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Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)

.... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......tiff on 15th Falgoon 1384 B.S. at a consideration of TK.5,000.00 only and the defendant No.1 also received TK.2000.00 as bainapatra on that day out of the consideration amount in presence of Magrab Ali who was an intimate friend of the plaintiff and also negotiated and settled the price of the s......esent: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Suman Mia being dead his heirs; Zabeda Khatoon and others…...Plaintiff-Petitioners Vs. Falani Begum and others………......Respondents. Judgment &n..

Category: Property Law | Date: | Hits: 38

Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)

....re is 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) 772. ......re is 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) 772. ......Kamal Uddin Master and others.....Respondents Judgment          February 4, 2009. Lawyers Involved:   Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Res......sp;       Md. Tafazzul Islam J Md. Joynul Abedin J Abdur Rashid and others……………….......Petitioners Vs. Md. Kamal Uddin Master and others.....Respondents Judgment    ..

Category: Property Law | Date: | Hits: 23

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. ......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. ......cluding the plaintiff did not acquire any right, title and interest in the share of Megha Munshi; Rahman Munshi while being owner of the suit land died leaving behind Kalim Munshi, Salim Munshi and Alimuddin Munshi, sons, and accordingly their names were recorded in S.A. Khatian No.204 but there......urt Appellate Division (Civil) Present: MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Abdul Halim.........................Petitioner Vs. Md. Tatan Mia and others........Respondents Judgment January 9, 2008.&nbs..

Category: Property Law | Date: | Hits: 26

Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)

....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......0. ......DC (2011) 350. ..

Category: Property Law | Date: | Hits: 31

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

....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. ......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. ......ayetullay V. Pakistan, PLD 1969 SC 407; Shoib v. Bangladesh 27 DLR 315; Shahbaz v. Crown PLD 1956 FC 46; Alembic Chemical Works Co. v. The Workmen AIR 1961 SC 647. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General, instructed by. Md. Ahsanullah Patwary, Advocate-on-Record-For the ......ernment of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) Abdul Muktadir and oth­ers......................Appellants (In Civil Appeal Nos. 71-72 of 2002) Vs. Md. Abdul Halim Miah and (3) others.....Respondents (In Civil Appeal No. 69 of 2002) Judg..

Category: Employment/Service Law | Date: | Hits: 118

Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)

.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ...... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......win; Surtees V Ellison; Dosso's case 11 DLR (SC) 1; Halima Khatun 30 DLR (AD) 207; Haji Joynal Abedin 32 DLR (AD) 110; Eheteshamuddin Iqbal 33 DLR (AD) 154. Lawyers Involved: Korban Ali, Advocate, instructed by Azra Ali, Advocate-on-Record - For the Appellant (In both the Appeals)......houdhury J Shahriar Rashid Khan..............Appellant (In Civil Appeal No. 18 of 1997) Sayed Faruque Rahman Col. (Reted.).......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and oth­ers............Respondents (In both the appeal) Judgment ..

Category: Constitutional Law | Date: | Hits: 167

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts. Ed. This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......l Singh Brar and others; Verigamto Naveen Vs. Govt of AP and others (2001) 8 SCC 344; Controller and Auditor General of India Vs. KS Jagannath and another AIR 1987 SC 537; Managing Director, WASA Vs. Ali and others 59 DLR (AD)185; Shamsunnahar Salam and others Vs. Mahammad Wahidur Rahman and others ......ivil Appeal Nos. 244-246, 248-50 of 2005) Luthfar Rahman…................Appellant (In Civil Appeal No. 245 of 2005) Ohiduzzaman Chowdhury......Appellant (In Civil Appeal No. 247 of 2005) Vs. Md. Eunus and Brother (Pvt.) Ltd…............. Respondents (In all the Appeals) And M..

Category: Civil Law | Date: | Hits: 212

Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)

....esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Lakshmi Rani Roy being dead her heirs Naru Gopal Roy..................Petitioner. Vs. Md. Abdur Rahman being dead his heirs Sayeda Begum and others ....  Respondents. ..

Category: Property Law | Date: | Hits: 35

Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One

....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. ......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. ......peror of India V. Abani Bhusan Chakrabutty, 15 CWN 25; Mirja Akbor V. King Emperor, AIR 1940 (P.C) 176. 55 Bom 839 and 38 Cal 169; Bhagwan Swarup v. State of Maharashtra, AIR 1965 SC 682; Zulfikar Ali Bhutto V. The State PLD 1979 SC 53; State V. Nalini (1999) 5 S.C.C. 283; Moqbool Hossain Vs. Th......;.Appellant (In Criminal Appeal No. 58 of 2007) Major (Retd). A.K.M. Mohiuddin Ahmed……..... Appellant (In Criminal Appeal No. 59 of 2007 and Jail Appeal No. 02 of 2007) Vs. The State…………………………..

Category: Criminal Law | Date: | Hits: 310

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two

.... 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. ...... 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. ......nce, the allegation that Bazlul Huda shot to death Sheikh Kamal and Bangabandhu is also based on contradictory evidence on record; the prosecution has withheld vital witnesses such as, Sheikh Yunus Ali, Col. Moshiud Doula and Col. Mahmudul Hasan purposely as their evidence would have been unfavo......y which he had carried out as per direction  of his Commanding Officer.  196. The learned counsels, in support of their contentions, referred the cases of Nurul Islam and others Vs. The State, 43 DLR (AD)6, Hazrat Khan @ Hazrat Ali Vs. the State, 54 DLR 636, Moslemuddin and ot..

