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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. ......peror of India V. Abani Bhusan Chakrabutty, 15 CWN 25; Mirja Akbor V. King Emperor, AIR 1940 (P.C) 176. 55 Bom 839 and 38 Cal 169; Bhagwan Swarup v. State of Maharashtra, AIR 1965 SC 682; Zulfikar Ali Bhutto V. The State PLD 1979 SC 53; State V. Nalini (1999) 5 S.C.C. 283; Moqbool Hossain Vs. Th......;.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...... that they took ammunition in their truck and then the B.H.M. divided them in groups and directed them to board into the trucks and then their truck moved towards the Road No. 32 and at the time of Fazar Ajan, some of them were directed to get down from the truck at Road No. 32 and they were dir......nce, the allegation that Bazlul Huda shot to death Sheikh Kamal and Bangabandhu is also based on contradictory evidence on record; the prosecution has withheld vital witnesses such as, Sheikh Yunus Ali, Col. Moshiud Doula and Col. Mahmudul Hasan purposely as their evidence would have been unfavo......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......to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......t raising the issue of mutiny by the defence to challenge the jurisdiction of the trial Court at the appellate stage for the first time is not tenable in law. He has referred to the case of Haider Ali Khan –Vs- State reported in 14 BLD (AD) 270 and the case of Julfiqur Ali Bhutto –Vs...... 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. ......e trial court by the defence under at a belated stage, while in the High Court Division at the time of hearing of the death reference and the respective appeals. 509. In the case of Haider Ali Khan–Vs-the State reported in 14 BLD (AD) 270, the Appellate Division of the Supreme Cour......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......n their truck. He further stated that B. H. M. divided them in groups and directed them to board into the trucks. He further stated that their truck moved towards the Road No. 32 and at the time of Fazar Ajan, some of them were directed to get down from the truck at Road No. 32. They were direct......ce, and the evidence of L.D.Bashir Ahmed (P.W.11), A.L.D. Sirajul Haq (Suspen) (P.W.12), Dafadar Shafiuddin Sarder (Rtd.) (P.W.13), Dafader Abdul Jabbar Mridha (Rtd.) (P.W.14), Resalder Abdul Alim Mollah (P.W.23), Habilder Md. Aminur Rahman (Rtd.) (P.W.24) Naik Md. Yeasin (Rtd.)(P.W.25), S......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 (......other accused were present, that as per order of Major Rashid they boarded into the truck and at that time Naik Shamsul Islam gave him ammunition. He further stated that their truck started before Fazar Ajan and when they reached by the side of Tejgaon Airport, Lt. Hasan directed them not to all......red in law in maintaining his conviction and sentence. The learned counsel has taken us to the evidence on record and argues that the prosecution has withheld vital witnesses such as, Sheikh Yunus Ali, Col. Moshiud Doula and Col. Mahmudul Hasan purposely as they would have been unfavourable to t......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. ......angstha and others.....................Respondents Judgment November 19, 1994. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (AJ Mohammad Ali, Advocate) with him), instructed by M Nawab Ali Advocate-on-Record—For the Appellants. ......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. ......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. ...... 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. ...... Allah. And Allah is full of knowledge and wisdom." 40. We have taken the translation from the revised and edited English translation of the Holy Qur'an by Alamo Abdullah You Ali, published by King Fad Holy Qur'an Printing Complex, Medina in 1940 Hire. The original translat......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....... J Azizullah (Md) and others.................Appellants Vs. State and others..............................Respondents Judgment January 14, 2009. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants. Moha...... 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. ......nt forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......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. ......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)
.... I agree. Ed. This Case is also Reported in: ......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......at Ali J. I agree. Ed. This Case is also Reported in: ......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: ......r Hashmat Ali J.- I agree. This Case is 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. ......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......by A. S. M. Khalequzzaman, Advocate-on-Record- For the Petitioners (In Civil Petition Nos. 2221 & 2222 of 2008). T.H. Khan, Senior Advocate with Rafique-ul Huq, Senior Advocate, A. J. Mohammad Ali, Senior Advocate and Ahsanul Khan, Advocate instructed by Md. Taufique Hossain, Advocate-on-Reco......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
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ...... 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: ......ed.….....Petitioner Vs. Mrs. Asrafunnessa Dana and another……....Respondents Judgment March 15, 2009. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Mr. Md. Nawab Ali, Advocate-on-Record-For the Petitioner. ......late Division Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S. Classic Fashion Limited.….....Petitioner Vs. Mrs. Asrafunnessa Dana and another……....Respondents Judgment ..Category: Civil Law | Date: | Hits: 110
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: ...... 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
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... petition is dismissed. Ed. This Case is also Reported in: ...... 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: ......……..Petitioner Vs. Md. Mofizul Haque (Jalal) and others……..Respondents Judgement January 7, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil ......: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Sadequl Alam……………..Petitioner Vs. Md. Mofizul Haque (Jalal) and others……..Respondents Judgement ..Category: Property Law | Date: | Hits: 27
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: ......y of Land and other. ……..Respondents Judgement 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 Res......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
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