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Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....d "Court" as provided under Article 152 of the Constitution is only available and accepted in matters of interpretation or construction of any constitutional provision and not for construction of any ordinary legislation. In this connection, Mr. Abdul Malek refers to the case of Shahriar Rashid Khan..Category: Criminal Law | Date: | Hits: 52
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ght in the writ jurisdiction was not maintainable for non-exhaustion of the remedy provided in the contract. In the case referred to above, the Water Development Board executed the contract under its ordinary power and not in exercise of any statutory power and in such cases the normal remedy was pr..Category: Information Technology Law | Date: | Hits: 321
Category: Fiscal/Taxation Law | Date: | Hits: 81
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....isions of the Appellate Division in the cases of Abdul Jalil Vs. Abu Bakar Siddique, 35 DLR (AD) 42 and that of Babul Kanti Das and others Vs. Abdul Hashem, 47 DLR (AD) 6. Both the cases arise out of ordinary civil disputes over land. In the earlier case, a wall was raised blocking a passage violati..Category: Civil Law | Date: | Hits: 151
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....in Dwarkadas Bhatia's case as quoted above, the word, "vague" was used together with the word ''irrelevant", the word "vague" appears to have been used in the sense of "non-existent" and not in its ordinary connotation. 43. The first case in which the Supreme Court of India had to consider th..Category: Constitutional Law | Date: | Hits: 291
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....ate, I BLC 173 wherein it was held as follows: “...........it would be desirable if the Court before examining the child as a witness, tests his intellectual capacity by putting a few simple and ordinary questions to him and to record a brief proceeding so that the higher Court may feel satisfi..Category: Criminal Law | Date: | Hits: 84
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....Before presumption as to mens rea is to be displaced, strict liability must be required to give practical effect to the legislative intention. Statutes which take away the rights of parties under the ordinary law, particularly the provisions which impose penalty, have to be construed strictly. The C..Category: Criminal Law | Date: | Hits: 43
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
....on its own merit. He then submits that on perusal of Affidavit‑in‑opposition and Police Report Annexure‑X it appears that there are materials including Police Report made by a Police Officer in ordinary public duty giving narration of specific cases against the petitioner endangering public pe..Category: Criminal Law | Date: | Hits: 63
Category: Property Law | Date: | Hits: 54
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
....ut jurisdiction and hence void. So, the trial in question was no trial in the eye of law. 8. Now the question that calls for determination is whether in the facts and circumstances of the case the ordinary Criminal Court has jurisdiction to proceed with the trial of GR Case No. 1 of 1983 afresh. ..Category: Criminal Law | Date: | Hits: 56
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
..... Mr. Rafique-ul-Huq, on the other hand, contends that agreement entered relates to statutory duty of the Port Authority in discharging of its own, functions and, as such, the agreement is not a mere ordinary contract between a citizen and the Port Authority. He referred us to the decision in the ca..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)
....brother and sister, and that the brother was a rich man having resources including 30/35 bighas of land, while the sister was a destitute having no other belonging except the suit land; that a man of ordinary prudence could easily presume that a mother cannot gift her entire land making her child de..Category: Property Law | Date: | Hits: 54
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....course of administration of justice by scandalizing the learned Judge in Chamber. It is stated that the said news is highly contumacious and objectionable, that after going through the news, a man of ordinary prudence will get an impression that this Court are not passing order(s) of stay independen..Category: Criminal Law | Date: | Hits: 163
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....service, thus effected, is therefore, a good and valid service and that to invalidate such a service the defendant must expressly prove to the satisfaction of the Court, that what would happen in the ordinary course did not happen and that he did not get an opportunity to accept it, and for that pur..Category: Trust/Waqf Law | Date: | Hits: 189
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....discipline and efficiency in the service, might not amount to a penalty but it was certainly an order adverse to the interest of the employee concerned and, as such, the affected employee was, in the ordinary course, entitled to a prior notice to explain the allegations brought against him before su..Category: Procedural Law | Date: | Hits: 83
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....isdiction to make, at an interlocutory stage, an order which may not be appropriate at the final trial and also by keeping in mind, as was observed by Lord Diplock, with whom other Lords of Appeal in ordinary concurred in the case of American Cynamid Vs. Ethicon Ltd., that at the interlocutory stage..Category: Civil Law | Date: | Hits: 164
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....rporation and Memorandum and Articles of Association of the Company are marked as Annexure-A, A-1). 2. The Company was incorporated with an authorised capital of Taka 3 crore divided into 3,00,000 ordinary share of Taka 100 each. The petitioner, respondents Nos. 2, 3 and one Mr. Mainuddin Ahmed w..Category: Company Law | Date: | Hits: 247
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....nality in the composition of the Union Parishad, being the directly elected public representative for the whole of the Union. The Latin term "ex-officio" has been translated into English giving its ordinary literal meaning "because of one's office or position" as it is found from Oxford Advance ..Category: Election Law | Date: | Hits: 92
Category: Constitutional Law | Date: | Hits: 252
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
.... calls for consideration by this Court. Construction or interpretation of any statutory provision, no doubt, is to ascertain the truth of the real intention of the Law Makers and this intention as in ordinary meaning be gathered from the language so employed by the legislator. It needs be examined i..Category: Election Law | Date: | Hits: 104