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Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
.... (4) The Chief Martial Law Administrator may, on review, set aside vary or modify any order, judgment or sentence or make orders for retrial of such other orders as he deems necessary for the ends of justice. (5) A Zonal Martial Law Administrator may, on review, set aside, vary or modify any order, ......w Court and the order of Government on review are set aside, The orders of convicÂtion passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......ring trial the pre-maturity is cured with registration of the Deed, otherwise the pre-maturity will remain. In this case the question of pre-maturity was raised at the appellate stage but by then the document had been registered and so the pre-maturity could be said to have been cured……..(3) ..Category: Property Law | Date: | Hits: 65
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
.... order in a pre-emption case, still restitution may be available under section 151 of the Code in exercise of the inherent power of the court to pass any order at its discretion to meet the ends of justice. In support of these contentions he has referred to a number of cases mainly of Indian Juri......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....ial and sufficient reasons to be recorded in writing, and be waived by the officer conducting the enquiry where there is a difficulty in observing them and. where such clauses can be waived without injustice to the person charged. Clause (k) provides that an order of puniÂshment passed on the a...... with necessary particulars shall be framed before evidence is recorded. The person charged shall be given a copy of the charge and shall also be allowed to take copies of all evidence, both oral and documentary, contained in the proceedings. Clause (c) provides that an oral enquiry shall be held if..Category: Constitutional Law | Date: | Hits: 188
Haripada Biswas Vs. State & another, 1982, 11 CLC (AD)
....y the Code. On the contrary it has been expressly prohibited by the Code. To allow the continuation of proceeding would amount to abuse of the process of Court and for securing ends of justice, such proceeding is liable to be quashed. To hold to the contrary is to put the trial ...... the decision of the High Court Division Is set aside and the proceedings in Criminal Miscellaneous Case No. 687 of 1978 of the Court of Sessions Judge, Bakerganj are hereby quashed. Ed. ..Category: Criminal Law | Date: | Hits: 61
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....se fundamental aims is to realise through the democratic process a socialist society, free from exploitation—a society in which the rule of law, fundamental human rights and freeÂdom, equality and justice, political, economic and social, will be secured for all citizens. Keeping this Proclamation......lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....cumstances, if there is a serious apprehension of breach of peace which is apparent from the record, the exercise of the Magistrate's jurisdiction is called for. We think that the ends of justice would be met, if the Magistrate is directed not to pass any final order regarding possessi......urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ..Category: Criminal Law | Date: | Hits: 39
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....y applied to the facts of this case by either the learned Subordinate Judge or the learned Judges of the High Court Division. In the absence of proper application of the law of benami the course of justice has been misdirected, and because of this, notwithstanding the concurrent finding of f......est of the plaintiff and his two brothers, she agreed to take half share of the property with a view to providing accommodation to her father-in-law's family at Dacca, and as such the exchange document was made in her favour to the extent of 8 annas share, and the plaintiff and his two brot..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ...... complete deadlock in the affairs of the company resulting in non-holding of statutory meetings and failure to repay its admitted debts. The High Court Division after considering the oral and documentary evidence on record by an elaborate judgment found that by various fraudulent ..Category: Business or Commercial Law | Date: | Hits: 110
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....eeping in view section 34 It is an accepted rule of equitable interpretation that when the language of a statue admits of two constructions, the one which leads to absurdity or obvious injustice, should not be adopted and instead the construction which appears to be most in accord ......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....;rity list has effected him adversely, inasmuch as he has been regulated from serial position No 15 to the position of serial No. 22 and this was done in violation of the principle of natural justice and without any legal authority. The High Court Division repelled the contention on th......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 94
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......for giving a chance to the plaintiffs to relay the suit land for ascertaining whether the same is covered by the land of the kabuliyats, Exts. 1 and 1 (a), and also to produce Wazibul Arz and other documents, if any. After remand plaintiffs took out a local investigation and filed the Wazibul Arz..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......erted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sale deeds in question it is alleged, are forged and fabricated documents, executed illegally and collusively for the purpose of making illegal gain of the valuabl..Category: Criminal Law | Date: | Hits: 51
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..Category: Procedural Law | Date: | Hits: 128
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....tions, wills, legacies, gifts, partitions, or any religious usage or insÂtitution, the rule of decision shall be— (a) any custom applicable to the parÂties concerned, which is not contrary to justice, equity or good conscience and has not been by this or anyother enactment altered or aboliÂ......ecree of the trial Court and remanded the case for furÂther enquiry to the trial Court on the 9th April, 1944 for considering the question of setting aside the abatement and for admission of certain documents according to law. The trial Court, on remand, held that there had been no abatement of the..Category: Civil Law | Date: | Hits: 117
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ......rding to the prosecution case one Hazer Ali Biswas, who was also an accused in this case, signed the name of the appellant in the voucher, for which the learned trial Court referred to it as a forged document during examination of the appellant under secÂtion 342 of the Criminal Procedure Code. The..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
.... evidence that he received Rs. 1, 06,843/00 on different dates and he filed the suit for the balance amount but there is no bill before the Court to justify the claim. 19. We consider for ends of justice that this case should be remanded to the trial Court for giving opportunity to the parties t...... Ex parte decree The plaint is no evidence for the proof of the plaintiff’s case. The plaintiff is not entitled to obtain ex parte decree without producing the relevant documents on the basis of which relief is sought for…………(16 and 18) Lawyer Involved: ..Category: Others | Date: | Hits: 103
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
.... that the respondents were entitled to protection guaranteed by Article 177 of the 1962 Constitution, and (iii) that, in any event, even if Article 177 did not apply, the principles of natural justice required that they should have been given an opportuÂnity to show cause before their serÂ......services. In the result, we allow the appeals, set aside the judgment and order of the High Court, but make no order as to costs. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 80. ..Category: Employment/Service Law | Date: | Hits: 96
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ......es of the High Court. Hamid Hussain, by a note appended to the (Ex. 39), took the responsibility for the list shortage of Rs. 6,286-5-3 that existed on 30-4-58. The appellant was not a, party to this document. Hamid Hussain deposed that a cheque for Rs. 1,000/- mentioned in Ex. 39 was a post-dated c..Category: Anti-Corruption Laws | Date: | Hits: 142