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

....sp;   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 of 2000). Judgment    &nb......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. ..

Category: Property Law | Date: | Hits: 26

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

....spondent 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. 147 of 1995). Judgment Mohammad Fazlul Karim J.- Th......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. ..

Category: Property Law | Date: | Hits: 31

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

....os. 2-23, 25-26, 28, 32, 34-40, 45, 62, 64, 67-61, 73 and 76 ( In Civil Appeal No.72 of 2002) Civil Appeal Nos. 69-72 of 2002. (From the Judgment and Order dated 17 December 2000 passed by the High Court Division in Writ Petition No. 62 of 2000 with Writ Petition No. 5362 of 2000). Judgmen......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. ..

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

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

....Chaklader, Advocate-on-Record - Respondents No. 1 A. N.(In both the Appeals) Civil Appeal Nos. 18 and 19 of 1997. (From the Judgment and Order dated 28th January, 1997 passed by the High Court Division, Dhaka in Writ Petition No. 5321 and 5313 of 1996 respectively) Judgme...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ..

Category: Constitutional Law | Date: | Hits: 167

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

.... None represented-For Respondent (In Contempt Petition No. 01 of 2005). Civil Appeal Nos. 244-250 of 2005. (From the judgment and order dated the 22nd and 23rd day of June, 2004 passed by the High Court Division in Writ Petition Nos.3570 of 2003, 6895 of 2003 and 6456, 6461 and 6457 of 2003 ......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)

....d by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Not represented-the Respondent. Criminal Appeal No. 27 of 1997. (From the judgment and order dated 28 June 1995 passed by the High Court Division in Criminal Appeal No.2013 of 1992). Judgment Md. Tafazzul Islam J.-This a......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)

....dge, Dhaka, after hearing, by judgment and decree allowed the appeal and thereby dismissed the suit. On revisions, being Civil Revision Nos.2024, 2025, 2026, 2027, 2028, 2029 and 2030 of 1993, the High Court Division, after hearing, upon setting aside the judgments and decrees of the appellate C......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)

....ion opposed the said prayer. By order dated 30.6.2002 the learned Joint District Judge, Second Court, Dhaka allowed the said application for amendment of the plaint. The petitioners then moved the High Court Division in revision against the above order and the High Court Division, after hearing ......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)

....espondent.          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  2009.   Order ......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)

....dent 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). Judgment    &n......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)

.... 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). Judgment    &......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)

....rected against the judgment and order dated 3.6.2008 of this Division dismissing Civil Petition for Leave to Appeal No. 1764 of 2007 filed challenging the judgment and order dated 28.8.1979 of the High Court Division passed in Second Appeal No.27 of 1979 allowing the appeal and thereby decreeing......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

.... 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 Reference No.30 of 1998 along with Criminal Appeal Nos. 2604, 2613, 26......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

.... 192. Regarding the fifth ground i.e. the murder of the President and the members of his family, the learned counsels for the appellants made common submissions that the learned Judges of the High Court Division upon superficial consideration of the evidence on record and on mere conjecture...... 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

....earned Counsel for the respondent, pointed out with deep voice that, prosecution, with a view to get justice and to see rule of law has been established, unsuccessfully moved from Court to Court in High Court Division with heavy pain and agony, with humiliation and disgrace for early hearing of ...... 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

....n 15 DLR (1963) 615, where six accused persons were convicted under Sections 304 and 148 and other provisions of the Penal Code. The learned companion Judge of the Division Bench of the then Dhaka High Court differed only with regards to the conviction of accused Mohim Mondal under Section 148 o......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

.... the Army Act, Section 35 of the Navy Ordinance 1961 and Section 549 of the Code. Learned Attorney General added that the appellants did not raise this point in the trial Court and raised it in the High Court Division with malafide motive to delay the disposal of the matter. According to the lea......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

....ce and that the allegation that Major Huda  shot to death of Sheikh Kamal and Bangabandhu as alleged is also based on contradictory evidence on record and therefore, the learned Judges of the High Court Division erred in law in maintaining his conviction and sentence. The learned counsel ha...... 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)

.... Appeal No.127 of 2001). Not represented-Respondent Nos.2-7 (In Civil Appeal No.128 of 2001). Civil Appeal Nos. 126-28 of 2001. (From the Judgment and Order dated April 9, 1997 passed by the High Court Division in Civil Revision No.7556 heard along with Civil Revision Nos.7557 and 7558 of 1......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)

....ted- 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.) Judgment    &nb......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