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State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....he conspiracy of rape and murder of Shajneen. The role of Hasan falls under the purview of the expression "abetment" (প্ররোচনা). This word is not defined in the Ain, 1995. However the ordinary meaning of the word abetment and also the definition there of in section 107 of the Penal C..Category: Criminal Law | Date: | Hits: 70
Sk Md. Tariqul Alam and another Vs. ATM Matiul Islam, 2006, 35 CLC (HCD)
.... construed. The petitioner must satisfy the Court that he was not negligent and inactive while determining sufficient cause. The Court should be lenient and should overlook some negligence that is an ordinary incident of human affairs. If there appears no gross negligence the Court can condone the d..Category: Procedural Law | Date: | Hits: 116
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....h of the person to whom the harm is caused, or Thirdly, If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or Fourthly, If the person committing the act knows th..Category: Criminal Law | Date: | Hits: 236
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....strate in exercise of inherent jurisdiction of High Court Division for securing ends of justice. Both the orders passed by the learned Additional Sessions Judge illegally interrupted and diverted the ordinary course of Code of Criminal Procedure which cannot be supported by this Court. The learned A..Category: Criminal Law | Date: | Hits: 55
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
.... of a statute was explained in the case of Messrs Speed Bird Navigation Co and another Vs. Bangladesh and others reported in 27 DLR 170 in the following terms: "By employing the literal rule, the ordinary and grammatical sense of the words should be accepted at the first instance. But if such ac..Category: Civil Law | Date: | Hits: 131
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....with a lawful object, and are not, by the Contract Act, expressly declared to be void. 11. The feature, that distinguishes a sale of goods in auction from a sale of goods in market, is that, in an ordinary sale in market the seller offers to sell his good at a specific price and the buyer accepts..Category: Business or Commercial Law | Date: | Hits: 209
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....se expressly provided nothing herein contained shall operate to give any Courts jurisdiction over suits the amount or value of the subject matter of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction". Then observed that since the suit is valued at much above Taka 5 lac then th..Category: Procedural Law | Date: | Hits: 90
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
....e released from arrest. Words and phrases Act of God A loss occasioned by an Act of God is a loss arising from and occasioned by the agency of nature which cannot be guarded against by the ordinary exertions of human skill and prudence so as to prevent its effect. An "Act of God" was alwa..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 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. In spite of an alternative statutory remedy, an aggri..Category: Information Technology Law | Date: | Hits: 324
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....Ordinance LX of 1983 making those triable exclusively by The Special Tribunal. Subsequently however, paragraph 4C was omitted by Act XVIII of 1995 once again making those triable under the general or ordinary law of the land. For a temporary period those three sections were taken out of the Penal Co..Category: Criminal Law | Date: | Hits: 72
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....ded by the High Court of Malawi and many others, which have been discussed by the Judicial Committee of the Privy Council in the case of Reyes. Their Lordships of the Privy Council observed that "the ordinary task of the courts is to give full and fair effect to the penal laws which the legislature ..Category: Criminal Law | Date: | Hits: 128
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....facturing arms;” Kirizes, Chapaties, Chinese axe and Ram Daos are generally dangerous weapons of offence and are kept and maintained by people having criminal propensities. Those are by no means ordinary household impel. It is not understood why kiriz should not be treated as “Arms” when da..Category: Criminal Law | Date: | Hits: 38
Agrani Bank Vs. W Rahman Jute Mills Ltd. and ors., 1998, 27 CLC (HCD)
....alat and after the amendment on the Artha Rin Adalat Ain the same Court is competent to execute the decree and it has been done in the present case. It is well settled that Artha Rin Adalat is not an ordinary civil Court but it is a civil Court of defined nature and the provisions of the Code are no..Category: Civil Law | Date: | Hits: 108
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....ble to display anything of that sort on the face of this petition. The second issue, thus, goes against the petitioner. 76. As to the 3rd issue, suffice will it to say that we can not, in the ordinary circumstances, in the context of Trichotomy of power, as envisaged by our Constitution, dic..Category: Constitutional Law | Date: | Hits: 231
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....ssion from his vendor. Onus is very heavy on him. There is no onus on the other side, as was wrongly placed by the appellate Court. 30. The law is now settled. Section 41 TP Act is an exception to ordinary rule that the transferor cannot convey a greater title to the transferee than he himself ha..Category: Property Law | Date: | Hits: 113
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....ces under which an application for pre-arrest or anticipatory bail can be considered under Section 498 of the Code of Criminal Procedure. We wish to lay down as a first proposition that it is an extraordinary remedy, and an exception to the general law of bail which can be granted only in extraordin..Category: Criminal Law | Date: | Hits: 100
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....ore us, I am of the view that in case of breach of any obligation under a contract between government and a private party, proper remedy lies in a civil suit and not in a writ petition under the extraordinary jurisdiction given by the Constitution. But this principle will not apply when the governme..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....lone and naturally the Constitution itself spells out the qualifications as well as the disqualification of such members keeping an eye to their onerous and honourable functions, because they are not ordinary people, rather, their posit as a member of Parliament makes them not only extraordinary rat..Category: Constitutional Law | Date: | Hits: 202
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
.... not material as to what is the name or shape and size of the instrument, but the purpose for which it is used is material. All the Courts are also of the view that the instruments which are used for ordinary domestic purposes cannot be considered as arms. The Courts also held that the instrument wh..Category: Criminal Law | Date: | Hits: 40
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....ts all doubts at rest. ‘Include’ is not used in a sort of a conjunctive sense so as to make only such things correspond to the word ‘defined’ as answer to the meaning given to the word in the ordinary language as well as the scope assigned to it by the definition. Since the purpose is to ext..Category: Fiscal/Taxation Law | Date: | Hits: 86