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Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... 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 Apri......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 ...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..Category: Constitutional Law | Date: | Hits: 167
.... C. A. No. 247-250 of 2005 and to pay the unpaid bills, if any, of the writ petitioner for the work already done in accordance law.
Cases Referred To-
Sharping Matshjibi Samabaya Samity Ltd. vs Bangladesh and others 39 DLR (AD) 85; Mesbahuddin Ahmed Vs. Government of Bangladesh and orders 47 D......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......
Supreme Court
Appellate Division
(Civil)
Present:
MM Ruhul Amin CJ
Mohammad Fazlul Karim J
Md. Tafazzul Islam J
Md Joynul Abedin J
Shah Abu Nayeem Mominur Rahman J
Md. Abdul Aziz J
Superintendent Engineer, RHD Sylhet & others……….Appellants (In Civil Appe......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. ..
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)
....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: ............ 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......uq…………........ Petitioner (In Civil Review Petition No.113 of 2008) 5. Kh. Aftabuddin Ahmed........ Petitioner (In Civil Review Petition No.114 of 2008) 6. Abdul Malek………………......... Petitioner (In Civil Review Pet......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: ..Category: Property Law | Date: | Hits: 48
Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
....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: ......afazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The Commissioner of Customs and others…………………….... Petitioners. Vs. Faridul Alam……………………...... Respo...... 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)
.... 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, Ministry of law, Justice & Parliamentary Affairs, Banglad......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......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)
....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: ...... (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam and others ........ Petitioners. Vs. Md. Abdur Rouf....... Respondent. Judgment March 9, 2009. Lawyers....... Ed. This Case is also Reported in: ......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
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....) 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; State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153; Jamil Huq Vs. Bangladesh, 34 DLR (SC) 125; Balbir Singh and another V. State of Punjab (1995) 1 SCC 90; Joginder ......;.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…………………………...... Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......the evidence on record as well as facts and circumstances of the case by judgment and order dated 08.11.1998, acquitted four of the accused persons, namely,1. Taheruddin Thakur, 2. Hon. Captain A. Wahab Joarder, 3. Dafader Marfat Ali Shah (absconding), 4. L.D. Md. Abul Hashem Mridha (absconding)..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....ing at Bangabhaban. P.W.37 stated that after the incident he at the Studio No.2 of the Radio Station, saw Shahriar, along with other co-accuseds were preparing speech of Khondker Mostaque Ahmed of Bangladesh Radio on 15th August 1975 at 7 a.m. P.W.42 stated that he found Shahriar, Mohiuddin......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......overnment of Sheikh Mujibur Rahman and in consequence of such revolt only, the President and his family members were killed by the army in which the appellants were not involved. 193. Mr. Abdullah-Al-Mamun, learned counsel appearing for the appellant Bazlul Huda and Mohiuddin(Lancer) fu......his company, stated that Bazlul Huda and 3 other army personnel were from the field artillery units, on 15th August, 1975 at about 5 A.M. he along with other guards noticed that Subedar Major Abdul Wahab Joarder was getting down from the jeep in front of the house situated on Road No.31 where he..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....r,1975 by him/Major Gen. Khaled Mosharaf and inclusion of the Indemnity Ordinance, 1975 in the schedule of 5th Amendment of the Constitution and rehabilitating them in different foreign missions of Bangladesh by President General Ziaur Rahman and subsequently by the next President General H.M. E...... 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.’’ ......inhuman (he burst into tears 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 Associ...... 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
....ed brother Md. Tafazzul Islam, J in his judgment has extensively discussed the facts, relevant laws, grounds of delay in lodging the FIR including the background and the scenario which prevailed in Bangladesh after the assassination of the Father of the Nation, Bangabandhu Sheikh Mujibur Rahman, ......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. .......M. Rashed Chowdhury, Major A.K.M. Mohiuddin (Lancer), Lt.Col. S.H.B.M. Nur Chowdhury, Lt. Col. Md. Aziz Pasha, Lt. Col. Mohiuddin Ahmed (Artillery), Risalder Moslemuddin @ Moslehuddin and Captain Abdul Majed and accordingly dismissed the Criminal Appeal No.2616 of 1998 filed by accused Lt. Col.......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
