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State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......he Superintendent of Police, Tangail of his Memo No. 1023 dated 16.2.91. 5. As it appears on the question of sanction for the prosecution the High Court Division found that there is no evidence on record showing such sanction from proper authority though for prosecution of the accused, a governme......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ..Category: Criminal Law | Date: | Hits: 63
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: ......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: ......in each shop and executed the covenant in presence of witnesses and duly made over the possession of the suit premises to the petitioners and that the monthly rent was fixed at Tk.400/- along with service charge against water, sewerage, ground rent etc against each shop and there is also clause ..Category: Property Law | Date: | Hits: 48
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ...... in the plaint inasmuch as in the original plaint also the plaintiff asserted that her name was mutated without mentioning the number of mutation case” is an error apparent on the face of the record because the plaintiff did not state anything like that anywhere in the original plaint and ......aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 24
Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
....order dated 7.5.2009 of the High Court Division passed in Writ Petition No.2775 of 2009 making absolute the Rule obtained challenging the inaction of the petitioner Nos. 1-3 for releasing the goods imported by the respondent inspite of passing of release order earlier and also challenging t......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)
....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: ...... to arrive at an amicable settlement with the auction purchaser out of court but the petitioners failed. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision......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: ......red in transactions involving immovable property and not in relation to recovery of loan money. 4. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and already answered the above submissions and so there is no ......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)
....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: ......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
....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. ......ned on 15th August, 1975. 3. The police then took up the investigation, visited the place of occurrence, prepared sketch map with index thereof, seized alamats, examined the witnesses and recorded their statements under Section 161 of the Code of Criminal Procedure, produced some of the...... informant P.W.1 A.F.M. Mohitul Islam was all along in Dhaka after the occurrence and he joined as a receptionist in the Bangabhaban on 3rd September, 1975 after the occurrence and continued in service till he filed the F.I.R. on 2.10.1996 after a long lapse of more than 21 years. This unrea..Category: Criminal Law | Date: | Hits: 310
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. ...... Rahman came to the varendha of his office and some times thereafter they jointly left the place with a jeep. 182. The above evidence shows that Major Rashid and Farooque Rahman, who as the records show are close relation, arranged the night parade on 14th night with a view to fulfill the......or General Ziaur Rahman became the exclusive powerful leader and that after taking over power, he repatriated the officers involved in the killing of 15th August and 3rd November by arranging their service at foreign embassies of Bangladesh. He further stated that those officers made abortive at..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... 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.’’ ......of "Karbala massacre" in the hand of devil forces of Yeazid. 342. They all in unison with chocked voice sought justice narrating the events unfolding the evidence and materials on record as to how brutally the convicts perpetrated the incident and how the criminals were protecte......afayet Jamil, how a Police Officer of the local Police Station driven out the P.W.1 A.F.M. Mohitul Islam with filthy language refusing to record F.I.R. from him apprehending threat on his life and service, which came true shortly with the passing of the Indemnity Ordinacne,1975 by Khonkder Musta..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....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. ......earned Judge was completely free in resolving the difference as he thinks fit. So we do not find any illegality in the judgment and order passed by the third learned Judge. Having gone through the record we also find that the third learned judge delivered the judgment in accordance with Section ......rs that Section 35 of the Navy Ordinance, 1961 defines mutiny which reads as under: “35. In this Ordinance, mutiny means a combination between two or more persons subject to service law, or between persons two at least of whom are subject to service law- (a) t..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....st three distinct though kindred conceptions, in the following terms: “(1) We mean, in the first place, that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordi...... a welfare state for its citizens. Rule of law is meaningless unless there is access to justice for the common people. Plea of Mutiny 641. It was argued that the evidence on record revealed that the killing and the change of power on 15th August, 1975 was a result of......nt and the authority in the armed forces supported their action by expressing allegiance in favour of the change. Md. Reajul Haque (P.W.37) stated in chief that at about 9 A.M. the Chiefs of three services, the B.D.R. chief, the I.G. of Police were brought by Major Dalim at Studio No. 2 and thei..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. ......ents. The statements disclosed by those witnesses were clear and conveyed that the four appellants and others were the perpetrators of murder. Their statements are corroborated by other evidence on record. These accused appellants can be convicted relying upon these extrajudicial confessions as ...... 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. ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....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. ......tuspaty 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 Appellants (In all the appeals) Abdul Wadud Bhuiyan, Senior Advocate (Harendra Nat......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. ......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. ......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)
....-4-1987 the Dockyard Group stated that Tapashee in fact, took Taka 26,60,000 from the Dockyard on various dates from 27-10-1980 to 15-5-1981 by signing payment vouchers agreeing in return to supply goods to the Dockyard for construction of the two coasters. Tapashee failed to supply the......ka 14 lakh to the Dockyard there was no dispute, but the payment of the second instalment of Taka 28 lakh was very much disputed. The High Court Division upon scrutinising the facts and evidence on record and the submissions made on behalf of the Dockyard Group clearly found that Taka 28 lakh as......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. ......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. ......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. ......Mr. Anisul Huq and Mr. Abdul Baset Mojumder, learned Counsel appearing for the respondent and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. Mr. S.M. Abdul Mobin, learned Deputy Attorney General submits that the complicit......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)
....masakin, pl. of miskin, which is derived from sakana meaning it became still or motionless. Mis-kin therefore, signifies one caused by poverty to have little power of motion (LL.). There exists a good deal of difference as to the real distinction between the two words faqir and miskin; but, ke......iness of the Bank flourished or expanded and, as such, payment made is very much covered by the Provision of section 29(1)(XXVII) of the Ordinance is also of no substance since there is nothing on record to show that the payment said to have been made on account of 'Zakat' if would not have been......heads of expenditure of zakat in note 1320 explained as under: "1320. Alms or charitable gifts are to be given to the poor and the needy and those who are employed in their service. That is, charitable, funds are not to be diverted to other uses, but the genuine expenses..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.......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.......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
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