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Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....purport to extinguish or nullify any right which has been created under the provision of the very statute, of which this newly enacted section 87 is a part. It is significant that in the introductory clause of sub‑section (1) of section 87, namely, 1, notwithstanding anything contained in any othe..Category: Property Law | Date: | Hits: 118
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....participate in such meeting on the basis of sovereign equality. This agreement was made on 9th April, 1974 and long before Bangladesh emerged as sovereign state i.e. in the year 1971. Therefore, this clause of the agreement manifestly undermine the sovereignty of Bangladesh. 17. The learned Couns..Category: Constitutional Law | Date: | Hits: 314
Category: Procedural Law | Date: | Hits: 146
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....session of the same. He further agreed that all the temporary structures constructed in the suit premises will be removed immediately on the expiry of the said agreements. According to one of the clauses of the said agreements the tenant deposited Taka 1,60,000, equivalent to four month's re..Category: Tenancy Law | Date: | Hits: 190
Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....d submission of the learned Advocate for the petitioner is concerned, it appears from the petition of complaint that the legal notice was received by the accused-petitioner on 24-6-2006. According to clause (C) of the proviso to section 138(1) of the Act, the payee (complainant) has to give 30 day..Category: Procedural Law | Date: | Hits: 114
Category: Others | Date: | Hits: 207
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
....ার আদেশ করা হইল।” 18. So, the order of detention was passed with a view to preventing the detenu from committing any ‘prejudicial act.’’ As specific in sub‑clause (v) of Clause (f) of section 2 of the Special Powers 1974 which is as follows: "Prejudi..Category: Constitutional Law | Date: | Hits: 299
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....gali, and an authentic text of an authorised translation in English, both of which shall be certified as such by the Speaker of the Constituent Assembly. (3) A text certified in accordance with clause (2) shall be conclusive evidence of the provisions of this Constitution: Provided that ..Category: Criminal Law | Date: | Hits: 131
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
.... in the proceeding because the Labour Court was determined to proceed ex-parte. We consider, therefore, that the ex-parte proceeding was totally uncalled for and without jurisdiction both in terms of clause (d) of sub-section (2) of section 16 of the said Ordinance and in terms of Order VIII of the ..Category: Procedural Law | Date: | Hits: 180
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
....when Regulations of 1969 was in force and, as such, petitioner's contention for disposing of their objection as per provision of the Regulations of 1990 is not legally sustainable and also in view of clause (4) of Regulation 15 of the Regulations of 1990. 4. The petitioners have filed affidavits..Category: Employment/Service Law | Date: | Hits: 191
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....om enquiry into the advice that was mentioned by the Court in the President under Article 74(2)". The learned Attorney General also read out to me a passage from Para 83 of the report to contend that clause (2) of the Article 58 of our Constitution does not disable the Court from enquiring into the ..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....of such Court, or of some other Court to which such Court is subordinate. ……………………………………………………………………………………………. (2) In clauses (b) and (c) of sub‑section (1), the term 'Court' includes a Civil, Revenue or Criminal Cou..Category: Criminal Law | Date: | Hits: 142
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....der words, the Additional and Assistant Sessions Judges do not have any independent jurisdiction of their own. 37. Sub-section (3) of section 9, it should be next remembered, is not a definition clause of Additional Sessions Judge and Assistant Sessions Judge. This sub-section does not define..Category: Criminal Law | Date: | Hits: 158
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
....d to 10 years' rigorous imprisonment without any trial by a competent court. So we think it proper to exercise the inherent power under section 561 A, the exercise of which is not restricted by any clause like section 439. In section 439 of the Code there is a bar as sub-section (4) of the section..Category: Criminal Law | Date: | Hits: 120
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....holders or the challengers. The examination of title deeds for purposes of determining title of the holder of record of rights is not permitted under section 143. The word "transfer" referred to in clause (a) of section 143 is limited to transfer by the recorded tenant, not by other persons. The r..Category: Property Law | Date: | Hits: 129
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
....der made, against him may apply for a review of Judgment to the Court which passed the decree or made the order." (the underlinings are mine.) 6. Mr. Dutta put a great sum on the words employed in clause (1) "or for any other sufficient reason." He contends that omission to consider a provision o..Category: Civil Law | Date: | Hits: 157
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....nefit under the policy by not bringing the suit within 6(six) months of repudiation of his claim as per Clause 8(b) of the policy, etc. He has also taken us to many other grounds and referred various clauses of the respective insurance policy (DOS) and citations. 10. On the other hand, Mr. Mahmud..Category: Business or Commercial Law | Date: | Hits: 522
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....and amounts to a question of law to be tried in the suit and in elaborating his submission Mr. Bhuiyan drew our attention to section 58 of the Transfer of Property Act which defines mortgage, while clause (f) of section 58 defines mortgage by depositing title deeds and then submits, such a provisi..Category: Civil Law | Date: | Hits: 235