that the plaintiffs are the heirs of the recorded tenant nor has any interest or possession in the suit land. It was the positive assertion of the defendant that the plaintiffs are fictitious persons. The positive case of the defendant are that Abdul Halim died leaving behind no issue ..Category: Civil Law | Date: | Hits: 94
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......intiff did not accept the rent. Thereafter, the defendant started depositing rent to the rent control regularly. The plaintiff has got other six shops which have been also let out to different person and the suit is liable to be dismissed. 4. Trial Court after hearing the case and ex..Category: Property Law | Date: | Hits: 57