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

....ped illicit intimacy with his daughter-in-law Sundar Patti (son’s wife). There was quarrel between them on a previous occasion of the occurrence and Sundar Patti ran away to the house of one Md. Abdullah, a neighbour. The convict brought her back and passed the night with her in one room o...... 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. ......163. P.W.11, stated that he was a member of unit he on reaching at the parade ground he noticed that the parade was disorderly, that in the parade Farooque Rahman came there along with Major Ahmed Hossain and then Farooque Rahman and other officers went to the office of Mohiuddin (Lancer) and he......y which he had carried out as per direction  of his Commanding Officer.  196. The learned counsels, in support of their contentions, referred the cases of Nurul Islam and others Vs. The State, 43 DLR (AD)6, Hazrat Khan @ Hazrat Ali Vs. the State, 54 DLR 636, Moslemuddin and ot..

Category: Criminal Law | Date: | Hits: 274

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

....p;                   B.K. Das, J. - I agree with the judgment and order delivered by my learned brothers Md. Tafazzul Islam, J.     Md. Muzammel Hossain, J.- I have gone through the...... 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.’’  ......y of mankind. 341. Mr. Mahbubey Alam, the learned Attorney General, termed it as tragic and inhuman (he burst into tears while placing the evidence on murder of Sheikh Russel). Mr. Ajmalul Hossain, Q.C., described it as horrendous killing, Sr. Advocate Mr. Tawfique Newaz, Sr. Advocate Mr...... 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.’’  ..

Category: Criminal Law | Date: | Hits: 229

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

.... learned Judge upheld the conviction confirming the death references so far as it relates to Lt. Col. Syed Farook Rahman, Lt. Col. Sultan Shahriar Rashid Khan, Lt. Col. Khandker Abdur Rashid, Major Md. Bazlul Huda, Lt. Col. Shariful Hoque Dalim, B.U. Lt. Col. A.K.M. Rashed Chowdhury, Major A.K.M.......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. ...... of 1998 filed by Lt. Col. Mohiuddin Ahmed (Artillery) were dismissed but rejected the Death Reference No.30 of 1998 so far as it relates to accused Captain Md. Kismat Hashem, Major Ahmed Shariful Hossain @ Shariful Islam and Captain Nazmul Hossain Ansar. 496. So it appears that the third......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

....er was involved, they would have attacked the Chief of army staff but they did not attack them, rather killed the President which proved that it was not a mutiny. 645. It was suggested to Md. Aminur Rahman (P.W.24) on behalf of Lt. Col. Syed Farooque Rahman that at that time (when Major......f a criminal conspiracy is given and accepted the evidence of statement, act or deed made by one conspirator in reference to the common intention becomes admissible against all.  669. Anwarul Huq, J. speaking for the majority of the Supreme Court of Pakistan in Zulkikar Ali Bhutto V...... then President not only committed an offence of murder, they had committed crime against humanity by killing a child and three innocent women. 632. Learned Attorney General and Mr. Ajmalul Hossain vehemently criticized the conducts of the Governments in power. Mr. Hossain contends that t......y a Court-Martial to be convened by the Chief of Army Staff as was done in case of General Ziaur Rahman’s killing. In this connection the learned counsel has referred to the case of Jamil Huq Vs.  Bangladesh, 34 DLR (AD) 125. 643. Mr. Anisul Huq and the learned Attorney General..

Category: Criminal Law | Date: | Hits: 228

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

....ave been sentenced to death for ends of justice. In support of the charges leveled against the appellant Major Bazlul Huda, the prosecution has examined A.F.M.Mohitul Islam (P.W.1), Habilder (Rtd.) Md. Quddus Sikder (P.W.4), Nk.Subedar (Rtd) Abdul Gani (P.W.5), Habilder Ganner (Rtd) Sohrab Ali (...... 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. ......g 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. ......l Huda and Mohiuddin Ahmed at the place of occurrence but the High Court Division has totally ignored this aspect of the matter. The learned counsel has referred the cases of Nurul Islam and others Vs. The State , 43 DLR (AD)6, Hazrat Khan @ Hazrat Ali Vs. the State, 54 DLR 636, Moslemuddin and ..

Category: Criminal Law | Date: | Hits: 291

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

....ng for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......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. ......idul Huq, Advocate-on-record-For the Appellants (In all the appeals) Abdul Wadud Bhuiyan, Senior Advocate (Harendra Nath Nandi, Advocate, Shubrata Chowdhury, Advocate with him, instructed by Aftab Hossain, Advocate-on-record-For Respondent No. 1 (In all the appeals) Not represented-Respondent ...... 126 of 2001). Zohara Khatun and other…...................Appellants (In Civil Appeal No.127 of 2001) Ahasanuzzaman and others…................Appellants (In Civil Appeal No.128 of 2001) Vs. Sitakundu Chandra Nath Chatuspaty Tole and others….......Respondents (In all the appeals) ..

Category: Tenancy Law | Date: | Hits: 176

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. ......ddin, ASC with him), instructed by Sharifuddin Chaklader, Advocate-on-Record—For Respondent No. 1. TH Khan, Senior Advocate (MA Wahhab Miah, Advocate with him), instructed by Md Aftab Hossain, Advocate-on-Record—For Respondents Nos. 2-6. Civil Appeal Nos. 64 and 65 of 1......sp;                   Dira Dockyard and Engineers Ltd. and others...................Appellants Vs. Bangladesh Shilpa Rin Sangstha and others.....................Respondents Judgmen..

