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Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)

...., 1996 which is valid and constitutional. 12. The High Court Division took up the writ petitions together for consideration as the issue in both the petitions was the same, rather one. Mr. Md. Korban Ali, learned Counsel for the appellants before us, himself appeared for the writ petitio...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... DACCA; The 26th September, 1975 ......houdhury J Shahriar Rashid Khan..............Appellant (In Civil Appeal No. 18 of 1997) Sayed Faruque Rahman Col. (Reted.).......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and oth­ers............Respondents (In both the appeal) Judgment ..

Category: Constitutional Law | Date: | Hits: 167

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

....racts. 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. ......D (AD) (2011) 1. ......ivil Appeal Nos. 244-246, 248-50 of 2005) Luthfar Rahman…................Appellant (In Civil Appeal No. 245 of 2005) Ohiduzzaman Chowdhury......Appellant (In Civil Appeal No. 247 of 2005) Vs. Md. Eunus and Brother (Pvt.) Ltd…............. Respondents (In all the Appeals) And M..

Category: Civil Law | Date: | Hits: 212

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

.... 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: ......th Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mr. Aftab Hossain, Advocate-on-Record-For the Petitioner (In all the cases) Mahbubey Alam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents (In all the cases) Civil Review Petition No............ Petitioner (In Civil Review Petition No.115 of 2008) 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……..Responde..

Category: Property Law | Date: | Hits: 48

S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)

....tition is dismissed. Ed. This Case is also Reported in: ......aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ...... Appellate Division (Civil) Present:   Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J S.K. Khalilur Rahman and others…………..... Petitioners. Vs. Mr...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J S.K. Khalilur Rahman and others…………..... Petitioners. Vs. Mrs. Meherun Nesa……………………&h..

Category: Property Law | Date: | Hits: 24

Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)

.... petition is dismissed. Ed. This Case is also Reported in:   ......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:   ......tariat, Ramna, Dhaka and others....    Respondents. Judgment April 29, 2009. Lawyers Involved: Mohsine Rashid, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record. Nurul Islam, Advocate-on-Record-For the Respondent No.4 No......sent: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Mrs. Zinnatul Ara and others……….............Petitioners. Vs. Government of the People’s Republic of Bangladesh, represented by Secretary, Minis..

Category: Civil Law | Date: | Hits: 88

Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)

....smissed. 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: ...... Mohammad Fazlul Karim J Md. Tafazzul 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 ......MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul 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. ..

Category: Property Law | Date: | Hits: 35

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

....and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......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. ......…….....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……………….Appellant (In Criminal Appeal No. 56 of 2007)......;.Appellant (In Criminal Appeal No. 58 of 2007) Major (Retd). A.K.M. Mohiuddin Ahmed……..... Appellant (In Criminal Appeal No. 59 of 2007 and Jail Appeal No. 02 of 2007) Vs. The State…………………………..

Category: Criminal Law | Date: | Hits: 310

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. ......4, 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 Farooque Rahman and other officers went ......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.’’  ......bsp; ...... 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. ......udges of the Division Bench. Having considered all the aspect of the case, the third 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......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......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. ......accused persons in the F.I.R, of them, he made specific allegation of overt act against the appellant Major Bazlul Huda and identified 3 other accused persons including appellant Lt. Col. Farooque Rahman, and implicated rest of the accused persons from the information collected from other source......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. ...... others Vs. The State, 38 DLR (AD) 311, Safdor Ali Vs. The Crown, 5 DLR (FC) 107 and Moyezuddin and another Vs. The state, 31 DLR (AD) 37 in support of his contentions. 749. Mr. Khan Saifur Rahman, learned counsel appearing for the appellants Lt. Col. Syed Farooque Rahman and Lt. Col. Moh......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. ......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. ...... 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. ...... Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......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

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. ......tate................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 2008 and 125 of 200...... 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

Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)

....ions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ......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. ......f justice. During the Khilafat of Hazrat Abu Bakr, Hazrat Umar was appointed the Qazi but the people were so con­tented and honest that according to the author of Seerat-us-Siddique (M Habib-ur-Rahman Khan) not a single case was filed in the Court of Umar. In this period, however, the use of ......bsp;            Md. Abdul Matin J    Islami Bank Bangladesh Ltd..............Petitioner (In all petitions) Vs. Commissioner of Taxes, Companies Circle-19...............Respondent (In all petitions) ..

Category: Fiscal/Taxation Law | Date: | Hits: 145

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.......yers Involved: AJ Mohammad Ali, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appel­lants. Mohammad Ali Akanda, Deputy Attorney-General instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent Nos. 1 & 2. M.A. Samad, Senior Advocate, instruct...... 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

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. ...... 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)

.... I agree. Ed. This Case is also Reported in: ......;                   Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: .......2004 is declared to have been made without lawful authority. 7. Mr. Karuna Moy Chakma, the leaned Deputy Attorney General appearing with Mr. Eunus Ali, Mr. Titus Hillol Rema and Mr. Nazibur Rahman, the learned Assistant Attorney Generals for the respondents submits that they did not filed......on) Present: Mir Hashmat Ali J Md. Nuruzzaman J Muzaidul Islam s/o. Shah Alam, Village: Kalirchar P.S. & Dt. Laxmipur and others.……. Petitioners. Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretari..

Category: Constitutional Law | Date: | Hits: 132

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:  ......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 Professor Kazi Nobibur Rahman 2nd and petitioner 3rd. So the governing body most illegally and with out lawful authority h......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