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Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
.... any chance to contest the 45 reserved seats; the law should be struck down as being vague, complicated, illogical, inconclusive and incomprehensive and impossible to be understood and followed by an ordinary citizen especially the quota system in sections 16, 28 and Third Schedule. 7. The respon..Category: Constitutional Law | Date: | Hits: 221
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....arising from the districts assigned to such permanent Benches. In all these legislations there are express provision of transfer of pending cases. 17. In India the High Courts are established by ordinary legislation by the Union Parliament because of Articles 3 and 4 of the Constitution. 18...Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....n accepted the death reference and confirmed the conviction and sentence of accused Mizazul Islam @ Dablu. 7. Leave was granted since "it will be necessary to examine the evidence with more than ordinary care lest the shocking nature of the crime induce an instinctive reaction against a dispa..Category: Criminal Law | Date: | Hits: 159
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
.... be found in the decision of Parbhawati Devi vs. Mahendra Narain Singh AIR 1981Patna 133 and Harisadhan De vs. Radhika Prosad AIR 1938 Cal. 202. The easement being a right which is super-added to the ordinary common law incidents of the ownership of a dominant tenement and which connotes a correspon..Category: Property Law | Date: | Hits: 36
Category: Election Law | Date: | Hits: 212
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
.... intent behind this special enactment appears to enable a Banking Company in liquidation to file a suit or making an application to protect its interests by overcoming any bar of limitation under the ordinary law and for that purpose this law excluded the period from the presentation of an applicati..Category: Banking Law | Date: | Hits: 103
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....num. According to him, judicial discretion has been properly exercised. Referring to the rate of interest on agricu1tural loans the concessional rate of interest in 1980—81 was 12% and the rate for ordinary loans was 15.5%. Reference was made to Bangladesh Bank Annual Report 1980—81 at p. 36. Th..Category: Civil Law | Date: | Hits: 110
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....Procedure. The statutory power of the police to investigate a cognizable offence cannot be interfered with under section 561A Cr.P.C. and that section is not to be used to interrogate or obstruct the ordinary course of procedure as laid down in the Code……………………(28) Cases Re..Category: Criminal Law | Date: | Hits: 146
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....pto Char Prasandi, deceased Khairul Alam might have been killed by unknown persons. I may point out, that in assessing the evidence imaginary possibilities have no place. What is to be considered are ordinary human probabilities. Judging from that view, an inference can be safely and firmly drawn ag..Category: Criminal Law | Date: | Hits: 38
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....on of the exchange cases taking place prior to the war of 1965, it is found that these cases formed a class by themselves and the property involved in such cases could not be equated with any other ordinary vested property. The instructions of the Government in respect of such property were alwa..Category: Property Law | Date: | Hits: 36
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....'s decision given in Title Suit No. 391 of 1983 of the Sixth Court of Munsif, Dhaka, which was filed by the respondent before us. 2. The respondent, Mohammad Sanaullah, was first appointed as an ordinary employee in the Nishat Jute Mills Ltd. in 1962 and he was promoted to the post of Assistant..Category: Employment/Service Law | Date: | Hits: 143
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....appeal is decided." 5. As appears clearly, provisions in S.195, like the provisions is sections 196, 197 and 198 of the Crl.P.C. all appearing in Chapter XV, are exceptions to the general and ordinary powers of a Criminal Court to take cognizance pf an offence under section 190 of the said..Category: Criminal Law | Date: | Hits: 63
Ibrahim Mollah & Others Vs. The State, 1988, 17 CLC (AD)
....the party of the sitting Chairman accused Akbar. This has not been denied by the defence either. Throwing of bomb into the hop of Efaz which resulted in his death had created panic in the mind of the ordinary public of the locality. The trial Court considered that it was a special circumstance of ..Category: Criminal Law | Date: | Hits: 61
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
....ay as to give effect to this legislative intent. But it should be remembered that the intention of the Legislature is to be derived from the words used in the statute, but where the language in its ordinary meaning leads to any manifest contradiction of, the apparent purpose of the enactment, or t..Category: Employment/Service Law | Date: | Hits: 112
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....another person has caused an injury which has accelerated the death of that person. As to clause (c) of section 300, it could have been attracted if the injury was sufficient to cause death "in the ordinary course of nature"; we do not think that this injury is sufficient to cause death in the ord..Category: Criminal Law | Date: | Hits: 67
Category: Criminal Law | Date: | Hits: 88
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
.... for consideration in that case. Their Lordships of the Judicial Committee opined that a right of pasturage could not be claimed as an easement, for no assessment could be so large as to preclude the ordinary use of properly by the owners of the land affected, but where such right was enjoyed from t..Category: Civil Law | Date: | Hits: 113
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....rty in question of the respondent is not an abandoned property…….(26 & 37) If his habitual residence is in U.K. then his permanent residence is bound to be Dhaka, Bangladesh. Again, if his ordinary residence is taken as U.K. then again it is in Bangladesh which is to be taken as permanent..Category: Immigration and Citizenship Law | Date: | Hits: 214
Md. Abdul Majid Sarkar Vs. The State, 1988, 17 CLC (AD)
.... cause the death of the victim. It is also clear that the act was done with the intention of causing bodily injury to the deceased and the bodily injury intended to be inflicted was sufficient in the ordinary course of nature to cause death. The act of the accused-appellant thus clearly falls within..Category: Criminal Law | Date: | Hits: 52
Md. Shamsuddin alias Lambu and ors Vs. The State and others, 1988, 17 CLC (AD)
....l Procedure, 1898 (V OF 1898), Section 561A A proceeding is liable to be quashed when the allegation upon which it is based is, on the face of it, groundless or so preposterous that no man of ordinary prudence will take any notice of it. Mere delay in lodging a complaint is not a ground for ..Category: Criminal Law | Date: | Hits: 46