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Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....s identical in terms with Article 102 of the Constitution and con-tended that when a person is shown to have been detained illegally or improperly, the High Court Division is competent to pass such orders as may be necessary to grant relief and the power to do so is not in any was fettered..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....re the High Court which was numbered as Criminal Revision No. 295 of 1968. This Revision Case was also heard by a learned Single Judge of the High Court who on 7.7.69 refused to interfere with the orders passed by Mr. M. M. Hafiz and the learned Additional District Magistrate. The appellants the..Category: Criminal Law | Date: | Hits: 49
Solicitor, Government of Bangladesh Vs. Syed Sanwar Ali and others, 1974, 33 CLC (AD)
.... Respondent (In Criminal Appeal No. 6 of 1974). Not represented—Respondents (In Criminal Appeal Nos. 3,4,7-14, 16-17 of 1974). Criminal Appeal Nos. 1 to 18 of 1974. (From the judgment and orders dated 5th and 6th December, 1973 of the High Court Division in Criminal Appeal Nos. 552, 17, ..Category: Criminal Law | Date: | Hits: 104
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ..Category: Criminal Law | Date: | Hits: 66
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....ant pieces of the evidence on record the submissions of the learned Counsel Merit consideration." 5. Dr. Ahmed Hussain, Counsel for the appellant, submitted that excepting the orders mentioned in sub-sections (1) and (2) of section 72 of the Ordinance, all appeals are b..Category: Business or Commercial Law | Date: | Hits: 101
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
....shy;lute privilege it is not necessary that the statement made should itself have been made on oath, so long as it is a part of the judicial proceeding particularly if it is a report made under orders of the court. When a police officer is ordered by the Magistrate to make an enquiry or inve..Category: Criminal Law | Date: | Hits: 77
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....n being beyond the powers of the appellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 112
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....to two holdings—one bearing rental of Rs. 3/15/-annas and the other Rs. 1/2/- annas-by this Scamander’s sheresta and the Revenue Officer noticed this factual position and passed necessary orders on 30.10.59 in Ext.X. The trial court has found that Ext.D had been acted upon. In this view ..Category: Property Law | Date: | Hits: 48
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....w of the land Mr. Ahmad Sobhan did not show that the rules of the WAPDA are something to the contrary. It appears therefore that it is within the competence of the authority to pass necessary orders whether to grant him pay for the period in question. In this case the High Court Division ha..Category: Employment/Service Law | Date: | Hits: 101
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....es said that compulsory retirement would be made in public interest but the present rule does not contain that part of the old rule. The deletion of that part of the rule does not mean that the orders of compulsory retirement are not made in public interest. The notes to the rule make explic..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....bution Company Ltd. and he is directed to report for duties immediately. The officer currently holding the aforesaid post should vacate and will work as an officer on Special Duly until further orders." Respondent No.1 by his order dated May 24, 1979 terminated the service of the appella..Category: Employment/Service Law | Date: | Hits: 104
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....August 1975, 8th November 1975 and the 3rd Proclamation of 29.11.76 and repealing all Martial Law Regulation and Martial Law Order. (2) The extent of protection given order the Fifth Amendment to orders made, acts and things done or taken by any persons or authority in exercise of the powers der..Category: Constitutional Law | Date: | Hits: 292
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....d by the High Court Division in Criminal Revision Nos. 94 of 1979 and 61 of 1979). Judgment: Ruhul Islam J. -These two Criminal Appeals by Special Leave arise from the Judgements and orders dated August 13, 1979 passed by a Division Bench of the High Court Division in two sepa..Category: Criminal Law | Date: | Hits: 62
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte decree and the Court passes necessary orders on the application directing the applicant either to deposit the decretal money or furnish se..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....f evidence. The person seeking to prove may take recourse to the relevant provisions of the law to discharge this onus of proof. In this view of the matter, we allow the appeal and set aside the orders of the High Court Division and that of the Court of Appeal below and remit the case back to..Category: Others | Date: | Hits: 128
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....rder of 1st August, 1979 containing no reason for allowing the review, therefore, cannot be sustained. In the result the appeal is allowed and the order dated 1st August, 1979 and all subsequent orders are set aside and the matter is remitted back to the High Court Division for disposal in acco..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....o far as may be, place the parties in the position which they would have occupied but for such decree or much part thereof at has been varied or reverted; and for this purpose, the Court may make any orders, including orders for the refund of cost and for the payment of interest, damages, compensati..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....storation of possession; section 3 provides for an appeal; section 4 deals with restriction of transfer; section 5 provides for power of cancellation of instrument; section 6 gives finality of orders, section 6(a) provides for penalty; section 7 gives indemnity; section 7(a) to (b) pro..Category: Property Law | Date: | Hits: 75
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
.... the final order and this order having been made without complying with the provision of section 112 is not sustainable in law. 10. In the result, the appeal is allowed and all the impugned orders namely, order of the High Court Division dated 5 June 1981, order of the Additional Sessions..Category: Criminal Law | Date: | Hits: 51