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Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

....Sylhet Road Circle, Sylhet and the Additional Chief Engineer, RHD, Comilla Zone, Comilla Circle in the process of evaluat­ing the bids whereby suggesting subse­quent necessary action to be taken by amending the comparative statement of the respective responsive bids regarding the construction of 4......ate of 12% from the date of cancellation of contracts till realization in 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 DL..

Category: Civil Law | Date: | Hits: 212

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. ......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: ......t water, sewerage, ground rent etc against each shop and there is also clause in the covenant providing that if the petitioners failed to pay six months rent, the plaintiff can take the shelter of law to recover the rent and that the plaintiff always made delay in receiving rents and that the pl..

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: ......hin the restricted list of the Import Policy Order 2006-2009 and accordingly the Customs Authority, held up the delivery of the imported goods and took steps to start proceedings in according with law; the respondents then made representations on 12.4.2009 and 22.4.2009 to the petitioners admitt..

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:   ...... Mrs. Zinnatul Ara and others……….............Petitioners. Vs. Government of the People’s Republic of Bangladesh, represented by Secretary, Ministry of law, Justice & Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.... ..

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:  ......lthough the petitioners failed to pay the loan money within the specified stipulated period and then within the extended period but in view of section 22 of the S. R. Act, the said failure does not lawfully entitle the respondent No.1 to get a decree for specific performance of contract for tran..

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: ...... 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 appellate Court, upon misconception of law and fact, reversed the judgment and decree of the trial Court. 3. It further appears the..

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. ...... the telephone line and after he took the receiver the President told him to get in touch with the police control 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 an..

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. ......e is no reliable evidence regarding Sultan Shahriar complicity in the murder of the President and members of his family; he did not go to House No.677 at Dhanmondi; the High Court Division erred in law in relying upon the testimony of P.W. 14 to prove his presence at the night parade at Balurgha..

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.’’  ...... Counsel, Mr. Ajmalul Hossain, Q.C., strongly voiced that role of Government vis-a-vis state as guardian of the people is to protect, safeguard and uphold the right and liberty of its citizens and law and order of the country. But after killing of the President, General Ziaur Rahman hijacked the..

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. ...... all the accuseds i.e. where first learned Judge acquitted all accuseds and the second learned Judge convicted all, and secondly, when there is difference of opinion either on evidence or points of law leading to conviction under different provisions of law or acquittal of some of the accused pe..

Category: Criminal Law | Date: | Hits: 208

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five

....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. ......ngladesh and the Proclamation of Martial 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 O..

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. ...... Court   observed as follows:  “It thus appears that extra-judicial confession appears to have been treated as a weak piece of evidence but there is no rule of law nor rule of prudence that it cannot be acted upon unless corroborated. If the evidence about e..

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. ......or 10 years since the date of dispossession and thereby allowed the defendants to believe that they are the owners of the land in suit, that the appellate Court against the estab­lished principle of law that the plaintiff is to establish his case and can not have the relief on the weakness of the d..

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. ......e allowed their appeal. 28. The learned Counsel for the Sangstha defending its case against the directors argued that the directors being agents of the company, the general principles of the law of principal and agent regulate the relationship of the company and its directors. In the pres..

Category: Business or Commercial Law | Date: | Hits: 311

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. ......nd 2086 of 2003 acquitting the convict appellants namely Shahidur Rahman alias Shahid and Tonai Mollah. 3. All the petitions are being disposed of by the same judgment as common questions of law and facts are involved therein. 4. The facts, in short, are that the deceased Advocate ..

Category: Criminal Law | Date: | Hits: 63

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. ......aled and sought to be  reviewed  was quite  elaborate and  no exception has been taken by the petitioner as to narration of the facts in the judgments. 4. The question of law that was made the subject matter of Reference cases is, whether the expenditure on the head 'Z..

Category: Fiscal/Taxation Law | Date: | Hits: 145

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. ......ore 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 how this law gradually developed and settled in the sub-continent. Their Lordships held as under: “In India..

Category: Criminal Law | Date: | Hits: 93

Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)

....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. ...... wrongly in holding that the pre-emptee purchaser is not a co-sharer in the tenancy and thereby illegally affirmed the decision of the trial Court. He next submits that both the Courts below erred in law in deciding the question of limitation in a casual manner without properly discussing and consid..

Category: Property Law | Date: | Hits: 37

Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)

....;                   Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......as to why the long and unreasonable stay order dated 28.10.2004 as in Annexure–C to the writ petition against the petitioners appointment should not be declared to have been made without any lawful authority and is of no legal effect. 2. It is the case of the petitioners’ are ..

Category: Constitutional Law | Date: | Hits: 132