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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....ance, discretion is left to the officer mentioned in Section 125 to decide before which court the proceedings should be instituted. Hence the officer commanding the army, army corps, division, or independent brigade in which the accused person is serving or such other officer as may be prescri......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
....st worthy witnesses. There is no cogent ground to discard their testimonies. The second and the third learned Judges of the High Court Division and the learned Sessions Judge have believed them as independent and reliable witness. 792. The first learned Judge also believed P.Ws.1, 4, 11,...... 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)
....anuary 22, 1973 and the defendants upon dispossessing the plaintiff erected huts there, that by the B.S. পর্চা no title was created in favour of the defendant, that the appellate Court on independent consideration of the materials on record as well as the evidence lead by the parties c......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
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
.... 1994 or that the deceased was defeated in that election and for that reason the High Court Division observed that Shahid Commissioner was not an Awami Leaguer and he was elected Commissioner as an independent candidate and therefore the deceased had no political rivalry or conflict with Shahid C......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
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ...... 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 appointment should not be declared to have been made without any lawful authority and is of no lega..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: ......ETH; 18Ð01Ð07 issued by the respondent No.3 refusing to give prior approval for appointing the petitioner as a Principal of Abdul Jabber College, Borhauddin, Bhola and cancelling the appointment proceedings of the petitioner as Principal of said college (Annexure-‘G’) s..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....ing a family or a representative of a city in Parliament. In the case of Bangladesh Vs. Professor Golam Azam 46DLR (AD) 199, it has been held that ‘By citizen we mean a person who is a member of an independent political community having rights and obligations under the Constitution and the law of ......er M. A. Matin, J., I like to add a few words of my own. 2. The facts of the cases have been narrated in details in the main judgment. So I do not like to re-state those. 3. In these cases non-appointments of some judges of the High Court Division are challenged and called in question on the ..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....doctrine due to the nature of the crime as protected under the constitution. 60. What legislation should be passed by the Parliament is absolutely a matter within the domain of the legislature, an independent and separate organ of the Republic where this Court has no reason to intrude. In the cas......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: ..Category: Constitutional Law | Date: | Hits: 289
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
.... where husband is to be considered main perpetrator of the crime observing that in such crime against newly wedded woman generally committed within the four walls of the house maintaining secrecy, independent witnesses or direct evidence is scarcely available to the prosecution. The High Court D......n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ..Category: Criminal Law | Date: | Hits: 96
Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)
....ind no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ......missing the Civil Revision No.187 of 2006 affirming the order dated 10.04.2006 passed by the Assistant Judge, 6th Court Dhaka in Title Execution Case No.4 of 2004 rejected the Application for appointment of advocate Commissioner. 2. The facts of the case, in short, are that the plai..Category: Property Law | Date: | Hits: 33
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
....rned Advocate, appearing for the petitioners submitted that the appellate Court below by traversing all the material issues on facts and law reversed the findings of the trial Court and came to its independent findings that the plaintiff failed to prove that Debicharan died after his father'...... 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: VI ADC (2009) 600. ..Category: Property Law | Date: | Hits: 27
Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)
....the suit land, is entitled to the decree sought. 5. As it appears the High Court Division discharged the Rule holding that evidence on record shows that the plaintiff did not adduce any independent witness to prove the fact that the suit land was acquired by the fund of the joint fami...... 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: 14 MLR (AD) (2009) 561. ..Category: Property Law | Date: | Hits: 22
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
....k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ......bsp; decision of the Appellate Tribunal the instant leave petition has been filed. 4. The learned Advocate appearing for the petitioner-Bank submitted that the appointment of the inquiry officer in reference was in fact informed to the respondent, ..Category: Administrative Law | Date: | Hits: 166
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
.... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ......of PDBF that the writ-petitioners were purely temporary employees under Rural Development Board and as such their service was liable to be terminated as per terms and conditions of their letter of appointment by giving notice. Lastly it was submitted that since service regulations for the employ..Category: Employment/Service Law | Date: | Hits: 68
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 255. ......n the acquired land, " But this effort went in vain because of the fact that the authority was least interested to determine valuation of the structure. So during trial he prayed before the Court for appointment of a Private Firm to assess the valuation of the construction made in the acquired land"..Category: Alternative Dispute Resolution | Date: | Hits: 249
Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)
....find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ation to which the Act applies. 3. The case of the petitioner is that he was appointed as Coordination Officer of Adamjee Jute Mills Limited (AJML) on November 5,1979 and as per terms of his appointment letter his service was transferable; that he was transferred to Bangladesh Jute Mills ..Category: Employment/Service Law | Date: | Hits: 61
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....separate family before five years from 16th day December, 1971 as the proviso of section 2(b) shows that the person Lawyers being an adult and married who having been living in separate mess independently continuously since before 20th day of February, 1972 with his wife, son and oth&......here 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) 519. ..Category: Property Law | Date: | Hits: 26
Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
....o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......facts of the case are, in short, that the respondent was appointed as the Nikah Registrar for No.7 Edbarpur Union on temporary basis and the respondent having requisite qualification got the appointment as Nikah Registrar on 26.01.2003 by the authority concerned i.e. the Ministry of Law, J..Category: Civil Law | Date: | Hits: 99
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
.... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ......d appearance by filing affidavit-in-opposition controverting all the material allegations made in the writ petitions. However, the case of the respondent Nos. 7, 8 and 9, in short, is that the appointment, posting, promotion and granting of M.P.O to the teachers and staffs are guided by law..Category: Employment/Service Law | Date: | Hits: 57
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....the three victims of the complainant party could not be proved because of the fact that the alleged occurrence admittedly took place at a different place from the said paddy field. which was an independent act of each of the accused and distinct offence, so the act of killing of the said thr......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ..Category: Criminal Law | Date: | Hits: 35