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A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....o Appeal Nos.1630, 1631, 1632, 1633,1634, 1635 and 1636 of 2007 dismissing the petitions. 2. The petitioners 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......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: ......ted period but the said money order having returned unserved on 19.12.1987, the petitioners deposited the rent to the Office of the House Rent Controller and they are not defaulters in any way. The trial Court, after hearing, by judgment and decree dated 1.1.1990 decreed the suits. On appeal, be...... 7. Abdul Malek………………......... Petitioner (In Civil Review Petition No.116 of 2008) Vs. Md. Abdul Khaleque being dead his heirs: M.A. Malek and others……..Respondents (In all cases) Judgment Januar..Category: Property Law | Date: | Hits: 48
Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
....Division passed in Second Appeal No.27 of 1979 allowing the appeal and thereby decreeing the suit upon reversing the judgment and 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.......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: ......is part of plot No. 533. 2. As it appears this Division dismissed the above civil petition holding that the High Court Division, on perusal of the judgment of the Courts below found that the trial court found encroachment by the defendant petitioner on the land of plot No.533 covering an ......zzul Islam J Md. Joynul Abedin J Lakshmi Rani Roy being dead her heirs Naru Gopal Roy..................Petitioner. Vs. Md. Abdur Rahman being dead his heirs Sayeda Begum and others .... Respondents. Judgment February 5, 2009. Lawyers Involved..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
.... Rahman Mandol Vs. The State, 29 DLR (SC) 247; Bangladesh Vs. Abed Ali 36 DLR(AD) 234; Abdus Samad @ A.K.M. Abdus Samad Vs. The State 44 DLR (AD) 233; State Vs. Tajul Islam and others 48 DLR 305; Rasool Bux Vs. The State 22 DLR (SC) 297; Barendra Kumar Ghosh v. The King Emperor (1924) 52 IA 40 (A......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. ......tted charge sheet against the 20 accuseds including the present appellants under sections 302/ 120B/ 324/ 307/201/380/149/34/109 of the Penal Code. 4. Among the 19 accused persons who faced trial, 14 were absconding. The learned Judges of the High Court Division found that the warrents of......mel Hossain J S. K. Sinha J Major Md. Bazlul Huda (Artillery)……….....Appellant (In Criminal Appeal No. 55 of 2007, Criminal Miscellaneous Petition No. 08 of 2001 and Criminal Review Petition No.03 of 2000). Lieutenant Colonel Syed Faruque Rahman…&..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....P.Ws. 11, 12, 13, 14, 18, 21, 22, 23,24, 25, 26, 27,32, 34, 39, 40, 53. 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 Far......rs and that at about 12 at mid-night, he came out of his room and noticed that while the white dressed persons were coming out of his office Mohiuddin (Lancer) came out from his room after them and called Huda to come nearer to him and at that time Huda told Major Dalim to wait for some time and......the than Councilor of Bangladesh High Commission at London, in which the appellant Farooque Rahman, admitted his complicity by saying "I helped to kill Sheikh Mujibur Rahman, dare to put me on trial". P.W. 58, also proved the forwarding letter with the signature of the Councilor by whi......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 also no..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... dastardly murdered the then President of the Republic, Bangabandhu Sheikh Mujibor Rahman, the father of the nation and founder of the Republic, his wife Begum Fazilatunnessa Mujib, their 3 (three) sons, Sheikh Kamal, Sheikh Jamal and the 9-10 years old youngest son Sheikh Russel, wives of Sheik...... 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.’’ ......eries and public exchequer to harbour the notorious criminals providing them shelter and jobs disgracing the country internationally against common sentiment of the nation to bring and put them to trial. 344. Sr. Counsel, Mr. Ajmalul Hossain, Q.C., strongly voiced that role of Government......inal.’’ ..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....the second learned Judge convicted all, and secondly, when there is difference of opinion either on evidence or points of law leading to conviction under different provisions of law or acquittal of some of the accused person. In this context, the position of this Apex Court is not very clear. How......hat in 1975 Lt. Col. Syed Farook Rahman was 2 I.C. of Tank Regiment. He deposed that in the evening of 15th August there was swearing ceremony of the council of the Ministers and on 19th August he called a conference of formation Commander and in the said conference Major Rashid and Lt. Col. Far......fered. 478. In respect of the decisions of the Indian Courts, we may refer to the case of Dharam Singh –Vs- State of U.P. reported in 1964 (1) Cri.L.J. 78, where it was held that in a trial of 12 accuseds, trial Court convicted 10 accused persons under Sections 302, 34 and 149 of th...... 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
