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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....) Syed Faruque Rahman to float a political party in the country named "Freedom Party" and a National Daily named "The Millat" and also allowed to contest as a Presidential candidate in the general election, Major (Retd.) Bazlul Huda and Ltd. Col. (Retd.) Kh. Abdur Rashid were...... proper. 381. During the course of hearing the learned Advocates from both sides have made elaborate submissions on the scope and jurisdiction of the third learned Judge. It has come to our notice that Mr. Khan Saifur Rahman, the learned Advocate in Criminal Appeal Nos.56 of 2007 and 58 o......other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. 340. Mr. Anisul Huq, the Chief Prosecutor for the respondent termed the incident of unprovocated killing of unarmed men, women and child as h..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
.... and order which follows the opinions of the third Judge. This being so special leave petition could only have been filed after the appeal was disposed of by the High Court vide its final order dated 19.05.1998. Even though the said order purports to relate only to ten out of thirty-two accu......e-line as to how the third learned Judge should deal with the cases where there is a difference of opinion between the judges of the Division Bench. From a long series of cases, it has come to our notice that the Supreme Court of the Sub-continent has categorized the cases into two broad groups.......ned companion Judge of the Division Bench of the then Dhaka High Court differed only with regards to the conviction of accused Mohim Mondal under Section 148 of the Penal Code. The case was laid before the third learned Judge under Sections 378 and 429 of the Cr. P.C. The third learned Judge, Mu..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....vidence. Privacy and secrecy are more characteristic of a conspiracy, than of a loud discussion in an elevated place open to public view. It is not always possible to give direct evidence about the date, place and time of the formation of the conspiracy, about the persons that took part in the f...... criminal Court has concurrent jurisdiction to try such offence. 644. Before I meet the contentions of the learned counsels, I would like to mention some admitted facts in this case. I noticed that the defence did not take any plea of mutiny at the trial by cross-examining or giving ......rved as follows: “It 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 eviden..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... produce the original compact disk or video-cassette or the programme published in the television channel. The producer of the programme must certify their authenticity in the contents stating the date and place of recording of the programme. The certificate must be signed by the producer of the......el of his company. He stated that Captain Bazlul Huda and 3 other army personnel were also in the field artillery unit, that on 15th August, 1975 at about 5 A.M. he along with other security staff noticed that Subedar Major Abdul Wahab Joarder was getting down from the jeep in front of the house......rdon 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 (supra) and othe..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....ented-Respondent Nos.2-4 (In Civil Appeal No.127 of 2001). Not represented-Respondent Nos.2-7 (In Civil Appeal No.128 of 2001). Civil Appeal Nos. 126-28 of 2001. (From the Judgment and Order dated April 9, 1997 passed by the High Court Division in Civil Revision No.7556 heard along with Civ...... as was noted in Ext. C. since the plaintiffs by reliable evidence proved their possession since January 1963 and dispossession in January, 1973 by the defendants, that the appellate Court having had noticed that in Ext. C names of the defendants do not appear and that inspite of the fact noted in t...... to the plaint and recovery of khas possession of different quantity of land (part of the land described in schedule 'Ka' to the plaint) described in the schedule 'Kha' attached to the plaint of the aforementioned respective suits and for mesne profit. 3. The plaintiff, Sitakunda Chandra Nath C..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
.... 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 the date of disbursement of the aforesaid first instalment. In case of failure to deliver the coasters ......epay the dues. The Dockyard and its directors are also jointly and severally liable together with Tapashee and its directors to pay the dues of the Sangstha. 10. The Sangstha served a legal notice on the Dockyard on 30-8-1982 pointing out the violation of the tripartite contract, nam......d 65 of 1989. Judgment ATM Afzal J.- These two appeals by leave taken up together for consideration arise out of a proceeding under Article 33 of the Bangladesh Shilpa Rin Sang..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
.... Advocate-on-Record- For the Respondent (In Criminal Petition No.336 of 2008). Criminal Petition for Leave to Appeal Nos. 335-336 of 2008 and 125 of 2009. (From the judgment and order dated 30.01.2008 passed by the High Court Division in Death Reference No.58 of 2003 heard with Cri......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. ...... No.125 of 2009) Abdul Baset Majumder, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent (In Criminal Petition No.336 of 2008). Criminal Petition for Leave to Appeal Nos. 335-336 of 2008 and 125 of 2009. (From the judgment and order dated..Category: Criminal Law | Date: | Hits: 63
