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Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
.... the section which it qualifies. And, so far as that section itself is concerned, the proviso again receives a restricted construction: where the section confers powers, it would be contrary to the ordinary operation of a proviso to give it an effect which would cut down those powers beyond what c..Category: Others | Date: | Hits: 135
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
.... on inquiry, they replied that nobody tortured them and that the confessional statements are true and voluntary. 53. The confession of an accused person against a co-accused is not evidence in the ordinary sense of the term. Such a confession can only be used to lend assurance to other evidence a..Category: Criminal Law | Date: | Hits: 116
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
...., 1897 as follows: District Judge. "District Judge" shall mean the Judge of a principal Civil Court of original jurisdiction, but shall not include (the High Court Division) in the exercise of the ordinary or extraordinary original civil jurisdiction. 10. Both the learned Advocates have submit..Category: Trust/Waqf Law | Date: | Hits: 153
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
....eal it was dismissed by High Court with observation that section 247 CrPC is mandatory. Personal appearance of the complainant is compulsory. The section makes no difference between govt. servant and ordinary complainant in respect of personal appearance, order of acquittal was correct. 30. But l..Category: Procedural Law | Date: | Hits: 73
Nasiruddin (Md.) Vs. State, 2009, 38 CLC (HCD)
....ony without corroboration.'' 30. We have taken notice of the accused being a কুখ্যাত সন্ত্রাসী as proved by the P.W.1. This is a relevant fact to explain as to why ordinary people are afraid of disclosing against this type of criminal. 31. We have examined this..Category: Criminal Law | Date: | Hits: 79
Abdul Mataleb Howlader and others Vs. State, 2003, 32 CLC (HCD)
....of the case so transferred to the present Tribunal, we may be permitted to state that the case in question arose out of double murder and in that case it cannot be said that the particular case is of ordinary nature. 7. Before parting, with this record we may be permitted to say few words about t..Category: Criminal Law | Date: | Hits: 86
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....re joined together to be tried by the Special Tribunal at one trial whereas the Tribunal was constituted to try case mentioned in the schedule of the Special Powers Act and not for offences under the ordinary penal laws of the land. It has also been held in that decision that joinder of Schedule o..Category: Criminal Law | Date: | Hits: 87
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....ommittee has been so authorised specifically to amend the Constitution except Article 110 which said that "The provision of any of these articles may be amended, altered or modified at any time in an ordinary General Meeting by a majority of two-thirds of the total number of members of the Associati..Category: Civil Law | Date: | Hits: 74
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 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: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
.... তথ্য প্রকাশ অধ্যাদেশ, ২০০৮” (Voluntary Disclosure of Information Ordinance, 2008) (Ordinance No.27 of 2008) published in the Bangladesh Gazette, extra ordinary issue, on June, 08, 2008 (Annexure-A) and the amendment made thereunder should not be decla..Category: Constitutional Law | Date: | Hits: 264
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....es in the registry as he did on 19‑7‑99. 22. In the affidavit-in-opposition, respondent No.3 has claimed to have sent the notice dated 4‑7-99; 3‑8‑99 and 5‑10‑99 to the petitioner in ordinary mail. The petitioner has denied to have received any of such notices. 23. Regulation 113..Category: Company Law | Date: | Hits: 232
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
....the Code of Civil Procedure for restoration of the pre‑emption proceeding was not maintainable in view of section 96(13) of the State Acquisition and Tenancy Act which provides for an appeal to the ordinary Civil Court from any order passed under section 96 of the State Acquisition and Tenancy Act..Category: Property Law | Date: | Hits: 52
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....very dishonest Association and they have no right to continue as such. Mr. Nabi concentrates on the provisions of sub‑sections (v) and (vi) of section 241 of the Act, and submits that it is an extraordinary jurisdiction conferred on the Court and the Court has enough power to pass a winding up ord..Category: Employment/Service Law | Date: | Hits: 144
Category: Employment/Service Law | Date: | Hits: 99
Rezaul Karim Razu Vs. State, 2004, 33 CLC (HCD)
....pon is obviously and primarily designed as an instrument for domestic use then it would normally fall outside the definition of arms, but if it is such that it cannot be described as an instrument of ordinary daily domestic use, and is, on the other hand, capable of being employed as a weapon of off..Category: Criminal Law | Date: | Hits: 78
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....trator had any knowledge that the concerned capsules were adulterated and not a genuine one and in the opinion of the analyst it would not be known by anybody without a chemical examination. Thus, an ordinary drug store owner, purchasing drugs from the medical representative of the manufacturing com..Category: Criminal Law | Date: | Hits: 83
Category: Limitation Law | Date: | Hits: 175
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....d that a private person cannot be tried under section 5(2) of the Prevention of Corruption Act, 1947. It has been further held that the offence committed by the private individuals may be tried under ordinary law and not under Anti Corruption Act. Mr. Syed Abu Kowsar, the learned Assistant Attorney..Category: Criminal Law | Date: | Hits: 105
Category: Property Law | Date: | Hits: 171
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....in the instant case the caterer having performed his function in full to the satisfaction of the Railway Authority and he having not found to be an undesirable person, serving unwholesome food to the ordinary citizen, his right to such service during his contractual period cannot be taken away witho..Category: Civil Law | Date: | Hits: 72