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

....thin 45 days with interest at the rate of 12% per annum in Civil Appeal No. 244 of 2005 and to refund the earnest money and security money deposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and to pay the unpai......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

Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)

....atun, Advocate-on-Record- For the Respondent.          Civil Petition for Leave to Appeal No. 1031of 2009. (From the judgment and order dated 7.5.2009  passed by the High Court Division in  Writ Petition No. 2775 of  20......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)

....e instructed by A.K.M. Shahidul Huq, Advocate-on-Record. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 154  of 2009. (From the judgment and order dated 2.11.2008 passed by the High Court Division in Civil Revision No. 3989 of 2007). Judgm......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

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

....in Ahmed (Lancer), hereinafter referred to as Bazlul Huda, Farooque Rahman, Sultan Shahriar, Mohiuddin (Artillery) and Mohiuddin (Lancer), against the judgment and order of conviction and sentence dated 30.04.2001 passed by the High Court Division in Death Reference No.30 of 1998 along with Crim......lice officer of the Special Branch, were brutally murdered in the above house. The informant saw Faruque Rahman, Major Dalim, Major Nur and Bazlul Huda in the house of the President at the time of occurrence and also after the occurrence. The informant tried to lodge an information with the then..

Category: Criminal Law | Date: | Hits: 310

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

....on as made in Sunday Times, Ext. X, and also Electronic evidence Material Ext Nos. 32 and 12 are taken up for consideration. 199. P.W.58, exhibited the issue of the "Sunday Times" dated 38.05.1976, which was marked as Ext X with a note of objection by the defence, stating that ......pears P.W. 24 denied the almost similar suggestion made to him on behalf of Col. Mohiuddin (artillery). Further this witness deposed in Court on 19th October, 1997, after more than 22 years of the occurrence and at this belated stage there was no occasion for him to harbour any apprehension of b..

Category: Criminal Law | Date: | Hits: 274

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

....) Syed Faruque Rahman to float a political party in the country named "Freedom Party" and a National Daily named "The Millat" and also allowed to contest as a Presidential candidate in the general election, Major (Retd.) Bazlul Huda and Ltd. Col. (Retd.) Kh. Abdur Rashid were......nment in the night preceding the fateful event occurring in the House No.677, Road No.32, Dhanmondi, clearly constituted mutiny and it does not indicate any case of murder simplicitor. The place of occurrence includes the cantonment and the cantonment activities, briefings and exercises include ..

Category: Criminal Law | Date: | Hits: 229

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

.... and order which follows the opinions of the third Judge. This being so special leave petition could only have been filed after the appeal was disposed of by the High Court vide its final order dated 19.05.1998. Even though the said order purports to relate only to ten out of thirty-two accu......e said “all are finished”. P.W.1 saw Lt. Col. Farook Rahman, Major Dalim, Major Nur, Major Bazlul Huda in the residence of the then President at Road No.32, Dhanmondi at the time of the occurrence and thereafter. 532. From the aforesaid evidence of the witnesses it appears tha..

Category: Criminal Law | Date: | Hits: 208

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

....vidence. Privacy and secrecy are more characteristic of a conspiracy, than of a loud discussion in an elevated place open to public view. It is not always possible to give direct evidence about the date, place and time of the formation of the conspiracy, about the persons that took part in the f......as to through a cloud of suspicion on the seeds of the prosecution must depend upon a variety of factors which would vary from   case to case. Even a long delay in filing report of an occurrence can be condoned if the witnesses on whose evidence the prosecution relies have no motiv..

Category: Criminal Law | Date: | Hits: 228

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

.... produce the original compact disk or video-cassette or the programme published in the television channel. The producer of the programme must certify their authenticity in the contents stating the date and place of recording of the programme. The certificate must be signed by the producer of the...... Major A.K.M.Mohiuddin (lancer) argues that there is no reliable evidence  in support of the prosecution story that these appellants have been  recognized by P.W.s 1 and 4 at the place of occurrence and that the allegation that Major Huda  shot to death of Sheikh Kamal and Bangaban..

