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Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930....... Court Division issued Rule and also stayed the operation of the said order and when the above writ petition was pending, the petitioner, again ignoring his appointment as Mutawalli, formed a seven member committee and appointed the respondent No.1 as Mutawalli of the wakf estate and President o......rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930...Category: Trust/Waqf Law | Date: | Hits: 518
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....t the Anti-Corruption did not accept the Permit pointing out that the permit was obtained for import of "un-recorded Tapes", whereas the Tapes imported were recorded Tapes and contending that this ex-post-facto permit was also obtained by practicing 'fraud' at which the Customs Officers connived. In......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. ......ment or empowering the Anti-Corruption to inquire or investigate into the offence of Customs Act can mean only when the offence is complete. In the case of Vasantalal Ramchhoddas Patel and others vs. Union of India and others, A.I.R. 1967 Bombay 138 an officer of the Enforcement Directorate obtained......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)
....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. ...... 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. ......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
Md. Jahangir Kabir Vs. Bangladesh, 2009, 38 CLC (AD)
....her, Experimental School, filed Administrative Tribunal Case No.293 of 1999 praying for a direction upon the opposite party to upgrade the position of the petitioner to Class-I Gazetted (non-cadre) post like Instructors of Primary Training Institute, contending, inter alia, that the petitioner w......red and thus we do not find any illegality in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ......red and thus we do not find any illegality in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ......red and thus we do not find any illegality in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ..Category: Administrative Law | Date: | Hits: 243
State Vs. Muhammad Faridul Mollah, 2008, 37 CLC (AD)
....pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ...... Prosecution case, in brief, is that Havilder Md. Abul Hassan of No.1, Rifle Battalion, D. Company, Satkira lodged F.I.R. with Kaliganj Police Station alleging, inter alia, that while he and other members of his party were on petrol duty at Khazia Boarder out Post, found the accused persons to e......pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ......pon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 807. ..Category: Criminal Law | Date: | Hits: 45
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....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. ......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)
....mmission where in it was decided that if the ad-hoc appointees had appeared at the interview with outside candidates when applications were invited, after ad-hoc appointment for filling up the said posts and the ad-hoc appointees could not become successful at the interview before the Public Servi......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...... Cases Referred to- Bangladesh Vs. Azizur Rahman and other 46 DLR (AD)19; Bangladesh Vs. Shafiuddin Ahmed 50 DLR (AD) (1998) 27; Mujibur Rahman Vs. Bangladesh 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. C......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
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....d in chapter XXXI under the heading “OF APPEALS” but the language used in both the sections is almost identical. The expressions “as he thinks fit” used in both the sections postulates that the third Judge is completely free in resolving the difference as he thinks fit an......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......dgment 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; Hethubha v. State of Gujrat AIR 1970 SC 1266;Union of India v Ananti Padmanabiah (1971) SCC (Crl) 533; Sajjan Singh v.State of U-P, 1999 SCC 315......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
....mination did not challenge the statement of this witness regarding killing of the Sheikh Kamal and therefore, the statement of this witness remain uncontroverted. 226. P.W.4, an army jawan posted in the field artillery regiment and during the relevant time deputed at the house of the Pre......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 ......s to allow for changes in an Act which was initially framed. While it remains law it has to be treated as always speaking. Further Bhagabati J in the case of National Textile Workers’ Union V. PR Ramakrishnan, AIR 1983 S.C. 75 Bhagwati, J. speaking for the majority observed as foll...... 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
....ry being great enemies of Islam and mankind. 350. Mr. Attorney General strongly urged upon us to ensure that no learned Chief Justice should bow and yield to force and pressure and take the post of Chief Martial Law Administrator or administer oath to any usurper in future, disgracing th......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......Cr.P.C. for the purpose of Section 378 has not been achieved. In support of his contention he has referred to the case of Hethubha –Vs- The State of Gujarat reported in 1970 (1) SCC (CR) 280, Union of India –Vs- Ananthapadmanabiah reported in 1971 SCC (CRI), Sajjan Singh–Vs-Stat...... 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
....d before the third Judge. Supreme Court of India held that Section 429 of the Cr.P.C. contemplates that it is for the third Judge to decide on what points he shall hear arguments, if any, and that postulates that he is completely free in resolving the difference as he thinks fit. 480. In...... 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 ......order will follow the opinion of the third learned Judge. It is, therefore, manifest that the third learned Judge can or will deal with the whole case.” 481. In the case of Union of India–Vs-B N Ananthapadmanabiah reported in AIR 1971 SC 1836, there was difference o......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
.... a criminal Court is of opinion that the said offence shall be tried before the said Court, he may issue notice under Section 95 either to deliver over the offender to the nearest Magistrate or to postpone the proceedings pending a reference to the Government. Upon receipt of the requisition the......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......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. ......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
....ement in course of cross-examination and therefore, his statement that the appellant shot to death of Sheikh Kamal remain uncontroverted. 756. P.W.4 is another eye witness and an army jawan posted in the field artillery regiment during the relevant time, and he was deputed as security sta......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......n enactment, is expected to anticipate temporal developments. The drafter will foresee the future and allow for it in the wording.” 808. In National Textile workers’ Union V.P.R Ramakrishnan, AIR 1983 S.C. 75 Bhagwati, J. speaking for the majority observed as follo...... 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)
....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. ......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......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
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....ffect. 2. It is the case of the petitioners’ are that the Ministry of Establishment vide Memo No. ME (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 ascerta...... (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)
....was directed to take necessary steps immediately in this matter. On 16.09.2006 in the “Daily Naya Digonta” a advertisement was published inviting application from the candidates for the post of Principal of the said College. There was six applicants for the post of Principal. The Sele......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)
....ivision held contrary view regarding their respective status and seniority i.e. dislodging their existing seniority over the writ-petitioner whereby their existing constitutional position as to their posts and consequent seniority which was dislodged by the impugned judgment while appointing the wri......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......al Appeal No.65 of 2007; Basheshar Nath Vs. Commissioner of Income Tax, Delhi and Rajasthan and another AIR 1959 (SC) 149; Kudrat-E-Elahi Panir Vs. Bangladesh 44 DLR(AD) 319; Raj Kanwar, Advocates V. Union of India, (1992) 4 SCC 605; Abrar Hassan Vs. Govt. of Sind P.L.D 1976 S.C page 315; S.N. Goswa......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
Special Reference No.1 of 2009, 38 CLC (AD)
....tted by them after thorough and proper investigation. In this context he submits that neither the amendment of BDR Order nor any new legislation in this connection could be hit by the principle of ex-post facto legislation because of the constitutional immunity provided in this regard by Article 45 ......ctor General with the arms pointed towards him, but that rifleman was prevented by the staff officers who were around the Director General. Chaos and confusion spread over the Darbar Hall and the BDR members started leaving the Hall in disorderly manner through different doors of the hall and at tha......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: ......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)
....inquest report, did not disclose any injury on the armpit of deceased Mohsin and such statements being a primary evidence as recorded by P.W.11 S.I. Ahamedur Rahman having been in conflict with the postmortem report and the deposition of P.W.10 Dr. Sanjoy Kumar Pal who proved the injuries on the a......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.......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.......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
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