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Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
.... matters and not substantative rights. The procedural laws are grounded on principles of natural justice. It is true that when there is neither provision nor prohibition, it is to be guided by ordinary principles of common sense, justice, equity and good conscience but then equity ..Category: Property Law | Date: | Hits: 23
Ali and Brothers & Marquis Pump Marketing and another Vs. Pedrollo NK Ltd. & ors, 2006, 35 CLC (AD)
....ter pump inscribed with the writing 'PEDROLLA' manufactured in China by imitating the cartoon, colour and model of the pump of the plaintiff, that due to the aforesaid acts of the defendants, ordinary customers being confused were purchasing the water pump of the defendants with an imp..Category: Intellectual Property Law | Date: | Hits: 201
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
.... agreed that the agreement shall be governed by a foreign law, the application of the Artha Rin Adalat Act, 1990 is excluded, and any suit arising out of the agreement should be tried in the ordinary courts of the forum chosen for litigation. On 04.06.2002, the respondent No. 2 file..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....erty at 32/4, Sher Shah Suri Road within Block-'D' of the Mohammadpur Housing Estate, Dhaka in the 'Ka' list of the abandoned properties published on 23.09.1986 in the Bangladesh Gazette Extra-ordinary. Their case was that they are nationals of Bangladesh by birth and their parents migrated..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
.... such a power. Learned Counsel has contended that the exercise of such a power may be made on an extremely rare occasion and the facts of the instant case do not justify the adoption of such an extra-ordinary measure. It has been submitted that the appellants have raised the disputed construction on..Category: Property Law | Date: | Hits: 31
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....Eleventh Amendment now being pointed out to the Court has not been considered in the judgment. 16. We are further required to consider the submissions that the action of the appellant in an extraordinary situation at the relevant time might have necessitated passing of the order of detention on..Category: Procedural Law | Date: | Hits: 107
Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)
....l Procedure against an order of acquittal passed by the appellate Court is neither maintainable in the present form nor the impugned judgment of acquittal calls for interference under the extraordinary jurisdiction on the ground canvassed before us". The High Court Division further obs..Category: Criminal Law | Date: | Hits: 36
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
.... of Conciliation Court; section 6, prescribing the conditions for the exercise of jurisdiction by Conciliation Court, and section 10, lying down that a party to the dispute may seek his remedy in the ordinary court on failure of the conciliation and a certificate being issued on such failure. It wil..Category: Tenancy Law | Date: | Hits: 163
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e of making any alterations in or amendments to any of the provisions in the Constitution of Bangladesh, 1972 has been consistently to issue a proclamation, any Regulation which is in the nature of ordinary legislation, such as an Act or Ordinance, cannot be used to affect such alterations or ame..Category: Constitutional Law | Date: | Hits: 307
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....to apply to the High Court Division to which appeal lies from convictions under these orders." This Court in that case further held "that the provisions of the said two Articles are very extra-ordinary and they are likely to entail unnecessary hardships and injustice in some cases but such co..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....o;that call for hartal per se is not illegal but where any call for hartal is accompanied by threat it would amount to intimidation and the caller for hartal or strike would be liable under the ordinary law of the land. It is therefore my view and we agree with the ratio in the flag burning ..Category: Criminal Law | Date: | Hits: 79
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....r, unexpired portion of the sentence of rigorous imprisonment was remitted on 26-4-1984. Thereafter, he was reinstated in service by the authority and the period of his absence was treated as extraordinary leave without pay. The appellant accordingly, submitted joining report on that very day. B..Category: Administrative Law | Date: | Hits: 132
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ore us, I am of the view that in case of breach of any obligation under a contract between government and a private party, proper remedy lies in a civil suit and not in a writ petition under the extraordinary jurisdiction given by the Constitution. But this principle will not apply when the governme..Category: Others | Date: | Hits: 100
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....No. 169 (Holding No. 38), Tinshed Colony, Mohammadpur, Dhaka. The said case was filed challenging the listing of the property in the 'Kha' list and publishing thereof in the Bangladesh Gazette (Extra-ordinary) dated September 23, 1986. The list in respect of the property in question and the publicat..Category: Property Law | Date: | Hits: 37
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....appellants with the murder. He contends that the evidence of PW3 Nurul Alam is so improbable, absurd and incongruous with human nature and circumstances of this case that it does not stand even the ordinary test of common sense, not to speak of legal test as to assessment of evidence. Learned co..Category: Criminal Law | Date: | Hits: 74
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
....g discipline and efficiency in the service, might not amount to a penalty but 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 allegation against him before such an or..Category: Employment/Service Law | Date: | Hits: 79
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
....gia" reported in AIR 1918 P.C. 338 it has been held "As a general rule the Court will assume, unless the contrary is proved, that letters which are proved to have been mailed do arrive in ordinary course of post, and it is on those who dispute that inference to show the contrary&q..Category: Trust/Waqf Law | Date: | Hits: 266
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....anks or financial institutions of the Artha Rin Adalat Ain 1990 the Artha Rin Adalat has no jurisdiction to entertain and try the present suit and the suit ought to have been instituted in an ordinary civil court. Thereafter on 26.9.2004 the defendants filed an application under Order 7 Rul..Category: Banking Law | Date: | Hits: 101
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....llotted shares and the Company increase the paid up capital by issuance of further shares. Accordingly the Company on 01.07.1995 in the meeting of the Board of Directors allotted and issued 1, 24,000 ordinary shares of Tk.100/- each to the subscriber shareholders as under:- 1. ..Category: Business or Commercial Law | Date: | Hits: 109
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....t case, in deciding the applicable standard for satisfaction as to the existence of the necessary state of affairs, the Council stated in its Inquiry Report that "in an inquiry though the ordinary procedure of admitting or accepting particular facts or statement into evidence is no..Category: Others | Date: | Hits: 97