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Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 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) 780. ......Inspector General of Police, Khulna Range, the respondent No.2, but the appellate authority did not communicate to the petitioner any result of the above appeal and so the petitioner filed an application to the Inspector General of Police, the respondent No.3, praying for reinstating h..Category: Administrative Law | Date: | Hits: 162
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. ......etitioners submits that, the Courts below having found that the pre-emption case was filed on 6.3.1996 challenging the sale deed dated 31.12.1995 while the opposite party Nos.1-4 in original application for preemption, by registered sale deed dated 4.2.1996 transferred 1.08 acres out ..Category: Property Law | Date: | Hits: 23
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....mainly contending that the appellate Court below committed an error of law apparently on the face of the record in sending the suit back on remand to the trial court for rehearing by framing a fresh issue on acquisition of title by the plaintiff petitioner on adverse possession of the ......d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ..Category: Property Law | Date: | Hits: 32
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....fit of their ad hoc service in determining inter se seniority in the gradation list of 1990 and were given promotions on that basis, as such they have a vested right which cannot be defeated by a fresh interpretation made in 1998 and by the gradation list prepared in 1999. If the interpretatio...... the case of Md. Naseem Ahmed Vs. Azra Feroze Bakth, PLD 1968 (SC) 97=20 DLR (SC) 78, it was held that administrative instructions which have the precision of rules and are general in nature in their application to any particular service or services may have the force of law. These decisions, which ..Category: Employment/Service Law | Date: | Hits: 118
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ...... Petition for Leave to Appeal No. 1599 of 2003). Judgment Md. Tafazzul Islam J.- This application has been filed praying for review of the judgment dated 12.5.2004 passed by this Divis..Category: Property Law | Date: | Hits: 24
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....ence only in respect of six accuseds and so the present reference as well as the appeals should be sent back on remand to the third learned judge for hearing of the death reference and the appeals afresh. 22. Mr. Khan Saifur Rahman, the learned counsel for appellants Faruque Rahman and Mo......ide the country and subsequently he was arrested from U.S.A. and brought back in the country in July 2007 and was sent to jail and he then filed Jail Petition No.9 of 2007 and subsequently filed an application for condonation of delay stating that he had no knowledge of the case and the judgment ..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. ......gly it is high time to evaluate how technological developments are transforming the functioning of the legal system. With the emergence of newer technologies, uncertainties arise with regard to the application of existing laws and occasionally there is a need to create new laws to regulate their ..Category: Criminal Law | Date: | Hits: 274
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. ......urt, in other word the judgment of the court is based upon the opinion of the third judge. In the instant case we have seen that the third learned Judge Mohammad Fazlul Karim, J initially heard an application separately filed on behalf of some of the accused-appellants for hearing all the appeal..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. ...... 1953 under the provisions of Penal Code for any of the offences mentioned above, i.e. for the abetment of those offences mentioned in section 131 to 138. Thus section 139 of the Penal Code has no application in this case in view of the fact that the appellants have been tried and convicted not ..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. ......onstruction that continuously updates its wordings to allow for changes since the Act was initially framed. While it remains law, it has to be treated as always speaking. This means that in its application on any day, the language of the Act though necessarily embedded in its own time, is ne..Category: Criminal Law | Date: | Hits: 291
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....nd communicated the same by their Letter No. E-1211/12050 dated 24-11-1981 seeking some modifications of the loan agreement with Tapashee. It is not known whether the Tapashee Group accepted those fresh conditions and modifications although under Article XI of the Loan Agreement they were bound ......es Limited, shortly Tapashee, is a public limited company carrying on the business of water transport. The Opposite Party Nos. 2-5 are the Managing Director and other Directors of Tapashee. On the application of Tapashee, the Sangstha sanctioned a loan of Taka 70 lakh to Tapashee for acquis..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. ..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....ant was engaged in-charge of the field. On 28.02.2004 the complainant approached the accused petitioner to settle the accounts of the year ending business and to start the business for the next year afresh. The accused petitioner refused to do the same and further stated that there were no dues in c......slam-For the opposite party No. 2. Ms. Maksuda Akter, Assistant Attorney General-For the State. Criminal Miscellaneous Case No. 3889 of 2005. Judgment Md. Rais Uddin J. - This Rule on an application under section 561A of the Code of Criminal Procedure was issued at the instance of accus..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. ......2nd Court, Narail in Miscellaneous Appeal No. 34 of 2001 affirming the judgment and order dated 17.10.201 passed by the Assistant Judge, Kalia, Narail in Miscellaneous Case No.65 of 1997 allowing the application for pre-emption. 2. The material facts relevant for disposal of this Rule are that th..Category: Property Law | Date: | Hits: 37
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ......n to the Governing body with a medical certificate. Thereafter the Governing body of the said college had taken a decision on 21.03.2006 to published a advertisement in a daily news paper inviting application from candidates to appoint a new Principal of the said College. Principal in charge of ..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....r affidavit. It is true that there has been unbroken and continuous convention of consultation excepting a breach in 1994 which was subsequently cured by consulting the Chief Justice and by issuing a fresh letter of appointment of the Judges by cancelling the earlier one which was issued without con......ointments of the Additional Judges and Judges of the Supreme Court by the executive Government shall not be declared unconstitutional. 42. Before the date fixed for service return of the rules an application was filed by the writ petitioners in Writ Petition No.2975 of 2003 for a direction upon ..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
.... Division committed an error in holding that the suit is not barred by limitation in view of continuous default in payment of rent and the principle set out in Section 23 of Limitation Act and that fresh period of limitation begins to run at every moment of time during such breach of contract wi......07. (From the judgment and order dated the 24th day of July, 2006 passed by the High Court Division in First Appeal No.562 of 2000). Order Mohammad Fazlul Karim J.- This application under Article 103 of the Constitution of the People's Republic of Bangladesh is direct..Category: Civil Law | Date: | Hits: 110
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: ......because the property of Shoshi 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 j..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: ......ection 5(1). The Reference speaks of “the said BDR” personnel involved in the incident of 25th and 26th February, 2009. 49. Sub-section (2) of section 5 speaks of the consequence and manner of application of the notification contemplated by sub-section (1) of section 5 of the Act. The express..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......d for defect of parties and the pre-emptor is a co-sharer by purchase in the case jote observing that on the objection raised by the pre-emptee as to defect of parties the pre-emptor filed an application with interrogatories to require the pre-emptee to name the persons not made parties in ..Category: Property Law | Date: | Hits: 38
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