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Displaying 441-460 of 853 results.

Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....present, but to give the parties an opportunity not to produce witnesses for the purpose of proving their case by way of formally stating it on the witness dock and to prove their documents, as in an ordinary Civil Case. 43. The above view taken by us is supported by the language of sub-section ..

Category: Civil Law | Date: | Hits: 147

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

....as follows: “10. Whenever any person, not being an exempted person, has died leaving assets within Bangladesh, or being an exempted person, has died leaving assets within the local limits of the ordinary original civil jurisdiction of the High Court Division or within any area notified by the G..

Category: Trust/Waqf Law | Date: | Hits: 183

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

.... dictum laid down in that case, in the words of Viscount Haldane, is as follows: "When a question is stated to be referred to an established Court without more, it, in my opinion, imports that the ordinary incidents of the procedure of that Court are to attach, and also that any general right to ..

Category: Civil Law | Date: | Hits: 87

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

.... policy for invoking the power under Article 3 of the said PO. The learned Attorney‑General further submitted that because of the delay and laches on the part of the petitioner in invoking the extraordinary jurisdiction of this Court, the petitioner is not entitled to any relief and as such the ap..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)

....lared illegal, void ab initio subject to the following exceptions: 1. all executive acts, things and deeds done and actions taken during the aforesaid period which were required to be done for the ordinary orderly running of the country, and which were not otherwise illegal at the relevant time; ..

Category: Constitutional Law | Date: | Hits: 222

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

.... this con­nection, we feel tempted to say that the power of judicial review has been specifically vested in the High Court Division under Article 102 of the Constitution-This is, no doubt, an extra­ordinary power of the High Court Division. Reverting to the present case, in any event, we are not e..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

....ustice of Bangladesh is a pivotal appointment for maintaining the independence of the judiciary and for pro­viding a free and unobstructed access to impartial and independent Courts/Tribunals to the ordinary citizens. Any deviation from the method prescribed under the Constitution for appointment t..

Category: Constitutional Law | Date: | Hits: 228

Ansar Ali Khan Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)

.... loan taken by him from any specified bank within time allowed by the Bank therefore. As there is no ambiguity in the words, the provision of section 7(2)(g) have to be given their plain, natural and ordinary meaning. In the decision in the case of Attorney‑General Vs. Lockwood, (1842) 9 M & W..

Category: Election Law | Date: | Hits: 128

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

....ated 29.9.1953 bearing the signature of the issuing authority, Manager, Baraura Tea Company Ltd. in the name of Md. Aslam. Ext. 1(a) another rent receipt dated 7.10.1957 for the year 1362 BS in an ordinary typed paper dated 15.10.1955 signed by Manager, with Ext. 2 is a letter dated 15.9.1955 lea..

Category: Property Law | Date: | Hits: 96

Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)

....y accept that the person resisting or obstructing execution is a third party in possession who is not bound by the decree in which case he will have to institute a separate suit for possession within ordinary period of limitation for obtaining possession. He may proceed on the assumption that the re..

Category: Civil Law | Date: | Hits: 89

Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Techno­logy, 1991, 20 CLC (HCD)

....cy which, in his opinion, requires that immediate action should be taken, take such action as he deems necessary, and shall at the earliest opportunity report his action to the authority which in the ordinary course would have dealt with the matter." Which is similar to the provision of section 1..

Category: Employment/Service Law | Date: | Hits: 155

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..

Category: Company Law | Date: | Hits: 159

Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)

....facie evidence of fault, and she cannot escape liability for the consequences of her act, except by proving that a competent seaman could not have averted or mitigated the disaster by the exercise of ordinary care and skill. This is the General Rule in the case of ‘collision between a vessel under..

Category: Admiralty Law or Maritime Law | Date: | Hits: 177

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

....ry injunction. The learned Subordinate Judge without carefully considering the law applicable illegally entertained the application under Order 39, rule 1 of the Code of Civil Procedure in an extra‑ordinary manner by way of making the Deputy Commissioner, Narayanganj and the Magistrate concerned a..

Category: Property Law | Date: | Hits: 389

Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)

....on). In the decision in the case of Grey Vs. Pearson, (1857) 6 HLC 61,106 Lord Wensleydale observed. ‘‘In construing wills, and indeed statutes and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity, or some r..

Category: Constitutional Law | Date: | Hits: 164

Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)

....application under Article 102 may not be entertained to circumvent a statutory procedure. There are, however, exceptions to the rule. Without attempting an exhaustive enumeration of all possible extraordinary situations we may note a few of them. Inspite of an alternative statutory remedy an aggriev..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....e Court" having jurisdiction under this Act." (6) "District Court" means the principal Civil Court of original jurisdiction in a district, but does not include a High Court in the exercise of its ordinary original civil jurisdiction." 10. He has also referred to section 3 of the Companies Ac..

Category: Company Law | Date: | Hits: 193

State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)

....rcation assault, etc. followed. Dead bodies scattered within 50 yards within the place of occurrence. 34. No interval between verbal quarrel followed by separation of parties not sufficient in the ordinary course to allow passion to subside and reason to prevail. The transaction may well be treat..

Category: Criminal Law | Date: | Hits: 111

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....rom the record that these appellants availed a credit facility of TK. 10,000,000.00 from IPDC by way of equity investment. It is clear from the share purchase agreement that IPDC received one million ordinary shares of TK.10 each from the appellant company as security of the credit facility. Subsequ..

Category: Civil Law | Date: | Hits: 78

Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)

....cation, assault, etc. followed. Dead bodies scattered within 50 yards within the place of occurrence. 36. No interval between verbal quarrel followed by separation of parties not sufficient in the ordinary course to allow passion to subside and reason to prevail. The transaction may well be treat..

Category: Criminal Law | Date: | Hits: 68