Category: Criminal Law | Date: | Hits: 291

Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)

....ented-Respondent Nos.2-4 (In Civil Appeal No.127 of 2001). Not represented-Respondent Nos.2-7 (In Civil Appeal No.128 of 2001). Civil Appeal Nos. 126-28 of 2001. (From the Judgment and Order dated April 9, 1997 passed by the High Court Division in Civil Revision No.7556 heard along with Civ......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)

.... engine and other related fittings, 30% after engine installation and laun­ching, 10% after trial operation and delivery. 6. The Coasters were to be delivered within 6-8 months from the date of disbursement of the aforesaid first instalment. In case of failure to deliver the coasters ......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)

.... Advocate-on-Record- For the Respondent (In Criminal Petition No.336 of 2008). Criminal Petition for Leave to Appeal Nos. 335-336 of 2008 and 125 of 2009. (From the judgment and order dated 30.01.2008 passed by the High Court Division in Death Reference No.58 of 2003 heard with Cri...... Division found that his evidence as to conspiracy is vague and suffers from inherent defect and infirmity. Such conspiracy as said was made firstly in the year 1995 and then in the year 1998. The occurrence took place on 20.08.2000, long after said conspiracy. The High Court Division rightly fo..

Category: Criminal Law | Date: | Hits: 63

Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)

....e Upazila Nirbahi Officer on 09.8.2004 which was sent to the Pourashava Chairman of Moyeshkhali to settle the dispute. The Chairman of Moyeshkhali pourashava issued notice upon the parties fixing the date on 21.8.2004, 26.8.2004, 04.9.2004 and13.9.2004. In the meantime the accused petitioner filed 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

Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)

....etitioner. Humayun Kabir Sikder, Advocate-Opposite party No.1.   Civil Revision No. 3412 of 2005. Judgment Sheikh Abdul Awal J.- This Rule is directed against the judgment and order dated 23.06.2005 passed by the Joint District Judge, 2nd Court, Narail in Miscellaneous Appeal No. 3......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ..

Category: Property Law | Date: | Hits: 37

Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)

....;            Md. Nuruzzaman J.- This Rule Nisi was issued calling the respondents to show cause as to why the long and unreasonable stay order dated 28.10.2004 as in Annexure–C to the writ petition against the petitioners appointment sh......;                   Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 132

S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)

....dy with a medical certificate. Thereafter the Governing body of the said college had taken a decision on 21.03.2006 to published a advertisement in a daily news paper inviting application from candidates to appoint a new Principal of the said College. Principal in charge of the college was direc......                     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)

.... Senior Advocate- For Respondent No.1. Civil Petition for Leave to Appeal Nos. 2221 & 2222 of 2008 With Civil Petition for Leave to Appeal Nos. 2046 & 2056 of 2008 (From the order dated 17.07.2008 passed by the High Court Division in Writ Petition No.1543 of 2003 heard analogousl......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)

....slam Bhuiyan, Advocate-on-Record- For Respondent No.2.   Not represented- Respondent No.1. Civil Petition For Leave To Appeal No. 29 Of 2007. (From the judgment and order dated the 24th day of July, 2006 passed by the High Court Division in First Appeal No.562 of 2000)....... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 110

Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)

....ab Hossain, Advocate-on-Record- For Respondent Nos.11 & 12. Not represented- Respondent Nos.1-10. Civil Petition For Leave To Appeal No.153 of 2007 (From the judgment and order dated the 29th January, 2007 passed by the High Court Division in Writ Petition No.8488 of 2005). ......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)

....Md. Nawab Ali, Advocate-on-Record-For the Petitioner.   Not represented- the Respondents. Civil Petition For Leave To Appeal No. 94 of 2007. (From the judgment and order dated the 6th day of November, 2006 passed by the High Court Division in Civil Revision No. 2350 of...... 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