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Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
.... Vs. Faridul Alam……………………...... Respondent. Judgment May 16, 2009. Lawyers Involved: Mrs. Nahid Mahtab Deputy Attorney General instructed by Mr. Md. Zahirul Islam , Advocate-on-Record- For the Petitione......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: ......ridul Alam……………………...... Respondent. Judgment May 16, 2009. Lawyers Involved: Mrs. Nahid Mahtab Deputy Attorney General instructed by Mr. Md. Zahirul Islam , Advocate-on-Record- For the Petitioners. &......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
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....an, Advocate-on-Record- For the Petitioner(In Criminal Review Petition No. 03 of 2000). Mahbubey Alam, Attorney General, A.K.M. Zahirul Hoque, Additional Attorney General A.S.M. Abdul Mobin, Deputy Attorney General, Md. Motaher Hossain Sazu, Deputy Attorney General, Ms. Mahfuza Begum, Ass......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. ...... Subbaiah and another, AIR 1961 SC S.124;, State of Andhra Pradesh V. Cheemalapati Ganeswara Rao and another, AIR 1963 S.C.1850; Nurul Hoque Kazi V.State 7 BLC (AD) 52; Pratt and another V.Attorney General for Jamaica and another (1993) 4 All E.R. 768; Henfield V. Attorney General of Commonwealt...... Sheikh Kamal, son of Sheikh Mujib, and upon hearing this Bazlul Huda again brush fired at Sheikh Kamal and he died; the bullets also wounded the informant and also the P.W.50, the DSP in charge of Police House Guard; while P.W.50 and he were trying to escape Major Bazlul Huda got hold of him by ..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. ......he officers involved in the killing of 15th August and 3rd November, were staying in Bangkok, the so called “sepahi biplob” (armed revolution) occurred on 7th November, 1975, and Major General Ziaur Rahman became the exclusive powerful leader and that after taking over power, he repa......4.30 /5-00 A.M., the telephone mechanic Abdul Motin woke him up stating that the President wanted to talk him over telephone and after he took the receiver the President directed him to connect the Police Control Room stating that the miscreants attacked the house of Seniabat, the brother in law..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....on from evidence and materials on record that the convicts from time to time met and discussed about their conspiracy with Kh. Mostaque Ahmed, a the then Minister, Maj. Gen. Ziaur Rahman, the then Deputy Chief of Army, who after 15th of August, 1975 became Chief of Army, later Chief Martial Law ...... 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.’’ ......nt of unprovocated killing of unarmed men, women and child as heinous and barbarous unknown to civilization and rare in the history of mankind. 341. Mr. Mahbubey Alam, the learned Attorney General, termed it as tragic and inhuman (he burst into tears while placing the evidence on murder ......strator and thereafter usurped power as President of the Republic, his reaction in the very morning of 15th August, 1975, hearing about the killing of the President from Col. Shafayet Jamil, how a Police Officer of the local Police Station driven out the P.W.1 A.F.M. Mohitul Islam with filthy la..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. ......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. ......s), 1958 in respect of the trial in the Sessions Court. It also transpires from the Order No.12 dated 03.04.1997 passed by the learned Sessions Judge that there was memo sent by the Judge Advocate, General Division, Dhaka Cantonment dated 02.04.1997 under Memo No.5525 / 2 / JAG notifying that th......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. ......w. The assailants of the then President not only committed an offence of murder, they had committed crime against humanity by killing a child and three innocent women. 632. Learned Attorney General and Mr. Ajmalul Hossain vehemently criticized the conducts of the Governments in power. Mr.......those Governments utterly failed to perform their responsibilities ‘according to law.’ An offence of murder is a cognizable offence and for such offence the officer-in-charge of a local Police Station is under an obligation to lodge an F.I.R. and to hold investigation into the offenc..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. ......roved the cassette as ext. 12. He stated that some one gave him the video-cassette. He did not explain how he received the same and whether or not it was original one. 801. Learned Attorney General contended that the issue of ‘Sunday Times’ is a ‘document’ within t...... up on the call of the telephone mechanic Abdul Motin that the President wanted to talk with him over telephone. Soon thereafter he took the receiver when the President directed him to connect the Police Control Room stating that the miscreants attacked Sherniabat’s house. He failed to con..Category: Criminal Law | Date: | Hits: 291
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. ......es for repayment of the amount. It is on record that the Sangstha obtained from the borrower Tapashee letter of hypothecation (Exhibit-2) mortgage deed of floatation charge (Exhibit-3) Irrevocable General Power of Attorney (Exhibit-4) Demand Promissory Note (Exhibit-6) and further letter of......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)
....and 125 of 2009). Tonai Mollah........................Respondent (In Criminal Petition No. 336 of 2008). Judgment May 24, 2009. Lawyers Involved: S.M. Abdul Mobin, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner (In Crimin......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. ...... Tonai Mollah........................Respondent (In Criminal Petition No. 336 of 2008). Judgment May 24, 2009. Lawyers Involved: S.M. Abdul Mobin, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner (In Criminal Petition Nos. ......id made conspiracy of killing the deceased with the other accused person in consequence of which the deceased was shot dead. 5. On the basis of G.D. Entry No. 1704 dated 20.08.2000 of Ramna Police Station police made inquest of the dead body of the deceased at Dhaka Medical College Hospit..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....e Tribunal dated February 14, 2000 and September 4,1995 affirming the order of the Appellate Joint Commissioner of Taxes dated October 29, 1998 and January 26, 1994 and the assessment order of the Deputy Commissioner of Taxes for the year ending on December 31,1996 (assessment year 1996-1997), (......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. ......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)
