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Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....Court exercising any jurisdiction, we get a clear indication that our military law is a system, of law or jurisprudence which exists separate and apart from the law which governs our judiciary in its ordinary and general jurisdiction. In the perspective of the Constitutional and legislative provis..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....s "in any order" are frequently added, but in any case it appears to me that the ports must be ports substantially on the course of the voyage. It follows that, when the defendants' ship went off the ordinary track of a voyage from Fiume to Dunkirk to a port not on the course of that voyage, such as..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
....ed Deputy Attorney General appearing for the State argued that Regulation 7B is not limited to Martial Law cases or Martial Law Courts but it is equally applicable to the criminal cases pending in ordinary criminal courts or special tribunals Now it should be examined whether Regulation 7B is wi..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
.... Nazar 400 shares and George Nazar 200 shares. Nazar’s father and son thus had a majority of the votes in general meeting and until the dispute all the three remained directors. Later on, an ordinary resolution was passed by the company in general meeting by the votes of Nazar and George N..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....te. Respondent No.2 was an employee of the Dacca Improvement Trust (DIT), He was tried by Special Magistrate on a criminal charge but was acquitted on the ground that' the case was triable by the ordinary criminal Court. Thereafter the departmental proceeding was initiated against him which is..Category: Labour and Industrial Law | Date: | Hits: 108
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
....e the ensuing vacation) I am delivering this dissenting judgment in Court sitting with my learned brother in presence of the learned Advocates of both the parties." 5. In ordinary course of Court's business a dissenting judgment is delivered immediately after the main ..Category: Procedural Law | Date: | Hits: 128
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
....substituted for a punishment, which was what the Management had done. This view did not find favour with the Supreme Court which held as follows:— "But in the case of private employment, the ordinary rule of master and servant must be sustained, namely, that without cause assigned the mast..Category: Labour and Industrial Law | Date: | Hits: 107
Secretary, EPIDC, Dacca Vs. Md. Serajul Hoque, 1973, 2 CLC (AD)
....to that protection. Moreover the terms and conditions of employment of the respondents were not regulated by any statutory rules but were governed by their contracts of employment. That being so, the ordinary law of master and servant was applicable to the present case, and under that law the Corpor..Category: Employment/Service Law | Date: | Hits: 96
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....r largely of production e. g., dairy-farming business or a sheep-rearing business but where a business consists entirely in buying and selling goods it is more difficult to distinguish between an ordinary and a realization sale, the object in either case being to dispose of goods at a higher pri..Category: Fiscal/Taxation Law | Date: | Hits: 82
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..Category: Business or Commercial Law | Date: | Hits: 94
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....s of facts which they contain. Indeed, it is obvious that if such proof were permitted the rights of reversionary could always be defeated by the insertion of carefully prepared recitals. Under ordinary circumstances and apart from statute, recitals in deeds can only be evidence as between t..Category: Property Law | Date: | Hits: 47
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....Port Authority has in exercise of its statutory power floated tender for the purchase of machinery e.g. Gantry Cranes for capital investment and, as such, it cannot be said that the transaction is an ordinary trading transaction. Furthermore we have already observed that declaration of resp..Category: Others | Date: | Hits: 130
Md. Yousuf Ali Vs. Kazi Syed Shamsul Hoque and others, 2006, 35 CLC (AD)
.... 14. The matter taken to the court Singh, J. observed:- "5. The question raised is about the meaning of the word "resides" as it occurs in the second proviso. In its ordinary meaning the word is capable of embracing permanent as also temporary residence. Referring..Category: Constitutional Law | Date: | Hits: 178
Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
....itration Appellate Tribunal. In view of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with cost to be paid by the appellant No. 1. Ed...Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....re is no ground whatever for introducing the definition of the word "seamen" found in the Merchant Shipping Act into the Employers Liability Act. In the latter Act, I think the word must have its ordinary signification. The anxiety of the High Court Division for interpreting the presidential ..Category: Property Law | Date: | Hits: 85
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
.... the whole of the income. An explanation has been appended to the section to indicate what amongst others could be the charitable purposes. The expression 'charitable purposes' has been used in the ordinary sense understood in English language and is to be understood in that sense. Conception diff..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....ng pendency of the case before the Special Tribunal it was transferred to the Special Martial Law Court No. II, Dacca by the Notification dated December 23, 1976 published in the Dacca Gazette (Extra-ordinary) and the case was registered as M.L. Case No. 6 of 1977. Trial was held against five accu..Category: Criminal Law | Date: | Hits: 294
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ..Category: Criminal Law | Date: | Hits: 58
Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)
.... 1972 was repealed on 9.2.74 and the charge sheet was submitted after the said repeal on 7.9.74 and as such the case ceased to be a case under the special statute but continued to be a case under the ordinary criminal law and as such an illegality has been committed by the Magistrate in this case in..Category: Criminal Law | Date: | Hits: 48
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
.... is an accepted canon of interpretation that the words in a statute must be taken to be used correctly and exactly, and not loosely or inexactly. Dictionary may be referred to just find out the ordinary meaning of the word used in the English language, but interpretation by relying on dictiona..Category: Property Law | Date: | Hits: 66