Category: Criminal Law | Date: | Hits: 274

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three

.... 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.’’  ...... 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.’’  ......t raising the issue of mutiny by the defence to challenge the jurisdiction of the trial Court at the appellate stage for the first time is not tenable in law. He has referred to the case of Haider Ali Khan –Vs- State reported in 14 BLD (AD) 270 and the case of Julfiqur Ali Bhutto –Vs...... 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

....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. ......und, Lt. Col. Syed Farook Rahman, Major Mohiuddin, Major Shamsuzzaman, Captain Delwar Hossan, Lt. Kismat Hashem, Lt. Nazmul Hossain Ansar, Risaldar Major Syed Ahmed, Risaldar Muslemuddin, Risaldar Mobarak, RDM Mosaddek or Arshed, MDM Naeb, Risaldar Malek, Naeb Risaldar Nurul Islam, Dafader Jabba......e trial court by the defence under at a belated stage, while in the High Court Division at the time of hearing of the death reference and the respective appeals. 509. In the case of Haider Ali Khan–Vs-the State reported in 14 BLD (AD) 270, the Appellate Division of the Supreme Cour......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

....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. ......ce, and  the evidence of L.D.Bashir Ahmed (P.W.11), A.L.D. Sirajul Haq (Suspen) (P.W.12), Dafadar Shafiuddin Sarder (Rtd.) (P.W.13), Dafader Abdul Jabbar Mridha (Rtd.) (P.W.14), Resalder Abdul Alim Mollah (P.W.23), Habilder Md. Aminur Rahman (Rtd.) (P.W.24) Naik Md. Yeasin (Rtd.)(P.W.25), S......y a Court-Martial to be convened by the Chief of Army Staff as was done in case of General Ziaur Rahman’s killing. In this connection the learned counsel has referred to the case of Jamil Huq Vs.  Bangladesh, 34 DLR (AD) 125. 643. Mr. Anisul Huq and the learned Attorney General..

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. ...... 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. ......red in law in maintaining his conviction and sentence. The learned counsel has taken us to the evidence on record and argues that the prosecution has withheld vital witnesses such as, Sheikh Yunus Ali, Col. Moshiud Doula and Col. Mahmudul Hasan purposely as they would have been unfavourable to t......l Huda and Mohiuddin Ahmed at the place of occurrence but the High Court Division has totally ignored this aspect of the matter. The learned counsel has referred the cases of Nurul Islam and others Vs. The State , 43 DLR (AD)6, Hazrat Khan @ Hazrat Ali Vs. the State, 54 DLR 636, Moslemuddin and ..

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. ......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. ...... 126 of 2001). Zohara Khatun and other…...................Appellants (In Civil Appeal No.127 of 2001) Ahasanuzzaman and others…................Appellants (In Civil Appeal No.128 of 2001) Vs. Sitakundu Chandra Nath Chatuspaty Tole and others….......Respondents (In all the appeals) ..

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. ......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. ......angstha and others.....................Respondents Judgment November 19, 1994.    Lawyers Involved:  Rafique-ul-Huq, Senior Advocate (AJ Mohammad Ali, Advocate) with him), instructed by M Nawab Ali Advocate-on-Record—For the Appellants. ......sp;                   Dira Dockyard and Engineers Ltd. and others...................Appellants Vs. Bangladesh Shilpa Rin Sangstha and others.....................Respondents Judgmen..

Category: Business or Commercial Law | Date: | Hits: 311

Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)

....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. ......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. ...... Allah. And Allah is full of knowledge and wisdom."  40. We have taken the translation from the revised and edited English translation of the Holy Qur'an by Alamo Abdullah You Ali, published by King Fad Holy Qur'an Printing Complex, Medina in 1940 Hire. The original translat......bsp;            Md. Abdul Matin J    Islami Bank Bangladesh Ltd..............Petitioner (In all petitions) Vs. Commissioner of Taxes, Companies Circle-19...............Respondent (In all petitions) ..

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.......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....... J Azizullah (Md) and others.................Appellants Vs. State and others..............................Respondents Judgment January 14, 2009. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appel­lants. Moha...... Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Azizullah (Md) and others.................Appellants Vs. State and others..............................Respondents Judgment January 14, 2009. ..

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. ......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. ......nt forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......ffidavit of the complainant and considered the submissions of the learned advocates of the parties. 7. Before enter into the merits of the case we would like to refer the case of Dr. S. Ashraf Ali Vs. Md. Ahsan Habib and another reported in 56 DLR 169 wherein their Lordships categorically stated ..

Category: Criminal Law | Date: | Hits: 93

Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)

....;                   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: ......at Ali J. I agree. Ed. This Case is also Reported in: ......on) Present: Mir Hashmat Ali J Md. Nuruzzaman J Muzaidul Islam s/o. Shah Alam, Village: Kalirchar P.S. & Dt. Laxmipur and others.……. Petitioners. Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretari..

Category: Constitutional Law | Date: | Hits: 132