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Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....ed by the trial Court more so when the plaintiff-appellant failed to prove any damage to her property. 18. Whether transfer fee is payable by the defendant-respondents, it is necessary to refer to clause 23 of the standard lease agreement of DIT at page 222 of the paper book, part-II which reads ..Category: Property Law | Date: | Hits: 144
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....anding anything inconsistent therewith contained in the Code or in any other law for the time being in force." 17. The quoted provisions of section 34B of the Act shows that it is the non-obstante clause of the Act on the strength of which the provisions of the Act shall over those of the Code of..Category: Fiscal/Taxation Law | Date: | Hits: 177
Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)
....yment, if now we hold that the case cannot be maintained, the complainant cannot file a fresh case because no Court will be able to take cognizance as the same case will be beyond time as provided in clause (b) of section 141 of the Act. In such circumstances, we are of the view that the principle l..Category: Criminal Law | Date: | Hits: 75
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....e date of receipt of the notice but the complainant filed the instant case before expiry of one month. It is further submitted that cause of action arises one month after the issuance of notice under clause of the proviso to section 138 but complaint was filed long after the statutory period and, as..Category: Civil Law | Date: | Hits: 150
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....the learned Advocate for the petitioner, submits that irrespective of the mandatory nature of Article 123(4) of the Constitution the same has been overridden by Article 125 because of a non obstanate clause in the latter Article. Therefore, the election contemplated under Article 123 should be kept ..Category: Election Law | Date: | Hits: 162
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....e aforesaid decision their Lordships expressed the view that the words "just and equitable" in section 162 of the Companies Act are not to be construed 'ejusdem agencies with the matters mentioned in clauses (i) to (v) and, therefore, whether mismanagement of the directors is a ground for a winding ..Category: Company Law | Date: | Hits: 233
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
.... that enforcement of the fundamental right conferred on the petitioner, is involved. To redress his grievance, Mr. Huq argues, the petitioner can, of course, choose this Court as his forum in view of clause (1) of Article 102 of the Constitution. 12. He continued by submitting that there is an ap..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....t No.6 submits that it is true that the appeal was not disposed of within 2 days from the date of filing of the appeal but the respondent No.7 had no hand in the matter. Moreover there was no default clause in the Rule and hence the same should be read as directory. 15. On perusal of Annexure-C t..Category: Election Law | Date: | Hits: 154
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....parently, in the case impugned before us, the cognizance has not been taken by the Magistrate upon a 'complaint' as required under the provision of sections 498 and 499 of the Code. 13. Looking at clause (h) of sub-section (1) of section 4 of the Code, we find that the word 'complaint' has been..Category: Criminal Law | Date: | Hits: 79
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....2,58,538 is in fact for one or each unit of complete boat along with spare parts of one boat and mistake also resulted in the contract dated 18-10-04 between the 1st and 2nd party specifically at the clause of contract price and the quotation form of financial offer of the 1st party be deemed as for..Category: Alternative Dispute Resolution | Date: | Hits: 334
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... (b) if he is absent from Parliament, without the leave of Parliament, for ninety consecutive sitting days. (c) upon a dissolution of Parliament; (d) if he has incurred a disqualification under clauses (2) of Article 66; or (e) in the circumstances specified in Article 70. (2) A member o..Category: Constitutional Law | Date: | Hits: 344
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....on which is ‘শতকরা ৫০ ভাগের এই হিসাব কেবলমাত্র একবাররের জন্য প্রযোজ্য হবে।’ 58. This clause made a great difference from the earlier policy in transferring work-charged employees from t..Category: Employment/Service Law | Date: | Hits: 208
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... of the Depository Act, 1999. As per Central Depository Bangladesh Ltd. (CDBL) Bye Laws 9-2-5, an issuer shall confirm or reject demat request of eligible securities within two business days and this clause is binding on the petitioner. 9. By dematerialising the shares in question, the stand take..Category: Business or Commercial Law | Date: | Hits: 237
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..Category: Business or Commercial Law | Date: | Hits: 219
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....1st January, 1959 Action was taken in this case under Article 6(5)(b) of the Laws (Continuance in Force) Order, 1959. President's Order No.1 of 1959 dated 9th March, 1959 was promulgated adding new clauses 3 and 4 and clause 5 was subsequently amended by President's Order No.5 of 1959 promulgate..Category: Employment/Service Law | Date: | Hits: 196
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....velopment work in his constituency. Time to time fund was used to place upon him for the development work. Therefore, as a member of our Parliament the petitioner was a public servant as defined in clause 12 of section 21 of Penal Code. It may be mentioned here that the operation of the judgment a..Category: Criminal Law | Date: | Hits: 230
Category: Property Law | Date: | Hits: 150
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
.... 692, the Commissioner, Karachi purported to withdraw the prosecution against Mahboob Ahmed in exercise of his powers under sub-section (4) of section 10 of the Criminal Law (Amendment) Act read with clause 5 of the West Pakistan Administration (Merger of the Federal Territory of Karachi) Order, 196..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....aran Chakraborty, P.W.4. 13. Thirdly, Mr. Khondker submitted that the plaintiff-respondent did not succeed in proving the execution of the will as required by law. He referred to the provisions of clause (c) of section 63 of the Succession Act. Section 63 provides as follows: "Every testator, ..Category: Property Law | Date: | Hits: 80