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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... 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. ......sent at such national ceremonies being petty officers in the army and some of them including the appellant Sultan Shahriar were removed officers and some of them arranged for burying the dead bodies and the act of fleeing away from the country after the incident of 3rd November and taking s..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... 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. ......don me, I have done blunder, I have murdered my wife and children.” 746. Now the question is whether this extra judicial confession deposed by the witness can be the sole basis for conviction of the accused. The Supreme Court of India considered case of Sahoo (supra) and other...... 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. ......o know that the house belonged to Bangabandhu Sheikh Mujibor Rahman. Thereafter he along with the guards, commander Nazrul, Khalek and others entered into the house of Bangabandhu and saw the dead bodies and on coming out of the house after talking with the army personnel standing at the gate, h..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....ngle and bushes the C.S. recorded tenants abandoned the land and in that state of the matter the defendants upon cleaning the jungle and bushes made the land usable and constructed huts and started business therein about 35/40 years back, that the story of the plaintiff that the defendants disposs...... Appeal No.128 of 2001) Vs. Sitakundu Chandra Nath Chatuspaty Tole and others….......Respondents (In all the 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 ap......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. ......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
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....t facilities and other assistance to industrial concerns in Bangladesh. The Opposite Party No.1, Tapashee Shipping Lines Limited, shortly Tapashee, is a public limited company carrying on the business of water transport. The Opposite Party Nos. 2-5 are the Managing Director and other Direct...... Bangladesh Shilpa Rin Sangstha and others.....................Respondents Judgment November 19, 1994. Lawyers Involved: Rafique-ul-Huq, Senior Advocate (AJ Mohammad Ali, Advocate) with him), instructed by M Nawab Ali Advocate-on-Record&md......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. ......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
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....he only consideration for exemption of payment of income tax under section 29(1)(xxvii) of the said Ordinance was whether the payment of 'Zakat' was in the nature of a business expenditure expended wholly and exclusively for the purpose of the business of......cle-19...............Respondent (In all petitions) Judgment April 8, 2008. Lawyers Involved: Abdur Razzaq, Senior Counsel, Supreme Court of Bangladesh, instructed by Mvi Md Wahidullah, Advocate-on-Record—......etitions for Leave to Appeal on theological point of view and that the provision of section 29(1) (XXVII) of the Ordinance was not considered from the point of the concept that the business by corporate body, to which artificial personality is attributed or, in other words, in the eye ......I) of the Income Tax Ordinance, 1984 (the Ordinance), but the said contention was not accepted by the High Court Division and the Revenue as well as the Tribunal and other appellate bodies. 5. The High Court Division rejected the contention of the petitioner herein hol..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....f Upazila Magistrate, Cox's Bazar under sections 420/406 of the penal code against the accused petitioner alleging, inter alia, that the complainant and the petitioner had been engaged in partnership business of salt and dry fish. The accused petitioner maintained the accounts and complainant was en......……………. Petitioner Vs The State and another ….…………Opposite parties Judgment July 10, 2009. Cases Referred To- Dr. S. Ashraf Ali Vs Md. Ahsan Habib and another reported in 56 DLR 169 Queen Vs Okhoy Coomar Shaw 13 BLR 307 (FB). Bhuaban Mohan Das Vs Surendra Mohan ......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. ......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. ..Category: Criminal Law | Date: | Hits: 93
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....ding committee in the Senate. The committee consists of 18 members, with equal membership from the majority and minority parties, and a chair from the majority party. The chair primarily controls the business of the committee, but has the casting vote in the event of a tie. The Committee is respo......, P.L.D. 1996 Vol-1 page 324; Anwar Hussain Chowdhury and others Vs. Bangladesh, 41 DLR (AD) 165; Secretary, Ministry of Finance Vs. Masder Hussain and others 20 BLD (A.D.) 104; Bangladesh Vs. Professor Golam Azam 46DLR (AD) 199, Kazi Muklesur Rahman Vs. Bangladesh 26DLR (SC) 44; Dr. Mohiuddin Faroo......upreme Law of the land and if any law is inconsistent with the constitution that law will be void. This article starts with “Supremacy of the Constitution”. 200. Part-III of the constitution incorporated the fundamental rights of the citizens which is our bill of rights similar to charter of ......nest opinion by all the constitutional functionaries, which is essential for effective consultation and for taking the right decision. The growing tendency of needless intrusion by strangers and busy-bodies in the functioning of the judiciary under the garb of public interest litigation, inspite of ..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....t is true that there is no such thing as absolute or unqualified separation of power in the sense conceived by Montesquieu but there is however, a well marked and clear-cut functional division in the business of the Government and our judiciary is to oversee and protect the overstepping not only of ......s. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 1975 SC page 1429; Abdul Mannan Bhuiyan V. State, 60 DLR (AD) 49; R V. Sussex Justices, 1924; Secretary of State for the Home Department (Respondent) V. AF (Appellant) (2009) UKHL 28, Ex parte Milligon 71 US (4 wal......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: ......itting varied kind of offences like mutiny, murder, attempt to murder, looting, arson, theft, extortion, dacoity etc. including causing disappearance of evidence of offence of murder by removing dead-bodies and burrying them in a mass-grave. The aforesaid offence of such gravity and magnitude was co..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
.... 2. The facts necessary for disposal this petition for leave to appeal are that on 05.09.2000 victim A. H.M. Mohsin, along with 15/20 others, of whom some were standing outside the room, was having a business meeting in a room of the Town Primary School, when 4/5 terrorists appeared at the door of......al vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not repre......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......the outside. Thereafter, accused Bahar, Marzu, Zakir, Ibrahim, Siraj and 7/8 others came and took their position outside the meeting room. They opened the lock and upon entering the room searched the bodies of all the participants of the meeting and then took them all out of the room, apart from dec..Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....nt of 1st year Honours, was assassinated. Informant has a hotel in the ground floor of Saplapadi Market, Sathmatha. The victim and his cousin Tulu (P.W.2) occasionally helped him in the hotel business. The victim was calm and gentle but he was an ambitious boy and as a result, he was trying......er…………….Respondent (In Criminal Petition No. 273 of 2007) Judgment March 12, 2009. Lawyers Involved: Akram Hossain Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represen......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ..Category: Criminal Law | Date: | Hits: 53
