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Wednesday, February 6, 2008

[mukto-mona] Rule Absolute in Hasina's case pronounced by the High Court

A judge who thought there might be something in this would make a provisional order for a new trial, known as a 'rule nisi' ('nisi' is Latin for unless) and in this context the order meant that there would be a new trial unless a sort of appeal court, usually consisting of all the judges of that division of the court - including the judge who had made the original ruling, ordered otherwise after further argument.

The sittings of the full court of the division, referred to as sitting 'en banc' would be held at the end of each legal Term, when all the judges would spend a week or two in effect reviewing the difficult cases from the previous term.

Counsel for the party complaining about the verdict were said to appear 'in support of the rule'. and the other side would also be represented in further legal argument as to whether the complaints were justified and a new trial was warranted.

At the end of the argument the court would either decide that the original trial was flawed, in which case the rule nisis would become a rule absolute, and a new trial would be ordered, or would decide that the complaints about the original trial were not justified, in which case the rule would be discharged and the original verdict would stand.

This practice continued in common law courts despite the Common Law Procedure Act 1852, which reformed many aspects of common law procedure, but it disappeared IIRC after the implementation of the Judicature Acts 1873-75 which formally merged common law and equity courts and put in place a more rational appellate structure, which survives very largely intact to the present day.

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Sign the Petition : Release the Arrested University Teachers Immediately : An Appeal to the Caretaker Government of Bangladesh

http://www.mukto-mona.com/human_rights/university_teachers_arrest.htm

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Daily Star publishes an interview with Mukto-Mona
http://www.mukto-mona.com/news/daily_star/daily_star_MM.pdf

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MM site is blocked in Islamic countries such as UAE. Members of those theocratic states, kindly use any proxy (such as http://proxy.org/) to access mukto-mona.

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Mukto-Mona Celebrates 5th Anniversary
http://www.mukto-mona.com/Special_Event_/5_yrs_anniv/index.htm

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Mukto-Mona Celebrates Earth Day:
http://www.mukto-mona.com/Special_Event_/Earth_day2006/index.htm

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Kansat Uprising : A Special Page from Mukto-Mona 
http://www.mukto-mona.com/human_rights/kansat2006/members/


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MM Project : Grand assembly of local freedom fighters at Raumari
http://www.mukto-mona.com/project/Roumari/freedom_fighters_union300306.htm

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German Bangla Radio Interviews Mukto-Mona Members:
http://www.mukto-mona.com/Special_Event_/Darwin_day/german_radio/


Mukto-Mona Celebrates Darwin Day:

http://www.mukto-mona.com/Special_Event_/Darwin_day/index.htm

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Some FAQ's about Mukto-Mona:

http://www.mukto-mona.com/new_site/mukto-mona/faq_mm.htm

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VISIT MUKTO-MONA WEB-SITE : http://www.mukto-mona.com/

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"I disapprove of what you say, but I will defend to the death your right to say it".
               -Beatrice Hall [pseudonym: S.G. Tallentyre], 190




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