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Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

....rrect decision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......petitioner vide Memo No. 706 dated 10.6.1990 accepted the respondent No. 9 as the sole Mutawalli and then the respon­dent No. 9 being too old and suffering from various physical problems, executed a General Power of Attorney dated 7.5.2002 appointing the respondent No.10 as his attorney for dischar......rrect decision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930...

Category: Trust/Waqf Law | Date: | Hits: 518

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....toms Act of 1924 were repealed. In the Land and Sea Customs Act Notification No. 67-C dated 24th December, 1954 was promulgated empowering the officer of Police Department not below the rank of Sub-Inspector of the Tharparkar, Nawabshah, Sukkur and Sanghar Districts, Officers of the Police Depart...... Lawyers Involved: Mainul Hosein, Advocate (Md. Joynal Abedin, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record— For the appellant. Moksudur Rahman, Deputy Attorney-General, instructed by Shahabuddin Ahmed, M. R. Khan, and A. W. Mian, Advocate-on-Record — For the......y to a Customs Officer who is kingpin of the entire enactment.................(22) The Customs Act, 1969 (IV of 1969), Section 6 Customs officer's authority under the Customs Act and that the Police Officer under the Code of Criminal Procedure are different. The Police officer has not been g..

Category: Fiscal/Taxation Law | Date: | Hits: 129

Arif Hossain @ Shuvro Vs. State, 2009, 38 CLC (AD)

....bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ......bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ...... Islam alias Rafiqur Rahman Titu for which they could not show any license. The informant ceased the recovered illegal arms and ammuni­tion, prepared a seized list and lodged F.I.R. with Kafrul Police Station, D.M.P, Dhaka. 3. Police after investigation submitted charge sheet against ..

Category: Criminal Law | Date: | Hits: 120

Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)

....gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......wed the suit of P.w.5. P.w.7 also stated the same P.W.8 is the police personnels who was member of patrol party. P.W.9 S.I. Md. Abdul Kalam on the alleged date was duty officer at the Chandgoan Police Station. He recorded the F.I.R which has been marked Ext.3 and his signature Ext.3/1. P.W. ..

Category: Criminal Law | Date: | Hits: 155

S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)

....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......ng and checking sheet and submitted for decision of the authori­ty. The petitioner found the above major discrepancies in the checking and offering sheet and documents were placed to the Deputy General Manager for his decision. At that time the Managing Director of M/S. Lokpur Fish Processing......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ..

Category: Administrative Law | Date: | Hits: 423

K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)

....in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......njoyed was 4,39,31,000/- and the suit has been filed claiming Tk.44,12,56,166/- with further interest @ 14.5% effective from 01.07.2002. The learned Advocate submitted that as per Section-5 of the General Clauses Act any Act or law, in which the date of com­mencement is not specifically ment......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ..

Category: Civil Law | Date: | Hits: 140

Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)

....shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Hatirdia Rajiuddin College represent­ed by the Secretary, Hatirdia Rajiuddin College, Managing Committee, Police Station-Monohardi, District-Narsingdi ..........Petitioner Vs. Abdul Barik an..

Category: Property Law | Date: | Hits: 32

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. ......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

Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)

....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......nior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants (In Civil Appeal No.139 of 2006).       M. K. Rahman, Additional Attorney General instructed by B. Hossain, Advocate-on-Record-For the Appellants (In Civil Appeal No.140 of ......of his aforesaid business offices and for the aforesaid purposes he was carrying Tk.20 lacs in cash. In course of his journey when the writ petitioner reached a point at about 8 P.M. near Madhabpur Police Station under Habiganj District, he was advised by an Army Officer, who was on duty at the ..

Category: Criminal Law | Date: | Hits: 64

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

....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. ......have considered the submissions made by the learned Advocate appearing for the leave petitioner and also the learned Advocates of the respondents, who filed caveat. The learned Additional Attorney General appeared for the Government. The learned Advocate for the leave petitioner submitted that a......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)

....pon   correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ...............Petitioner Vs. Muhammad Faridul Mollah…......Respondent Judgment March 19, 2008.  Lawyers Involved: Md. Ali Akanda, Deputy Attorney General, instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. No......l Appeal No. 545 of 2003 allow­ing the appeals. 2. Prosecution case, in brief, is that Havilder Md. Abul Hassan of No.1, Rifle Battalion, D. Company, Satkira lodged F.I.R. with Kaliganj Police Station alleging, inter alia, that while he and other members of his party were on petrol du..

