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Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....e judgment in Death Reference No. 30 of 1998 is split one, let the matter, as per provision of Section 378 of the Code of Criminal Procedure be placed before the learned Chief Justice for necessary orders. Md. Ruhul Amin A.B.M.Khairul Haque, JJ. 52. Thereafter the appellants..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
.... the Army Act in the Sessions Court. 505. In the instant case, it appears that the learned Sessions Judge before proceeding with the case has complied with the provisions of law by issuing orders as stated above and the prescribed officer in the instant case did not exercise his discreti..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....it murder is obviously illegal and immoral. Murder, rape, and torture were as unlawful in Germany-even under the Nazis-as anywhere else. That is why the Nazis never tried to legalize genocide; the orders to kill the concentration camp inmates were always couched in veiled terms. For even the Naz..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....r conviction and sentence. 752. Before we deal with the contentions of the learned counsels, it will be necessary to keep in view the limited scope in these appeals against the judgments and orders of conviction and sentence as rendered by the High Court Division as well as the trial Cour..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....rimarily submitted that the lower appellate Court was in serious error in setting aside the judgment of the trial Court while the said Court i.e. trial Court dismissed the suit on the finding amongst orders that the land described in the suit is indefinite, uncertain and vague. This submission has..Category: Tenancy Law | Date: | Hits: 176
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....n, J.J only while agreeing with the rest of the views expressed by my learned brother, Md. Abdul Matin, J in his illuminating judgment. Md. Tafazzul Islam J.- I have gone through the judgments and orders dictated by my learned brother Md. Abdul Matin J and Md. Joynul Abedin J. 34. As it appear..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....heinous crime (in terms of killing, brutality, looting, firing, torturing number of persons involved and area dispersal etc) since the war of liberation 1971. BDR rebels outside Dhaka ignored all the orders of the Commanding Officers and other officers to remain calm and disciplined within the chain..Category: Constitutional Law | Date: | Hits: 289
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....ution dated 16.08.2005 resolved that in future all the bank operation would be done with joint signature of respondent No.32 and either petitioner Nos.1 or 3. The High Court Division while passing orders on 15.12.2005 and 05.01.2006 in Matter No.165 of 2006 allowed the company to withdraw a huge..Category: Business or Commercial Law | Date: | Hits: 199
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....vour of the writ petitioner bank to vest the property in its favour and name but the aforesaid two applications were refused and thus being aggrieved the writ-petitioner bank challenged the aforesaid orders dated 02.01.2005 and 09.01.2005 in the writ petition, wherein, the rule was issued. Thereafte..Category: Banking Law | Date: | Hits: 373
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....ve his appeals heard in accordance with law only after disposal of his applications for waiver in reference and thereby the principle of natural justice has been violated and therefore the impugned orders are bad in law. 8. Since it appears that the assessee-petitioner was/is agreeable to..Category: Fiscal/Taxation Law | Date: | Hits: 89
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
....he decree-holder filed an application to proceed with the aforesaid title execution case but the predecessor of the petitioner instituted the present suit being Title Suit No.3 of 1993 in orders to delay the finalization of the aforesaid title execution case, that Ganga Banshi was not ..Category: Property Law | Date: | Hits: 25
H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)
....that the respondent Nos.1 and 2 as petitioners filed an application under section 233 of the Companies Act, 1994 being Company Matter No.145 of 2005 before the High Court Division seeking necessary orders to (i) direct that the affairs of the petitioner company be conducted bonafide and without a..Category: Business or Commercial Law | Date: | Hits: 193
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
....l charges were submitted after 8 months and moreover order of suspension can only be passed by a person having authority to make the final order that is the order, of dismissal, and so the suspension orders not being passed by the appointing authority, are without lawful authority and moreover actio..Category: Criminal Law | Date: | Hits: 78
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....iming or demanding or interfering with and / or disturbing the possession of the plaintiff in schedule No. 1 property and to award cost of the suit and to pass such other and further order or orders as court may deem fit and proper as per law and equity. 3. The plaintiff-respondent ..Category: Property Law | Date: | Hits: 23
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
....trative Tribunal, Case No. 91 of 1997 before the Administrative Tribunal, Dhaka, under Section 4 (2) of the Administrative Tribunal Act, 1980, which, on contest, was allowed declaring that the orders of dismissal as well as rejection of the appeal for reinstatement are illegal, void, withou..Category: Administrative Law | Date: | Hits: 166
Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
....ing the allegations made against him and stating that he is not responsible for any loss incurred to Bangladesh Krishi Bank and he never resorted to any illegalities and just simply complied with the orders of his controlling authority but on 23.9.1993 a criminal case was lodged against him and an i..Category: Administrative Law | Date: | Hits: 189
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....ority for unknown reasons accepted the Bills of Entry for the importers of Taxicab for release of the vehicles. However upon receipt of the said Bills of Entry the customs authority by their impugned orders demanded customs duty and other charges on the basis of SRO No.158-Ain/2003/2010/Cus dated 12..Category: Fiscal/Taxation Law | Date: | Hits: 72
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....intimated by another letter dated 16.6.1993 of the appellant No.2 to remain on compulsory leave as per Rule 11 (2) of the Government Servants (Discipline and Appeal) Rules, 1985 until further orders although the said Sub-Rule 2 of Rule 11 of the said Rules was already omitted by S.R.O. No.3..Category: Administrative Law | Date: | Hits: 159
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
.... promotion to the post of Assistant Professor. According to clause 16 of the circular dated 24.10.1995, the petitioners had opportunity to file an appeal before the Government against the impugned orders. The authority rightly issued the impugned orders and as such the rules were liable to be di..Category: Employment/Service Law | Date: | Hits: 57
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
.... 2. The respondent filed the aforesaid writ petition challenging orders dated 2.9.1996 and 25.9.1996 vide Annexures D, E and E-1 stating that the writ petitioner is..Category: Business or Commercial Law | Date: | Hits: 163