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Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
.... as Debuttor, the essential element in which is a deity or an idol, we now come to the other and equally important type of Hindu religious endowment which is described as Math or Muttum. ’Math', in ordinary language, signifies an abode or residence of ascetics. In legal parlance, it connotes a mon..Category: Civil Law | Date: | Hits: 104
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....11 of 1978 of the Court of Munsif, 3rd Court, Dhaka renumbered as Title Suit No.933 of 1982 of the Court of Munsif, 6th Court, Dhaka. 2. Plaintiffs instituted the aforesaid suit for ejectment of ordinary ejectable monthly tenants at will stating that plaintiffs are the sole 16 annas owner of Mu..Category: Civil Law | Date: | Hits: 94
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....ts jurisdiction in Certiorari cannot sit over as the court of Appeal. Since the impugned order of review passed by the Full Board is based on documentary evidence, the High Court Division in its extraordinary jurisdiction under article 102 of the constitution cannot interfere with the finding of the..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....……………………………Appellant Vs. RMS Textile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: The appeal is allowed. In an ordinary commercial credit transaction normally there are four parties. The parties are (i) the buye..Category: Business or Commercial Law | Date: | Hits: 365
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....liability of the loan so that the undertaking given by Siemens is still in force and therefore the respondents were under the impression that if for any reason Siemens defaults the bank would, in the ordinary course of business, make payment but it appears that the bank keeping the respondents in th..Category: Civil Law | Date: | Hits: 87
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..Category: Civil Law | Date: | Hits: 195
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....rity in effect has provided that unless the Special Tribunal has already taken cognizance of such offence before 23.8.77, the omitted Penal Code offences will be tried with effect from 23.8.77 by the ordinary Court s under the Code of Criminal Procedure although these offences may have been commit..Category: Criminal Law | Date: | Hits: 103
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....Faridul Alam, Dock Master of the Chittagong Port Authority and Dr. Md. Mosharraf Ashraf, Chief Chemist, Department of Shipping, 'to determine toxic substances on board of M.T. Enterprise in excess of ordinary sea voyage.' After conducting the survey on 27.08.2008 and the Committee submitted its re..Category: Environmental Law | Date: | Hits: 688
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....ing, the Court has no power to read into the statute words for conveying a different meaning. The rule of literal construction requires the Court to construe a provision of a statute according to the ordinary and natural meaning of the language used by the legislature as the language so applied best..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....any. Secondly, where there are irregularities in the way the company is run, and also in many cases where Directors are in breach of their duties, the majority shareholder in general meetings may, by ordinary resolution, ratify what has been done. In those circumstances the Court will not allow a mi..Category: Company Law | Date: | Hits: 129
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....t Act. Section 151 of the Contract Act runs as follows:- "151. Care to be taken by bailee.- In all cases of bailment the bailee is bound to take as such care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, qualit..Category: Civil Law | Date: | Hits: 106
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....ing, the Court has no power to read into the statute words for conveying a different meaning. The rule of literal construction requires the Court to construe a provision of a statute according to the ordinary and natural meaning of the language used by the Legislature as the language so applied best..Category: Criminal Law | Date: | Hits: 81
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....rds “deemed by law to be a resident” as it has been used in Article 122 is beyond doubt meant and intended to widen and amplify the words “is resident” so that even a person who is not in the ordinary sense “resident” would also be entitled to be registered as a voter if he or she is “..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....obable and competent witnesses, having no reason to depose falsely. The official entries regarding the despatch of the letters and the nothings in the despatch registers are all official acts done in ordinary course of business and we find no earthly reason to doubt their genuineness. Be that as it ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....ed. He then submits that the allegations brought against the accused-petitioner are factual matters require to be proved on taking evidence. He lastly submits that this Court sitting in its extra-ordinary jurisdiction under Section 561A of the Code of Criminal Procedure cannot decide the factual..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....milar view was also taken in Pakistani jurisdiction in the case reported in PLD 1969 (SC) 187 (Adnan Afzal Vs. Capt Sher Afzal). Therefore, on consideration of the laws and the decisions we hold that ordinary criminal Courts have lost jurisdiction to entertain and decide cases that may be filed unde..Category: Family Law | Date: | Hits: 209
Category: Property Law | Date: | Hits: 102
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....s:— "It is not a question of actual existence of a bias in a judge, but is a question as to whether the litigant may have reasonable apprehension about a fair trial. The test is whether a man of ordinary prudence may have an apprehension about a judicial officer's ability to maintain a standard..Category: Procedural Law | Date: | Hits: 179
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....resumption applies although the birth occurred so soon after the marriage that the child must have been begotten before it or even if the mother was visibly pregnant at the time of marriage. There is ordinary period of gestation of 280 days, a child born within less than this period of the marriage ..Category: Family Law | Date: | Hits: 114
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....livered the goods in good condition and received the same in damaged condition and then the onus is shifted on the carrier to prove that its employees took due care and caution as a reasonable man of ordinary prudence to protect the goods but in spite of their taking such action due to circumstances..Category: Limitation Law | Date: | Hits: 174