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Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)
....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......als of land but the appellant fraudulently got inserted in his sale- deed an area of 28 ¾ decimals. 3. The Sessions Judge on consideration of evidence of 11 witnesses examined by the prosecution no witness having been examined by the defence, rejected the defence plea and found all ..Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......recording of their evidence was made in the absence of the petitioner and it was further stated "the petitioner should have been given an opportunity of defending himself and cross-examining the prosecution witnesses." Moreover, the petitioner cited certain witnesses in his defence which t..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)
...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82 ......ng and are being disposed of by one judgment. 5. Mr. Abdul Malek the learned Advocate appearing on behalf of the petitioners submits that no sanction under section 197 Cr. P.C. was necessary for prosecution of the O/C Derai P.S. who is a Sub-inspector of police and the police constables, becaus..Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....inistered in a discriminatory manner, the party challenging the constitutionality of that statute must show that it has actually been administered to the detriment of a particular class and in a partial, unjust and oppressive manner." 41. Munir C.J., while determining that the impugne......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ...... No. 769 of 1976 to the Court of Sessions for trial of the petitioners without examining any witness. The learned Magistrate rejected the said petition and fixed 6-8-79 as the date for examination of prosecution witnesses. Being aggrieved by this order, the Opposite Party No. 2 moved the learned Ses..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
....of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......hauling of the engines thereof Respondent No. 2 replied to the charge and then was domestic enquiry by an officer of the petitioner. Before the enquiry the Despondent No. 2 appeared; witnesses of the prosecution and defence were examined and cross examined by the parties concerned. The enquiry offic..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
.... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ......p;….Appellant Vs. Md. Sabiq Khan & others……………Respondents Judgment April 28, 1980 Result: The Petition is dismissed for non-prosecution. Partition suit Formal defect in preliminary decree does not nullify the ..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ...... due to shock and haemorrhage as a result of both the injuries which were ante-mortem and homicidal in nature. 7. Material facts found by the Special Martial Law Court on the evidence led by the prosecution are that the victim Saleha was married to appellant Kh. Ehteshamuddin Ahmed alias Iqbal ..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ......on in the Civil Procedure Code to compel a party to proceed with a revisional application after the issuance of the Rule, if the party chooses not to press the rule and get it discharged for non-prosecution or default. In the absence of any compelling provision in the Civil Procedure Code, ther..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)
....out any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256 ......lating the conduct of any person in the economic zone, such as prohibiting fishing and prescribing punishment for violation of any order, direction or prohibition a person will be liable, to criminal prosecution for an act as done by the petitioners. Government is empowered to make rules for checkin..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ...... reference may be made to the cases reported in AIR 1951 Calcutta 206 and 13 Cr.L.J. (F.B.) 1988. 11. Having considered the facts and circumstances of the case we are of opinion that even if the prosecution case as stated in the complaint petition is accepted no criminal offence appears to have..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
....e rank and status of Secretary to the Government. The last two orders, Annexures F and G, are quoted below: "Notification No. ED/AI/-331/72-1965 dated Dacca, the 1st November, 1972. In partial modification of the orders contained in this Division Notification No. ED/AT-331/72-1158 dat......er in rank than the petitioner to hold the enquiry. No order as to costs. Abdul Matin Khan Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 21 ..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Keramat Ali Talukdar Vs. Election Tribunal and Munsif, 6th Court, Barisal and ano¬ther, 7 CLC (HCD)
....is set aside. In the circumstances of the case we do not pass any order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 1 ......oyed under the Enemy Property (L&B) Organisation. It has been stated there that this staff will be treated as "public servants" under section21 of the Penal Code for the purpose of prosecution on a criminal charge, and as to disciplinary measures, they will be subject to the Gover..Category: Election Law, Property Law | Date: 18 Jul, 1978 | Hits: 5
Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......ty unless the statute by express words excludes the application of the principles of natural justice. 11. It was argued that rule 7 did not contain any provision enabling cross-examination of prosecution witnesses, but, in our view, it did not exclude such cross examination, because if it ..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
....lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ......f any explanation whatever either of the inordinate, delay or any evidence about the custody of those articles during the said period. In order to remove any suspicion it was not only the duty of the prosecution but it was essential for them to explain the inordinate delay between the post mortem ex..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ......rms of the statute conferring jurisdiction, it is apparent that the legislature intended the jurisdiction thus conferred to be exclusive, other Court is deprived of its jurisdiction, and any criminal prosecution pending therein when the statute goes into effect should not be transferred to the Court..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....erred to the Full Bench was answered in the affirmed:”Whether under Order 41 rule 22, Civil Procedure Code it is open to a defendant-respondent who has not taken any cross-objection to the partial decree passed against him, to urge in opposition to the appeal of the plaintiff a contention......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
...., so also he cannot avoid section 11 by splitting up the cases of action of the previous suit, as to give jurisdiction to an inferior court.” In these two cases, the principle of partial res judicata was applied because in one case several causes of action were, combined in the ......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112