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....eration of the Company and with payments which are required to be made to the creditors. Further, if payments to the creditors are stopped it would create a situation which may adversely affect the business of the Company. On the face of conflicting claims of the various parties the High Court D.......Petitioners Vs. Ferdoshi Begum and others…...................... Respondents Judgment March 5, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. ......nd 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) 698. ......nd 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) 698. ..Category: Business or Commercial Law | Date: | Hits: 199
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....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.......2 DLR (AD) (2010) 231.......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.......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
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....repared in the names of the aforesaid persons for the whole suit land. Thereafter, in 1359 B.S. the said present petitioner, who is lying thereto by constructing dwelling house thereon. But due to business purpose, the plaintiff does not stay at home. During the operation of the S.A. record, one......p;…..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment February 5, 2009. Lawyers Involved: Abdul Halim Chaklader, Senior Advocate-instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represen......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....suit land on 23.10.76 and subsequently the government left the management of the said Bazar with Dhaka Municipal Corporation which granted allotment to as many as 83 shop owners who have been running business therein since 1972 and the suit is barred by limitation. The defendant petitioner No. 8, Dh...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. ......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) 661, 63 DLR (AD) (2011) 122.......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) 661, 63 DLR (AD) (2011) 122...Category: Property Law | Date: | Hits: 25
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
....the High Court Division contending that the plaintiff is a company incorporated in Bangladesh under the Companies Act, 1994 and is the owner of a number of seagoing vessels and carriers carrying on business as carrier of goods in containers by sea including laden and empty containers and also act............................Petitioner Vs. MV Lady Fatima and others....................Respondents Judgment March 9, 2009. Lawyers Involved: AJ Mohammad Ali, Senior Advocate with Syed Mahmudul Ahsan, instructed by A.K.M Shahidul Huq, Advocate-on-Record—Fo...... plaintiff filed an application for arrest of 'MV Lady Fatima' and 'MV Dali' berthed at Chittagong Port, Chittagong before the High Court Division contending that the plaintiff is a company incorporated in Bangladesh under the Companies Act, 1994 and is the owner of a number of seagoing ves...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....loss in money, good-will and reputation; the plaintiff has also suffered other losses. Since Agrani Bank, defendant No.7, the L/C confirming Bank, did not pay debt as per contract, the factory and business of the plaintiff was inoperative for a long time and accordingly, a huge amount of interes.................Petitioners Vs. Mahi Fish Processing Ltd. and others ....................Respondents Judgment March 12, 2009. Lawyers Involved: Dr. M Zahir, Senior Advocate with Md. Azizul Haq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record&mdash......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ..Category: Business or Commercial Law | Date: | Hits: 178
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
.... Rule absolute. 2. Short facts as placed before the High Court Division are that the writ petitioner is the Managing Director of an Agro Based Limited Company, currently engaged in running business in rearing, cultivating, catching and export oriented marketing of fish. In running such b.............................Petitioners Vs. Sirajuddin Khan.....................Respondent Judgment April 5, 2009. Lawyers Involved: M. K. Rahman, Additional Attorney General, instructed by Md. Habibur Rahman Miah, Advocate-on-record-For the Petitioners. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..Category: Property Law | Date: | Hits: 30
Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)
....r in March, 2005 a son was born of the womb of accused No.1, that after the birth of the said son, she became more desperate; that meanwhile, in November, 2005 the complainant's son was abroad for business purpose, the accused No.2-6 at about 8:00 A.M. on 28.11.2005 forcibly entered into the dwe......p;. Petitioner Vs. Khandaker Abdul Awal and others……......Respondents Judgment October 30, 2008. Lawyers Involved: Abdul Basel Majumder, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. T. H. K......dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ......dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ..Category: Criminal Law | Date: | Hits: 57
Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)
.... to the charge of evasion, should not be declared to have been passed without lawful authority and are of no legal effect and as to why the respondents should not be directed to change the name and business place of the petitioner in terms of annexure F-I. 2. The petitioner filed the abov......oard of Revenue and others……Respondents Judgment July 27, 2008. Lawyers Involved: Tanjib-ul-Alam, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Md. Ibrahim Khalil, Advocate-on-Record-For the Respondents. C......e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ......e is no illegality or infirmity in the above decision so as to call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 587. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)
....lshan), Dhaka City Corporation, Dhaka cancelling the trade license of the petitioners on the basis of the complaint submitted by the respondent No.4. The petitioners as partners started hotel business in 1989 under the name and style Golden Deer guest House at House No. 6, Road No. 36, Guls......rim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Amir Uddin Miah and another..............................Petitioners Vs. Dhaka City Corporation, represented by its Mayor, Nagar Bhaban, Dhaka and others. ....Respondents J......review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ......review does not mean rehearing of the matter we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 578. ..Category: Business or Commercial Law | Date: | Hits: 169
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