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Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....6G were not consiÂdered to be necessary to be included in secÂtion 95 at the time when the East Pakistan State Acquisition and Tenancy Act was enacÂted or where the legislature lost right of those judicial authorities which gave strict interpreÂtation to the usufructuary mortgage as used in sect..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....s is not in favour of granting injunction in such a matter but he vigorously contended that in an age when all walks of life are being regulated by the state, this Court should consider as to how far judicial control is necessary for the perseverance of the non legal rights of the citizens. The lear..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....But an act which is manifestly without jurisdiction, such as the property which not being an abandoned property within the meaning of Presidential Order 16 of 1972 is declared to be so, or in case of judicial or quasi judicial act which is coram non judice, the use of the expression 'purported exerc..Category: Constitutional Law | Date: | Hits: 157
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ..Category: Criminal Law | Date: | Hits: 42
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....f the proposition that a taxing statute is to be construed strictly in favour of the subject. But this view though not abandoned in case of unreÂsolved ambiguity, does no longer find favour with the judicial authorities. This view of strict construction prevailed at a time when the doctrine of lais..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's ReÂpublic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the order of conÂviction and sentence is wholly illegal and a nullity in the eye of law; and it being violative of the fundamental right guaranteed under Article 32 of the Constitution is subject to judicial review under Article 102 of the Constitution. It was further argued that in spite of the Pr..Category: Criminal Law | Date: | Hits: 294
Salimuddin Ahmed Vs. The State, 1980, 9 CLC (AD)
....ceedings of the instant case should be quaÂshed. Mr. Aleem-Al-Razee, appearing for the petitioner, contended that the charge-sheet bad been submitted against the petitioner on the ground that extra judicial confession had been made by one of the accused implicating the petitioner as being the real..Category: Criminal Law | Date: | Hits: 51
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
.... order of the Magistrate dated 27.2.75, because, the case being a pending one it was not affected by the repeal of P.O. 50 of 1972. The learned Counsel contended that the order of discharge being a judicial order it could not be superseded by a subsequent order passed by the learned Magistrate, an..Category: Criminal Law | Date: | Hits: 48
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....o the executing proceedings after long lapse of time, if the tenant does not vacate the premises even after one year's time, obviously is not looking to the interest of the decree-holder. It is not a judicial exercise of discretion and, as such, it; cannot be sustained. 4. Mr. Abdur Rahim, the le..Category: Tenancy Law | Date: | Hits: 69
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
.... the First informaÂtion Report belonged to Jatya Ganataatrik Dal. In a public meeting held in Paltan Maiden on March 17, 1974, the respondent and some other leading members of the party delivered prejudicial speeches and after annÂouncing the programme of gherao a procesÂsion of six to seven thou..Category: Criminal Law | Date: | Hits: 66
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....p; Shahabuddin Ahmed CJ.- In this appeal by special leave, the short question is whether the High Court Division applied its judicial mind while summarily rejecting an application by the accused-appellants under sectio..Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ..Category: Civil Law | Date: | Hits: 112
Kalu and another Vs. State, 1993, 22 CLC (AD)
.... Court Division in upholding the conviction and sentence of the appellants. The appeal is accordingly dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..Category: Criminal Law | Date: | Hits: 58
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....roach has to be cautious in dealing with such evidence; but the plea that such evidence should be rejected because it is partisan cannot be accepted as correct". Keeping all these judicial pronouncements in mind it is to be considered whether the assessment and appreciation of t..Category: Criminal Law | Date: | Hits: 60
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... the basis of mere comparison of the signature appearing in the lease deed with the kabala. It appears that the learned Judges while summarily rejecting the writ petition did not at all apply their judicial minds to this material aspect of the case. 5. Leave was granted for consideration w..Category: Property Law | Date: | Hits: 63
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
.... learned. Judges, however, preferred to follow the Calcutta view which says that no complaint by the court is necessary when a false charge has been made to the Police and has not bee followed by a judicial investigation thereof by court. 7. Section 195(1)(b) of the Code reads thus; ..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....tion is liable to be set aside because the operative portion of the grounds are vague and insufficient, that there are no particulars, no details‑nothing specific about the detenu’s prejudicial activities or maintaining of a private army immediately before his arrest that called for ..Category: Criminal Law | Date: | Hits: 88
Saidur Rahman Neuton and others Vs. State, 1993, 22 CLC (AD)
....th the crime charged. But the evidence of these witnesses as to what the victim woman told to them after the alleged occurrence is no corroboration in the eye of law. It may be pointed out that by judicial pronouncements by various courts the evidence of the prosecutrix about corroboration has h..Category: Criminal Law | Date: | Hits: 66