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Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....cement of the trial. It is true that the witness were cross-examined. It is, however, evident from the cross-examination that there was mere reputation of that of what was stated in Examination in Chief. It is therefore, apparent that corroboration of the prosecution case was taken by way of cro......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
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....ation to complete a sale of immovable property altered the principle of the Mohammedan Law of pre-emption in respect of performance of the ceremonies claiming preemption, the learned Chief Justice observed: "I cannot think that it was the intention of the Legislat......tion to complete a sale of immovable property altered the principle of the Mohammedan Law of pre-emption in respect of performance of the ceremonies claiming preemption, the learned Chief Justice observed: "I cannot think that it was the intention of the Legislature, i..Category: Property Law | Date: | Hits: 45
Dr. Jamshed Bakht Vs. Ameaur Rashid Chowdhury, 1981, 10 CLC (AD)
.... not cover statements made in written complaint but statements made orally in open court. 3. It would be useful to take note of the facts of the case. The appellant Dr. Jamshed Bakht was the Chief Medical Officer, Sylhet District Medical Association and a private Medical Practitioner.&nbs...... took the plea of justification under the 4th Exception which reads as follows: ''It is not a defamation to publish a substantially true report of the proceeding of a Court of Justice or of the result of any such person." 11. The High Court concluded&..Category: Criminal Law | Date: | Hits: 77
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ....... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ..Category: Property Law | Date: | Hits: 47
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......ance with the principles laid down in American Cyanamid V. Ethicon. (1975) A.C 396) the balance of convenience was against the grant of an injunction (see p. 165, col 2)." Lord Justice Roskill observed: "whether the obligation arises under a letter of credi..Category: Banking Law | Date: | Hits: 130
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ent under section 9(2) without any discrimination. In Jibendra Kishore's case the acquisition of the interests of rent-receivers was not "piecemeal but wholesale", as was pointed out by the learned Chief Justice No selection was involved. The interests of all rent-receivers throughout the province......ng violative of Articles 27 and 29 of the Constitution, the learned counsel for the appellant relied on a number of decisions. To begin with reference was made to the case of Ram Krishna Dalmia vs. Justice Tendolkar, AIR 1958 SC 538, which considered the validity of the Commissions of Inquiry Act,..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....s all dedicated and efficient participation in the liberation straggle of Bangladesh Mr. Musharraf Hossain Chowdhury, Ex-Internal Auditor of Titas Transmission and Distribution Company Ltd. and the Chief Accountant of Zonal Council. South East Zone, Govt. of the People's Republic of Bangladesh ......, he denied that there was any contract with respondent No. 1 under which he may terminate his service; and the order of termination was mala fide and passed in violation of the principles of natural Justice. 3. Some background is necessary to understand the position inter se of the Enterprise ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... any lawful authority. Ed. ......Vessels. The learned Judges also held that the appellant has not been penalized for any misconduct and even If by the impugned order the appellant "was penalized yet the principles of natural Justice would not be applicable in this forum as the impugned order has been pasted in accordance w..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....ab, PLD 1972 (SC) 139, State vs. Zia-ur-Rahman, PLD 1973 (SC) 49, Federation of Pakistan vs. Saeed Ahmed, PLD 1974 (SC) 151, State vs. Dosso (1959) 11 DLR (SC) 1; PLD 1958 (SC) 533, Nusrat Bhutto vs. Chief of Army Staff and Federation of Pakistan, PLD 1977 (SC) 657. Lawyers Involved: MH Khond...... ends of justice. Clause (4) gives very wide power to the Government to review the case on termination of the proceedings before the Martial Law Court. With reference to the expression "for ends of Justice" the learned Counsel submitted that existence of this expression sufficiently indicates the ..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... the appeal is allowed without any order as to costs. The order of the High Court Division is set aside and the writ re-called. Ed. This Case is also Reported in: 33 DLR (AD) (19781) 143. ...... findings of the Screening Board violated the provisions of Articles 5 and 7 of the aforesaid President's Order and Rule 7 framed thereunder and also that the Board violated the principles of natural Justice in not disclosing the content of the report to him. He was, therefore, denied the right to p..Category: Employment/Service Law | Date: | Hits: 102
S.Z.M. Nurul Huq Vs. State, 1981, 10 CLC (AD)
....that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ......that an order passed by the reviewing authority is not revisable under section 439 of the Code of Criminal Procedure. In the result both the appeals fail and the same are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 62
Khadomul Islam Chowdhury Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ......for disposal in accordance with law. Let the operation of the order dated 12th July. 1979 be stayed till the disposal of the matter in the High Court Division There will no order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 160
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Matiur Rahman, 1982, 11 CLC (AD)
.... without waiting for a copy of the administrative approval which was sought for from the Superintending Engineer. The Government not being satisfied with this explanation appointed the Deputy Chief Engineer to inquire into the matter. An inquiry was accordingly held on the conclusion o......ourt Division is set aside and the Writ Petition is dismissed with the modification that; the punishment is altered to compulsory retirement. No order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
....persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....ering the service rendered by the accused to the Nation during the war of liberation and also of his age. The Special Martial Law Court directed that the proceedings of the case be submitted to the Chief Martial law Administrator for review as required under Regulation 4 of M.L.R. 1 of 1975. In th......ithstanding any ouster clause in the Martial Law Proclamation. In Jamil Huq vs. Bangladesh (1982) 34 DLR (AD) 125 (Criminal Petition Nos. 65-76 of 1981) this view was re-enforced by my Lord the Chief Justice: “The order or action of the excepted authority mentioned in sub-clause (5) of Article..Category: Criminal Law | Date: | Hits: 287
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