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....itioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......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 ......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
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....r 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. ......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......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)
.... 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: ......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......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
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
.... the Code of Civil Procedure in the above suit praying for amendment of the plaint stating, inter alia, that due to over sight at the time of filing of the suit the learned lawyer of the plaintiff made some mistakes and as such the plaint should be amended. The petitioners, who were the defendan......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: ......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......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)
....e L/C on 4.3.2009 for importing heavy melting steel scrapes and on arrival of the goods submitted Bill of Entry on 6.4.2009 for release of the imported goods and then the Customs authority having made assessment, he paid the entire taxes and duties as per assessment order and then the Customs au......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......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, Bangladesh S......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). ......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)
....000.00 including a solatium of Tk.4,50,000.00 within 3(three) months from the date of judgment. 2. The respondent No.1 filed Other Suit No.44 of 2005 in the Court of Senior Assistant Judge, Sadar, Thakergaon, for specific performance of contract on the averments that the suit land measuri......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). ......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)
.... 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: ...... 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......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
...., 2009. Cases Referred to- Md. Shafi vs.The Crown 6 DLR (WP) 104 (FB); Abdur Razik v. The State, 16 DLR (WP) 73; Hethubha v. State of Gujrat AIR 1970 SC 1266;Union of India v Ananti Padmanabiah (1971) SCC (Crl) 533; Sajjan Singh v.State of U-P, 1999 SCC 315 (Cri) 44; Mahim Mandal v......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......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. ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....nal conspiracy relied on the depositions of P.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 ther...... 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. .......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...... 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. ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....heikh Kamal and Sheikh Jamal and Sheikh Naser Rahman, the brother of the President along with other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. 340. Mr. Anisul Huq, the Chief Prosecutor for t...... 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...... 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
....erence of opinion between the judges of the Division Bench. From a long series of cases, it has come to our notice that the Supreme Court of the Sub-continent has categorized the cases into two broad groups. Firstly, where there is difference of opinion in respect of all the accuseds i.e. where ......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 ......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
....es on whose evidence the prosecution relies have no motive for implicating the accused.” 628. The informant has implicated only 14 accused persons in the F.I.R, of them, he made specific allegation of overt act against the appellant Major Bazlul Huda and identified 3 other......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. ...... murder is a cognizable offence and for such offence the officer-in-charge of a local Police Station is under an obligation to lodge an F.I.R. and to hold investigation into the offence without an order of a Magistrate and to submit his report under section 173 of the Code. Even in cases of suic......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
....to use the digital evidence produced by the prosecution in this case. ...... 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. ......r conviction and sentence. 752. Before we deal with the contentions of the learned counsels, it will be necessary to keep in view the limited scope in these appeals against the judgments and orders of conviction and sentence as rendered by the High Court Division as well as the trial Cour...... 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)
....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 Nath Nandi, Advocate, Shubrata Chowdhury, Advocate with him,......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. ...... land in suit plaintiff has been dispossessed, that at the time of P.S. survey in connection with the preparation of the Khatian Miscellaneous Case No.95 dated 25.11.1961 was initiated and from the order-sheet (Ext. c) of the said Miscellaneous case, it is seen that there was a local inquiry and a......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)
....interest of the plaintiff. In this way the plaintiffs became owner of the suit land. 3. The defendant Nos.1-3 contested the suit by filing written statement denying the material allegations made in the plaint. Their case is that the suit land belonged to Shumai Mallik who died leaving wif......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. ......or the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1400 of 2002. (From the judgment and order dated 15.06.2002 passed by the High Court Division in Civil Revision No.2862 of 1995.) ......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)
....nbsp; Dira Dockyard and Engineers Ltd. and others...................Appellants Vs. Bangladesh Shilpa Rin Sangstha and others.....................Respondents Judgment Novemb......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. ...... time, the Dockyard shall be liable to pay the purchaser a compensation @ Taka 1,000 only per coaster per day for the period of such default. 7. It is the case of the Sangstha that the work order was placed on 28-10-1980 and the latest date of delivery of the vessels was 16-12-1981. The S......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)
....ordingly, 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. ......nstructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondents. Civil Review Petition No. 143 of 2008. (From the judgment and order dated 8th July, 2008 in Civil Appeal No. 284 of 2001). Judgment MM Ruhul Amin CJ. - By......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)
....e deceased Advocate Md. Habibur Rahman Mondal alias Habib Mondal was the General Secretary of Sutrapur Thana B.N.P. and the Joint Secretary of the Dhaka District Bar Nationalist Ainjibi Forum. He had bitter enmity and rivalry over local politics with accused Sahidur Rahman alias Shahid, Commissi......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. ......hatun, Advocate-on-Record- For the Respondent (In Criminal Petition No.336 of 2008). Criminal Petition for Leave to Appeal Nos. 335-336 of 2008 and 125 of 2009. (From the judgment and order dated 30.01.2008 passed by the High Court Division in Death Reference No.58 of 2003 heard wit......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)
..... Hassan Ameen J Md. Abdul Matin J Islami Bank Bangladesh Ltd..............Petitioner (In all petitions) Vs. Commissioner of Taxes, Compan......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. ...... 31 of 2000, 32 of 2000 and 24 of 1997 answering the question in the first two reference cases in the affirmative and in the last mentioned reference case in the negative and thereby upholding the order of the Taxes Appellate Tribunal dated February 14, 2000 and September 4,1995 affirming the or......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
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