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Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....udgment, it was sufficient for Takru, J, to have said on the question of the First Information Report that he did not consider it necessary to decide the point but it was necessary, he was in agreement with all that Mathur, J. had said. There was, therefore, a proper decision by Takru, J, ......ellip;………………………………..Respondent (In all the cases) Judgment November 19, 2009. Cases Referred to- Md. Shafi vs.The Crown 6 DLR (WP) 104 (FB); Abdur Razik v. The State, 16 DLR (WP) 73; H......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
....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 Judge inadver......e President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... 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
....f India held that the third learned Judge, under these circumstances, was required to independently examine the matter and express his opinion. It is not permissible to only or merely indicate the agreement with one or the other view without giving reasons therefore. 390. In Radha Moha......ith other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. 340. Mr. Anisul Huq, the Chief Prosecutor for the respondent termed the incident of unprovocated killing of unarmed men, women and child ...... 395. In the case of Granade Venkata–Vs- the Corporation of Calcutta reported in 22 CWN 745 the accused was prosecuted and convicted under Section 495A(1) of the Calcutta Municipal Act for selling adulterated ghee. The Magistrate allowed the defence to rely on this evidence which was obt..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....Section 304 of the Pakistan Penal Code as well as the sentence pronounced upon him thereunder, the entire case with regards to this appellant also is now before me inasmuch as there has been a disagreement with regard to his conviction under Section 148 of the Penal Code.” ......four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......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
....he Dhaka cantonment on the night of 14th August from which it was apparent that it was a mutiny simplicitor, not a murder and therefore, the trial of the appellants was vitiated. There was no agreement or criminal conspiracy or premeditated plan or pre-arranged plan, the learned counsel arg......ed by the defence in any manner. ......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
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....ed company and managed to obtain from the Sangstha a loan of Taka 70 lakh for the acquisition of two self-propelled Cargo Vessels of 600 DWT each. The Sangstha and Tapashee entered into a loan agreement on 31-5-1980 to the effect: The Dockyard Group is in no way connected with the said ......os. 64 and 65 of 1989. Judgment ATM Afzal J.- These two appeals by leave taken up together for consideration arise out of a proceeding under Article 33 of the Bangladesh Shilpa......he Miscellaneous Case and directed the opposite parties to deposit the amount claimed within 60 days failing which, it was further ordered that, the same would be realised by selling the schedule property and bear interest till realisation. 18. Being aggrieved by the..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....are that the property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon taking loan from the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- a......judgment and order dated 8th July, 2008 passed in Civil Appeal No.284 of 2001 dismissing the same with cost of Tk.10,000/-. 2. Short facts are that the property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon taking loan from the House Build......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
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....each other. He submits that the complainant-opposite party No.2 entrusted the accused petitioner to maintain the accounts. He submits that there is no partnership relationship and partnership deed or agreement between the parties. He submits that petition of complaint clearly discloses the offence u......27. Lawyers Involved: Md. Zahirul Islam with M. Masud Alam Chowdhury, Advocates-For the accused petitioner. Md. Shahidul Islam-For the opposite party No. 2. Ms. Maksuda Akter, Assistant Attorney General-For the State. Criminal Miscellaneous Case No. 3889 of 2005. Judgment Md. R......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
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
..... Md. Sultan Ahmed reported in 1996 BLD (AD) page 76 has held that a double standard treatment mutated out to deferent employees by the executive government is defecated”. We being in humble agreement that the Lordships, accordingly hold that while the government issued the order vacating ......ladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Dhaka 1000 and others......... Respondents. Judgment November 08, 2009. Cases Referred to- Abdur Rahim and others Vs. Bangladesh, 48 DLR 538; Director General NSI Vs. Md. Sultan A......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 132
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....though unit of the entire body of Judges of the said Division and accordingly have standing to maintain the leave petition under Article 103 of the Constitution. 32. In view of the above, I am in agreement with the views expressed in this regard by my learned brothers Md. Tafazzul Islam and Md. ......r Rahman, Advocate and others ........Respondents (In Civil Petition No. 2056 of 2008) Judgment February 25, 2009. Result: The Judgment is passed with some observations. Cases Referred to- Al-Jehad Trust Vs. Federation of Pakistan, P.L.D. 1996 Vol-1 page 324; Anwar Hussain Chowdhur......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. ..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....sts and hence the suit. 3. The defendant contested the suit filing written statement denying all the material allegations contending, inter alia, that the defendant company entered into an agreement on 02.02.1987 with the plaintiff fixing monthly rent of TK.23,248.00 for the suit premise...... of 1995 decreeing the suit. 2. The facts involved in the case, in short are that the plaintiff is the owner of the premises at 35/11 Shantigangar, Dhaka; that the defendant No1. entered into the said premises on 01.02.1987 as an ordinary ejectable monthly tenant under the plaintiff on ...... 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: ..Category: Civil Law | Date: | Hits: 110