....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 effect from 15th August, 1975. Thereafter he promulgated the Indemni......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......in support of the charge of criminal conspiracy for killing Bangabandhu Sheikh Mujibor Rahman and his family members, rather the evidence of Lt. Col. Abul Basher B.A. (P.W 7), Lt. Col. (Rtd) Abdul Hamid, (P.W.9), A.L.D. Sirajul Haq, (P.W.12), Habilder Md.Aminur Rahman(Rtd), (P.W.24), Naik......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. ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....nd beyond reproach the same can be relied upon and a conviction can be founded thereon.” 747. Therefore, I find that there is uniform views of the Supreme Courts of Bangladesh and India that if an extra judicial confession is reliable and the evidence of such con......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 ......ir statements are corroborated by other evidence on record. These accused appellants can be convicted relying upon these extrajudicial confessions as well. Charge of murder 748. Mr. Abdullah-Al-Mamun, learned counsel appearing for the appellant Major Bazlul Huda and Major A.K.M.Mo......t 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 on Road No.31 where he along wi..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....sion held that there was no basis for the preparation of the Ext. D in the name of one of the defendants. It is in the evidence of D.W.2 that he erected huts after '2/1' year of the liberation war of Bangladesh. D.W.2 has stated that he has no paper to show that his father and after him he is on the...... 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) ......pellants (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-record-For the Appella......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
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Sohrabuddin Molla.................................Petitioner Vs. Aminul Islam and others..............................Respondents Judgment F......is sister Shonajan. Thereafter, Shonajan transferred 1.20 decimals of land to her sister's son Shamsuddin by a registered deed of gift dated 04.11.1936. Shamsuddin and Atarjan sold the suit land to Abdul Wahed, the predecessor-in-interest of the plaintiff. In this way the plaintiffs became owner......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ..Category: Property Law | Date: | Hits: 22
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....bsp; Dira Dockyard and Engineers Ltd. and others...................Appellants Vs. Bangladesh Shilpa Rin Sangstha and others.....................Respondents Judgment N......sp; Dira Dockyard and Engineers Ltd. and others...................Appellants Vs. Bangladesh Shilpa Rin Sangstha and others.....................Respondents Judgmen......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. ..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Golam Rabbani…………………………….Petitioner Vs. Chairman, Court of Settlement and others……………..Respondent Judgment December 4...... Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ..Category: Property Law | Date: | Hits: 32
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....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......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)
.... Md. Hassan Ameen J Md. Abdul Matin J Islami Bank Bangladesh Ltd..............Petitioner (In all petitions) Vs. Commissioner of Taxes, C......bsp; Md. Abdul Matin J Islami Bank Bangladesh Ltd..............Petitioner (In all petitions) Vs. Commissioner of Taxes, Companies Circle-19...............Respondent (In all petitions) ......; Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Islami Bank Bangladesh Ltd..............Petitioner (In all p......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
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....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....... 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. ...... 1997 and in the report dated 18-11-1997 filed in the above proceeding, SI Azizur Rahman of Motijheel Police Station, DMP, was shown as the First Party, Manowara Islam, the respondent No.3, and one Abdul Alim were shown as Second Party while the respondent No.4, along with Nawab Ali Yar Khan and A......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...Category: Criminal Law | Date: | Hits: 62
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....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. ......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 ......and another reported in 56 DLR 169 Queen Vs Okhoy Coomar Shaw 13 BLR 307 (FB). Bhuaban Mohan Das Vs Surendra Mohan Das AIR 1951 Cal. 69 Velji Raghavji Patel Vs State of Maharashtra AIR 1956 (SC) 1433 Abdul Gafur Vs Dr D Ahmed, 3 DLR 449, State Vs Syed Imtiaz Uddin Hossain 17 DLR 382, Nasiruddin Mahm......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
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