Category: Business or Commercial Law | Date: | Hits: 311

Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)

....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. ......…………..Respondent Judgment December 4, 2008. Lawyers Involved: Fazlul Karim, Senior Advocate, in­structed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondents. Civil Review Petition No. 143 of 2008. (From the...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Golam Rabbani…………………………….Petitioner Vs. Chairman, Court of Settlement and others……………..Respondent Judgment December 4..

Category: Property Law | Date: | Hits: 32

State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)

....e 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. .........................Respondent (In Criminal Petition No. 336 of 2008). Judgment May 24, 2009. Lawyers Involved: S.M. Abdul Mobin, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner (In Criminal Petition Nos. 335-336 of 2008) &nb...... Aziz J The State................Petitioner (In Criminal Petition Nos. 335 and 336 of 2008). Md. Abdul Hai Bhuiyan ...........Petitioner (In Criminal Petition No. 125 of 2009). Vs. Shahidur Rahman alias Shahid and another......Respondent (In Criminal Petition No.335 of..

Category: Criminal Law | Date: | Hits: 63

Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)

....l 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.......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....... Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Azizullah (Md) and others.................Appellants Vs. State and others..............................Respondents Judgment January 14, 2009. ..

Category: Criminal Law | Date: | Hits: 62

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

....ith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......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. ......BLR 307 (FB). Bhuaban Mohan Das Vs Surendra Mohan Das AIR 1951 Cal. 69 Velji Raghavji Patel Vs State of Maharashtra AIR 1956 (SC) 1433 Abdul Gafur Vs Dr D Ahmed, 3 DLR 449, State Vs Syed Imtiaz Uddin Hossain 17 DLR 382, Nasiruddin Mahmud and others Vs Mamtazuddin and another, 36 DLR (AD) 14, Syed Al......ffidavit of the complainant and considered the submissions of the learned advocates of the parties. 7. Before enter into the merits of the case we would like to refer the case of Dr. S. Ashraf Ali Vs. Md. Ahsan Habib and another reported in 56 DLR 169 wherein their Lordships categorically stated ..

Category: Criminal Law | Date: | Hits: 93

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

....e 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. ......n 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

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

.... J.- I agree. This Case is also Reported in:  ......                     Mir Hashmat Ali J.- I agree. This Case is also Reported in:  ......also Reported in:  ......ir Hashmat Ali J Md. Nuruzzaman J S.M. Zakir Hossain, son of late Harun or Rashid, Principal –in-Charge, Abdul Jabber College, Borhanuddin, Bhola............. Petitioner. Vs. The People’s Republic of Bangladesh represented by Secretary Ministry of &nb..

Category: Constitutional Law | Date: | Hits: 121

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

....gly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......of 2008) Judgment February 25, 2009. Result: The Judgment is passed with some observations. Cases Referred to- Al-Jehad Trust Vs. Federation of Pakistan, P.L.D. 1996 Vol-1 page 324; Anwar Hussain Chowdhury and others Vs. Bangladesh, 41 DLR (AD) 165; Secretary, Ministry of Finance V......Bangladesh represented by the Secretary, Ministry of Justice and Parliamentary Affairs and others ............Petitioners (In Civil Petition Nos. 2221 & 2222 of 2008) Justice Syed Md. Dastagir Hossain and others............Petitioners (In Civil Petition Nos. 2046 & 2056 of 2008) Vs. ......ers ............Petitioners (In Civil Petition Nos. 2221 & 2222 of 2008) Justice Syed Md. Dastagir Hossain and others............Petitioners (In Civil Petition Nos. 2046 & 2056 of 2008) Vs. Md. Idrisur Rahman, Advocate and others ........Respondents (In Civil Petition No. 2221 of 20..

Category: Constitutional Law | Date: | Hits: 251

Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)

.... Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......llate Division Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Yakub Ali…………….Petitioner Vs. Nazir Ahmed and others.......Respondents Judgment January 18, 2009. ..

Category: Property Law | Date: | Hits: 29

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

....se is also Reported in:   ......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:   ......ent February 27, 2007. Lawyers Involved: Mohammad Ozair Farooq, Senior Advocate, instructed by Mr.Mohammad Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos.11 & 12. Not represented- Respondent Nos......l Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners Vs. The Government of the People’s Republic of Bangladesh represented by Secretary Mi..

Category: Property Law | Date: | Hits: 25

Special Reference No.1 of 2009, 38 CLC (AD)

....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: ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2......ar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar Council Vs. Surjeet Singh AIR 1980 SC 1612, Waddington Vs. Mia (1974) 2 A.E.R. 377; 7 BLC (AD) 73, Narasappa..

Category: Constitutional Law | Date: | Hits: 289

Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)

....ication for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ...... Cases Referred To- 28 DLR (AD) 5; 20 DLR 80; 33 DLR (AD) 113. Lawyers Involved: Abu Bakkar Siddique, Advocate (Appeared with leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not represented—the Respondents......vision (Civil) Present: Md. Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Janab Ali (Md.) and another..........................Petitioners Vs. Salema Khatun and others...........................Respondents Judgment Ma..

Category: Property Law | Date: | Hits: 38

Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)

.... 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.......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.......ate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Syed Nurul Azim Babar……………………………..Petitioner Vs. The State……………………………………………………Respondent Judgment ..

Category: Criminal Law | Date: | Hits: 60

State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)

.... appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......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. ......f 2007) Raju and another…………….Respondent (In Criminal Petition No. 273 of 2007) Judgment March 12, 2009. Lawyers Involved: Akram Hossain Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Pe......Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The State……………………..............Petitioner (In all the Cases) Vs. Lal Miah@ Abdul Bari…….........Respondents (In Criminal Petition No. 270 o..

Category: Criminal Law | Date: | Hits: 53