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....e Upazila Nirbahi Officer on 09.8.2004 which was sent to the Pourashava Chairman of Moyeshkhali to settle the dispute. The Chairman of Moyeshkhali pourashava issued notice upon the parties fixing the date on 21.8.2004, 26.8.2004, 04.9.2004 and13.9.2004. In the meantime the accused petitioner filed a......nant 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. The Chairman of Moyeshkhali pourashava issued notice upon the parties fixing the date on 21.8.2004, 26.8.2004, 04.9.2004 and13.9.2004. In the mean...... Magistrate), Moyeshkhali, Cox's Bazar should not be quashed. 2. Events leading to issuance of this Rule, in short, are that the opposite party No.2 as complainant filed C.R. Case No. 54 of 2004 before the court of Upazila Magistrate, Cox's Bazar under sections 420/406 of the penal code against t..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....etitioner. Humayun Kabir Sikder, Advocate-Opposite party No.1. Civil Revision No. 3412 of 2005. Judgment Sheikh Abdul Awal J.- This Rule is directed against the judgment and order dated 23.06.2005 passed by the Joint District Judge, 2nd Court, Narail in Miscellaneous Appeal No. 3......arlier gifted the case land verbally to him and after the death of Afsaruddin the pre-emptor came to learnt that his father has already been transferred the case land to the pre-emptee-petitioner. No notice of the said transfer in question was served upon the pre-emptor-opposite party No.1 and hence......arail 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-emption. 2. The material facts relevant for disposal of this Rule are that the Opposite P..Category: Property Law | Date: | Hits: 37
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....; Md. Nuruzzaman J.- This Rule Nisi was issued calling the respondents to show cause as to why the long and unreasonable stay order dated 28.10.2004 as in Annexure–C to the writ petition against the petitioners appointment sh......to the Commissioner, Chittagong was placed to request letter to the government withdraw the order of stay, but no response. 4. Under the compelling circumstances, the petitioners served the notice of demand for justice to the learned Advocate. But he response did not take to hear in resp...... written examination on 12.10.2004. The petitioners participated in the written examination. Subsequently, on 20.10.2004 and 25th to 27 October, 2004 respectively. The petitioners finally selected for appointment for the post of Lower Division Assistant under Laxmipur Collectorate, Divisional Se..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....dy with a medical certificate. Thereafter the Governing body of the said college had taken a decision on 21.03.2006 to published a advertisement in a daily news paper inviting application from candidates to appoint a new Principal of the said College. Principal in charge of the college was direc...... of Principal as Teacher as per notification dated 02-04-2003. The learned Advocate appearing for the petitioner has further submitted that the petitioner through his lawyer served a demand justice notice upon the respondents on 25.02.2007 for withdraw or rescind the memo dated 18.01.2007 with a ......he respondents to show cause as to why the Memo No. 07(XÐ141) RvZxt wet/Kt ct/93/6026Ð(1) ZvsÐ 18Ð01Ð07 issued by the respondent No.3 refusing to give prior approval for appointing the petitioner as a Principal of Abdul Jabber College, Borhauddin, Bhola and cancel..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
.... Senior Advocate- For Respondent No.1. Civil Petition for Leave to Appeal Nos. 2221 & 2222 of 2008 With Civil Petition for Leave to Appeal Nos. 2046 & 2056 of 2008 (From the order dated 17.07.2008 passed by the High Court Division in Writ Petition No.1543 of 2003 heard analogousl......l being aggrieved by the findings of the High Court Division made against their respective personal status and positions as the learned Judges of the High Court Division, in their absence without any notice of the rule to them or even without impleading them or any relief sought in the writ petition......s. E.M.I. (Australia) Pvt. Limited, (1958) 100 CLR 597, Adgbenro Vs. Akintola, (1963) AC 614, Attorney General Vs. Jonathan Cape Limited (Crossman Diaries case) (1976) QB 752, R V. Secretary of State for Home Department, Ex p. Hosenball, (1977) 1 WLR 766; Re-amendment of the Constitution of Canada (..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....slam Bhuiyan, Advocate-on-Record- For Respondent No.2. Not represented- Respondent No.1. Civil Petition For Leave To Appeal No. 29 Of 2007. (From the judgment and order dated the 24th day of July, 2006 passed by the High Court Division in First Appeal No.562 of 2000)....... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......efendant No1. entered into the said premises on 01.02.1987 as an ordinary ejectable monthly tenant under the plaintiff on condition to pay rent of TK.23,248.00 per month within 7 days of the month for which it is due for use and occupation of 2818 square feet in ground floor, 2818 square feet in..Category: Civil Law | Date: | Hits: 110
