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Md. Jahangir Kabir Vs. Bangladesh, 2009, 38 CLC (AD)

....red and thus we do not find any illegality  in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ...... Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Md. Jahangir Kabir………………………..Petitioner Vs. Bangladesh, rep­resented by the Secretary, Ministry of Education, Primary and Mass E......, Ministry of Education, Primary and Mass Education Division, Bangladesh Secretariat, Dhaka and another.............Respondents Judgment April 15, 2009. Lawyers Involved: Muhammad Jamiruddin Sarkar, Senior Advocate, instructed by Md. Ferozur Rahman, Advocate-on-Record-F......red and thus we do not find any illegality  in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ..

Category: Administrative Law | Date: | Hits: 243

Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)

....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......Ruhul Amin J Md. Tafazzal Islam J Sufia Khatun……………………………………….Appellant Vs. Amin Hossain Mondal and others……..Respondents Judgment Janua......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ..

Category: Property Law | Date: | Hits: 35

Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)

.... the land of the Zaminders on cessation of the Zamindary system the rent receiving interest of the Mouza under which the case lands belonged was acquired by the Government under Section 3(1) of the State Acquisition and Tenancy Act, 1950 vide notification No.2773 L.R. dated 26.02.1952 and the sa...... J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Bhawal Raj Court of Wards Estate, represented by its Manager, Dhaka.................Petitioner (In all the cases) Vs. Rasheda Begum and others .........Respondents (In Civil Petition No.1447 of 2008). ......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ..

Category: Property Law | Date: | Hits: 67

State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)

....d in: VI ADC (2009) 807. ......t: Md. Ruhul Amin CJ MM Ruhul Amin J  Md. Abdul Matin J The State………………………..........Petitioner Vs. Muhammad Faridul Mollah…......Respondent Judgment March 19, 2008.&......d. Ruhul Amin CJ MM Ruhul Amin J  Md. Abdul Matin J The State………………………..........Petitioner Vs. Muhammad Faridul Mollah…......Respondent Judgment March 19, 2008.  ......Amin CJ MM Ruhul Amin J  Md. Abdul Matin J The State………………………..........Petitioner Vs. Muhammad Faridul Mollah…......Respondent Judgment March 19, 2008.  Lawyer..

Category: Criminal Law | Date: | Hits: 45

Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)

....and in that suit the plaintiff Ananda Chandra Dakua who attained majority in the Year 1957 was the defendant No. 2 and decree holders filed Miscellaneous Case No. 537 68-69 under Section 54 of the State Acquisition and Tenancy Act, 1950 before the Revenue department and opened the S. A. Khatian ......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ..

Category: Property Law | Date: | Hits: 27

Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)

.... parte judgment and order in Miscellaneous (Pre-emption) Case No.21 of 1998 on 06.09.1999 chal­lenging a deed of gift dated 04.01.1998 which was not maintainable under section 96(10) (a) of the State Acquisition and Tenancy Act, 1950. When the plaintiff-petitioner Nos.1-4 and pro forma respon......pellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J   Rayna Begum and others............Petitioners Vs. Md. Marufuddin Ahmed and others ..........Respondents Judgment   &...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ..

Category: Property Law | Date: | Hits: 33

Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)

....ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......rt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Wahab.............Petitioner Vs. Abdul Motaleb and others ...........Respondents Judgment    &......ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ..

Category: Property Law | Date: | Hits: 27

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......llip;……......Respondents. Judgment           January 8, 2008. Lawyers Involved:     Muhammad Nazrul Islam, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For t...... 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....... Union of India AIR 1987 SC 357 (Para 2);L. Chandra Kumar Vs. Union of India AIR 1997 (SC) 1125; Pakistan Vs. Sheikh Abdul Hamid, PLD 1961 (SC) 105=13 DLR (SC) 100; Province of West Pakistan Vs. Din Muhammad, PLD 1964 (SC) 21=16 DLR (SC) 58; Md. Naseem Ahmed Vs. Azra Feroze Bakth, PLD 1968 (SC) 97;......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......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. ......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

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: ......afazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The Commissioner of Customs and others…………………….... Petitioners. Vs. Faridul Alam……………………...... Respo......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: ......am J Md. Abdul Matin J Md. Abdul Aziz J The Commissioner of Customs and others…………………….... Petitioners. Vs. Faridul Alam……………………...... Respondent. ..

Category: Fiscal/Taxation Law | Date: | Hits: 62

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…………………………...... 615 U.P.V Dan Singh, (1997) 3 S.C.C.747 Sajjan Singh (1999) S.C.C.(Cri) 44; Nemai Mondal and others Vs. State of West Bengal AIR 1966 Call 194; Bhagat Ram Vs. State of Rajstan AIR 1972 (SC) 1502; Muhammad Shafi Vs. Crown, 6 DLR (WP) 104(FB); State V. Fazal, 39 DLR (AD)166; Md. Shamsuddin @ Lalu......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