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Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....ief as stated above. In the case of Chunnu Mia Vs. Manindra Lai Roy and others reported in 39 DLR (AD) 42 it has been held that a permanent lease or absolute alienation of debuttar property is beyond ordinary powers of management whether in the case of the head of a math, the shebait of a family ido..Category: Property Law | Date: | Hits: 29
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....pondent No.3 had been in possession of the house but in the meantime the property was enlisted in the 'Kha' list of the abandoned property in Gazette date 22.09.1986 in Bangladesh Gazette Extra-ordinary published under abandoned building (Supplementary Provision) Ordinance, 1985. 5. Bei..Category: Property Law | Date: | Hits: 37
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
....ition are that the petitioner opened Letter of Credit No.11/ WF/151899 dated 09.09.1999 through Pubali Bank Limited, Sadarghat Branch, Dhaka for import of 17,500 metric tons of 'Seven Rings' brand ordinary Grey Portland Cement of Indonesian origin from Hongkong at the rate of US$ 41.00 per metri..Category: Fiscal/Taxation Law | Date: | Hits: 112
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
.... the order holding, inter-alia, that the action of the respondent No.4 was contrary to the principle of Administrative justice and was not at all fair and which could not be approved by any man of ordinary prudence. 5. The present appellant as 3rd party being aggrieved by as the highest b..Category: Civil Law | Date: | Hits: 149
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....a refers only to the trial Court or the tribunal as the case may be or in other words the offences contemplated under the said Rules are divided into two categories of which one is to be tried by the ordinary courts and other category has to be tried by the tribunals and the similar expression that ..Category: Criminal Law | Date: | Hits: 101
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....n, under section 165 (1) of the Code of Criminal Procedure the recording of the reasons for believing the facts is only to enable him to make a search urgently in a ease where search. Warrants in the ordinary courts cannot be obtained. It is, therefore not possible to invoke the condition and apply ..Category: Fiscal/Taxation Law | Date: | Hits: 129
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....ondent No.1 was pleased to promote the petitioner to the rank of Senior Officer with effect from 19.12.1983 and to the rank of Principal Officer with effect from 29.06.1991. 4. For his extra ordinary good service, by letter dated 29.06.1986 the petitioner was rewarded with incentive award..Category: Administrative Law | Date: | Hits: 423
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....uddin Ahmed wherein following the decision in the case of L. Chandra Kumar Vs. Union of India reported in AIR 1997 (SC) 1125 holding, inter alia, that "Subordinate Judiciary or Tribunal created under ordinary legislation though cannot exercise power of judicial review of legislative action to the ..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....red to be amended following the provision of Article 142 of the Constitution and that having not been done, the Act has become repugnant to the constitution and the passing of the Repeal Act as an ordinary law is therefore a colorable exercise of power. 22. To examine and appreciate the s..Category: Constitutional Law | Date: | Hits: 167
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
.... 3(2) of the Army Act, ‘civil offence’ means an offence committed in Bangladesh triable by a criminal Court. Criminal Court has been defined under Section 8 (7) of the Act as a court of ordinary criminal justice in Bangladesh or established elsewhere by the authority of the Government..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....terms: “(1) We mean, in the first place, that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. In this sense the rule of law is con..Category: Criminal Law | Date: | Hits: 228
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....vice. That is, charitable, funds are not to be diverted to other uses, but the genuine expenses of administering charity are properly chargeable to such funds. Who are the needy? Besides the ordinary indigent, there are certain classes of people whose need are great and should be relieved..Category: Fiscal/Taxation Law | Date: | Hits: 145
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....onal imperative and it should be a transparent one and the process must precede the appointment of a Judge under Articles 95 and 98 of the Constitution. 73. The word ‘consult’ as understood in ordinary parlance means to ask or seek advice or the views of a person on any given subject i.e. to ..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....he facts involved in the case, in short are that the plaintiff is the owner of the premises at 35/11 Shantigangar, Dhaka; that the defendant No1. entered into the said premises on 01.02.1987 as an ordinary ejectable monthly tenant under the plaintiff on condition to pay rent of TK.23,248.00 per ..Category: Civil Law | Date: | Hits: 110
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....imited, Dhanmondi Branch, Dhaka to draw the aforesaid amount and shall maintain accounts of records and necessary vouchers in the office of the company. On 14.07.2005 a notice of an Extraordinary General Meeting under the signature of the Managing Director, respondent No.3, was circula..Category: Business or Commercial Law | Date: | Hits: 199
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
....is regard may be made to the case of Nugunt vs Smith (1876), 1 CPD 423 wherein it was held that "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 effects" as well the provi..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
.... judgment over a decision of the High Court Division given in the writ jurisdiction interpreting a provision of law. The Tribunal here is the Administrative Appellate Tribunal, Dhaka and the extra-ordinary judgment which has been impugned in this appeal was passed by it on 11.4.94 in Appeal No. ..Category: Administrative Law | Date: | Hits: 110
Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....mpany is not a public servant and as such the offence committed by him were not tribal by the Special Judge under the Criminal Amendment Act rather if any offence committed the same was under ordinary criminal court. 4. In the circumstances, we hold that the High Court Division ..Category: Criminal Law | Date: | Hits: 38
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....al was in any case wrong in holding that rule 8 of the Rules of 1976 does not refer to a conviction by a Martial Law Court and it only refers to a criminal charge and conviction as provided under the ordinary law. 8. At the hearing of the appeal the learned Deputy Attorney General has pressed the..Category: Administrative Law | Date: | Hits: 144