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Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
.... 11. Considering that in the instant case the statute has not specifically devised any alternative forum for giving speedy, efficacious and complete relief to the aggrieved party, on the contrary the ordinary course of seeking relief has been prohibited, and also considering that more than a year ha..Category: Civil Law | Date: | Hits: 116
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
..... He further submits that the Artha Rin Adalat is a special forum constituted under the special law with limited scope and it is a Civil Court for a limited purpose and it is not a Civil Court in the ordinary sense of the term and, as such, all provisions of the Code of Civil Procedure shall not app..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....d under the Small Cause Courts Act, IX of 1887. Section 7 is intended to apply to Small Causes Court established with exclusive jurisdiction to try Small Cause Suits and also to other Civil Courts of ordinary jurisdiction specially empowered to exercise small cause jurisdiction in respect of specifi..Category: Procedural Law | Date: | Hits: 82
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....anager had sanctioned the over-draft in violation of rules, etc. but that would only be a charge against the Bank Manager. The learned Counsel strenuously argued that how a businessman who in the ordinary course of business takes a loan from the Bank can be liable for criminal prosecution only b..Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....ointed Commissioners to inquire into them (Placitorum Abbreviation 155 49 Hen 3). 42. From about 1280, the judicial forms of the Writ of Certiorari were in common use, issued on the application of ordinary litigants (Saldon Soe- Vo/s 55, 57, 58, 74, 76, 82 and 88 edited by GD Sayles). 43. Cert..Category: Property Law | Date: | Hits: 159
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....m the decision of the Court of Appeal. That was a case under Schedule I of the Stamp Act, 1891 of which our Stamp Act, 1899 may be called an exact replica. The respondent in that case purchased the ordinary stock of a Company at a price to be paid in two instalments. The first instalment was p..Category: Fiscal/Taxation Law | Date: | Hits: 269
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....ce of any of those situations, it would be open to the High Court to quash a case either under the inherent power as retained by Section 482, (which corresponds to our Section 561A) or under the extraordinary jurisdiction conferred by the Constitution through Article 226, (which is similar to our Ar..Category: Criminal Law | Date: | Hits: 133
Category: Others | Date: | Hits: 154
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....f 1972 in the proceeding. P.O.50 of 1972 was not given retrospective effect. It was held by the High Court that the offences committed before the promulgation of P.O.50 were to be tried by a Court of ordinary jurisdiction in accordance with the procedure laid down in the Criminal Procedure Code. In ..Category: Criminal Law | Date: | Hits: 76
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....amed as witnesses. No wonder the court below considered them to be procured witnesses. This finding of fact we do not consider to be arbitrary or an absurdity that could not be arrived at by a man of ordinary prudence in the facts and circumstances of the case. In the instant case P.W.1 and P.W.2 ar..Category: Property Law | Date: | Hits: 89
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.... the Eden Girls' College on deputation. She was awarded a Fulbright Scholarship for prosecution of higher studies in USA. The Government of Bangladesh by its order dated 25.7.91, approved her extra‑ordinary leave to prosecute higher studies in USA and thereafter she left for USA in August, 1991. A..Category: Constitutional Law | Date: | Hits: 238
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....post, then that should have been backdated to the date when he stood released, i.e. on 11-3-1991. The petitioner further points out that the period of his absence from work cannot be termed as extraordinary leave since he was out of his post not through his own volition, but through the action of ..Category: Employment/Service Law | Date: | Hits: 156
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....wdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the action of the respondents in not allowing the petitioner to carry out his leasehold right by extracting ordinary stone using no heavy machinery from 30 hectares of land in Mouza Balabari, Lohakachi and Ma..Category: Property Law | Date: | Hits: 66
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....obtaining justice in the cause—it should not be invoked where another remedy is available. This power has not been vested upon the High Court Division where any remedy is available. This is an extraordinary power and is excised in extra-ordinary circumstances in the interest of justice." 14. It..Category: Criminal Law | Date: | Hits: 100
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....st such a person by an Artha Rin Adalat constituted under the Atha Rin Adalat Ain, 2003, is an "order" or a "Judgment" or "decree" within the meaning of that Ain? If such a person seeks to show in an ordinary civil Court that the decree passed by the special tribunal or Court is a nullity does it am..Category: Civil Law | Date: | Hits: 141
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....l have to be slow in accepting such kind of suggestion without critically examining its propriety. 17. It is no doubt true that the power as envisaged in section 561-A of the Cr. P. C. is an extra ordinary power which is inherent in the High Court for doing justice but such power is to be used ..Category: Criminal Law | Date: | Hits: 115
Category: Property Law | Date: | Hits: 114
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
....al prosecution witnesses did not tell him whether they could recognize any of the dacoit. The beginning of the examinations-in-chief of all prosecution witnesses were so mechanical that any person of ordinary prudence would understand that they were tutored witnesses, thus their evidence regarding i..Category: Criminal Law | Date: | Hits: 103
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
.... the person challenging it is a person who is not interested in the waqf. If the expression it read in its proper context the meaning of expression "any person aggrieved” cannot but be held in it ordinary meaning to denote any person who is interested to challenge the order made under this sub..Category: Trust/Waqf Law | Date: | Hits: 136
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ssal in the jurisdiction. On the other hand, the Appellant contended that as Respondent No.1 even after nationalisation continued to be an employee of a private limited company he was governed by the ordinary law of Master and Servant and, therefore, his application under Article 102 of the Constitu..Category: Employment/Service Law | Date: | Hits: 104