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Abdur Razzaque Vs. The State & another, 1982, 11 CLC (HCD)
....ond. Let the trial proceed against' the other accused. Let the record be sent down at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 70. ......part of the Additional Sessions Judge to have entertained similar prayer made on behalf of the prosecution and to have acted on such prayer. The order of the Additional Sessions Judge in effect was a review of the order passed by the Sessions Judge and evidently such power was assumed by him wi..Category: Criminal Law | Date: 9 Nov, 1982 | Hits: 1
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Nurul Islam Vs. The State, 1892, 11 CLC (HCD)
.... would obviously be the case where the person concerned is tried under the provisions of the Frontier Crimes Regulation as a Council of Elders is not confined to what may be termed as "Judicial evidence" alone, for basing its opinion about the guilt or innocence of the accus......e effect as an order of acquittal although in law there is no legal bar to the revival of fresh proceedings in respect of the same offence. He submits that as long as there is no provision for a review Criminal Proceedings against an accused once ended on merit cannot he reopened. 7. ..Category: Criminal Law, Procedural Law | Date: 15 Jul, 1982 | Hits: 1
Ebadul Hoque & others Vs. Hajee Rajab Ali Molla & others, 1982, 11 CLC (HCD)
....sts. The judgment and decree of the trial Court are hereby affirmed. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 287. ......ergency Requisition of Property Act cannot be extended under section 14 or under any other provision of the Limitation Act, 1908 which has got no application to the special statute. No scope for review of an order by which an award is made- Review is not a matter of procedure, it involves a sub..Category: Civil Law, Limitation Law | Date: 16 Jun, 1982 | Hits: 3
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....the country proclaimed independence on 10th April, 1971 at Mujibnagar. By the taws Continuance Enforcement Order of the same date it was declared "that all Government officials. Civil, Military, Judicial and diplomatic who taken the oath of allegiance on terms and conditions of service so long ......ndolker, AIR 1958 SC 538, Accountant-General Vs. N. Bakshi, AIR 1962 SC 505, eilsinghani Vs. Union of India AIR 1967 SC 1427; State of Mysore Vs. Krishna Mutiny, AIR 1973 SC 1146. I do not propose to review those cases. Those are decisions on their own facts. The facts of the present case are totall..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....he judgment and order dated 28-11-1977 passed by the Subordinate Judge, Jessore in Miscellaneous Appeal No.47 of 1976 are set aside and those of the learned Munsif, 3rd Court, Narail, passed in Misc. Judicial Case No.106 of 1974 dated 30-4-76 are restored. The judgment and order of the learned ......for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....the Judgment and order dated 28.11.1977 passed by the Subordinate Judge, Jessore in Miscellaneous Appeal No.47 of 1976 are set aside and those of the learned Munsif 3rd Court, Narail, passed in Misc. Judicial Case No.106 of 1974 dated 30.4.76 are restored. The Judgment and order of the learned Munsi......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
.... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ...... Court exercising certiorari jurisdiction under Article 102 of the constitution is not entitled to take a different view or reverse the finding of the enquiry committee on appreciation or review of the materials afresh as placed before the enquiry officer. The petitioner though in h..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......atent error requiring rectification--Decree laid down a mode of payment different from that provided in contract, while judgment assigned no reason therefore--It was incumbent upon the court to allow review when variation was neither set up by /he parties nor flowed from the judgment……..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Nabir Md. @ Nabiruddin Vs. The State, 1981, 10 CLC (HCD)
....ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ......ence passed against him. Let the lower court records be sent down. Mustafa Kamal J. — I agree. Ed. This Case is also Reported in: 34 DLR (1982) (HCD) 16 ..Category: Criminal Law, Procedural Law | Date: 10 Nov, 1981 | Hits: 3
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
..../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....new Code had been created largely because of the severe criticism heaped upon the military's concept and practice of justice before, and especially during and after World War II.” (The Judicial Process by Henry J. Aberstan 146). 54. Hence, the decisions cited at the bar is to und......amp; 639-644 of 1981 Judgment K. Hossain CJ. — In concurring with the decision of my learned brother B.H. Chowdhury, I wish to add a few words on the question of the scope of judicial review of a decision of the Field General Court Martial or other such Courts set up under the Army A..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....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 ......interest. This is the safety valve of making such orders so that no arbitrariness or bad faith creeps in." 57. It may be mentioned that in arriving at the above conclusion the Supreme Court reviewed a number of its decisions on the question whether the order of compulsory retirement a..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)
....thout, however, indicating, by whom. Reference to the English law, therefore, does not give us much assistance in the interpretation of s. 144. 13. In Jai Berham Vs. Kedar Nath Marwari the Judicial Committee of the Privy Council considered the scope of s.144 and duty of the Court to effec......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: 1 BLD (AD) (1981) 131 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2
Bangladesh Vs. Mohammed Ali and 6 others, 1980, 9 CLC (AD)
....he High Court Division setting aside the conviction though on a different ground. In the result, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 104. ......espondents Judgment November 24, 1980. Result: The petition is dismissed. Martial Law Regulation No. 1 of 1975, Regulation No.4(4) Whether the Government's power of review under Regulation No.4(4) includes the power to convert an acquittal into conviction. Un..Category: Criminal Law | Date: 24 Nov, 1980 | Hits: 53
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ......rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1