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Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....002). Not represented-Respondent Nos. 2-23, 25-26, 28, 32, 34-40, 45, 62, 64, 67-61, 73 and 76 ( In Civil Appeal No.72 of 2002) Civil Appeal Nos. 69-72 of 2002. (From the Judgment and Order dated 17 December 2000 passed by the High Court Division in Writ Petition No. 62 of 2000 with Writ P......ivision making the rules absolute in Writ Petition Nos. 62 of 2000 and 5362 of 2000 declaring the impugned order in Memo dated 27.9.1998 Annexure-'k' issued by the respondent No. 1 and the impugned decisions under item nos.12 and 13 as adopted/taken at the meeting of the Standing Committee compris..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....Attorney General with him) Sharifuddin Chaklader, Advocate-on-Record - Respondents No. 1 A. N.(In both the Appeals) Civil Appeal Nos. 18 and 19 of 1997. (From the Judgment and Order dated 28th January, 1997 passed by the High Court Division, Dhaka in Writ Petition No. 5321 and 531......we have come to the unanimous and unhesitating conclusion that it is not, and the Act is a valid piece of legislation. Now we turn to the facts leading to these appeals and give the reasons for our decision. 2. The appellant in Civil Appeal No. 18 of 1997 filed writ petition No. 5321 of 1..Category: Constitutional Law | Date: | Hits: 167
....thin 45 days with interest at the rate of 12% per annum in Civil Appeal No. 244 of 2005 and to refund the earnest money and security money deposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and to pay the unpai......r person not officially concerned with such process until the award to the successful tenderer has been announced. Any effort by a tenderer to influence the employers processing of tenders or award decisions may result in the rejection of his tender' and in the circumstances, when the writ petitio..
Category: Civil Law | Date: | Hits: 212
Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
....atun, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 1031of 2009. (From the judgment and order dated 7.5.2009 passed by the High Court Division in Writ Petition No. 2775 of 20......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....vocate-on-Record-For the Respondent No.4 Not represented- Respondent Nos.1-3. Civil Petition for Leave to Appeal No. 524 of 2009. (From the judgment and order dated 01.02.2009 passed by the High Court Division in Writ Petition No. 7492 of 2005). Judgm......ttlement with the auction purchaser out of court but the petitioners failed. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interf..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....e instructed by A.K.M. Shahidul Huq, Advocate-on-Record. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 154 of 2009. (From the judgment and order dated 2.11.2008 passed by the High Court Division in Civil Revision No. 3989 of 2007). Judgm...... immovable property and not in relation to recovery of loan money. 4. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and already answered the above submissions and so there is no illegality or infirmity in t..Category: Property Law | Date: | Hits: 28
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....in Ahmed (Lancer), hereinafter referred to as Bazlul Huda, Farooque Rahman, Sultan Shahriar, Mohiuddin (Artillery) and Mohiuddin (Lancer), against the judgment and order of conviction and sentence dated 30.04.2001 passed by the High Court Division in Death Reference No.30 of 1998 along with Crim......of Calcutta (22 CWN 745), State v Abul Khair 44 DLR 284. 27. While endorsing the said submissions, the learned Attorney General and Mr. Ajmalul Hossain Q.C added some points and cited some decisions. Mr. Ajmalul Hossain contends that there is fundamental difference in sections 378 and 42..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....on as made in Sunday Times, Ext. X, and also Electronic evidence Material Ext Nos. 32 and 12 are taken up for consideration. 199. P.W.58, exhibited the issue of the "Sunday Times" dated 38.05.1976, which was marked as Ext X with a note of objection by the defence, stating that ......ession deposed by P.W.9 can be the sole basis for conviction of the accused. The Supreme Court of India considered this point in the light of the views taken in the case of Sahoo (supra) and other decisions and was of the view that there is neither any rule nor of prudence that evidence furnishe..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....) Syed Faruque Rahman to float a political party in the country named "Freedom Party" and a National Daily named "The Millat" and also allowed to contest as a Presidential candidate in the general election, Major (Retd.) Bazlul Huda and Ltd. Col. (Retd.) Kh. Abdur Rashid were......used-appellants by the learned Sessions Judge on 08.11.1998 in Sessions Case No. 319 of 1997 under Sections 302, 34 and 120B of the Penal Code, 1860. In this momentous judgment concurring with the decision pronounced by my learned brother Md. Tafazzul Islam, J, I want to share my thoughts and vi..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
