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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....cated in Sherniabat’s murder case since the cases were filed long ago and moreover the above statement was made while deposing before the Court and not before the police. Accordingly I am in complete agreement with the views of the second learned second Judge that the learned Sessions Judg...... “We can not allow the dead hand of the past to stifle the growth of the living present. Law cannot stand still; it must change with the changing social concepts and values. If the bark that protects the tree fails to grow and expand along with the tree, it will either choke the..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
.... what meets the eyes. The Chief Executive of the state must bear faith and allegiance to the Constitution. It demands not only belief in constitutional principles but a loyalty and devotion akin to complete surrender to the constitutional beliefs. This solemn affirmation was ignored by them when...... 125. 643. Mr. Anisul Huq and the learned Attorney General, on the other hand, contend that the incident is not a mutiny, rather it is a preplanned murder, and therefore, there is no legal bar for the trial of the appellants under the provisions of the Code. In this connection they have ..Category: Criminal Law | Date: | Hits: 228
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance consideration money, but the said vendor did not complete the same within 6 months. Later on his daughter informed that Md. Muslim died on 11.3.1972 ......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
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....whom Zakat is obligatory and the remaining four conditions are in respect of the wealth on which Zakat is obligatory: 1. The person concerned must be a Muslim i.e. he must have complete and absolute faith in the oneness of Allah, the Almighty and his Prophet Hazrat Muhammad ......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
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....spect of district Noakhali, Narsingdhi and Rajshahi directing the Divisional Commissioner, Dhaka, Chittagong, Ragshahi and Deputy Commissioner Noakhali, Narsingdhi and Ragshahi, to finalized the incomplete process of appointment of Class III and IV employee under them. Further appears that by an......pointment of Class III and IV employee under them. Further appears that by another Memo dated 16.06.2005. It withdrawn the stay in respect of district Natrakona, Cox’s Bazer, Commilla, Brahmanbaria, Bagerhat, Bogra and Feni and lastly on 15.08.2005 in respect of district Bandarban. ..Category: Constitutional Law | Date: | Hits: 132
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....commendation. But if he again recommends the same recommendation after consultation with the aforesaid senior most Judges of the Appellate Division for appointment, the Government shall be obliged to complete the process of appointment; (viii) appointment or non-appointment of an Additional Judge......an, Advocate instructed by Md. Taufique Hossain, Advocate-on-Record-For the Petitioners (In Civil Petition Nos. 2046 & 2056 of 2008). Dr. Kamal Hossain, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.1 (In Civil Petition No. 2221 of 2008). M. Amir-..Category: Constitutional Law | Date: | Hits: 251
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....High Court Division that the leave petitioner bank has already encashed the pay order and thereby accepted the auction sale. In view of the provision of law to the effect that once an auction sale is complete no relief is available against such auction sale but the mortgagee may proceed against the ......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231...Category: Banking Law | Date: | Hits: 373
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....he compensation money received earlier by them and accordingly they refunded the compensation money to the Deputy Commissioner but in spite of that the deputy commissioner did not complete the process of de-requisition. It was the case of the writ petitioners that they are in po...... the same was paid as per relevant law/rule existing at the relevant time. 13. Under the Supreme Court (Appellate Division) Rules a party who has not filed any concise statement though is debarred from arguing for defendant-respondent but upon permission to argue on behalf of the responde..Category: Property Law | Date: | Hits: 41
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
.... Division for restoration of the said Title Suit which was dismissed for default. He next submits that the Appellate Division erred in dismissing the case in the ends of justice and for the sake of complete justice, the appeal should have been allowed. 9. We have heard Mr. Abdus Salam Kha......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ..Category: Property Law | Date: | Hits: 23
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....blatant falsehood; moreover all the incriminating circumstances as above are undoubtedly inconsistent with the innocence of the petitioner and the chain of the circumstantial evidence is well-knit, complete and unbroken and there is no missing link in the chain of the circumstances appearing aga......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ..Category: Criminal Law | Date: | Hits: 50
