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Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......48 and as such the same is made without lawful authority and is of no legal effect. 18. Town Improvement Act, 1953 was enacted in the year 1953 and Section 93A was inserted in the said Act by East Pakistan Ordinance No. 49 of 1953 and the same was amended from time to time. Section 93A (1) run......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..Category: Property Law | Date: | Hits: 79
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......ion under this Act" (Section 7). Thus the Customs Act, 1969 has empowered only the Customs officer and in present case no such power had been conferred on the Anti-corruption as was done in India and Pakistan under the Land Customs Act, 1878 as mentioned above insofar the border police and coast gua......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
.... Md. Abdul Haque is the informant of this case. He has narrated the prosecution case in detail and proved the F.I.R. and the seizure list P. W.2 constable 2627 Md. Jafar Equal who was one of the members of the patrol party has corroborated the evidence of P.W.1. P.W.3 Md. Mobarak Hossain......gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ..Category: Criminal Law | Date: | Hits: 155
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ..Category: Administrative Law | Date: | Hits: 423
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......y way of inheritance and the plaintiff Nos.3 and 4 claimed title on the basis of auction sale in a revenue case and that the defendant Nos.3 and 4 some time after partition of India left East Pakistan for West Bengal surrendering the suit tenancy against redemption of arrear rent, in favour......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ..Category: Property Law | Date: | Hits: 38
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......ses he was carrying Tk.20 lacs in cash. In course of his journey when the writ petitioner reached a point at about 8 P.M. near Madhabpur Police Station under Habiganj District, he was advised by an Army Officer, who was on duty at the relevant time in connection with Clean Heart Operation to go t..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. .......1452 of 2008). Judgment July 19, 2009. Cases Referred To- Bangladesh V. Sree Sree Madan Gopal Jew and others (1981) 33 DLR (AD) 13; Jalil Ahmed Vs. the Province of East Pakistan (1967) 19 DLR 106; Tanvir Ahmed Siddiky Vs. the Province of East Pakistan (1968) 20 DLR (S......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ..Category: Property Law | Date: | Hits: 67
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....he help of registered patta No.831 made settlement of land measuring 2. 64 of plot No.381 in favour of Sushil father of the defendant No.2 and 3 and at that time the plaintiff Anandra Dakua as member of the joint family executed and registered the aforesaid patta No. 831 dated 19.06.195......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ..Category: Property Law | Date: | Hits: 27
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....s and are general in nature in their application to any particular service or services may have the force of law. These decisions, which we have no reason to depart from, are even more favorable to members, of the service of the Republic in our country than to those in India, because the Supreme C......angladesh 44 DLR (AD) 111; Sp Sampath Kumar Vs. Union of India AIR 1937 SC 386 (Para 16); JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2);L. Chandra Kumar Vs. Union of India AIR 1997 (SC) 1125; Pakistan Vs. Sheikh Abdul Hamid, PLD 1961 (SC) 105=13 DLR (SC) 100; Province of West Pakistan Vs. Di......e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....avit-in-opposition was filed in which the allegations and submissions of the appellants were denied and it was asserted, inter alia, that the killing of the President of the country along with the members of his family and others including women and children at different places could not be said......gal effect and further that Dhanmondi P.S. Case No. 10(10) 96 dated 2.10.96 and Lalbagh P.S Case No. 11(11)75 dated 4.11.75 were unlawful and void. 3. The appellant who was a captain in the Pakistan Army in 1970 joined the liberation war and was ultimately promoted to the rank of Lieutena......t and further that Dhanmondi P.S. Case No. 10(10) 96 dated 2.10.96 and Lalbagh P.S Case No. 11(11)75 dated 4.11.75 were unlawful and void. 3. The appellant who was a captain in the Pakistan Army in 1970 joined the liberation war and was ultimately promoted to the rank of Lieutenant Colon..Category: Constitutional Law | Date: | Hits: 167
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....nds. After that Bazlul Huda went to the gate and on the query from Faruque Rahman told him that “all are finished”. The informant then realized that the President along with his family members and other inmates of the house were brutally murdered. At that time tanks were moving on th......Punjab, AIR 1980 SC 898; State of Andhra Pradesh Vs. P.T. Appaiah AIR 1981 SC 265; Tanviben Pankajkumar Divetia Vs. State of Gujarat, AIR 1997 SCC 7156; M S K Ibrat V. The Commander in Chief, Royal Pakistan Navy, 4 DLR (SC) 128; Balbir Singh and another V. Panjab, 1995 1SCC 90; Major E.G.Barsay ......examination is total denial and that the appellants are innocent and the occurrence did not take place in the manner as alleged inasmuch as the occurrence is the result of successful mutiny by some Army personnel. 11. The trial Court, thereafter, in consideration of the evidence on record ..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....d earlier the prosecution to prove criminal conspiracy relied on the depositions of P.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 ...... 