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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. ......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. ......e same, whether arising during the progress of the work or after the com­pletion or abandonment thereof shall be referred to the arbitration of an arbitrator not below the rank of the Superintending Officer designated in the Contract or a panel of arbitrators composed of one officer above the rank ..

Category: Civil Law | Date: | Hits: 212

State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)

.... counts, in default, to suffer rigorous imprisonment for a period of one month and both the sentences were to be run concurrently. 2. The prosecution case, in brief, is that informant, Abdur Rouf, Assistant Commissioner (Land) Mirzapur, Tangail on surprise visits on different occasions found the ......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. ......t case sanction was obtained from the Government but through inadvertence the copy of the order of the President’s Secretariat granting sanction was not filed in the case although the Investigating Officer in the charge-sheet mentioned about the order of the Superintendent of Police, Tangail of hi..

Category: Criminal Law | Date: | Hits: 63

A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)

....tioners filed the above review petitions on the averments that Abdul Kheleq, the predecessor of the respondents, instituted Title Suit Nos.57, 58, 59, 60, 61, 62 and 63 of 1989 in the 4th Court of Assistant Judge, Dhaka praying for eviction of the petitioners from the suit premises on the averme......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 48

Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)

.... a sum of Tk.8,00,000.00 including a solatium of Tk.4,50,000.00 within 3(three) months from the date of judgment. 2. The respondent No.1 filed Other Suit No.44 of 2005 in the Court of Senior Assistant Judge, Sadar, Thakergaon, for specific performance of contract on the averments that the ......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:  ......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)

.... decree dated 7.9.1979 of the learned Additional District Judge, Jessore passed in Title Appeal No.134 of 1977 allowing the appeal upon setting aside those dated 25.4.1977 of the learned Munsif now Assistant Judge, Jhenidah passed in Title Suit No. 130 of 1972 decreeing the suit on the finding t......esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 35

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

....ahbubey Alam, Attorney General, A.K.M. Zahirul Hoque, Additional Attorney General A.S.M. Abdul Mobin, Deputy Attorney General, Md. Motaher Hossain Sazu, Deputy Attorney General, Ms. Mahfuza Begum, Assistant Attorney General, Sarder Md. Rashed Jahangir, Assistant Attorney General, Md. Ekramul Hoq......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. ......f Police House Guard; while P.W.50 and he were trying to escape Major Bazlul Huda got hold of him by grabbing his hairs and then they were put in line in front of the main gate; one Special Branch Officer who was standing on the line with them was shot down; thereafter some of the assailants wen..

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. ...... 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. ...... for installation of cannon and firing of cannon-ball remain uncontroverted. 168. P.W.18 stated that he was a gunner of the Artillery Unit of which Khondker Abdur Rashid was the Commanding Officer and Mohiuddin (Artillery),was the battery Commander and he attended the night parade and th..

Category: Criminal Law | Date: | Hits: 274

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

....nvicted under Section 495A(1) of the Calcutta Municipal Act for selling adulterated ghee. The Magistrate allowed the defence to rely on this evidence which was obtained by cross-examination of the Assistant Analyst to the Corporation who applied certain processes of analysis to the sample of ghe...... 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.’’  ...... and thereafter usurped power as President of the Republic, his reaction in the very morning of 15th August, 1975, hearing about the killing of the President from Col. Shafayet Jamil, how a Police Officer of the local Police Station driven out the P.W.1 A.F.M. Mohitul Islam with filthy language ..

Category: Criminal Law | Date: | Hits: 229

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

....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. ......dge that there was memo sent by the Judge Advocate, General Division, Dhaka Cantonment dated 02.04.1997 under Memo No.5525 / 2 / JAG notifying that there was no bar in holding trial of retired Army Officers under the Army Act in the Sessions Court. 505. In the instant case, it appears tha..

Category: Criminal Law | Date: | Hits: 208

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

....ave discussed above. 653. In Joginder Singh V. The State of Himachal Pradesh, AIR 1971 SC 500, the appellant Joginder Singh was convicted under section 376 of the Penal Code by the learned Assistant Sessions Judge while on active service and governed by the Army Act, 1950 (India). He cha......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. ......he criminal court, when such an accused is brought before it shall not proceed to try such a person or to inquire with a view to his commitment for trial and shall give a notice to the Commanding Officer of the accused, to decide whether they would like to try the accused by a court-martial ..

