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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....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. ......nce is complete as soon as an agreement is made between the conspirators; they would be punishable under section 120B. The section is intended to be treated as a continuous offence and whoever is a party to conspiracy during the period for which he is charged is liable under section 120B. ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... 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. ......ers of conviction and sentence as rendered by the High Court Division as well as the trial Court against the appellants. Article 103(3) of the Constitution does not confer a right of appeal on any party from a judgment and order passed by the High Court Division, it merely clothes this Court wit..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....has not been dislodged from the side of the defendants. This being the position the contention that plaintiff as did not implead Sitakunda Mela Committee as the party in the suit, the suit is bad for defect of party and that decree if any obtained in the suit in question the same would be unexecut......es by the provision of Order 7, Rule 3 of the Code of Civil Procedure. 9. As against the aforesaid contentions of the defendant-petitioner(s) it was contended on behalf of the plaintiff-opposite-party that the appellate Court on scrutiny of the evidence on record correctly arrived at the findin..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......84, for realisation of its dues amounting to Taka 68.46 lakh including compensation. In that proceeding Tapashee Shipping Lines Ltd., to which the disputed loan was granted, was made opposite party No.1 and its directors were made opposite parties No. 2-5. Dira Dockyard and Engine..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....nd that his evidence unworthy of any credence. He was an absconding accused of many murder cases. The High Court Division found that his evidence as to conspiracy is vague and suffers from inherent defect and infirmity. Such conspiracy as said was made firstly in the year 1995 and then in the ye......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....k, and faqir therefore, means literally a man who has the vertebrae of his back broken or one afflicted by a calamity (LL). Apparently, it refers to disabled people who, on account of some defect, are unable to earn their living. The second are masakin, pl. of miskin, which is derived f......ill dismiss the review petitions. Order of the Court The Review petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 145 ; 29 BLD (AD) 2009, 139. ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
....session of Holding No.59/1 Purana Paltan to the respondent No.4 is set aside. There will be no order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 142, 16 MLR (AD) (2011) 117.......yed Mahbubur Rahman, Advocate-on-Record—For Respondent Nos. 1 & 2. M.A. Samad, Senior Advocate, instructed by Nund Islam Bhuiyan, Advocate-on-Record—For Respondent Nos.3 ক): (addition of party) Not represented —Respondent No.4. Criminal Appeal No. 22 of 2001. (From the judgme..Category: Criminal Law | Date: | Hits: 62
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....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. ......ra Mondal and another, reported in 45 DLR (AD) 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 Miscellaneo..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......(AD) 54, 60 DLR 270 & 35 DLR 238. Lawyers Involved: Md. Golam Mostafa with A.K.M. Rezaul Karim Khandaker, Advocates-For the Pre-emptee-Petitioner. Humayun Kabir Sikder, Advocate-Opposite party No.1. Civil Revision No. 3412 of 2005. Judgment Sheikh Abdul Awal J.- This Ru..Category: Property Law | Date: | Hits: 37
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (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. ......ight of as the appellant-Judges were neither given notice of the Rule nor were given any hearing before dislodging their constitutional position as a Judge and that because of the want of notice to a party against whom a cause has been set up and consequent lack of hearing, they could not agitate th..Category: Constitutional Law | Date: | Hits: 251
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......Court Division failed to discuss oral evidence of P.W.'s with reference to documentary evidence of the parties causing thereby failure of justice. 5. It is now established principle that a party cannot be taken by surprise introducing a new fact or document during trial of a civil case. ..Category: Property Law | Date: | Hits: 27
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: ......hi Mohan cannot be partially enlisted in the census list and as such, the same may not be relied upon; that the High Court Division erred in law and fact in allowing the application for addition of party filed by the respondent No.14 even after 3(three) months of the judgment and order was passe..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....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: ......mudul 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 adjournment. Let a copy of this order..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....ting the deed value together with the compensation amount as per law and that the pre-emptee contested the case by filing written objection asserting, amongst others, that the case is bad for defect of party and that the pre-emptor-petitioner is not a co-sharer in the case jote and that the......the deed value together with the compensation amount as per law and that the pre-emptee contested the case by filing written objection asserting, amongst others, that the case is bad for defect of party and that the pre-emptor-petitioner is not a co-sharer in the case jote and that the pre-empte..Category: Property Law | Date: | Hits: 38
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. ......t Nos. 32 and 33 for misappropriation of money from the company's account and various cases are pending against them. So, in order to maintain transparency and to protect the interest of the third party-plot purchasers and to uphold the direction of this Court it is absolutely necessary that the..Category: Business or Commercial Law | Date: | Hits: 199
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......that there-against the said Kanaklata filed review case No.100/ 84-85 under Section 150 of the State acquisition and Tenancy Act and that the plaintiff got himself added as a party in the said proceeding and thereafter the plaintiff filed a criminal case asserting that the ..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ...... binding upon them. The plaintiff’s case is that the said compromise decree was obtained in T.S. No. 340 of 1978 by suppressing of process and by false personation, without impleding them as party though they have right, title, interest in the suit property. They learnt about the said decr..Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......#2470;ারা সৃস্টি করা হয়েছে”। From the above findings it is clear that this opposite party fraudulently created the forged Amalnama and Dhakhila but both the High Court Division and th..Category: Property Law | Date: | Hits: 25
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ......sation has already been paid to the actual owners and the same was paid as per relevant law/rule existing at the relevant time. 13. Under the Supreme Court (Appellate Division) Rules a party who has not filed any concise statement though is debarred from arguing for defendant-respond..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
.... 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. ......tiff has loaded the cargo on board the vessels 'MV Jaami' V-731 which was grounded at Colombo Port on 26-12-2004 laden with the cargo of the plaintiff. The defendant No. 15 is the owner of and the party interested in 'MV Dali' and 'MV Lady Fatima' now both berthed at Chittagong. The pro-forma de..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
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