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Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
....ispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......t the respondent did not respond and subsequently a reminder was issued on 27.4.2009 again requesting him to co-operate for re-examination of the goods on 30.4.2008 but he did not also respond this time; Rule 22(1) of the PSI Rules, 2002 provides that প্রত্য......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....rmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......respondents and moreover all further actions pursuant to the auction notice published on 20.7.2005 was stayed for a period of 3 months and the said order of stay was also subsequently extended from time to time; then on 28.2.2007 the matter of extension stay came up for hearing before the High C......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: ......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: ..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......007 and the High Court Division, after hearing, made the Rule absolute holding that the contents of the agreement show that the petitioners did not desire to sell that suit land and building at the time of the contract and so although the petitioners failed to pay the loan money within the speci......bmits that the High Court Division committed error of law in failing to consider that the agreement dated 10.11.2002 being a loan agreement for Tk.3,50,000.00, the appropriate remedy was a suit for recovery of money and so the suit for specific performance was not maintainable under section 21(a)......ns and so 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: ..Category: Property Law | Date: | Hits: 28
Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
.... filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ...... the lower appellate Court and in view of the above and further since the defendant petitioner did not claim any land from the land of plot No.533 the prayer for local investigation for the second time had no basis and accordingly the trial Court was justified in decreeing the suit and the lower......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: ......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: ..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....hers 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. ......ntrol room immediately as some armed men attacked the house of Serniabat, his brother-in-law; while he was trying to connect the police control room, the President came down to his room and by that time although he could connect Ganabhaban but there was no response from there; suddenly a barrage......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. ......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. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....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. ......ut 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 then both of them followed Mohiuddin (Lancer) ...... 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. ......lare monarchy, that they did not support monarchy and that they would have to follow the directions to be given by him and other officers and thereafter Farooque Rahman directed them to take arms from kote and as per such direction, they took arms from the kote and thereafter Mohiuddin the..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... 339. In the instant case, the convicts in the early morning (Fazar Prayer time) of 15th August,1975 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 (thre......ted for the determination of the Government, whose order upon such reference shall be final.’’ ...... 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.’’ ......ed money was being spent by the Government and what was the authority of the Government to protect, shelter and rehabilitate the criminals instead of bringing them to face trial. 362. The arms of law is yet much more longer and mighty than the devilish might and misdeeds of the despotic..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
.... and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......e” and not merely the points on which the Judges differed. No doubt in doing so, the two differing opinions have to be considered by the third Judge..................... At the same time, the word “case” normally would mean in the case of a number of appellants, the c......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. ......ptain Delwar, P.W.40 handed over the key of the KOTE. Later on he went to the Quarter Guard himself, and the Quarter Master JCO and the Guard Commander informed him that the soldiers took away the arms and ammunitions. He saw Lt. Col. Farook Rahman and Major Rashid were talking by the side of a ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....s 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. ...... Law of 15th August, 1975. Whether or not an F.I.R could have been lodged even after the promulgation of the said Ordinance was a matter of interpretation of law but one would think for the second time to file any case on the face of promulgation of such Ordinance giving protection to the accuse......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. ......iving different speeches which they believed as false with malafide motive to secure their support for the fulfillment of the criminal object, that the accused officers compelled the troops to take arms and ammunition from the kote although it was strictly prohibited as per rules, that despite t..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....ns 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. ......ready in the house of Bangabandhu. There is no reliable evidence on record, learned counsel submits, about Lt. Col. Syed Farooque Rahman’s presence in the house of Bangabandhu at the relevant time. In this connection the learned counsel has drawn our attention to certain portions of the evi...... based component of standardization efforts conducted by the International Organization on Computer Evidence was charged with the development of cross-disciplinary guidelines and standards for the recovery, preservation, and examination of digital evidence including electronic devices. In order ......e the table. There was a break of firing when Sheikh Kamal got down and stood on the verandah. The security staff accompanied him and at that time 3 / 4 army personnel in khaki and black dress with arms in their hands stood in front of them, the appellant Major Bazlul Huda shot on the leg of She..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....ot 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. ......the case of the plaintiff that it has leased out the land other then the land described in the 'Kha' schedule to others who have been described as tenant-defendants on monthly rent basis and at the time of P.S. survey instead of recording the land in suit in the name of the plaintiff, the record h......ing the same. 2. The suits were filed seeking declaration of title in respect of 30 decimals of land of R.S. Plot No.792 listed in R.S. Khatian No.1700 described in schedule 'Ka' to the plaint and recovery of khas possession of different quantity of land (part of the land described in schedule 'K......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. ..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....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. ......ery. 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 within the stipulated time, the Dockyard shall be liable to pay the purchaser a compensation @ Taka 1,000 only per coaste......iled to pay the same and "since the money is not forthcoming either from the opposite party No.1 or 6, the petitioner Sangstha has no alternative but to file this application for the recovery of its dues for which the opposite party Nos. 1 and 6 are jointly and severally liable.&q......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. ..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....s 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. ......air 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 'the speed of the motorcycle slow. At that time one of the accused persons shot the deceased. The bullet penetrated into the 3 back of his hea......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. ..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
..... 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. ......penditure so made was solely for the purpose of business. It has also been submitted by the learned Counsel that the institution of 'Zakat' and that the payment of 'Zakat' is the concept of a time when there was no concept of running business by the corporate body with the object of earning......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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
.... BLD (HCD) (2009) 327. ......ashava 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 an application under section 14(1) of the Pourashava Manual before......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. ......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. ..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....01; 14 MLR (HCD) (2009) 175. ......3(three) witnesses in support of their respective claims. 5. The Trial Judge on consideration of the materials on record arrived at a finding that the application for pre-emption was filed within time from the date of knowledge of the pre-emptor; that at the time of purchase the pre-emptee-petit......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
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ......otification dated 02.04.2003 issued by the respondent No.1 on or before 01.03.2007 intimating the same to the petitioner or his lawyer. But the respondent did not comply the same. 8. At the time of hearing of the Rule, the learned Advocate filed supplementary affidavit on be...... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ...... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....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 the second Judges case (Advocates-on-Record Association Vs. Union of India), 1993 (4) (SCC) 441 and the opinion of the Supreme Court in the Presidential Reference (Reference No. 1 of 1998). It is time the original balance of power is restored". 7. This recommendation is mainly based on the v......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. ......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. ..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....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: ......he dispute between the parties could be solved through arbitration, but the plaintiff without following the said terms of contract instituted the false suit which is liable to be dismissed as also time barred. On the other hand the added defendant No.2 Islami Bank also contested the suit contend......n Section 23 of Limitation Act and that fresh period of limitation begins to run at every moment of time during such breach of contract without considering the settled principle that the period for recovery of arrear rent having been fixed by Article 110 of schedule I of the Limitation Act at 3 ...... 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: ..Category: Civil Law | Date: | Hits: 110
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......inst co-sharers till legal partition is made by way of a decree for permanent injunction. The Court of Appeal below noticed that the defendants’ kabala dated 15.03.1998 is earlier in point of time as against the plaintiff’s kabala dated 15.04.1998. The Court of Appeal below considered......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: ..Category: Property Law | Date: | Hits: 29
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