Category: Criminal Law | Date: | Hits: 228

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

.... 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. ...... 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)

....), Chittagong in Other Appeal Nos.30, 31 and 32 of 1986 allow­ing the same and thereupon decreeing the suit upon reversing the judgment and decree dated December 21, 1985 of the Court of Munsif (now Assistant Judge), Sitakunda, Chittagong in Other Class Suit Nos.157, 158 and 230 of 1984 (previously......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. ......e (the Tale) filed the suit stating, inter alia, that the land in suit belonged to Sitakunda Mela Committee, that the plaintiff applied for land to the Sitakunda Mela Committee and the Sub-Divisional Officer on behalf of the Mela Committee gifted the land in suit by the deed of gift dated January 15..

Category: Tenancy Law | Date: | Hits: 176

Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)

....igh Court Division in Civil Revision No.2862 of 1995 disposing of the Rule with modification. 2. Short facts are that the plaintiffs instituted Partition Suit No. 107 of 1992 in the Court of Assistant Judge, Saturia, Manikganj contending, inter alia, that the suit land measuring 1.88 acre......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ..

Category: Property Law | Date: | Hits: 22

Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)

....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. ......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. ......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)

....f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ..

Category: Criminal Law | Date: | Hits: 63

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

....45 DLR (AD) 27. Lawyers Involved: Md. Zahirul Islam with M. Masud Alam Chowdhury, Advocates-For the accused petitioner. Md. Shahidul Islam-For the opposite party No. 2. Ms. Maksuda Akter, Assistant Attorney General-For the State. Criminal Miscellaneous Case No. 3889 of 2005. Judgme......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. ......d to misappropriate the said amount of Taka 3, 77,625/- in connivance with each other. Against the said award passed by the arbitrator, the complainant filed an application before the Upazila Nirbahi Officer on 09.8.2004 which was sent to the Pourashava Chairman of Moyeshkhali to settle the dispute...

Category: Criminal Law | Date: | Hits: 93

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

....nst the judgment and order dated 23.06.2005 passed by the Joint District Judge, 2nd Court, Narail in Miscellaneous Appeal No. 34 of 2001 affirming the judgment and order dated 17.10.201 passed by the Assistant Judge, Kalia, Narail in Miscellaneous Case No.65 of 1997 allowing the application for pre-......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. ......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)

....(AD) 76. Lawyers Involved: Abdur Rab Choudhury, with Mrs. Syeda Anwara Satter, Advocate-For the Petitioners. Karuna Moy Chakma, Deputy Attorney General with Titus Hillol Rema, Assistant Attorney General and Eunus Ali, Assistant Attorney General-For the Respondents. Wr......;                   Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......;                   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)

....l of the Syed Bazlul Haque College and Rangunia College. 9. The Rule is being contested by the respondent No.4 by filing affidavit-in-opposition stating inter alia that the Petitioner is an Assistant Professor According to seniority Vice Principal Abul Kashem is 1st and senior Assistant ......                     Mir Hashmat Ali J.- I agree. This Case is also Reported in:  ......                     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)

.... such non-appointment was unconstitutional. 50. The above writ petitions were heard during the emergency period of the caretaker Government, emergency having commenced since 1.11.2006. Although an Assistant Attorney General participated in the hearing opposing the rules but no affidavit-in-opposi......s Syed Ishtiaq Ahmed rightly points out, in effect means the Prime Minister or the Chief Political Executive of the country, in view of Articles 48(3) and 55(2). The President wields control over the Presiding Officers of subordinate courts in a wide variety of fields. The Prime Minister has therefo......in connection with the independence of Judges. Selection of a person for appointment as a Judge in disregard to the question of his competence and his earlier performance as an Advocate or a Judicial Officer may bring in a “Spineless Judges” in the words of President Roosevelt; such a person can..

Category: Constitutional Law | Date: | Hits: 251