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Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)

.... 10. Mr. Abdul Momen Chowdhury, the learned Advocate appearing on behalf of the petitioner submits that the contract which was executed by and between the petitioner and respondent No. 3 was not an ordinary contract. This was a contract he submits which was made in the discharge of sovereign funct..

Category: Property Law | Date: | Hits: 22

Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....al with this wealth. Titas Gas Transmission was therefore performing the function of the State while supplying natural gas to Conforce Limited under the contract and the contract was therefore not an ordinary contract. The writ petition by Conforce Limited was therefore held to be maintainable. Rele..

Category: Information Technology Law | Date: | Hits: 217

Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)

....doubt that generally in suits for specific performance only the parties to the contract or those against whom the contract can to any extent be enforced should be impleaded as defendants. That is the ordinary rule but it is subject to exceptions and does not debar the impleading of a person claiming..

Category: Property Law | Date: | Hits: 31

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....es to the present day. The centrifugal notion is that there exists objective moral principles, which depend on the essential nature of universe and which can be discovered by natural reason and, that ordinary human law is truly law in so far as it conforms to these principles. These principles of ju..

Category: Constitutional Law | Date: | Hits: 482

Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)

....ignificant place. The name “Baghabari” is no doubt a geographical name but the use of the name along with the picture of cow and colour scheme made the three trade marks so similar that under the ordinary circumstances they are bound to create confusion in the mind of the public. Therefore, regi..

Category: Intellectual Property Law | Date: | Hits: 200

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: 94

Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)

....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196...

Category: Property Law | Date: | Hits: 33

Belal Ahmed Vs. State, 1987, 16 CLC (HCD)

.... present case also disclose that Obud, Belal and victim girl Parvin read in Class X, all of them are of same age. 12. To accompany Obud, to the house of victim Parvin, may not be an offence in the ordinary course of thinking. In the absence of pre-concerted action or common intention to cause inj..

Category: Criminal Law | Date: | Hits: 38

Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....s such, the detenu was prevented from making any effective representation to be considered for his release by the authority. 12. On a plain reading of the above grounds it appears even to a man of ordinary prudence that the same are absolutely vague, indefinite and unspecified and from such groun..

Category: Criminal Law | Date: | Hits: 45

Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....t of law and thus has been ignoring and flouting the verdict of the court causing not only great sufferings to litigant public, but also lowering the majesty and dignity of the courts in the minds of ordinary citizens of the country. 6. We have considered the matter with deep concern. In this cas..

Category: Property Law | Date: | Hits: 38

Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)

....the Company”). 2. The Company was incorporated on 18-3-1996 as a public limited company with an authorised capital of Taka 20,00,00,000.00 (taka twenty crore) divided into 20,00,000 (twenty lac) ordinary shares of Taka 100.00 (taka one hundred) each, The Company has 17 (seventeen) sponsor share..

Category: Company Law | Date: | Hits: 203

Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)

....ed justice to all who feel aggrieved by any action of anyone including the executive government and seeks relief from it. Duty of the journalists as conscious and conversant citizens is more than the ordinary citizens to uphold the prestige and dignity of the Supreme Court. They should be cautious a..

Category: Criminal Law | Date: | Hits: 120

AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)

....t has been observed "an Advocate does not discharge his duty with due regard of the responsi­bility of his high office if he uses derogatory instructions which can be verified by him to be false, by ordinary exercise of care. It is necessary for maintaining an atmosphere of mutual trust bet­ween t..

Category: Criminal Law | Date: | Hits: 97

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....onaries are not to be taken as authoritative exponents of the meanings of words used in Acts of Parliament, but it is a well-known rule of courts of law that words should be taken to be used in their ordinary sense." In that view of the matter, Mr. Haque submits, inclusion of "interest" in section 2..

Category: Others | Date: | Hits: 104

Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)

....hotographs of different products as shown in Annexure‑14 of the Opposite Party No. 1, are also no doubt made of cast iron but all those, except the tubewell are all sanitary goods. As such, when an ordinary customer would come across those products with the brand name 'Lucky' on those, in all prob..

Category: Intellectual Property Law | Date: | Hits: 175

Hamida Real Estate Construction Ltd. and another Vs. Malika Hasina Jahan (Lili) and others, 2007, 36 CLC (HCD)

....e 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." 34. We observed that since the suit is valued at much above Taka S l..

Category: Property Law | Date: | Hits: 34

Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)

....irst part of the offence, throw­ing cocktails, is within the jurisdiction of Special Tribunal and the second part of the offence, setting fire to the house with petrol, is within the jurisdiction of ordinary Criminal Court and not within the jurisdiction of Special Tribunal. 34. Apart from this ..

Category: Criminal Law | Date: | Hits: 30

Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....urt repeatedly stated and reiterated that the State-owned properties are required to be disposed of publicly. But that is not the only rule. As O. Chinnappa Reddy, J observed "that though that is the ordinary rule, it is not an invariable rule. There may be situations necessitating departure from th..

Category: Constitutional Law | Date: | Hits: 200

State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)

....s for the first time to the CID police and Magistrate on 3­3-2003, after 1 year 8 months. Therefore, it is also difficult to believe such a belated disclosure of facts by this eye-witness. No man of ordinary prudence can rely on such testimony. It is not conceivable that the offenders being known t..

Category: Criminal Law | Date: | Hits: 109

Monwar Mallik Vs. State, 2007, 36 CLC (HCD)

....n this point. 38. The learned Advocate for the appellant referring the decision in the case of Misti and others vs. State reported in 6 MLR 394 = 6 BLC 138 sub­mits that if the victim comes of an ordinary and lower strata or she is proved to be woman of ill repute or easy virtue corroboration mu..

Category: Criminal Law | Date: | Hits: 38