....is true that witnesses can not be called upon to explain every hours delay and a commonsense view has to be taken in ascertaining whether the first information report was lodged after undue delay so as to afford enough scope for manipulating evidence. Whether the delay is so long as to through......not challenged by the defence in any manner. ......arnage of the then President and his family members. In order to have a strong socio-economic system, it is important that each and every offender involves in crime should be put to justice and his trial should move at reasonably fast pace. The challenges before the criminal justice system are to......er. ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....o;Oh God Pardon me, I have done blunder, I have murdered my wife and children.” 746. Now the question is whether this extra judicial confession deposed by the witness can be the sole basis for conviction of the accused. The Supreme Court of India considered case of Sahoo (supr......sulted in grave miscarriage of justice. This article reserves to this Court a special discretionary power to interfere in suitable cases when for special reasons it considers that interference is called for in the larger interest of justice.” 753. Similar views have ...... counsels, it will be necessary to keep in view the limited scope in these appeals against the judgments and orders of conviction and sentence as rendered by the High Court Division as well as the trial Court against the appellants. Article 103(3) of the Constitution does not confer a right of a......r. Ajmalul Hossain, Q.C. has referred the case of State of U.P. V. M.K. Anthony, AIR 1985 SC 48 on this point of admissibility of extrajudicial confession. In that case the accused killed his wife and two children. The accused was seen sitting in the adjoining room and on seeing him one witness ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....o 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, 1963 and handed over possession of the land so gifted to the plaintiff and since then the plaintiff possessed the same by constructing 'kach......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. ......ve suits upon paying rent to the revenue department. It was also the plea of the defendants that the land of both the schedules claimed by the plaintiff is unspecified and unidentifiable. 6. The trial Court dismissed the suit on the finding that the land described in the deed of gift Ext.2 and ......ith 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)
.... 75,000. Out of this amount the Sangstha will pay to the Dockyard Taka 70,00,000 by establishing an irrevocable letter of credit and the balance amount of Taka 25,75,000 will be paid by the sponsor-purchaser, Tapashee, through a crossed cheque on a schedule bank. The Dockyard shall never......notice on the Dockyard on 30-8-1982 pointing out the violation of the tripartite contract, namely, importation of second-hand/reconditioned old engines for the said cargo vessels and called upon the Dockyard to effect payment of the amount already disbursed by the Sangstha along wi......tha and Tapashee to the Dockyard was to be the following: 20% on signing of the contract, 40% for 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 t......p; Latifur Rahman J Dira Dockyard and Engineers Ltd. and others...................Appellants Vs. Bangladesh Shilpa Rin S..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....ce by a vespa motorcycle driven by Arshad alias Asad, the Advocate's clerk (attached to him when reached between Barsha Beauty Parlour and Sujan Hair Dresser, at a little distance of his residence, someone called him as Habib Bhai from the back. At this at the indication of the deceased, Arshad ......vespa motorcycle driven by Arshad alias Asad, the Advocate's clerk (attached to him when reached between Barsha Beauty Parlour and Sujan Hair Dresser, at a little distance of his residence, someone called him as Habib Bhai from the back. At this at the indication of the deceased, Arshad made 'th......s 302/120B/34 of the Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Tk.5,000/- each, in default, to suffer rigorous imprisonment for 6(six) months more. 8. The trial court further convicted Shahidur Rahman @ Shahid and absconding accused Kala Jahangir u......iminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The State................Petitioner (In Criminal Petition Nos. 335 and 336 of 2008). Md. Abdul Hai Bhuiyan ...........Petitioner (In Criminal Petition No. 125 ..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....ber 31,1990 (assessment year 1991-1992). 3. The facts of the Reference cases need not be re-stated in disposing of the review petitions since narration of the facts made in the judgment sought to be appealed and sought to be reviewed was quite elaborate and no ......y the sense of purification from sins. The word Zakat is also used in the sense of purity from sin. According to Raghib, Zakat is wealth which is taken from the rich and given to the poor, being so called because it makes wealth grow, or because the giving away of wealth is a source of purificati......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. ......instructed by Mvi Md Wahidullah, Advocate-on-Record—For the Petitioner. Not represented— the Respondent Civil Review Petition Nos. 10-12 of 2008. (From the Judgment and Order dated September 3, 2007 passed by the Appellate Division in Civil Petition for Leave to ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....further stated that there were no dues in connection of their business lying with him. In this circumstances, the complainant- opposite party made a complain to one Mr. Maksud Miah, an influential person of the locality to solve the problem who (Mr. Maksud Miah) to settle the dispute called both the....... In this circumstances, the complainant- opposite party made a complain to one Mr. Maksud Miah, an influential person of the locality to solve the problem who (Mr. Maksud Miah) to settle the dispute called both the parties on 01.3.2004 and both the parties signed on a stamp of Taka 10/- giving him ......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. ...... (HCD) (2009) 327. ..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....ssain Bhuiyan ………......Pre-emptee-appellant-petitioner Vs Matiar Rahman Bhuiyan and others……………...Opposite parties Judgment July 31, 2008. Result: The Rule is made absolute. Cases Referred to- 35 DLR (AD) 54, 60 DLR 270 & 35 DLR 238. Lawyers Involved: ......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. ......have been possessing by the other heirs of late Afsaruddin; that after the death of their father Afsaruddin Bhuiyan the pre-emptor with a view to illegal gain filed the pre-emption case. 4. At the trial the pre-emptor examined 3(three) witnesses and pre-emptee also examined 3(three) witnesses in ......9) 175. ..Category: Property Law | Date: | Hits: 37
