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Displaying 1761-1780 of 1965 results.
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....riminatory 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." 35. Munir, CJ while determining that the impugned provis......osts. 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: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order 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: 33 DLR (AD) (1981) 154. ...... due to shock and haemorrhage as a result of both the Injuries which were ante, mortem and homicidal in nature. 5. 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. Ehteshamuddln Ahmed alias Iqbal ..Category: Constitutional Law | Date: | Hits: 292
Abdul Halim Mollah @ Monohar Mollah & anr Vs. Member, App Tribunal Dacca & ors., 1982, 11 CLC (AD)
....nion is that such appeal cannot be entertained. I would, therefore, allow the appeal. Order of the Court By the majority judgment the appeal is dismissed. Ed. ......t Abdul Jabbar Mollah at about 1 A. M on August 22, 1976. The Special Tribunal by the judgment and order dated June 10, 1978 acquitted all the accused persons from the charge on the ground that the prosecution had failed to prove the case beyond reasonable doubt and accordingly benefit of doubt ..Category: Criminal Law | Date: | Hits: 40
Bangladesh Vs. Md. Misfor Ali and others, 1982, 11 CLC (AD)
....ges, the appeal must succeed. Therefore, the appeal is allowed. The judgment of the High Court Division is set aside and the Writ Petition is dismissed. We make no order as to costs. Ed. ......d. The police after investigation submitted charge-sheet against the respondents and they were put on trial before the Magistrate, 1st Class, who after examining four witnesses produced by the prosecution discharged all the accused by the judgment dated 11.2.78 on the ground that the c..Category: Employment/Service Law | Date: | Hits: 92
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ...... let us see section 67 of the Income Tax Act which runs, thus: "67. No suit shall' be brought in any Civil Court to set aside or modify any assessment made under this Act, and no prosecution, suit or other proceeding shall lie against any officer of the government for anything..Category: Fiscal/Taxation Law | Date: | Hits: 85
....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:
...... provides as follows:
“No order made under this Ordinance or under any Statute, University Ordinance, or Regulation made thereunder, shall be called in question in any Court and no suit, or prosecution or other legal proceeding shall lie against any person for anything in good faith done ..
Category: Employment/Service Law | Date: | Hits: 109
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ......o. 1 of 1977 commenced in the month of February and another commenced in the month of March. In one case as many as sixty-four prosecution witnesses were examined and in the other case ninety-seven prosecution witnesses were examined, He was convicted in both the cases and the judgments were given..Category: Criminal Law | Date: | Hits: 287
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguous to two of the seven plots, but nevertheless he was held to be owning a land contiguous to the entire land transferred and he was allowed pre-emption of the whole of the laud since partial pre-emption was not permissible in this case where the consideration of the land was n......iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... of 1981 canvassed that the expression 'person' in sub-clause (5) refers to the authorities mentioned in Article 102 (2)(a) (i)(ii). In other words, his contention was that the bar, if at all, is a partial one and not total. Mr. Ishtiaq Ahmed appearing for the petitioner in Criminal Petition......as legally inadequate, to resolve these claims. 22. A very pertinent observation has been made in that the rule that confessions obtained during illegal detention are inadmissible in criminal prosecutions in the federal courts is applicable in those courts only and does not require federal c..Category: Constitutional Law | Date: | Hits: 327
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ......mately the Special Tribunal Case No 1 of 1974 was fixed for trial on 12-3-70 and the Special Tribunal Case No. 2 of 1974 was fixed for trial on 19-3-79. In Special Case No. 1 of 1974, P.W.1 of the prosecution witness was examined and cross-examined on 15 3-79, and the case was adjourned till 21-..Category: Criminal Law | Date: | Hits: 46
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....ued for over a month, whereupon the Government referred the dispute to the Second Labour Court Dacca for adjudication which was registered as I.R.O. Case No. 5 of 1973; that the case was partially disposed of on August 7. 1973 and the parties were directed to file separate written stat......thout obtaining the necessary permission or dismissal of a worker on false allegation of misconduct has no remedy other than as provided in section 34. 63. Section 48 of the I.R.O. provides prosecution of certain persons for refusing to take part or to continue to take part in any illegal..Category: Labour and Industrial Law | Date: | Hits: 91
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......Advocate for the Appellants, submits that the relevant compensation assessment roll has already been published and prepared and as such he does not press the appeal. The appeal is dismissed for non-prosecution." 2. Leave was granted to consider whether non-retainable lands such a..Category: Property Law | Date: | Hits: 66
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. ......lready stated above against the appellant and one Md. Abdul Khaleque Bain upon which cognizance was taken. 4. From the facts as disclosed in the FIR and the charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an on..Category: Criminal Law | Date: | Hits: 51
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 ...... Code. The sentence of rigorous imprisonment of one year and a fine of Rs. 2,000/-in default to rigorous imprisonment for 6 months more awarded by the trial Court was, however, confirmed. 2. The prosecution case against the appellant, who was a contractor, was that by a resolution dated 22-3-..Category: Criminal Law | Date: | Hits: 84
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. ...... Drawing & Disbursing Officer and other higher officers of the Department were blamed for utilizing the public money in contravention of the financial rules. After the receipt of this report, prosecution was launched against the appellant alone in the Court of the Special Judge (Anti-Corrupt..Category: Anti-Corruption Laws | Date: | Hits: 142
Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)
.... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be cancelled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......t that it is the normal habit of the complainants in the districts of Punjab to implicate almost all able bodied family members of a person accused of murder to look after the case, may prejudice the prosecution of the present case………………(6) Lawyer Involved: I. U. Haque, Advocate, ..Category: Criminal Law | Date: | Hits: 60
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......Class, Lahore, with powers under section 30, for an offence under section 326 PPC, and sentenced to seven years R.I. and a fine of Rs. 100.00, or, in default of payment, further three months R.I. The prosecution case against him was that he had thrown acid on Arif Mirza, because of his suspicion abo..Category: Criminal Law | Date: | Hits: 78
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......sion Petition filed by the accused persons with regard to an interlocutory order of the Magistrate refusing copies to the accused. The delay cannot, therefore, be exclusively attributed to the prosecution. In view of the fact that the petitioner's name was definitely mentioned as one of ..Category: Criminal Law | Date: | Hits: 96
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....e 1st of July, 1944. The department then released him for his training which was to last for fifteen months, but due to the outbreak of the Great World War, the period was curtailed to six months for partial training, three months at Jabbalpore and three months in the field. After doing this trainin......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ..Category: Employment/Service Law | Date: | Hits: 103
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ......s were, at the commencement of the Pakistan Citizenship Act, 1951, the citizens of Pakistan. They were permanent residents of village Kumarkhali, P.S. Nazirpur in the district of Bakerganj. 3. The prosecution case was that the respondents applied to the Government of India and to settle down at..Category: Criminal Law | Date: | Hits: 59
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