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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. ......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......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
....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...... 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)
....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 ......round of the said fact the appellate Court as well as the High Court Division held that there was no basis for the preparation of Ext. D i.e. B.S. khatian in the name of one of the defendants and the payment of rent by the Exts. B-B(2) can not be made basis, since B.S. khatian and the rent receipts ......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......nsor-purchaser, Tapashee, through a crossed cheque on a schedule bank. The Dockyard shall never increase the price of the Coasters from the quoted amount in any case. 5. The schedule of payment to be made both by the Sangstha and Tapashee to the Dockyard was to be the following:...... renumbered as Misc. Case No.13 of 1984, 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..Category: Business or Commercial Law | Date: | Hits: 311
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. ......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. ......001 dismissing the same with cost of Tk.10,000/-. 2. Short facts are that the property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon taking loan from the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 ..Category: Property Law | Date: | Hits: 32
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......person in relation to payment of 'Zakat' although no such distinction existed in the Income Tax Ordinance, 1984 or any other law and when, in fact, the only consideration for exemption of payment of income tax under section 29(1)(xxvii) of the said Ordinance was ......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.......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
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....High Court Division (Criminal) Present: Sheikh Rezowan Ali J Md. Rais Uddin J Monirul Islam……………………. Petitioner Vs The State and another ….…………Opposite parties Judgment July 10, 2009. Cases Referred To- Dr. S. Ashraf Ali Vs Md. Ahsan Habib ......minal breach of trust. Mr. Zahirul Islam submits that admittedly this is business transaction and if there is any dispute which is purely allegation of civil nature. He further submits that there was payment which was received by the complainant. Therefore, he submits that the proceeding initiated a......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. ..Category: Criminal Law | Date: | Hits: 93
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... “That internal exercises of the government not communicated to the concerned Person are not enforceable.” 16. We have heard the learned Advocates of both the parties at length and perused the writ petition, supplementary affidavit, affidavit in opposition a.......04.2003. It appears from the notification dated 02.04.03 circulated by Ministry of Education for appointment Teacher for non-government educational institute for the purpose of granting of monthly payment order not for the appointment of Principal of a non-government degree college. 26. I...... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 121
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......fice without specific disciplinary proceedings conducted before the Council, with due process. The Ministry of Justice has responsibility for the administration of the judicial system, such as the payments of salaries or the construction of new court buildings. It also funds and administers the p......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
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....nt was reduced to TK.18,664.00. The defendant also deposited TK.1,20,000.00 as security money to the plaintiff to be adjusted against the rent as per terms of the contract. The dispute between the parties could be solved through arbitration, but the plaintiff without following the said terms of ......ad Ali, learned Counsel, appearing for the petitioner submitted that the High Court Division committed an error in holding that the suit is not barred by limitation in view of continuous default in payment of rent and the principle set out in Section 23 of Limitation Act and that fresh period of ......nstituted the false suit which is liable to be dismissed as also time barred. On the other hand the added defendant No.2 Islami Bank also contested the suit contending that the defendant No.1 took loan from the defendant No.2 and as per terms of the contract the defendant No.1 failed to repay th..Category: Civil Law | Date: | Hits: 110
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
...., learned counsel, appearing for the petitioners submits that the High Court Division most illegally directed to evict the occupiers without taking into consideration that the petitioners were not parties to the said writ petition and hence do not fall within the purview of the said judgment and......hment of Jute Mills, the petitioner’s company got allotment of lease of 60 acres of land on 29.04.1963 from the Government and as per terms and conditions as agreed upon and on receipt of the payment of the entire consideration amount the Government executed and registered the formal lease......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 25
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: ...... 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......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: ......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: ..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......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...Category: Criminal Law | Date: | Hits: 60
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
.... with the Mohammadpur police Station; the respondent No.1 filed another supplementary affidavit stating that the affidavit sworn by Sakander Hay at, the then Executive Engineer, Public Works Department, and Md. Golam Murtoza Assistant Engineer, Public Works Department another Alauddin Ahmed,......ommittee, Ministry of Works, in terms of the decision taken in the year 1993, subsequently, in the year 1999 allotted 12 rehabilitation plots to them as affected persons for a period of 99 years on payment of considerations and on 10.10.2000 the possession of the respective plots were handed......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....ce regarding the internal management of the respondent company is firmly established and it is indispensable for the smooth running of the day to day management of the respondent company and any departure from this established practice would gravely prejudice the interests of the respondent comp......p; through, M/S. Joynab Printing and Packages for TK.10,00,000.00, M/S. Mamun Leather Complex for TK.13,65,000.00 and M/S. Great Sign and Ad. For TK. 54, 20,000.00. The Company is required to make payment for the bills of contractors for earth filling in the housing project 'Modhumoti Model Town......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ..Category: Business or Commercial Law | Date: | Hits: 199
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
....it of arrear rents. Time is fixed for deposit of one months rent only and House Rent Controller must receive the rent to its full extent that is one month rent to its full extent. If any body makes part payment he is defaulter. Here is this case Tenant-petitioner / appellants deposited the rent o...... arrear rents. Time is fixed for deposit of one months rent only and House Rent Controller must receive the rent to its full extent that is one month rent to its full extent. If any body makes part payment he is defaulter. Here is this case Tenant-petitioner / appellants deposited the rent of the...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ..Category: Tenancy Law | Date: | Hits: 145
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....nd decree, the defendant-petitioners preferred Civil Revision No.2727 of 2003 before the High Court Division and obtained Rule. The learned Single Judge of the High Court Division upon hearing the parties discharged the Rule vide judgment and order dated 27.04.2008. Hence this leave petition by......o enhance the rent, the plaintiff has option to take resort for enhance of rent under Section 15 of the Rent Control Act, 1991 and as such the decree passed by the trial Court on the ground of non payment of standard rent as affirmed by the revisional Court is not sustainable. He also submits th......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. ..Category: Property Law | Date: | Hits: 57
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