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....ition No. 2046 of 2008) Md. Idrisur Rahman, Advocate and others ........Respondents (In Civil Petition No. 2056 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 V......of the cases have been narrated in details in the main judgment. So I do not like to re-state those. 3. In these cases non-appointments of some judges of the High Court Division are challenged and called in question on the ground that they have not been appointed under Article 95 of the Constitut......rt having two Divisions to ensure and protect the Supremacy of the Constitution. Besides article 35(3) provides that every person accused of a criminal offence shall have a right to speedy and public trial by an independent and impartial court or tribunal established by law and article 94(4) provide......ivision Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Bangladesh represented by the Secretary, Ministry of Justice and Parliamentary Affairs and others ............Petitioners (In Civil Petition Nos. 2221 & 2222..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....right, title and interest to transfer the suit land to the plaintiff and that the defendant No.1, Nazir Ahmed purchased the suit land from Abdul Gofran by a registered kabala dated 15.03.1998 and also by a registered kabala dated 07.12.1998 and got possession of the suit land and that the plaint......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: ......d some land to one Abdul Motiob by a registered kabala dated 01.10.1965 exhibit-2; that by exhibit-2 and 2(a) the present defendant No.1 became a co-sharer in the suit holding. It appears that the trial Court who granted a decree recorded no finding that the plaintiffs have proved their exclusiv......resent: 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. Lawyers Involved: ..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
....dant; that that defendant No.1 erected pucca building on the same land thereafter exchanged the said land on 24.04.1986 with Kusumka Khatoon who again exchanged the said land with Noor Mohammad who sold the said land on 26.11.1986 to his daughter Zobeda Khatoon that on 27.05.1987 the plaintiff so...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......pted those papers as additional evidence but failed mention them as exhibits; that the plaintiff has introduced a new case by surprise, which was not taken in the plaint; that was not taken in the trial Court or in the appellate Court; that it cannot be raised in revision; that the plaintiff-pet......mmad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Sadequl Alam……………..Petitioner Vs. Md. Mofizul Haque (Jalal) and others……..Respondents Judgement January 7, 2009. Lawyers I..Category: Property Law | Date: | Hits: 27
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....nt No.1 transferred 25.20 acres of land by 2 kabalas dated 07.12.1988 and the plaintiffs did not seek relief in respect of those kabalas and the defendant No.1 transferred 11.65 acres of land and also delivered possessions in favour of the purchasers, Zulkadar Khan, predecessors of the plaintiff......allegations and the plaintiffs are not entitled to get any relief according to the law. 4. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the so-called census list did not contain all the suit plots belonging to the original owner Shoshi Mohan ......on 25.04.2006 discharging the Rule in favour of the present petitioner in open Court; that the census list in question produced before it by the respondent No.14 was not exhibited and proved in the trial Court and as such, the same did not have any evidentiary value under the provision of law; t...... Present: Mohammad Fazlul Karim J Md. Hassan Ameen J Md. Lukman……………………...Petitioner. Vs. Rustom Khan and others………...Respondents. Judgement July 1, 2008. Lawye..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....her Md. Abdul Matin, J, I take this opportunity to make a few observations of my own specially in regard to the important points involved in the Reference particularly on the question whether the advisory opinion which is being reported back to the President should be binding on all courts in the co...... discharge in accordance with the provisions of this Order.” Article 4(1) runs as under:- “There shall be raised and maintained in accordance with the provisions of this Order a Force to be called the Bangladesh Rifles.” Article 4(3) runs as under:- “The Force shall be a discipli......mber of 1721 persons have been arrested from different Sectors, Battalions and Institutions outside Dhaka. At the present about 3,500 suspected BDR mutineers are in custody awaiting investigation and trial and out of the said 3500 accused persons 26 are departmentally promoted BDR officers (Assistan......r 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: 25.08.2009 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 C..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
.... Mominur Rahman J.- Instant leave petition is directed against the judgment and order passed by a Single Bench of the High Court Division making the Rule issued in Civil Revision No.4578 of 2002 absolute setting aside the judgment and order passed in Miscellaneous Appeal No.58 of 2001 by the lea......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. ......ing the consideration amount at Taka 12,000 in the sale-deed, whereas, in fact, the pre-emptee paid Taka 16,000 as consideration money as fixed within the knowledge of the pre-emptor. 3. The trial Court framed as many as 8 issues, namely: 1. Is the case maintainable in its pr......(AD) (2009) 122. ..Category: Property Law | Date: | Hits: 38
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