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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... 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. ......AIR 1983 S.C. 75 Bhagwati, J. speaking for the majority observed as follows: “We can not allow the dead hand of the past to stifle the growth of the living present. Law cannot stand still; it must change with the changing social concepts and values. If the bark t..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....he subject no such deduction could be made. Defence cross-examined the analyst. The Magistrate allowed the defence to rely on this evidence, dealt with it as being the evidence in the judgment. The Rule, against the conviction was heard before two Judges, both of whom agreed that the conviction ......s while placing the evidence on murder of Sheikh Russel). Mr. Ajmalul Hossain, Q.C., described it as horrendous killing, Sr. Advocate Mr. Tawfique Newaz, Sr. Advocate Mr. Abdul Matin Khasru, former Law Minister, Sr. Advocate and President of the Supreme Court Bar Association, Mr. A.F.M. Mesbahud..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
.... by delivering them to the military authority. 504. On perusal of the Order No.11 dated 24.03.1997, it appears that the learned Sessions Judge sent a notice to the Chief of Staff Army under Rule 2 of Cr.P.C. Rule (Military Offenders), 1958 in respect of the trial in the Sessions Court. I......Huq–Vs-Bangladesh reported in 34 DLR (AD) 125 at page 138, paragraph 37 the Appellate Division of the Supreme Court has quoted with approval of the observations of Prof. Holland published in Law of Court Martial (Current Legal Problem 1950 at Page 193) which reads as follows: ..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....ore the criminal justice system are to balance the rights of the citizen as well as of the accused while dispensing speedy and effective justice in order to ensure a welfare state for its citizens. Rule of law is meaningless unless there is access to justice for the common people. Plea o......e. 629. There is another factor which should not be ignored in considering the delay in lodging the FIR. After the incident Khondker Mostaque Ahmed usurped the power and proclaimed Martial Law on 20th August, 1975 and assumed the office of the President of Bangladesh with retrospective ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... 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. ......, AIR 1983 S.C. 75 Bhagwati, J. speaking for the majority observed as follows: “We can not allow the dead hand of the past to stifle the growth of the living present. Law cannot stand still; it must change with the changing social concepts and values. If the bark..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....by the defendants of the respective suits, by leave, are against the judgment dated April 9, 1997 in Civil Revision No.7556 (heard along with Civil Revision Nos.7557 and 7558 of 1991) discharging the Rules obtained against the judgment and decree dated July 28, 1991 of the 2nd Court of Subordinate J......…................Appellants (In Civil Appeal No.128 of 2001) Vs. Sitakundu Chandra Nath Chatuspaty Tole and others….......Respondents (In all the appeals) Judgment April 9, 2006. Lawyers Involved: Abdul Quayum, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-r..Category: Tenancy Law | Date: | Hits: 176
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....This petition for leave to appeal is directed against the judgment and order dated 15.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No.2862 of 1995 disposing of the Rule with modification. 2. Short facts are that the plaintiffs instituted Partition Suit No....... Md. Sohrabuddin Molla.................................Petitioner Vs. Aminul Islam and others..............................Respondents Judgment February 25, 2004. Lawyers Involved: Shahidul Islam, Advocate instructed by ASM Khalequzzaman, Advocate-on-Reco..Category: Property Law | Date: | Hits: 22
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....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. ...... Commissioner of Taxes, Companies Circle-19...............Respondent (In all petitions) Judgment April 8, 2008. Lawyers Involved: Abdur Razzaq, Senior Counsel, Supreme Court of Bangladesh, instructed by M..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....e High Court Division under section 561A of the Code of Criminal Procedure seeking to quash the above proceeding of the Non FIR Case No.793 of 1997 and after hearing the High Court Division, made the Rule absolute and directed the respondent No.2 to hand over possession of Holding Nos.59 and 59/......zzul Islam J Md. Joynul Abedin 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-Reco..Category: Criminal Law | Date: | Hits: 62
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