Category: Criminal Law | Date: | Hits: 45

Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)

.... to remove the petitioner from service and then the respondent No.1 removed the petitioner from service. As against that the petitioner preferred departmental appeal on 26.5.1982 before the Deputy Inspector General of Police, Khulna Range, the respondent No.2, but the appellate author­ity di...... the petitioner from service and then the respondent No.1 removed the petitioner from service. As against that the petitioner preferred departmental appeal on 26.5.1982 before the Deputy Inspector General of Police, Khulna Range, the respondent No.2, but the appellate author­ity did not comm......MM Ruhul Amin J   Md. Tafazzul Islam J Md. Abdul Matin J   Md. Anwar Hossain……….........Petitioner Vs. Superintendent of Police, Khulna and others.........Respondents Judgment      &n..

Category: Administrative Law | Date: | Hits: 162

Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ......­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ......­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

....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. ......D 1969 SC 407; Shoib v. Bangladesh 27 DLR 315; Shahbaz v. Crown PLD 1956 FC 46; Alembic Chemical Works Co. v. The Workmen AIR 1961 SC 647. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General, instructed by. Md. Ahsanullah Patwary, Advocate-on-Record-For the Appellants (In Civil Appe......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

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 ......uddin Iqbal 33 DLR (AD) 154. Lawyers Involved: Korban Ali, Advocate, instructed by Azra Ali, Advocate-on-Record - For the Appellant (In both the Appeals) K. S. Nabi, Attorney General (Bhuiyan, Additional Attorney General, Shahabuddin Ahmed, M. Farooq, Deputy Attorney Genera...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..

Category: Constitutional Law | Date: | Hits: 167

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

....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. ......Vs. Kurien E Kalathil and others AIR 1976 SC 1216; Kulchhinder Singh and others Vs. Iardayal Singh Brar and others; Verigamto Naveen Vs. Govt of AP and others (2001) 8 SCC 344; Controller and Auditor General of India Vs. KS Jagannath and another AIR 1987 SC 537; Managing Director, WASA Vs. Ali and o......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)

....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. ......l Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Not represente......y of the order of President’s Secretariat granting sanction has not been filed in the case, although the investigating officer in the charge-sheet mentioned about the order of the Superintendent of Police, Tangail of his Memo No. 123 dated 16.2.91. The learned Deputy Attorney General has placed th..

Category: Criminal Law | Date: | Hits: 63

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: ......ridul Alam……………………...... Respondent. Judgment May 16, 2009. Lawyers Involved: Mrs. Nahid Mahtab Deputy Attorney General instructed by Mr. Md. Zahirul Islam , Advocate-on-Record- For the Petitioners.  &......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. ...... Subbaiah and another, AIR 1961 SC S.124;, State of Andhra Pradesh V. Cheemalapati Ganeswara Rao and another, AIR 1963 S.C.1850; Nurul Hoque Kazi V.State 7 BLC (AD) 52; Pratt and another V.Attorney General for Jamaica and another (1993) 4 All E.R. 768; Henfield V. Attorney General of Commonwealt...... Sheikh Kamal, son of Sheikh Mujib, and upon hearing this Bazlul Huda again brush fired at Sheikh Kamal and he died; the bullets also wounded the informant and also the P.W.50, the DSP in charge of Police House Guard; while P.W.50 and he were trying to escape Major Bazlul Huda got hold of him by ..

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. ......he officers involved in the killing of 15th August and 3rd November, were staying in Bangkok, the so called “sepahi biplob” (armed revolution) occurred on 7th November, 1975, and Major General Ziaur Rahman became the exclusive powerful leader and that after taking over power, he repa......4.30 /5-00 A.M., the telephone mechanic Abdul Motin woke him up stating that the President wanted to talk him over telephone and after he took the receiver the President directed him to connect the Police Control Room stating that the miscreants attacked the house of Seniabat, the brother in law..

Category: Criminal Law | Date: | Hits: 274