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Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....Act). These Rules came into force in 1981, whereas the respondent was dismissed in 1977, when there were no such Rules; at that time all officers and employees of the Corporation were governed by the ordinary law of master and servant. Therefore, the finding of the High Court Division that the respo..Category: Labour and Industrial Law | Date: | Hits: 122
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....ns the title to office of any person who is, or purportedly, holding a public office whenever it is found that the said functionary is disqualified from holding the office and the Court in its extraordinary jurisdiction will entertain the petition and examine the question on merit. Mere delay in r..Category: Election Law | Date: | Hits: 132
The State Vs. Tayeb Ali and others, 1988, 17 CLC (AD)
....agreement with the trial Court's finding that the accused persons committed the criminal act with the intention of causing death or causing bodily injury which is sufficient to cause the death in the ordinary course of nature. 5. That the respondents were responsible for the injuries found in the..Category: Criminal Law | Date: | Hits: 62
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....ing state of mind; end in that connection an emphasis was laid on the solemn act of registration. 27. Ihtesham Ali Vs. Jamna Prasad and others 48 I. A. 365-AIR 1922 (P. C.) 56, it is held that in ordinary cases, if the witness in whose custody the deed should be, deposed to its loss, unless ther..Category: Procedural Law | Date: | Hits: 115
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....t be considered to be otherwise qualified or limited. Without any limitation or qualification of the expression vest' is the Act itself, it cannot be pronounced to be partial, and not absolute. The ordinary dictionary meaning of the term ‘vest’ is furnish (person with authority, pow&s..Category: Property Law | Date: | Hits: 70
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
....) of the Ordinance are the "existing employees," and those referred to in Article 14 are the "new entrants." It is very difficult to accept this interpretation simply because it militates against the ordinary and primary rule as to construction which is that express words of the statute will give it..Category: Employment/Service Law | Date: | Hits: 97
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....l Bank of India vs. The National Bank of Indore, AIR 1923 Bom. 119 and the questions there were whether there was any close similarity between the names of the two banking companies and whether the ordinary public would mistake one for another. The questions were answered in the affirmative and i..Category: Intellectual Property Law | Date: | Hits: 239
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....t cause from appearing on the date fixed. The Court has got no power to extend the period prescribed for filing an application for reiteration. The reason is not far to seek. Review is an extraordinary remedy. He who seeks review of a Court's order must be vigilant. If his application ..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
.... to the conclusion that the writ is not available. 20. The learned Attorney General, how, ever, raised the point whether in the nature of these contracts a contracting party can retort to the extraordinary jurisdiction and the question being of public importance should merit consideration of this..Category: Property Law | Date: | Hits: 87
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....it can be deduced: (i) that the substance of the transaction is to be ascertained; (ii) if the agreement cancelled related only to some of the transaction carried on in the ordinary course of business of the assessee then the money received will be a revenue receipt; ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....be constructed by the appellants if the appellants have failed to discharge their obligation under the agreement a suit for realisation of damages including the amount paid would lie under the ordinary provisions of law for realisation of the amount so paid. 9. As to the first content..Category: Business or Commercial Law | Date: | Hits: 100
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....mani Ponnambala Dusikar and another Vs. Periyanan Chetii and another, AIR 1936 P.C. 183 : "It is clear that a permanent lease or absolute alienation of debutter property is beyond ordinary powers of management whether in the case of the head of a math, the shebait of a fam..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....her co-sharer of a joint property. The Judicial Committee took note of the general principle that one tenant in common could not maintain an ejectment suit against another tenant in common in ordinary circumstances but, tile Committee held, where the latter tenant had not been in participat..Category: Property Law | Date: | Hits: 50
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....e grievance in which no other procedure is available or is provided by the Code (see PLD 1967 S C. 317, 19DLRS.C. 439) 11. Long line of judicial pronouncements show that the exercise of such extra-ordinary jurisdiction under section 561 A) should only be done in exceptional cases-the emphasis is ..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....to the Crown or to a subject by virtue of a grant from the Crown, either express, or implied from long enjoyment; Wms. on Rights of Common, 228" (Elph. 581, which see); "an immunity or exemption from ordinary jurisdiction" (terms de la ley). See NON-USER. (2). "Franchise" and "Liberty" are used..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....ollows: "District" means the limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a "District Court") and includes the local 'limits of the ordinary original civil jurisdiction of the High Court Division)." "Judge" is defined in th..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....he other, and the parentage of the child be not well known to any person. It is well settled that the acknowledgement of parentage under the Mohammedan Law rests upon a footing higher than that of ordinary admission as pure matters of evidence. The rule of acknowledgement of parentage is based..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....g, prepaying and posting by registered post, a letter containing the document, and unless the contrary is proved, to Save been effected at the time at which the letter would be delivered in the ordinary course of post.'' 24. Having regard to this decision also, we find no hesitation in h..Category: Fiscal/Taxation Law | Date: | Hits: 80
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
.... the provisions of the aforesaid section undoubtedly constitutes an offence punishable under section 30 of the Act No distinct has been drawn between such offence and an offence created under the ordinary law. It would logically follow that any person who derives knowledge of commission of such ..Category: Criminal Law | Date: | Hits: 59
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....f a company by the Court may be had in the same manner and subject to the same conditions in and subject to which appeals may be had from any order or decision of the same court in cases within its ordinary jurisdiction." This faction differentiates between appeal against order and appeal agai..Category: Company Law | Date: | Hits: 195