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

....spiracy is given and accepted the evidence of statement, act or deed made by one conspirator in reference to the common intention becomes admissible against all.  669. Anwarul Huq, J. speaking for the majority of the Supreme Court of Pakistan in Zulkikar Ali Bhutto V. State PLD 197...... 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..

Category: Criminal Law | Date: | Hits: 228

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

....t to apply to an on going Act a construction that continuously updates its wordings to allow for changes since the Act was initially framed. While it remains law, it has to be treated as always speaking. This means that in its application on any day, the language of the Act though necessaril......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..

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. ...... 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..

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. ......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.) ..

Category: Property Law | Date: | Hits: 22

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. ...... 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..

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. ......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..

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. ......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..

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. ...... 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..

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.......structed by Nund Islam Bhuiyan, Advocate-on-Record—For Respondent Nos.3 ক): (addition of party) Not represented —Respondent No.4. Criminal Appeal No. 22 of 2001. (From the judgment and order dated 13-7-2000 passed by the High Court Division in Criminal Miscel­laneous Case No.6040 of ..

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. ......egal action in the matter. Thereafter the Upazila Nirbahi Officer sent a letter to inform the latest position of the case to the Chairman of Moyeshkhali Pourashava. The Pourashava Chairman passed his order that the complainant- opposite party is entitle to get 5 installment of Taka 3,77,625/-. In th..

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. ......ptee-Petitioner. Humayun Kabir Sikder, Advocate-Opposite party No.1.   Civil Revision No. 3412 of 2005. Judgment Sheikh Abdul Awal J.- This Rule is directed against the judgment and order dated 23.06.2005 passed by the Joint District Judge, 2nd Court, Narail in Miscellaneous Appeal..

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: ......;             Md. Nuruzzaman J.- This Rule Nisi was issued calling the respondents to show cause as to why the long and unreasonable stay order dated 28.10.2004 as in Annexure–C to the writ petition against the petitioners appointm..

Category: Constitutional Law | Date: | Hits: 132

S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)

....                     Mir Hashmat Ali J.- I agree. This Case is also Reported in:  ....... It appears from the notification dated 02.04.03 circulated by Ministry of Education for appointment Teacher for non-government educational institute for the purpose of granting of monthly payment order not for the appointment of Principal of a non-government degree college. 26. In course..

Category: Constitutional Law | Date: | Hits: 121

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......ahmud, Senior Advocate- For Respondent No.1. Civil Petition for Leave to Appeal Nos. 2221 & 2222 of 2008 With Civil Petition for Leave to Appeal Nos. 2046 & 2056 of 2008 (From the order dated 17.07.2008 passed by the High Court Division in Writ Petition No.1543 of 2003 heard anal..

Category: Constitutional Law | Date: | Hits: 251

M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)

.... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......urul Islam Bhuiyan, Advocate-on-Record- For Respondent No.2.   Not represented- Respondent No.1. Civil Petition For Leave To Appeal No. 29 Of 2007. (From the judgment and order dated the 24th day of July, 2006 passed by the High Court Division in First Appeal No.562 of ..

Category: Civil Law | Date: | Hits: 110

Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)

....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition For Leave To Appeal No.435 Of 2007. (From the judgment and order dated the 12th day of February, 2007 passed by the High Court Division in Civil Revision No.6..

Category: Property Law | Date: | Hits: 29

Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)

.... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......olved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition For Leave To Appeal No.776 Of 2007 (From the judgment and order dated the 16th day of March, 2006 passed by the High Court Division in Civil Revision No.2658..

Category: Property Law | Date: | Hits: 27

Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)

....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in:   ....... Aftab Hossain, Advocate-on-Record- For Respondent Nos.11 & 12. Not represented- Respondent Nos.1-10. Civil Petition For Leave To Appeal No.153 of 2007 (From the judgment and order dated the 29th January, 2007 passed by the High Court Division in Writ Petition No.8488 of 2..

Category: Property Law | Date: | Hits: 25

Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)

.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Md. Nawab Ali, Advocate-on-Record-For the Petitioner.   Not represented- the Respondents. Civil Petition For Leave To Appeal No. 94 of 2007. (From the judgment and order dated the 6th day of November, 2006 passed by the High Court Division in Civil Revision No. 2..

Category: Property Law | Date: | Hits: 51

Special Reference No.1 of 2009, 38 CLC (AD)

....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......ts advisory jurisdiction under article 106 of the constitution. "1. The expediency, bonafides, and motive for making a reference is not justifiable. 2. The Court is bound by the recitals in the order of Reference and must accept the statement of facts in the reference as they are. The truth or..

Category: Constitutional Law | Date: | Hits: 289