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Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....nstituted by the "Temple” through its next friend, such suit can he abated on the death of the next friend. 5. Order VII, rule 1 prescribes nine particulars to be contained in a plaint, of them, clause (b) contains the name, description and the place of residence of the plaintiff. In the cause ..Category: Civil Law | Date: | Hits: 104
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....ed shall be deemed to require such examination before transferring the case under section 192. (aa)……… (b) (omitted) (c)……… (2), (2A), (2B)……” 14. It is evident from clause (a) of the proviso to sub-section 200(1) that, in case of an oral complaint, the Court is b..Category: Procedural Law | Date: | Hits: 92
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....te to, - (i) orders for the attachment of immovable property, (ii) injunction (iii) the appointment of a receiver of immovable property, or (iv) the interlocutory orders referred to in clause (e) of section 94 and sections 96 to 112 and 115. 6. Small Cause Courts constituted under ..Category: Civil Law | Date: | Hits: 94
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....of the receipt of the copy, hold inquiry and submit the report to the court. (c) The court may allow such reasonable time as it may think fit to file objection to the inquiry report referred to in clause (b) and, if no appearance is made by the opposite party within the time mentioned in the noti..Category: Property Law | Date: | Hits: 115
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
.... same place a new sign board was hanging in the name of "Munu Shoe Museum" containing the self same goods which were under pledge and hypothecation of the bank. He further submits that although under clause No.(IV) and (V) of the latter of disclaimer issued to the bank on 06.01.1997 by the instant p..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....fore the sanctioning of the loan they had made it clear to the bank that all cheques would have to be submitted through their bank and will be deposited to the account of Contech Ltd. and pursuant to clause 4(iii) of the loan sanctioning order Siemens has given an unambiguous undertaking that they w..Category: Civil Law | Date: | Hits: 87
State Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
.... constructive knowledge about BGMEA’s bareness of title and the illegality as to the construction of the building. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 642
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
.... for the mere asking. It would be granted in rare cases to prevent manifest injustice. True the Court would not rewrite a contract between the parties but the Court would relieve against a forfeiture clause, And, where the contract between the parties had merged in the order of the Court, the Court'..Category: Civil Law | Date: | Hits: 281
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
.... in 18 DLR 709 is the case on point. In this case Murshed, CJ, speaking for the Court held: "A suit may be specifically barred by law and in such event the matter would come under express terms of clause (d) of Rule 11 of Order VII of the Code. But, even in a case where a suit is not permitted by..Category: Property Law | Date: | Hits: 149
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....from acting in a mariner prejudicial to the public safety and maintenance of public order, it isnecessary to make on order for his detention. Now, therefore, in exercise of the powers conferred by clause (a) of subsection (1) of section 3 of the Special Powers Act, 1974, the Government is pleas..Category: Criminal Law | Date: | Hits: 78
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Judgment August 8, 2011. Result: The Rule is discharged. Administrative Tribunal and its Jurisdiction The Constitution of Bangladesh, 1972 incorporated Article 117 with a non-obstante clause which is to be given full force and effect. Pursuant to the same Administrative Tribunal has ..Category: Administrative Law | Date: | Hits: 455
Category: Administrative Law | Date: | Hits: 491
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....y authority from the payee. The petition of complaint therefore on the face of it, is not maintainable and as such the impugned proceeding is an abuse of process of the Court. He adds that Proviso to clause (b) of Section 138 of the Act provides for notice to be served giving 15 days time, but in th..Category: Criminal Law | Date: | Hits: 103
Category: Election Law | Date: | Hits: 600
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....me into force can be pursued thereafter, the forum must be as provided in the repealing Act, and party can insist that the forum of the repealed Act. must continue." It is to be noticed that in clause (e) of section 6 of the General Clauses Act each of the expressions, namely investigation, ..Category: Criminal Law | Date: | Hits: 103
Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2009, 38 CLC (HCD)
....7.07.08 recommending issue of NOC was countersigned by the Chief Chemist. It is interesting to note that the Chief Chemist in his note dated 26.08.08 observed that the NOC was void in accordance with clause 8 of the NOC for supplying incorrect information in the application. In view of such observat..Category: Environmental Law | Date: | Hits: 688
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
....termination letter by the petitioner company to respondent No.1. Since there was a dispute and there was a provision for arbitration, the petitioner served notice upon the respondent No.1 by invoking clause 5 of the contract in question and accordingly the competent Arbitration tribunal is in seis..Category: Alternative Dispute Resolution | Date: | Hits: 506
Foyez Ahmed Vs. State, 2012, 41 CLC (HCD)
....section 561A of the Code of Criminal Procedure and the relevant Annexures annexed thereto. 11. It is a truism that the Mobile Court Ain, 2009 is a special law. Furthermore, in view of non-obstante clause in section 3 of the Ain, it is an overriding law. The definition of 'Mobile Court' has been..Category: Criminal Law | Date: | Hits: 81
Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
....nterested witnesses. It is further to be noted that the informant himself investigated the case and thus it cannot also be said that the investigation was not without any bias. We very much rely upon clause (g) of section 114 of the Evidence Act for the petitioner that the prosecution withheld those..Category: Criminal Law | Date: | Hits: 78
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....ve or sole control. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons charged. What is contemplated by this clause is actual and physical possession and control and not merely a possession or control by const..Category: Criminal Law | Date: | Hits: 92