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. ......med of Bangladesh Radio on 15th August 1975 at 7 a.m. P.W.42 stated that he found Shahriar, Mohiuddin (lancer) and Farooque Rahman in the Radio Station on 15th August when the Chief of Army, Navy and Air Force came there to broadcast their allegiance by radio and that he ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....udgment and order, I would not repeat the same. The above appeals have arisen out of the gruesome and brutal murder of the President and Father of the Nation, Bangabandhu Sheikh Mujibur Rahman, and members of his family in the early hours of 15th August, 1975 at the official residence of the the......isul Huq, the learned Advocate appearing for the respondent-State, has referred to the provisions of Sections 377, 378 and 429 of the Cr.P.C. and has submitted that the decided cases of Bangladesh, Pakistan and India demonstrate that the third learned Judge has been endowed with wide discretion t...... and materials on record that the convicts from time to time met and discussed about their conspiracy with Kh. Mostaque Ahmed, a the then Minister, Maj. Gen. Ziaur Rahman, the then Deputy Chief of Army, who after 15th of August, 1975 became Chief of Army, later Chief Martial Law Administrator an..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
.... delay in lodging the FIR including the background and the scenario which prevailed in Bangladesh after the assassination of the Father of the Nation, Bangabandhu Sheikh Mujibur Rahman, along with members of his family and relations in the early hours of 15th August, 1975. My learned brother in ......, Murshed, J as he then observed as under: “Although my learned brothers have both concurred in affirming the conviction of appellant Mahim Mondal under Section 304 of the Pakistan Penal Code as well as the sentence pronounced upon him thereunder, the entire case with r......murder has been made out. There was no case of mutiny leading to murder and, as such, the offences of mutiny and murder are two distinct offences. The offence of mutiny has not been defined in the Army Act, 1952. However, Chapter 5 of the Army Act, 1952 provides for offences under the Army Act a..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....he killers were being given protection by the Governments in power after the incident till 1996. This statement cannot be said to be exaggerated. Admittedly, the then President and all other members of his family found in the house were brutally killed. It was a bounden duty for Government......ement, act or deed made by one conspirator in reference to the common intention becomes admissible against all. 669. Anwarul Huq, J. speaking for the majority of the Supreme Court of Pakistan in Zulkikar Ali Bhutto V. State PLD 1979 S.C 53 observed as follows: &ldq......l of the appellants under the provisions of the Code was without jurisdiction. According to the learned counsels, the trial ought to have been held by a Court-Martial under the provisions of Army Act, 1952. In this connection learned counsels have referred to Sections 31(a), 59(3), 92(2), ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....d counsel appearing for Lt. Col. Shahriar Rashid Khan argued that there is no reliable evidence about Shahriar Rashid’s complicity in the murder of Bangabandhu Sheikh Mujibor Rahman and other members of his family. Learned counsel submitted that the learned Judges of the High Court Divisio......ld be taken as corroborative evidence. In support of his contention, the learned Attorney General has cited the cases of S. Partap Singh V. State of Punjab AIR 1964 S.C. 72 and Islamic Republic of Pakistan Vs. Abdul Wali Khan 1976 PLD S.C. 57. 802. The Court may take judicial notice unde...... 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)
....ed by P.W.3. As regard the establishment of to be P.W.1 has stated about the establishment of tole and in support thereof submitted the resolution book (Ext.8) and he has been supported by P.W.2, member of the to be committee and also by the P.W.3 who has deposed about the fact of tole committee......e then the plaintiff possessed the same by constructing 'kacha' huts and let out the same to different persons on monthly rent basis, that during war of liberation 'kacha' huts were burned by the Pakistani Army and consequent thereupon the land in suit had fallen vacant and taking advantage th...... plaintiff possessed the same by constructing 'kacha' huts and let out the same to different persons on monthly rent basis, that during war of liberation 'kacha' huts were burned by the Pakistani Army and consequent thereupon the land in suit had fallen vacant and taking advantage thereof defe..Category: Tenancy Law | Date: | Hits: 176
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
.... (Admin-3) recruitment 1/2004-1055 dated 12.07.2004 decided to filled up 70% vacant post of class III of different collectorate. The Divisional Commissioner, Chittagong after ascertained the total member of vacancies decided in a meeting to filled up 70% vacancies of Class III and IV employees o......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....y obtaining highest number and accordingly selection committee recommended the petitioner for appointment as Principal of Abdul Jabbar college. As per recommendation of the Selection Committee the member secretary of selection committee on 30.10.2006 send a letter to the respondent No.2 for prio...... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ...... 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)
....a freeman having 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 an......spondents (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 Chowdhury and others Vs. Bangladesh, 41 DLR (AD)......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
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