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Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....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. ......abala dated 18.4.1979 transferred the suit land in favour of the plaintiffs and then the plaintiffs, after mutating their names, constructed semi pucca building in the suit land and also paid rents, taxes and current bills etc. but, on 9.10.1992, the defendant threatened the peaceful posses..Category: Property Law | Date: | Hits: 26
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....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: ......in the covenant providing that if the petitioners failed to pay six months rent, the plaintiff can take the shelter of law to recover the rent and that the plaintiff always made delay in receiving rents and that the plaintiff illegally enhanced the monthly rent and the petitioners remitted 6 mon..Category: Property Law | Date: | Hits: 48
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....gust, 1975. 3. The police then took up the investigation, visited the place of occurrence, prepared sketch map with index thereof, seized alamats, examined the witnesses and recorded their statements under Section 161 of the Code of Criminal Procedure, produced some of the apprehended ac......302/ 120B/ 324/ 307/201/380/149/34/109 of the Penal Code. 4. Among the 19 accused persons who faced trial, 14 were absconding. The learned Judges of the High Court Division found that the warrents of their arrests were duly issued and when they could not be apprehended by the police inspit..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....bortive attempt of revolt against General Ziaur Rahman and thereafter they were removed from the service and thereafter they led their lives abroad as fugitive. The appellants did not challenge the statements of this witness. P.W.45 stated that at the oath taking ceremony of Khondker Mostaque Ahm...... 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
....vocate for the appellants in Criminal Appeal Nos.56 and 58 of 2007, has submitted that the first learned Judge of the Division Bench of the High Court Division discarded all the three confessional statements one of which was made by Lt. Col. (Retd) Mohiuddin Ahmed (Artillery) whose confession wa...... 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
.... the early hours of 15th August,1975 and also his presence at Road No.32, Dhanmondi in front of the residence of the then President. 519. P.W.13 was in 1st Bengal Lancer. He made identical statements like P.W.12. He also attended in the parade ground in the night following 14th August, 1......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
.... some admitted facts in this case. I noticed that the defence did not take any plea of mutiny at the trial by cross-examining or giving suggestions to the prosecution witnesses or in their written statements in reply to their examinations under section 342 of the Code or by adducing evidence in ......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
....dmissions of four appellants about their participation in the carnage. The defence failed to bring anything by cross examining them to indicate that they have a motive for attributing unbelievable statements to the accused, rather they have not challenged their statements. The statements disclos...... 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
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....ant Professor Mr. S.M. Zakir Hossain and made him Principal in Charge. He has further submitted that Mr. Asraf Ali did not submit any resignation or any medical certificate and in support of those statements at the time of filing the instant Writ Petition no documents were submitted by the Petit...... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....upreme Court of Canada we can also apply the Jennings test in this case. 195. First what are the precedents? The precedents are the impregnable mass of evidence given by respondents including the statements made by no less persons than Dr. Kamal Hossain, one of the founding father’s of the con......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
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....upants were not evicted. As a result, the Mills Authority was compelled to move this writ petition. 6. Though the Rule was opposed by filing affidavit-in-opposition containing certain false statements in the affidavit-in-opposition but the High Court Division found that the allottees wer......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
Special Reference No.1 of 2009, 38 CLC (AD)
....r. Kamal Hossain, M Amir-ul-Islam, Mahmudul Islam, Rokanuddin Mahmud, Azmalul Hossain Q.C, A.F. Hassan Arif and the President of the Supreme Court Bar Association. The Court will not entertain any statements of facts/affidavits of any party. The hearing of the matter will continue without any adj......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
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....ed for? 4. The trial Court on consideration of the materials and evidence on record and the submissions of the learned Advocate of the contesting parties and having regard to the statements made in the pleadings of the respective parties found all the issues in favour of the pr......03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ..Category: Property Law | Date: | Hits: 38
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
..... A. K. Badrul Huq, the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. The learned Counsel submits, that the statements made in exhibit-8, the inquest report, did not disclose any injury on the armpit of decea......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
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....delivery of possession of the concerned lands to the petitioners did not arise at all; the instant Rules and the order of temporary injunction from this Court has been obtained by making false statements; there has been no delivery of possession and no deeds have been executed in favour of t......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....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
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ...... themselves substituted in the cases before the High Court Division. Earlier their attempts for substitution failed before the courts below. The House Rent Case was filed by the tenant for deposit of rents stating that the father of the petitioners was a monthly tenant and paid rent upto Agrahayan..Category: Tenancy Law | Date: | Hits: 145
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....that they obtained the suit premises by a Bharatia Agreement on a rent of Tk. 120/- as monthly rent and continue to hold the premises as tenant. The defendants further stated in their written statements that the defendants gradually increased the monthly rent of Tk. 120/- to Tk.250/- t......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)
....f 1959 and Act No. 12 of 1967 and procured the impugned order of forfeiture, which is manifestly illegal. The defendant Petitioner Nos. 1-3, 6 and 8 contested the suit and filed there sets of written statements and their common case is that the suit is barred by the provision of section 42 of the Sp......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
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
....howing utter defiance and disrespect to the order dated 13.12.2005 of this Court passed in writ petition No. 8860 of 2005 and continued to do so in spite of filing this contempt petition. The statements made in their affidavits in opposition justifying their contemptuous conduct are co...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ..Category: Criminal Law | Date: | Hits: 62
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