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National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....Clause 17 of the lease deed under which the Government is authorised to lease out the mineral resources found beneath the surface and other than that it has no power to allow any person to collect ordinary sand from the so-called Balumohal of the tea estate, moreso when there is no such Balumoha..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....n Adalat Ain, 1990 is a special legislation and the Artha Rin Adalat created thereunder to recover outstanding loans given by the banks and financial institutions is a special court and not an ordinary civil Court as it arbitrates on loan liability by applying the provisions of the spe..Category: Banking Law | Date: | Hits: 157
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....e accepted mechanically without a critical examination.......The rule that the evidence of interested witnesses requires corroboration is not an inflexible one. It is a rule of caution rather than an ordinary rule of appreciation of evidence". The Court is quite competent to place reliance on the ev..Category: Criminal Law | Date: | Hits: 44
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....h Chandra Banik reported 19 DLR 735 which arose out of an application under section 76(3) and 79(3) of the Companies Act wherein it has been held that the High Court Division does not exercise any ordinary original civil jurisdiction and cases under the Companies Act are decided by way of speci..Category: Business or Commercial Law | Date: | Hits: 147
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....hat he was under an impending threat of deprivation of his fundamental rights under Article 36 of the Constitution and his right of franchise. Because of that as well as of the exceptional and extraordinary constitutional issues raised in that case involving consideration of an international agr..Category: Constitutional Law | Date: | Hits: 170
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question." Such a statement is called "dying declaration" in ordinary terms, though this term has not been used in this section. A dying declaration may be recor..Category: Criminal Law | Date: | Hits: 50
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....it is regarded as human though they never condoned gross negligence. At the same time the Courts had always been strict in demanding proof of sufficient cause for everyday which had expired after the ordinary period of limitation". As seen from the materials on record that the Respondent No.1 i.e. a..Category: Limitation Law | Date: | Hits: 205
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....isonment for 3(three) months. 2. The facts, in brief, leading to the leave petition are that the petitioner was serving in Dhaka General Post Office as a leadgerclerkand in the said post office an ordinary savings accounts in the name of one Oliur Rahman was opened with a deposit of Tk. 100/- onl..Category: Criminal Law | Date: | Hits: 50
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....y the trial Court in Title Suit No. 167 of 1996 returning the plaint for presentation before the proper Court. 10. From the above facts and circumstances, we do not find any special or extra-ordinary reason or ground for which the High Court Division could withdraw the suit from the trial ..Category: Employment/Service Law | Date: | Hits: 76
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....o there and the AAT having observed and noticed that the cancellation of appointment was made "in the public interest" failed to take into account these official records maintained in the ordinary course of business and further failed to appreciate that the cancellation of the appointm..Category: Administrative Law | Date: | Hits: 123
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....the demand was made as alleged by him on 12.05.1996. He also did not produce his passport and visa document to show that in fact in April, 1969 he went to India for this purpose. Moreover a man of ordinary prudence would not wait for long 20 years from 1949 to 1969 to institute the suit speciall..Category: Property Law | Date: | Hits: 32
Category: Civil Law | Date: | Hits: 111
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....en in the specific meaning of section 54 of the Transfer of Property Act. As has been held in aforesaid ruling the words 'sale' and 'sell' in the Income Tax Act are to be taken in their aforesaid ordinary meaning. The transaction in the instant case has been sale in the ordinary meaning of this ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....ken possession of by the Govt. in any manner under the President's Order No. 16 of 1972. The appellant was surprised to see the public notice dated 28.4.86 published in The Bangladesh Gazelle Extra-ordinary on 28.4.86 under the provisions of section 5(1)(a) of the Abandoned Buildings (Supplementar..Category: Property Law | Date: | Hits: 54
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
.... decisions are not "one shot" determinations but have on going implications. Remedy is both imposed, negotiated or quasi-negotiated. Therefore, what corresponds to the stage of final disposal in an ordinary litigation is only a stage in the proceedings. There is no formal, declared termination o..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....slature confers a special or additional jurisdiction on a recognized Court it may lay down the manner in which it is to be exercised, but if it is silent then all rules of procedure that apply to its ordinary jurisdiction will be attracted in regard to the special jurisdiction. It is a settled princ..Category: Election Law | Date: | Hits: 125
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....t it will be unreasonable to put any imaginary qualification to the word 'absent' when the legislature, in its wisdom, has chosen not to qualify the said term. The word 'absent' should be given its ordinary and unrestricted meaning without any qualification, he submits. He has further submitted th..Category: Procedural Law | Date: | Hits: 132
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....he appellants out of enmity and grudge, their occular evidence is so inherently weak and basically absurd, being opposed to reason, logic, human conduct and natural course of events, that no man of ordinary prudence should give it any credence. Learned Counsel has contended that the High Court Div..Category: Criminal Law | Date: | Hits: 52
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....erty at the disposal of the Court. The Court has also the power to pass a conditional attachment of the whole or any portion of the property. 6. The power is no doubt very extensive but this extraordinary power must be sparingly exercised and with utmost caution, otherwise it may become an ins..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Bangladesh Vs. Moslem Mia, 1978, 7 CLC (AD)
....ying unusual facilities for preparation and conduct of their cases as against those available to private litigants, the Government do not need any greater latitude in respect of limitation than the ordinary litigant. We do not find any substance in this appeal. In the result, the appeal is dis..Category: Procedural Law | Date: | Hits: 101