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....ing the Deputy Commissioner, Noakhali to deliver possession of 10.17 acres of land to the Delta Jute Mills Limited and to report compliance to the Board of Revenue and accordingly, the formal lease agreement was signed and executed on 07.11.1969 and registered on 13.06.1970. The company, accordi......sent: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners Vs. The Government of the People......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: ..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: ......vision Present: Mohammad Fazlul Karim J Md. Hassan Ameen J Md. Lukman……………………...Petitioner. Vs. Rustom Khan and others………...Respondents. Judgement July 1, 2008. ......and by purchase and 1st schedule by purchase in Execution Case No.2 of 1985 in open auction through benamader. The defendant No.1 died leaving behind the plaintiffs and when the defendant tried to sell the 1st schedule land i.e. mortgaged land and tried to dispossess the plaintiffs from the suit..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....l Amin CJ.- I agree with my learned brother, Md. Abdul Matin, J that our answers to questions A and B of paragraph-17 of the Reference should be in the negative. Mohammad Fazlul Karim J.- I am in agreement with my learned brother Md. Abdul Matin, J. regarding negative answer to question A and B ...... Nayeem Mominur Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 ......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
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
.... "But the statement in the inquest report in not evidence by itself and it certainly cannot be pitted against the evidence of the medical witness given in Court." 14. We are in respectful agreement with the above view and we hold that the High Court Division and the learned Sessions Judg...... Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 158 of 2008. (From the judgment and order dated 27.09.2007 and 30.09.2007 passed by......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...Category: Criminal Law | Date: | Hits: 60
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....S. Great Sign and Ad. For TK. 54, 20,000.00. The Company is required to make payment for the bills of contractors for earth filling in the housing project 'Modhumoti Model Town' Saver, Dhaka under agreement with M/S. D- Track (sand filling bill) for TK.100,00,000.00 (one crore) only. The contrac......Nawab Ali, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-36. Civil Petition for Leave to Appeal No.261 of 2006. (From an order dated the 14th day of February, 2006 passed by the ......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
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....oners as defendants for eviction of the petitioners from the suit premises. Plaintiffs case is that the defendants were inducted as Bharatia in the suit premises on monthly rental of Tk.120/- vide agreement dated 04.08.1980 and the rent was increased to Tk.250, that it was agreed in May, 1991 th....... M. Shahidul Hug, Advocate-on-Record-For the Petitioners. Md. Osman Ghani, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1209 of 2008. (From the judgment and order dated 27.04.2008 passed by the High ......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....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....... 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. ......charan Chakarborty Hoad, old Dhaka; taking the advantage of the absence of Rustom Ali from the suit land, some unknown person at first began to use the 100 wide DIT Road adjacent to the suit land for selling therein local vegetables and daily necessaries under open sky and with the passage of time t..Category: Property Law | Date: | Hits: 25
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
.... been impleaded in the suit to give effect to the order of the Court from time to time in connection with the suit. The plaintiff during the course of business entered into a purported slot charter agreement with the defendant No.5 on 24-2-2004 whereby it was agreed that each party's containers w......, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No. 5. None represented—Respondent Nos. 3, 4 and 6-19. Civil Petition for Leave to Appeal No.1368 of 2007. (From the judgment and order dated the 14th day of August, 2007 p...... 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)
....Judge, 2nd Court, Chittagong in Money Suit No. 3 of 1992 decreeing the suit. 2. The facts alleged in the case, in short, are that the plaintiff as an exporter of frozen fish entered into an agreement with defendant No. 5 'Flag Importers Inc' of USA through their agent defendant No. 6 for ......ord—For the Respondent Nos. 2 and 3. (In Civil Petition No. 623 of 2008). Not represented—Respondent Nos. 4-7 (In Civil Petition No. 623 of 2008). Civil Petition for Leave to Appeal Nos. 640 and 623 of 2008. (From the judgment and decree dated the 5th day of Dece...... appellant No.1 to recover the plaintiff's money. It was also contended by the appellant that the fish exported by the plaintiff was not in accordance with the purchase order and the buyer and the seller were having disputes over the last few consignment as to the quality of the fish exported by..Category: Business or Commercial Law | Date: | Hits: 178
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