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
.... 25.02.2008 when the High Court Division made the Rule absolute and sentenced him to imprisonment. Secondly, on humanitarian ground this Court may give relief to the petitioner at least to do complete justice in the facts and circumstance of the present case which have been narrated he......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ..Category: Criminal Law | Date: | Hits: 50
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....with the direction given by the High Court Division at the time of granting leave and the suit is decreed. The plaintiff shall not be in a position to execute the decree and as such, in order to do complete justice the appellant may be instructed to give proper security so that the suit if decreed......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ..Category: Business or Commercial Law | Date: | Hits: 142
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....n showing deposit of requisite fee, true copy of 'No objection Certificate', full particulars as regard ownership of, all rights in the premises and in the Cinematograph apparatus to be used therein, complete plans, elevations and sections of the premises-etc., a site plan of showing position of t......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..Category: Civil Law | Date: | Hits: 128
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....e discharged from service for reasons of physical or mental incapacity or continued ill-health or such other reasons not amounting to misconduct: Provided that a worker having completed not less than one year of continuous service so discharged, shall be paid by the employe......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....ersy whether the writ petitioner left for U.K. in October, 1970 or October, 1971, if the writ petitioner had been continuing in possession after the gift, either actual or constructive, the gift is complete and it has taken full effect. He has cited several decisions to show that for a gift......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ..Category: Property Law | Date: | Hits: 42
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....ithdrew a sum of Tk. 20,000/- on 13-05-2002 for implementation of development project namely construction of 'vegetable shed' at Mandabagh bazar within Kaimpur Union Parishad and it was required to complete the work within the financial year, 2000-2002, that is on 30-06-2002 but the appellant did......eave at the instance of Md. Jahangir Alam (Selim) writ-respondent No. 4, a candidate for election for the post of Chairman of No. 9 Kaimpur Union Parishad under Kashba upazila, District Brahmanbaria calls in question the legality of the order dated 13th April, 2003 passed by the High Court ..Category: Election Law | Date: | Hits: 282
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....corded under section 161 of the Code of Criminal Procedure, copy of which have been annexed with the application made therefore for marking as exhibits in support of his contentions in order to do complete justice. It has been submitted that this Court has ample power to accept the documents men......ka Lodge Welfare Society, 40 DLR (AD) 86; Raziul Hasan Vs. Badiuzzaman Khan and others, 16 BLD (AD) 253. Lawyers Involved: Abdul Razzak Khan, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner. Abdus Salam Khan, Senior Advocate ..Category: Property Law | Date: | Hits: 34
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....red under section 158(2) of the Ordinance. 4. On or about 24.5.2001 the writ petitioner made an application before the Member (tax waiver and exemption) of the National Board of Revenue (NBR) for complete exemption from payment of the requisite tax under section 158(2)(a) of the Ordinance. The N......er unless there is some contrary provision in the repealing or amending enactment……………..(7) Cases Referred to- Lawyers Involved: Md. Asaduzzaman, Advocate, instructed by Syed Mahabubar Rahman, Advocate-on-Record-For the Petitioner. Md. Zahirul Islam, Advocate-on-Record- For the..Category: Fiscal/Taxation Law | Date: | Hits: 125
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....ppeal on 26 February 1968 holding that the vesting of the properties in question in the Government either under notifications issued under chapter II, or under Chapter V, on the relevant dates, was complete and final. The decision was reported as Chowdhury Tanbir Ahmed Siddiky Vs. The Province o......ion under sub-section (2) of section 43 of the Act is published in the official Gazette, such notification is conclusive proof of such publication and of the date thereof and section 72 of the Act bars a Civil Court from entertaining any suit "in respect of the preparation signing..Category: Property Law | Date: | Hits: 43
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....nstitution. Relying upon Article 104 of the Constitution he asked us to give a direction to the Government to allow the appellant to go abroad for treatment according to his own choice in order to do complete justice as guaranteed under Article 36 of the Constitution and also sought support in this ......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...Category: Constitutional Law | Date: | Hits: 208
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