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Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....ate custody." As regards jurisdiction, it is stated in Article 45 at page 27 of the same volume that "The right to the writ is a right which exists at common law independently of any statute, though the right has been confirmed and regulated by statute." ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....ce as well. So we find it difficult to accept the contention that the learned Magistrate has not committed the petitioner on legal evidence." 5. There is no reference to any independent circumstantial evidence of incriminating nature against the appellant either in the ord......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
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. ......arned Judge, however, observed that the prosecution witness were subjected to lengthy cross-examination by the defence Advocate could not prepare himself to properly defend the prisoner due to his appointment at the commencement of the trial. It is true that the witness were cross-examined. It i..Category: Criminal Law | Date: | Hits: 66
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....ntainability of the suit taking the ground that the suit was not maintainable without a declaration of plaintiffs' title to the land as they were out of possession all through. He claimed independent title to the suit land on the basis of purchase. He contended that the sale-deed execut......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 54
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ......s that the "Murids" of the deceased Sajjadanashin is to find out a competent person, normally a son or nominee of the late Sajjadanashin, if at any time it was so indicated. This mode of appointment of a Sajjadanashin by the Murids of the late Sajjadanashin has been recognised by the C..Category: Civil Law | Date: | Hits: 91
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....tled to equal protection of law. The formula as stated in the Article contains the English concept of equality before the law and the American concept of equal protection of the laws. These are not independent or sever-able concepts in their application and will often be found to overlap each othe......onferred a wide and unrestricted power on the authority and whether the power exercised by the authority under this section had been discriminatory injuring the right of the appellant to the public appointment and whether the provisions of law in section 9(2) of the Act and the action taken under ..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
.... originally created, it may be said that such company or enterprise has maintained its corporate character. If this it not so and its functioning is seen to be controlled by the Corporation, whatever independent entity it might have before its becoming a nationalised enterprise or company is submerg......gladesh Minerals, Oil and Gas Corporation (hereinafter called the Corporation) was posted in the Titas Gas Transmission and Distribution Company Ltd. (hereinafter called the Enterprise). His order of appointment as the Administrative Manager of the Enterprise which is contained in the letter from ..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....al law. The essential feature of the principle of natural justice is simply that no person shall be deprived of any vested right by any order judicial or otherwise without a hearing before an independent authority, not interested in the proceedings or in any party to the proceeding. The fro...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....s. 144 of the present Code, all reference to execution of a decree have been avoided. By avoiding any such reference conscious effort was made by the law makers to keep an application for restitution independent of and separate from an application for execution. The scope of an application for resti......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)
....ental Right, those provisions are liable to be declared void, and in that sense they are also discriminatory so far as the Fifteenth Fundamental Right is concerned as section 6A cannot exist independently of section 4 and 6 that also falls." The learned Judges ......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
Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....uility or to do any wrongful act that may probably occasion a breach of the peace, or disturb the public tranquility". Proceedings-under these two sections of the Code are quite different and independent of each other. But in the course of a proceeding under section 145 the Magistrate ......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ..Category: Criminal Law | Date: | Hits: 51
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....d. On appeal the Supreme Court upheld the decision of the High Court observing that the 1955 Act was violative of Articles 14 and 31 of the Constitution and that the Validation Act of I960 was not an independent Act, but had validated the acquisitions under the invalid Act. In the Municipal Corporat...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
.... correct in holding that a subsequent transferee from a person claiming benefit under a document executed by a pardanashin lady was not fastened with burden of proof to show that the lady had independent advice and she properly understood the terms of the deeds before she executed the same.......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..Category: Property Law | Date: | Hits: 57
....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:
......mber of the inquiry officer went below the number provided for in the Statute. More and not less justice it expected when an Inquiry Committee is seen to consist of a greater number of persons. The appointment of three professors under the appellation "Inquiry Committee" cannot be objected to ..
Category: Employment/Service Law | Date: | Hits: 109
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......ervice' is, except saying that the supreme command of the 'Defence Forces' will vest in the President and the exercise thereof shall be regulated by law and that recruitment, grant of commissions and appointment of chiefs of staff of the Defence Services and their salaries and allowances and the dis..Category: Constitutional Law | Date: | Hits: 188
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......cribed Authority for holding a special meeting to enable them to move a motion of no confidence against the Chairman. Among fourteen grounds which were mentioned in the petition, one related to the appointment of his son as Additional secretary of the Union Parishad without consultation with oth..Category: Employment/Service Law | Date: | Hits: 100
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....for any contempt of itself. 5. A combined reading of the provisions set out above indicates that full judicial powers have been conferred by Bangladesh Constitution on the supreme judiciary as an independent organ of the State. It has power to declare a law passed by the Legislature inconsistent......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)
....been settled now that it gives the Courts jurisdiction only when there is damage done to the goods on account of breach of contract of carriage or due to negligence, misconduct or breach of duty, independently of the contract which resulted in damage to the goods to be carried by the ship. 10......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
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....ion of the property during the jointness of the family, and there is no evidence from the side of the plaintiff that the property that was acquired, though in the name of one of the members had any independent income to acquire, the presumption of jointness is not reversed. That being the positi......ers had any independent income to acquire, the presumption of jointness is not reversed. That being the position we do not find any merit in this review petition, which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
.... support the version given out by the defendant either in her pleadings or in her deposition. The learned Judges of the High Court Division practically affirmed this finding without any independent examination of the relevant evidence. On careful examination of different versions......ed in Title Suit No. 183 of 1949 (Exhibit Z 3 (1); in the petition of objection affirmed by his affidavit Exhibit Z 2 (1) filed in Title Suit No, 163 of 1949 resisting the application for appointment of receiver (Exhibit) Z 1(1); in the Solenama; Exhibit filed in Title Suit No. 163 of ..Category: Property Law | Date: | Hits: 448
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