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Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....summons on the outer door or some other conspicuous part of the home in which the defendant ordinarily resides and in the present case copy of the summons not having been affixed on any part of the ordinary residence of the defendant No. 8 which is her husband's address and allegedly having affix..Category: Property Law | Date: | Hits: 26
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....s unlawful. 9. In the facts and circumstanc.es of the case at best there may a case of violation of contract for which proper remedy may be sought in the civil court and not under the extra ordinary writ jurisdiction. 10. Thus the learned Judges of the High Court Division appear to..Category: Employment/Service Law | Date: | Hits: 66
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....owdhury submitted that there is not a single case so far which shows the Court's power to review its judgment suo motu. He also threw a challenge denying a single precedent in support of such extra-ordinary power. He denied the very power of the Court to review its judgment suo motu because there ..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Act, and therefore to investigate into the offences, be not held exclusive there can then be two investigations carried on by two different agencies, one by Special police and the other by ordinary police. It is easy to imagine the difficulties which such duplication of procee..Category: Criminal Law | Date: | Hits: 59
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... termination shall not amount to dismissal or penalty within the meanings of this Statute or article 56 of the Order. This shall apply only in the cases of teachers/ officers on extra-ordinary leave. Note: The representative of the Senate on a Tribunal under this Statute,..Category: Employment/Service Law | Date: | Hits: 69
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
....uch the offences allegedly committed by them are not triable by the Special Judge under the Criminal Law Amendment Act, 1958 and if any offence has at all been committed the same is triable by the ordinary Criminal Court. The High Court Division, therefore, committed error of law in holding that..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....nt at the behest of a private party to grab Government property. 11. It is true that the Government does not enjoy any special privilege as a litigant and should stand in the same footing with the ordinary litigant. The learned Additional Attorney General submits that the Government files move sl..Category: Limitation Law | Date: | Hits: 241
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
.... 2. The case of the appellant in short is that one Haladhar Chandra Dey, the proprietor of M/S. H. Dey Jewellers, a Jewellery shop situated in Khulna died in Calcutta on 4th June, 1970. His ordinary residence at the time of death was in the town of Khulna. He left behind 5 (five) sons of ..Category: Property Law | Date: | Hits: 39
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....s such the offence allegedly committed by them are not tribal by the Special Judge under the Criminal Law Amendment Act, 1958 and if any offence has at all been committed the same is tribal by the ordinary Criminal court. The High Court Division, therefore, committed error of law in holding that..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
.... 15-12-93 subject to two conditions, namely that he will not get arrear salary and other benefits from the date of removal to the date of rejoining and that the said period will be treated as extra ordinary leave without pay. The respondent joined on 23-12-93 and then filed a review petition to th..Category: Administrative Law | Date: | Hits: 138
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
....ber or joint, permanent privation of the hearing of either ear. Emasculation and any hurt which endanger life or which causes the sufferer to be during the space of twenty days or unable to follow ordinary pursuits, Unless any of these injuries are found and unless the injured suffer bodily pain..Category: Criminal Law | Date: | Hits: 78
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
.... 3. The appellant moved the High Court Division seeking quashment of the aforesaid G. R. Case contending that the transaction in connection with which Criminal Case has been filed was an ordinary business transaction and as such there was no criminal liability for the delay in the..Category: Criminal Law | Date: | Hits: 32
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....rt Division considering this aspect of law allowed SABINCO to furnish a bank guarantee for an amount equivalent to 50% of the decretal amount since there is a special circumstances and nor an ordinary relationship with the plaintiff as borrower and credit; that SABINCO is not a borrower rat..Category: Banking Law | Date: | Hits: 96
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....substantial justice or to remove this injustice. 44. The inherent power of the High Court Division conferred under section 561A of the code of Criminal Procedure is in the nature of extra-ordinary powers to be used sparingly for achieving the object mentioned in the section in cases wher..Category: Criminal Law | Date: | Hits: 62
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
....y Sub-Rule 3A of Rule 5 and Sub-Rule 2 of Rule 8 of the Bangladesh Civil Service (Examination and Promotion) Rules, 1986 and they challenged the vires of the Rules as a camouflage to invoke the extra ordinary jurisdiction of the High Court Division conferred upon it under Article 102 of the Constitu..Category: Employment/Service Law | Date: | Hits: 133
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....otice dated 8-9-1998, the petitioner being a sexagenarian made all out efforts to get the case property released, but without any result. Be that as it may, the petitioner being a purdanashin ordinary woman was not aware of the inclusion of the case property in the he 'Ka' list of abandoned..Category: Property Law | Date: | Hits: 23
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
....inistry of Home Affairs but instead of complying with the direction of the Ministry of Home Affairs the petitioner and other Police personnel subordinate to him resorted to civil litigations, both ordinary and extraordinary. The conduct demonstrated by the petitioner and others subordinate to hi..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....part V of the State Acquisition and Tenancy Act, 1950 came into operation in the Dhaka District on 1.8.1963 vide notification No.SA-116/63/609 dated 18th July, 1963 published in the Dhaka Gazette (ordinary) dated 1st August, 1963 (part 1, page 1169). In the case reported in 31 DLR (AD) 195 it ha..Category: Property Law | Date: | Hits: 30
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....luding that of the High Court Division having exclusive domain as provided under Article 110 of the Constitution and section 526 of the Code of Criminal Procedure to transfer a case pending before an ordinary Court of law, thereby destroying the balance of the Constitution violating the independence..Category: Criminal Law | Date: | Hits: 59
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
..... 15. Mr. Hossain, lastly contends that our nation is now going through a period of crisis and in this situation the highest Court of the country is not expected to do anything out of the ordinary at this time. Because to do so would set a bad example and precedent. In elaboration of hi..Category: Fiscal/Taxation Law | Date: | Hits: 97