.... and order which follows the opinions of the third Judge. This being so special leave petition could only have been filed after the appeal was disposed of by the High Court vide its final order dated 19.05.1998. Even though the said order purports to relate only to ten out of thirty-two accu...... 475. Thereafter the third learned Judge was pleased to dispose of the Death Reference and the connected appeals as per provisions of Sections 378 and 429 of the Cr.P.C. It has transpired that the decisions of Supreme Court of the Sub-continent have not laid down a clear guide-line as to how the..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....vidence. Privacy and secrecy are more characteristic of a conspiracy, than of a loud discussion in an elevated place open to public view. It is not always possible to give direct evidence about the date, place and time of the formation of the conspiracy, about the persons that took part in the f......he rule of law on the ground that the general principles of the Constitution (as for example the right to personal liberty, or the right of public meeting) are with us as the result of judicial decisions determining the rights of private persons in particular cases brought before the Courts;..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... produce the original compact disk or video-cassette or the programme published in the television channel. The producer of the programme must certify their authenticity in the contents stating the date and place of recording of the programme. The certificate must be signed by the producer of the...... question is whether this extra judicial confession deposed by the witness can be the sole basis for conviction of the accused. The Supreme Court of India considered case of Sahoo (supra) and other decisions (AIR 1974 SC 1545, (1975) 1 SCR 747, AIR 1975 SC 258, AIR 1966 SC 40 and AIR 1977 SC 227..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....ented-Respondent Nos.2-4 (In Civil Appeal No.127 of 2001). Not represented-Respondent Nos.2-7 (In Civil Appeal No.128 of 2001). Civil Appeal Nos. 126-28 of 2001. (From the Judgment and Order dated April 9, 1997 passed by the High Court Division in Civil Revision No.7556 heard along with Civ......rt was in error in setting aside the judgment and decree of the trial Court, that appellate Court having had not discussed the evidence and in the absence of non-discussion of the evidence, correct decision in the background of the facts and circumstances of the case as could not be arrived at for..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
.... engine and other related fittings, 30% after engine installation and launching, 10% after trial operation and delivery. 6. The Coasters were to be delivered within 6-8 months from the date of disbursement of the aforesaid first instalment. In case of failure to deliver the coasters ......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. ..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
.... Advocate-on-Record- For the Respondent (In Criminal Petition No.336 of 2008). Criminal Petition for Leave to Appeal Nos. 335-336 of 2008 and 125 of 2009. (From the judgment and order dated 30.01.2008 passed by the High Court Division in Death Reference No.58 of 2003 heard with Cri......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)
.... by Mvi Md Wahidullah, Advocate-on-Record—For the Petitioner. Not represented— the Respondent Civil Review Petition Nos. 10-12 of 2008. (From the Judgment and Order dated September 3, 2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No....... 'Zakat/ although no such distinction exists in the provision in question of the Ordinance or in any other provision of the Ordinance or any other law and that the moot question as to which a decision was sought for in the References was that "whether the payment of Zakat was in the na..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....e Upazila Nirbahi Officer on 09.8.2004 which was sent to the Pourashava Chairman of Moyeshkhali to settle the dispute. The Chairman of Moyeshkhali pourashava issued notice upon the parties fixing the date on 21.8.2004, 26.8.2004, 04.9.2004 and13.9.2004. In the meantime the accused petitioner filed a......lment No.15 of Taka 78,000/- and remaining balance of Taka 1, 26,625/-. It was further alleged that the said salishkarak Maksud Miah being biased by the accused petitioner, the salishkarak passed his decision to pay Taka 2,14,000/- to the complainant without giving any decision of Taka 3,77,625/- of..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....etitioner. Humayun Kabir Sikder, Advocate-Opposite party No.1. Civil Revision No. 3412 of 2005. Judgment Sheikh Abdul Awal J.- This Rule is directed against the judgment and order dated 23.06.2005 passed by the Joint District Judge, 2nd Court, Narail in Miscellaneous Appeal No. 3......r was not a co-sharer to the case jote and allowed the pre-emption vide Judgment and Order dated 17.10.2001. 6. The pre-emptee purchaser took an appeal therefrom. The appellate court affirmed the decision of the trial court and dismissed the Miscellaneous Appeal No.34 of 2001, vide judgment and ..Category: Property Law | Date: | Hits: 37
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....; Md. Nuruzzaman J.- This Rule Nisi was issued calling the respondents to show cause as to why the long and unreasonable stay order dated 28.10.2004 as in Annexure–C to the writ petition against the petitioners appointment sh...... 28.10.2004 withdrawn by the respondent No.1 in respect of the petitioners. 13. It has been held in the case of Abdur Rahim and others Vs. Bangladesh reported in 48 DLR P- 538 relying on the decision of this Lordships in the Appellate Division in the case of Director General NSI Vs. Md. Su..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....dy 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 the college was direc......ipal in charge. Thereafter on 03.05.2006 Mr. Md. Asraf Ali submitted his resignation 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..Category: Constitutional Law | Date: | Hits: 121
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