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Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)

....asure in addition to the sum of Rs 5,000 already paid by it. While passing the judg­ment of the Court Chandrachud, CJ observed as under: "The petitioner could have been relegated to the ordinary remedy of a suit if his claim to compensation was factually controversial, in the sense tha..

Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5

Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)

..... 2. The learned Advocate Mr. A.K.M. Fazlul Hoque, appearing on behalf of the petitioner, submits that by way of resolution dated 29.12.2011 the company AQUA CULTURE FARMS LIMITED in an extra-ordinary general meeting decided to amend its object clause to include a new clause, being sub-clau..

Category: Company Law | Date: 28 May, 2012 | Hits: 32

Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)

....s. To enable the Government to take all these question with speed and enthusiasm it is bound to requisition and acquire, where necessary, movable and immoveable properties for some years to come. The ordinary law of acquisition, namely The Land Acquisition Act 1894, which is always meant for normal ..

Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....oi duty and to recover octroi duty from the com­pany. In the context of the matter, the Supreme Court observed "the High Court may, in exercise of its discretion, decline to excise its extra-ordinary juris­diction under Article 226 of the Constitution. But the discretion is judi­cia..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220

Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)

....py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ..

Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

....ondent No.6 under incorporation certificate No.7864(2154) dated 02.06.1999 as a Public Limited Company. The authorized capital of the company was taka 100 crore divided into 1, 00, 00,000 (one crore) ordinary shares of taka 100.00 each and at the time of incorporation, its paid up share capital was ..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)

....n of any Court/Tribunal subordinate to it. But this power must be exercised very sparingly cautiously and only in exceptional cases keeping in view the facts and circumstances of each and every extra ordinary power has to be pressed in aid when there is a flagrant abuse by subordinate Court………..

Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215

Dulal Brothers Ltd. Vs. Registrar of Joint Stock Companies and Firms, 2013, 42 CLC (HCD)

....in. 2. The learned Advocate Mr. Mohammad Hedayet Hossain, appearing on behalf of the petitioner, submits that by way of resolution dated 25.1.2012 the company DULAL BROTHER LIMITED in a extra-ordinary general meeting decided to amend its object clause to include a new clause, being sub-clau..

Category: Company Law | Date: 4 Mar, 2012 | Hits: 28

Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)

....ower must be exercised very sparingly, cautiously and only in exceptional cases keeping in view the facts and circumstances of each and every case. The inherent power which are in the nature of extra ordinary power has to be pressed in aid when there is a flagrant abuse by subordinate Court………..

Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117

Nobendu Das alias Ronju Vs. State, 2012, 41 CLC (HCD)

.... no punishment for infliction of simple injury on demand of dowry, the Tribunal constituted under the said Ain, therefore, had no jurisdiction to try the present case. It could at best be tried by an ordinary criminal Court. 17. The petitioner has already undergone the trial and served out impr..

Category: Women and Children | Date: 29 Feb, 2012 | Hits: 168

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....™ added to a statutory provision is not a substantive provision in any sense of the terms. It is merely meant to explain or clarify certain ambiguities which may have crept in the main provision. The ordinary function of an explanation is to clarify, to facilitate the proper understanding of a provi..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Grameen Phone Ltd Vs. Bangladesh Telecommunication Regulatory Commission (BTRC) and others, 2012, 41 CLC (HCD)

....rs may give interpretation of law if they are required to do so in disposing of the disputes between the parties. Mr. Hossain further argues that the contract between the BTRC and Grameen Phone is an ordinary commercial contract, and, as such, in view of the law as decided by our Apex Court in Sharp..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15

Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)

....Code which provides, culpable homicide is murder, 'If it is done with the intention of caus­ing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death'. The first part of the aforementioned clause is sub&sh..

Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6

Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)

....ose specified'. 19. In dealing with wider words in the con­text of the ejusdem generis rule, Lord Bramwell in Great Western RY. Vs. Sarindon Ry, (1884) 9 AC 786 said "As a matter of ordinary construction where several words are followed by a general expression which is as much appl..

Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10

JMS Glass Industries Limited Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....imitation in preferring the appeal would not operate as a bar in that event. 14. We have heard the learned Advocate for the petitioner and consider her submissions. In a very extreme and extra-ordinary situation this Division considered the prayer of this kind as it has been done in the abov..

Category: Fiscal/Taxation Law | Date: 12 Dec, 2011 | Hits: 14

Shahjahan Vs. State, 2011, 40 CLC (HCD)

....stant Attorney-General appearing on behalf of the State-opposite-party, concedes that it is a case of 'no evidence' against the petitioner but he submits that the petitioner did not invoke the extra­ordinary of the High Court Division under section 561A of the Code of Criminal Procedure with clean ..

Category: Arms Law | Date: 1 Dec, 2011 | Hits: 53

Professor Mahbub Ahmed and others Vs. Securities and Exchange Commission, 2011, 40 CLC (HCD)

.... Following Sub-section (2) of section 24 of the Ordinance, the onus lies on the accused to prove that he is not guilty of the alleged offence. This provision of law is some extend different from ordinary Criminal Jurispru­dence, that the prosecution has to prove its Case……&hel..

Category: Business or Commercial Law, Criminal Law | Date: 23 Nov, 2011 | Hits: 9

Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)

....er pending before it. In the case of Khandker Jillul Bari Vs. The State 2009 BIT (AD) 28 this Division held that it's exclusive power under Article 104 the Constitution applies as special and extraordinary jurisdiction to avoid miscarriage of justice by establishing complete justice and that thi..

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....he fundamental rights guaranteed by the Constitution whereas, under Article 226 the High Courts have been invested with a wider power relating to the enforcement of funda­mental rights as well as ordinary legal rights. 16. Mr. M Amir-ul-Islam contends that the appellants in fact have invok..

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)

....inconsistent with the evidence on record. Apart from the above, if this Division finds a substantial and grave injustice or if there exists special and exceptional circumstances it can exercise extra ordinary jurisdiction for doing 'com­plete justice' in any matter pending before it. This does not ..

Category: Property Law | Date: 15 Jun, 2011 | Hits: 169