.... Shahidul Islam-For the opposite party No. 2. Ms. Maksuda Akter, Assistant Attorney General-For the State. Criminal Miscellaneous Case No. 3889 of 2005. Judgment Md. Rais Uddin J. - This Rule on an application under section 561A of the Code of Criminal Procedure was issued at the instan......hmud and others Vs Mamtazuddin and another, 36 DLR (AD) 14, Syed Ali Mir and another, 42 DLR (AD) 240 Islam Ali Mia alias Md. Islam vs. Amal Chandra Mondal and another, reported in 45 DLR (AD) 27. Lawyers Involved: Md. Zahirul Islam with M. Masud Alam Chowdhury, Advocates-For the accused petit..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
.... Md. Ekram Hossain 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. Lawy......an 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: Md. Golam Mostafa with A.K.M. Rezaul Karim Khandaker, Advocates-For the Pre-emp..Category: Property Law | Date: | Hits: 37
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....e Respondents. Writ Petition No. 10488 of 2006. Judgment Md. Nuruzzaman J.- This Rule Nisi was issued calling the respondents to show cause as to why the long and unreasonable stay......s. Judgment November 08, 2009. Cases Referred to- Abdur Rahim and others Vs. Bangladesh, 48 DLR 538; Director General NSI Vs. Md. Sultan Ahmed, 1996 BLD (AD) 76. Lawyers Involved: Abdur Rab Choudhury, with Mrs. Syeda Anwara Satter, Advocate-For the Petit..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....espondent No. 4. Writ Petition No. 2147 of 2007. Judgment Md. Nuruzzaman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No. 07(X&ET......epresented by Secretary Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others……….Respondents. Judgment August 26, 2009. Lawyers Involved: Mostafa Niaz Mohammad, with Ms. Jubaida Gulshan Ara, and Md. Humayun Basha..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....the right to bring an action or to be heard in a given forum.” 28. In this regard, another aspect of the case could not be lost sight of as the appellant-Judges were neither given notice of the Rule nor were given any hearing before dislodging their constitutional position as a Judge and that ......V. Secretary of State for Home Department, Ex p. Hosenball, (1977) 1 WLR 766; Re-amendment of the Constitution of Canada (1981) 123 DLR (3rd)1; Hefzur Rahman Vs. Shamsun Rahar Begum 51 DLR(AD)172. Lawyers Involved: Mahbubey Alam, Attorney General with Enayetur Rahim, Additional Attorney Genera..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....ad Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 12.02.2007 passed by the High Court Division in Civil Revision No.678 of 2002 discharging the Rule under Section 115(1) of the Code of Civil Procedure affirming the judgment and decree dated 19...... Joynul Abedin J Md. Yakub Ali…………….Petitioner Vs. Nazir Ahmed and others.......Respondents Judgment January 18, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not repres..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... Division observed that the facts and circumstances of that case are quite different and not identical with those of present case. With the aforesaid finding the High Court Division discharged the Rule. 6. In view of the above, we find no substance in the submissions of the learned Advoc......Sadequl Alam……………..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 represe..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
.... This petition for Leave to Appeal is directed against the judgment and order dated 29.01.2007 passed by a Division Bench of the High Court Division in writ petition No.8488 of 2005 discharging the Rule. 2. The facts leading to the writ petition are that for establishment of Jute Mills, th...... The Government of the People’s Republic of Bangladesh represented by Secretary Ministry of Land and other. ……..Respondents Judgement February 27, 2007. Lawyers Involved: Mohammad Ozair Farooq, Senior Advocate, instructed by Mr.Mohammad Nawab A..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....d Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 06.11.2006 passed by the High Court Division in Civil Revision No.2350 of 2002 disposing of the Rule setting aside both judgments and decrees of the Courts below declaring all the suit schedule ......ip;…………………...Petitioner. Vs. Rustom Khan and others………...Respondents. Judgement July 1, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not ..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....ne of BDR force are governed by The Bangladesh Rifles Order, 1972(P.O. No.148 of 1972), The Bangladesh Rifles (Special Provisions) Ordinance, 1976 (Ordinance No. LXXXV of 1976), The Bangladesh Rifles Rules, 1971, The Rifles Regulations, 1922 and other relevant rules made by the Government (herein af...... the President should be binding on all courts in the country including the High Court Division except the Appellate 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..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....p; SAN 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 ...... Vs. Salema Khatun and others...........................Respondents Judgment May 24, 2009. Cases Referred To- 28 DLR (AD) 5; 20 DLR 80; 33 DLR (AD) 113. Lawyers Involved: Abu Bakkar Siddique, Advocate (Appeared with leave of the Court) instructe..Category: Property Law | Date: | Hits: 38
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