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Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

....­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ......vocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No.272 of 2006. (From the judgment and order dated the 24th and 25th of October, 2005 passed by the High Court Division in Writ Petition No..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)

.... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......cted by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.750 of 2006. (From the judgment and order dated the 23rd November, 2005 passed by the High Court Division in Civil Revision No.1481 of..

Category: Property Law | Date: | Hits: 38

Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)

....re 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: VI ADC (2009) 772. ...... Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-60. Civil Petition for Leave to Appeal No.1854 of 2007. (From the judgment and order dated 5.11.2007 passed by the High Court Division in Civil Revision No.3516 of 2002). ..

Category: Property Law | Date: | Hits: 23

Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)

....d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......cted by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 324 of 2006 (From the judgment and order dated 01.08.2005 passed by the High Court Division in Civil Revision No. 1283 of 2000.) ..

Category: Property Law | Date: | Hits: 32

Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)

....ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......;            Not represented- the Respondents. Civil Petition for Leave to Appeal No. 486 of 2006 (From the judgment and order dated 9.2.2006 & 12.2.2006 passed by the High Court Division in Civil Revision No. 3714 ..

Category: Property Law | Date: | Hits: 26

Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)

....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......uct­ed by A K M Shahidul Huq, Advocate-on-Record-For Respondent Nos.1-13 and 17-20. None represented-For Respondent Nos.14-16 and 21-87. Civil Appeal No. 310 of 2001 (From the judgment and order dated the 8th day of November, 1998 passed by the High Court Division in Civil Revision No. 14..

Category: Property Law | Date: | Hits: 31

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

....e appeals are allowed with­out any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ......ourt Division in Writ Petition No. 62 of 2000 with Writ Petition No. 5362 of 2000). Judgment Mohammad Fazlul Karim J.- All these appeals by leave arose out of the same and sin­gle judgment and order of the High Court Division making the rules absolute in Writ Petition Nos. 62 of 2000 and 5362..

Category: Employment/Service Law | Date: | Hits: 118

Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)

.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... residence of the then President of Bangladesh at Road No. 32, Dhanmondi, Dhaka and some other places also. The appellant who was then a Major in the Bangladesh Army performed his duties under the orders of his superiors who were above him in the rank of Colonels, Brigadiers and Major Generals e..

Category: Constitutional Law | Date: | Hits: 167

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

....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. ......Petition No. 01 of 2005) Judgment July 19, 2009. Result: The petition under Article 104 of the Constitution is rejected. The Contempt Petition No.1 of 2005 is rejected. The appellant is ordered to refund the earnest money of TK. 23,00,000.00 within 45 days with interest at the rate of ..

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. ......1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal. Lawyers Involved: Abdur Razzaque Khan, Add..

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: ......am, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents (In all the cases) Civil Review Petition Nos. 110-116 of 2008. (From the judgment and order dated 5.6.2008 passed by the Appellate Division in Civil Petition for leave to Appeal Nos.163..

Category: Property Law | Date: | Hits: 48

S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)

.... 3. The learned counsel appearing for the petitioner submits that though the High Court Division in its judgment found to the effect “On the face of the order it appears that this is a non-speaking order and no reason has been assigned for allowing the amendment and the court below has n......ahmudul Islam, Senior Advocate, instructed by Mr. Ahsanullah Patwary, Advocate-on-Record-For the Respondent. Civil Review Petition No. 82 of 2004. (From the judgment and order dated 12th May, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal N..

Category: Property Law | Date: | Hits: 24

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: ......fia Khatun, Advocate-on-Record- For the Respondent.          Civil Petition for Leave to Appeal No. 1031of 2009. (From the judgment and order dated 7.5.2009  passed by the High Court Division in  Writ Petition No. 2775 of&nb..

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:   ......am, Advocate-on-Record-For the Respondent No.4 Not represented- Respondent Nos.1-3. Civil Petition for Leave to Appeal No. 524 of 2009.    (From the judgment and order dated 01.02.2009 passed by the High Court Division in Writ Petition No. 7492 of 2005). ..

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:  ......dvocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 154  of 2009. (From the judgment and order dated 2.11.2008 passed by the High Court Division in Civil Revision No. 3989 of 2007). ..

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: ...... instructed by Mr. Bivash Chandra Biswas, Advocate-on-Record- For the petitioner. Not represented- the Respondents. Civil Review Petition No. 174 of 2008 (From the judgment and order dated 3.6.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1764..

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. ......) (5) Major (Retd.) A.K.M. Mohiuddin Ahmed (Lancer), hereinafter referred to as Bazlul Huda, Farooque Rahman, Sultan Shahriar, Mohiuddin (Artillery) and Mohiuddin (Lancer), against the judgment and order of conviction and sentence dated 30.04.2001 passed by the High Court Division in Death Refer..

Category: Criminal Law | Date: | Hits: 310

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

....ourt to apply to an ongoing Act a construction that continuously updates its wordings to allow for changes in an Act which was initially framed. While it remains law it has to be treated as always speaking.  Further Bhagabati J in the case of National Textile Workers’ Union V. PR Ram.......Ws. 11, 12, 13, 14, 18, 21, 22, 23,24, 25, 26, 27,32, 34, 39, 40, 53. 163. P.W.11, stated that he was a member of unit he on reaching at the parade ground he noticed that the parade was disorderly, that in the parade Farooque Rahman came there along with Major Ahmed Hossain and then Faro..

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.’’  ......, 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 constit..

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. ......be laid before a third Judge, and this necessarily means that the whole case has to be referred to the third Judge and not merely the point or points on which the Judges differ. The judgment or order shall follow the opinion given by the third judge.”  477. So far as the ..

Category: Criminal Law | Date: | Hits: 208