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....ab Hossain, Advocate-on-Record- For Respondent Nos.11 & 12. Not represented- Respondent Nos.1-10. Civil Petition For Leave To Appeal No.153 of 2007 (From the judgment and order dated the 29th January, 2007 passed by the High Court Division in Writ Petition No.8488 of 2005). ...... company in total paid TK.1,72,000.00 in excess for eviction and rehabilitation of the unauthorized occupants of said 10.17 acres of land and pursuant thereto process of eviction was initiated and notice under Section 5(1) of Ordinance 24 of 1970 was issued upon the unauthorized occupants on 25t......ision in Writ Petition No.8488 of 2005). Judgement Mohammad Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 29.01.2007 passed by a Divisio..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition For Leave To Appeal No. 94 of 2007. (From the judgment and order dated the 6th day of November, 2006 passed by the High Court Division in Civil Revision No. 2350 of...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......il Revision No. 2350 of 2002). Judgement Mohammad Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 06.11.2006 passed by the High ..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....llate Division rendering the opinion. 5. The President acting through the Ministry of Law, Justice and Parliamentary Affairs vide memo No. বিচার-৩/১ এম-৬/২০০৯-৬৮৫ dated 17.8.2009 sent a reference to the Appellate Division addressed to the Registrar of the Supreme......ture Reference is not binding on the subordinate courts and the High Court Division that would lead to judicial indiscipline and anarchy. 16. In the present case the reference was heard by giving notice to all interested parties and 10 legal luminaries of the country participated in the proceedi......Vs. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 1975 SC page 1429; Abdul Mannan Bhuiyan V. State, 60 DLR (AD) 49; R V. Sussex Justices, 1924; Secretary of State for the Home Department (Respondent) V. AF (Appellant) (2009) UKHL 28, Ex parte Milligon 71 US (4 wa..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....b Hossain, Advocate-on-Record—For the Petitioners. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 718 of 2008. (From the judgment and order dated 30-11-2005 passed by the High Court Division in Civil Revision No. 4578 of 2002). Judg......s knowledge and a copy of the application was served upon the pre-emptee and the pre-emptee did not raise any objection against said application for addition of party and also did not bring to the notice of the Court that apart from the persons sought to be added in the case, there were other pe......dique, Advocate (Appeared with leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 718 of 2008. (From the judgment and order dated 30-11-2005 passed by..Category: Property Law | Date: | Hits: 38
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....tructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 158 of 2008. (From the judgment and order dated 27.09.2007 and 30.09.2007 passed by the High Court Division in Death Reference No.99 of 2004 w......yal vs. State of U. P. reported in AIR. 1978 S.C.1558. 12. It appears that in the case of Rameshwar Dayal the question was the existence or otherwise of four live cartridges which any layman can notice and therefore the statement with regard to existence of live cartridges was found to be a sta...... 225. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 158 of 2008. (From the judgment and order dated 27.09.2007 and 30.09.2007..Category: Criminal Law | Date: | Hits: 60
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....ur Rahman, Advocate-on-Record-For the Respondent Nos.1-6. Not represented-Respondent No. 7. Civil Petition for Leave to Appeal No. 431-442 of 2005. From the judgment and order dated 04.09.2004 passed by the High Court Division in Writ Petition Nos.5756, 5757, 5758, 5759, 579......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......ssain, Advocate-on-Record-For the Petitioners (In all cases) Md. Ferozur Rahman, Advocate-on-Record-For the Respondent Nos.1-6. Not represented-Respondent No. 7. Civil Petition for Leave to Appeal No. 431-442 of 2005. From the judgment and order dated 04.09.2004 passed..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....s. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-36. Civil Petition for Leave to Appeal No.261 of 2006. (From an order dated the 14th day of February, 2006 passed by the High Court Division in Matter No.14 of 2006). ......Dutch Bangla Bank Limited, Dhanmondi Branch, Dhaka to draw the aforesaid amount and shall maintain accounts of records and necessary vouchers in the office of the company. On 14.07.2005 a notice of an Extraordinary General Meeting under the signature of the Managing Director, responden...... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-36. Civil Petition for Leave to Appeal No.261 of 2006. (From an order dated the 14th day of February, 2006 pass..Category: Business or Commercial Law | Date: | Hits: 199
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