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S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....Dhaka allowed the said application for amendment of the plaint. The petitioners then moved the High Court Division in revision against the above order and the High Court Division, after hearing the parties, discharged the Rule. The defendant-petitioner then moved this Division by filing civil pe......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)
....he warehouse authority as well as the respondent and on examination the goods, which were declared by the respondent as heavy melting steel scraps, were found to be old and used automotive vehicle parts, i.e. tie rod end, leaf springs, wheel drum, drum, brake drum, oil tank, etc and those, being......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
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....d transfer the suit land along with the building to him and petitioner No.1 having failed to repay the loan he sent notices on 20.7.2004 and 29.7.2004 requesting the petitioner No.1 to perform his part of the agreement but in vain and thereafter on 19.8.2004 at his instruction a legal notice was......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)
....he suit on the finding that the settlement of the suit land in favour of Nurjahan Begum by patta dated 11.1.1952 is not hit by section 107 of the Transfer of Property Act and that the suit land is part of plot No. 533. 2. As it appears this Division dismissed the above civil petition hold......e finding was not reversed by the lower appellate Court and in view of the above and further since the defendant petitioner did not claim any land from the land of plot No.533 the prayer for local investigation for the second time had no basis and accordingly the trial Court was justified in dec..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....d the Death Reference so far it related to four of the present appellants and 4 others with a modification of the mode of execution of sentence of death and thereby accepted the Death Reference in part and dismissed the conviction and sentence so far it related to 5 accuseds including appellant ......FIR until now. At long last, 2.10.1996, be lodged the FIR with the Dhanmondi Police Station in respect of the occurrence which happened on 15th August, 1975. 3. The police then took up the investigation, visited the place of occurrence, prepared sketch map with index thereof, seized alam..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... his direction, they boarded in four trucks and noticed that two other trucks with jawans were also present there and subsequently he came to know that they were jawans of artillery unit, who would participate with them and thereafter they jointly marched and reached at the meeting point of road ...... 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
....nsibilities of prosecuting them resulting colossal and catastrophic failure of dispensation of justice and law and order. Mr. Hossain contended that the Constitution was eclipsed by the acts of the parties, although Martial Law is no law but a Jungle law our Supreme Court termed the Martial Law ......rmant, PW1, who was present at the residence of the then President at the time of the incident lodged a First Information Report (FIR) on 02.10.1996. The Investigating Officer (IO), after thorough investigation, submitted a charge sheet against 20 (twenty) accused persons including the present a..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....he manner he thinks proper.” Citing the case of Babu–Vs- State of UP reported in AIR 1966 SC 1467 it has been held that where the third Judge did not consider it necessary to decide a particular point on which there had been difference of opinion between the two Judges, but simpl......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
.... 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 course, rather by promul...... ever incriminating evidence that have been collected against the appellants and other accused persons regarding their complicity in the occurrence are by the investigating agency in course of the investigation of the case. 629. There is another factor which should not be ignored in cons..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....can be relied upon and a conviction can be founded thereon. In the case in hand I find that P.W.s. 8 and 15 are neutral witnesses and they have proved the admissions of four appellants about their participation in the carnage. The defence failed to bring anything by cross examining them to indic...... as analysis of fingerprints, voice, handwriting, blood samples, DNA and other bodily substances for evidence gathering. Software is also used for reconstructing the images of suspects and aiding investigation. As newer technologies are introduced to assist investigation agencies, it is import..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....n of title in respect of 30 decimals of land of R.S. Plot No.792 listed in R.S. Khatian No.1700 described in schedule 'Ka' to the plaint and recovery of khas possession of different quantity of land (part of the land described in schedule 'Ka' to the plaint) described in the schedule 'Kha' attached ......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
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....84, for realisation of its dues amounting to Taka 68.46 lakh including compensation. In that proceeding Tapashee Shipping Lines Ltd., to which the disputed loan was granted, was made opposite party No.1 and its directors were made opposite parties No. 2-5. Dira Dockyard and Engine......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. ..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....ccused Kachi trampled the chest of the deceased. Accused Kala Jahangir shot with pistol touching above his left ear causing a perforated bullet injury. Other accused persons making blank shots if departed of whom Arshad recognized Kala Jahangir, Malek, Rahman, Sentu, Chakma Opu, Pichchi Hannan, ...... places and then he was buried. On the same day at 11.25 P.M. Abdul Hye Bhuiya, a political associate of the deceased lodged First Information Report with Sutrapur Police Station. The police after investigation of the case submitted final report against which the informant filed a naraji petitio..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....e within the meaning of section 29(1) (XXVII) of the said Ordinance; that the expenditure incurred in the form of 'Zakat' by the applicant has a direct nexus to its carrying on the business as part of its commercial expediency generating income/profit/revenue, and, as such,, the said e......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)
....yed Mahbubur Rahman, Advocate-on-Record—For Respondent Nos. 1 & 2. M.A. Samad, Senior Advocate, instructed by Nund Islam Bhuiyan, Advocate-on-Record—For Respondent Nos.3 ক): (addition of party) Not represented —Respondent No.4. Criminal Appeal No. 22 of 2001. (From the judgme......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
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....Australia) Pvt. Limited, (1958) 100 CLR 597, Adgbenro Vs. Akintola, (1963) AC 614, Attorney General Vs. Jonathan Cape Limited (Crossman Diaries case) (1976) QB 752, R V. Secretary of State for Home Department, Ex p. Hosenball, (1977) 1 WLR 766; Re-amendment of the Constitution of Canada (1981) 123 D......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
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.....1987 the Court did not accept the auction of the said property at TK.33,5000.00 and the next date was fixed on 04.07.1987 for auction and on that day the defendant, Abdur Shahid and one Altafuddin participated in auction on behalf of decree holder Zulkader Khan and Abdur Shahid became the highes...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
.... Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 1975 SC page 1429; Abdul Mannan Bhuiyan V. State, 60 DLR (AD) 49; R V. Sussex Justices, 1924; Secretary of State for the Home Department (Respondent) V. AF (Appellant) (2009) UKHL 28, Ex parte Milligon 71 US (4 wall) 2, 18 L. Ed...... so far a total number of 1721 persons have been arrested from different Sectors, Battalions and Institutions outside Dhaka. At the present about 3,500 suspected BDR mutineers are in custody awaiting investigation and trial and out of the said 3500 accused persons 26 are departmentally promoted BDR ..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....after, accused Bahar, Marzu, Zakir, Ibrahim, Siraj and 7/8 others came and took their position outside the meeting room. They opened the lock and upon entering the room searched the bodies of all the participants of the meeting and then took them all out of the room, apart from deceased A. H. M. Moh......g in motion Laxmipur P.S. Case No. 8 dated 06.09.2000. 3. S. I. Ahamedur Rahman was endorsed with the responsibility to investigate the Case, which he did from 06.09.2000 till 26.02.2001, when the investigation was taken over by his successor S. I. Md. Nurul Islam (P.W.14) who, thereafter, findin..Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....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. ...... police at Sujabadchak Mouja and disinterred the dead body on 14.08.1998. Thereafter, the appellant Raju made a confessional statement on 19.08.1998. Police submitted charge-sheet against them after investigation. 7. The case record ultimately came to the file of the trial Court (Additional..Category: Criminal Law | Date: | Hits: 53
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