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Displaying 361-380 of 853 results.

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

.... that the plain­tiffs who are acting as bargadar under defendant No.1 and subsequently the defendant No.2 and 3 took advantage of the same and instituted the suit. It has been mentioned earlier that ordinary this Court exercising the power conferred under section 115 of the Code of Civil Procedure ..

Category: Property Law | Date: | Hits: 90

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

....he master and servant relationship as is generally understood and the relationship between the Government and High Court Judges. They, the Judges of the High Court, are not Government servants in the ordinary signification of that expression. From the specific provision made in Part VI of the Consti..

Category: Constitutional Law | Date: | Hits: 353

Kazi Gowaherul Islam (KJ Islam) Vs. Standard Co-operative Credit Society Ltd and another, 1998, 27 CLC (HCD)

....tiff is not a financial institution as contemplated under the Artha Rin Adalat Ain. According to the petitioner the suit has been wrongly filed in the Artha Rin Adalat instead of filing it before the ordinary Civil Court. The Adalat then on hearing both the sides by order dated 17-8-97 rejected the ..

Category: Civil Law | Date: | Hits: 135

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....sides appeared to be swayed by emotions. During the above period so many Martial Law Proclamations were issued, Martial Law Regulations were made, Martial Law Rules and orders were passed and so many ordinary laws like Ordinances, Rules, Regulations, Bye‑laws, etc. were passed by the authority for..

Category: Criminal Law | Date: | Hits: 202

Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)

....ny offence, in such cases it will be legitimate for the High Court Division not to allow the proceeding to be continued against the accused persons. The inherent power which are in the nature of extraordinary power also has to be pressed in aid when there is a flagrant abuse of the process of the Co..

Category: Criminal Law | Date: | Hits: 112

MJL Bangladesh Ltd. Vs. Commissioner, Customs Excise and VAT and others, 2010, 39 CLC (HCD)

....by the VAT authority in its entirety as per statement given in Annexure-'Z' of the supplementary affidavit dated 25-7-2010 forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 257. ..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)

.... by the High Court Division. But because of his arrest in the aforesaid criminal case he could not be released. It is further stated that since his arrest he is being kept in Dhaka Central Jail as an ordinary under-trial prisoner in a closed cell and in solitary confinement causing gradual decay to ..

Category: Criminal Law | Date: | Hits: 105

Rokeya Begum Vs. Md. Abdur Rahman alias Ganda being dead his heirs: 1(a) Md. Abdul Barik and others, 1998, 27 CLC (HCD)

....that since the suit has been valued at Taka 2000.00 only praying for recovery of possession it is exclusively triable by the Village Court under the Village Courts Ordinance, 1976 and consequently an ordinary civil Court has/had no jurisdiction to entertain and try the suit. 6. To elaborate his a..

Category: Property Law | Date: | Hits: 86

Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)

....er section 34 of this Code; and (c) for such sum for costs as may be prescribed: Provided that, if the plaintiff claims more than such fixed sum for costs, the costs shall be ascertained in the ordinary way. (3) A Decree passed under this rule may executed forthwith. 4. Under rule 2(1) s..

Category: Procedural Law | Date: | Hits: 92

Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)

.... since it requires adjudication on facts and on evidence. The other one is in the case of Shamsunnahar Salam Vs. Md. Wahidur Rahman 51 DLR (AD) 232 wherein their Lordships have held that however extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which r..

Category: Fiscal/Taxation Law | Date: | Hits: 177

Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)

....ossain’s case 41 DLR (AD) 165). It is also a cardinal principle of interpretation of a statue that where interpreting the law, the Court will take law as it finds the law and take every word in its ordinary meaning as expressly said in the Act itself. Legislature means what it says and does not me..

Category: Election Law | Date: | Hits: 162

Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)

.... a close scrutiny of the Regulation-3 of MLR No.1 of 1982 reveals that a review of the proceedings of a Martial Law Court is an “essential part” of the original proceeding which is unknown to the ordinary procedure of trial of criminal case under the Code of Criminal Procedure, 1898. Regulation ..

Category: Employment/Service Law | Date: | Hits: 182

Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

....nds by motivated trespassers and when the property subjected to the trust is in imminent danger of being destroyed and wasted and trespassed and adversely possessed, the Court in exercise of its extraordinary power could allow what is necessary for the purpose of preserving the trust property. The l..

Category: Trust/Waqf Law | Date: | Hits: 166

Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)

....medy is provided by law, it must be exhausted before one can obtain any relief under Article 102 of the Constitution for the remedy provided by this Article is not intended to be a substitute for the ordinary forms of legal action. It is undisputed that the present petitioner filed an Election Pe..

Category: Election Law | Date: | Hits: 154

Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)

....ral construction of its verses. This rule is a universal one. The first and elementary rule of construction is that it is to be assumed that the words and phrases have been used in a statute in their ordinary meaning and that every word in a statute is to be given a meaning. 11. Then there is a p..

Category: Family Law | Date: | Hits: 528

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

....ish it from any other form of proceedings known to our Courts of law. In the first place, it should be distinguished from a suit which is the form that an action normally takes when instituted in the ordinary Courts of civil jurisdiction; and in the second place, it should be distinguished from "civ..

Category: Constitutional Law | Date: | Hits: 344

One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... consent of the Securities and Exchange Commission (in short, SEC) to make an issue of capital in Bangladesh. The authorized capital of the company is Taka 120,00,00,000 only divided into 1,20,00,000 ordinary shares of Taka 100 only each with rights, privileges and conditions attached thereto as are..

Category: Business or Commercial Law | Date: | Hits: 237

Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)

.... "in the absence of any special contract") and 161 of the Contract Act and they would be liable in the absence of proof that they took as much as care of the goods taken charge of by them as a man of ordinary prudence would in similar circumstances take. Reliance may be placed on GE Shipping Vs. Co...

Category: Civil Law | Date: | Hits: 112

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....ich by adding sections 22A, 23(A) and 233 to the original Act gave power to the Central Government or the State Bank to determine whether an offender, under the original Act was to be tried under the ordinary law (section 23), or by an Adjudication Officer (section 23A), or by a Tribunal (section 23..

Category: Property Law | Date: | Hits: 150

Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

....on the O.P. So, without coming to a decision on these above points, ejectment suit in the S.C.C. file cannot proceed. So, as complicate question of title is involved the suit should be transferred to ordinary Court to be tried as ordinary title suit". In this view of the matter the suit was trans..

Category: Property Law | Date: | Hits: 113