....espondents Judgment January 14, 2009. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants. Mohammad Ali Akanda, Deputy Attorney-General instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent Nos.......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.......dgment January 14, 2009. Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellants. Mohammad Ali Akanda, Deputy Attorney-General instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent Nos. 1 & 2. M......ction 145 of the Code of Criminal Procedure, Cr.PC, registering the same as Non FIR Case No.793 of 1997 and in the report dated 18-11-1997 filed in the above proceeding, SI Azizur Rahman of Motijheel Police Station, DMP, was shown as the First Party, Manowara Islam, the respondent No.3, and one Ab..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. ......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 Miscellaneous Case No. 3889 of 2005. Judgment Md. Rais Udd......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. ..Category: Criminal Law | Date: | Hits: 93
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....ctor General NSI Vs. Md. Sultan Ahmed, 1996 BLD (AD) 76. Lawyers Involved: Abdur Rab Choudhury, with Mrs. Syeda Anwara Satter, Advocate-For the Petitioners. Karuna Moy Chakma, Deputy Attorney General with Titus Hillol Rema, Assistant Attorney General and Eunus Ali, Assistant......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......esh Secretariat, Dhaka 1000 and others......... Respondents. Judgment November 08, 2009. Cases Referred to- Abdur Rahim and others Vs. Bangladesh, 48 DLR 538; Director General NSI Vs. Md. Sultan Ahmed, 1996 BLD (AD) 76. Lawyers Involved: Abdur Rab Choud......; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 132
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. ......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. ......) KB 702. Liversidge Vs. Anderson, (1942) AC 206, Copyright Owners Reproduction Society Limited Vs. E.M.I. (Australia) Pvt. Limited, (1958) 100 CLR 597, Adgbenro Vs. Akintola, (1963) AC 614, Attorney General Vs. Jonathan Cape Limited (Crossman Diaries case) (1976) QB 752, R V. Secretary of State for......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
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......of aforesaid Monoza Khaton, created a forged deed on 15.03.1998 and forcibly snatched pillars standing on the boundary of the suit land. The plaintiff lodged a G.D. No. 605 on 14.05.1998 of Sudaram Police Station Noakhali. Thereafter, on 05.07.1998 when the plaintiff prepared the land for cultiv..Category: Property Law | Date: | Hits: 29
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....the petitioner’s company earlier on 17.05.1963 and that the possession of the balance 10.17 acres of land being in occupation of unauthorized persons could not be delivered. Accordingly, the Deputy Commissioner, Noakhali, was persuaded to hand over the same to the petitioner’s compan......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 25
Special Reference No.1 of 2009, 38 CLC (AD)
....sent about 3,500 suspected BDR mutineers are in custody awaiting investigation and trial and out of the said 3500 accused persons 26 are departmentally promoted BDR officers (Assistant Director & Deputy Assistant Director) and 91 are civilian employees of BDR and 26 civil persons. 7. Ten emin......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: ......nks of Bangladesh Army and many other officers from outside BDR Headquarters and around 2,580 BDR personnel were present in the Darbar Hall of the BDR Headquarters at Peelkhana to attend the Director General's address in the Darbar Hall and while the Director General was delivering his address some ......far been taken by the authority for the disposal of the offences committed by the offenders:- a. Peelkhana Mutiny. An FIR being Lalbagh P.S. Case No.65 dated 28.02.2009 was lodged with the Lalbagh Police Station, Lalbagh, Dhaka, which was later transferred to the Newmarket Police Station, Dhaka a..Category: Constitutional Law | Date: | Hits: 289
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....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........03,2001, under section 173 of the Code of Criminal procedure. Thereafter, the father of the victim, Md. Aminullah (P.W.1) filed a petition on 01.04.2002 with the Officer-in-charge (O.C.) of Laxmipur Police Station praying for reinvestigation of the case. The O.C. filed an application with the Dis..Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
.... and another…………….Respondent (In Criminal Petition No. 273 of 2007) Judgment March 12, 2009. Lawyers Involved: Akram Hossain Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. No......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......lip;………….Respondent (In Criminal Petition No. 273 of 2007) Judgment March 12, 2009. Lawyers Involved: Akram Hossain Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented- t......s night. He searched the whereabouts of his brother and then he went to the house of Raju but he did not find Raju in his house. Thereafter, he lodged an F.I.R. narrating the said fact to the Police Station. 6. In pursuant to the FIR the police apprehended the appellant Raju and in c..Category: Criminal Law | Date: | Hits: 53
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
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