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Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....sant with that trade, business or transaction knows or understands to have a particular meaning in it, then the words are to be construed as bearing that particular meaning kick may differ from the ordinary or popular meaning. Learned Additional Attorney -General has also cited on this point..Category: Business or Commercial Law | Date: | Hits: 109
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....osque. The upkeep of a mosque from the income of a property dedicated to wakf, does not come within the plain meaning of the said expression. When it does not come within the plain and ordinary meaning of the exception rule, we should abstain from expanding its meaning or operation. ..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....CJ as he then was, in delivering the leading judgment of the Bench stressed upon the plain and general language used in sub-rule (2), which, according to him, should be understood in their proper and ordinary meaning and also observed that to interpret the said words in a different way would have ..Category: Property Law | Date: | Hits: 93
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....were sought to be quashed at the complaint stage. It was held "quashing of proceedings at so early stage gives an unfortunate impression of stifling of criminal prosecutions, by exercise of an extraordinary power which is given for the dispensation of complete justice, in the forms provided by law..Category: Anti-Corruption Laws | Date: | Hits: 225
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....tion of the Legislature. In clause (Via) the word 'in Pakistan' are to be found but not in clause (VI). The Legislature in the same section has employed different language in two clauses. The ordinary rule of interpretation that change of language represents expression of different intenti..Category: Fiscal/Taxation Law | Date: | Hits: 134
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....ge of Article 58 of the Constitution of 1962. A glance at the language of the Article reveals a total lack of any word, expression or language leaning towards the restriction or curtailment of the ordinary meaning of the word 'judgment'. If we look closely at the words immediately following the ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....he High Court Division, as then was) who, after considering many decisions, including the aforesaid ones, made the following observation: "It is clear that the District Judge who is a part of the ordinary judicial system of the county becomes seized of a dispute under Section 39 of the Ordinance..Category: Trust/Waqf Law | Date: | Hits: 182
Yusuf Sk. alias Sk Abu Yusuf Vs. Appellate Tribunal and another, 1977, 6 CLC (AD)
....ence of a witness, of course the veracity of the witness is not tainted in any manner…………(6) The High Court Division has rightly declined to interfere with the finding of the facts on extraordinary writ jurisdiction. In doing so the High Court Division did not commit any illegality which ..Category: Criminal Law | Date: | Hits: 70
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
.... by the sale. Rajamannar C. J. explained the view of the Bench in the following words: “The words are indeed very wide and on a literal construction of the words not only decree holders but even ordinary creditors who have not yet sought to enforce their claims can be said to be affected by the..Category: Property Law | Date: | Hits: 118
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....which has been subsequently cancelled of the introduction of the amended Rule 299, and was to the following effect: "Subordinate Courts should, save for special reason, employ the ordinary method of letter of request to the foreign Court in all cases (save in the case of United ..Category: Civil Law | Date: | Hits: 108
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....ctions in the Texts indicate, for the spiritual benefit of her deceased husband and is terminable under certain circumstances during the life time of the widow, and is quite distinct from the ordinary notion of a proprietary right which is vested absolutely in an owner. The determ..Category: Property Law | Date: | Hits: 59
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
.... was made out against the accused under section 302/34 and the charge-sheet was submitted against them under the aforesaid sections they might be tried before a competent court under ordinary jurisdiction. 7. It may be noted there that the same bench of the High Court Divisi..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
.... was promulgated, there was no statutory definition of an urban area either in the said Act or in any other Act in pari materia, and therefore it should be understood in its ordinary dictionary meaning which is pertaining to a city or town. Town also was not defined..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....cerned with the execution of policy of the Government within the field of their activities, as for example, in the case of monetary policy, is the Bank of England, but in matters of routine, in the ordinary running of their undertakings and in the decisions necessary for that purpose, they act ind..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
.... following observation:— "Their Lordships cannot accept the argument or suggestion that when once the claimant is admitted to the High Court he has all the rights of an ordinary suit or including the right to carry an award made in an arbitration as to the value of ..Category: Property Law | Date: | Hits: 135
Nibir Chandra Chowdhury and others Vs. State, 2001, 30 CLC (AD)
....ly to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not..Category: Criminal Law | Date: | Hits: 59
Abul Fazal (Md) alias Abul Fazal alias Badal and another Vs. State, 2001, 30 CLC (AD)
.... The Code of Criminal Procedure, 1898 (V of 1898), Sections 234 & 561A Holding of trial of the offences in the special court and ordinary court can not be considered beyond the law whenever offence on the same transaction falls ..Category: Criminal Law | Date: | Hits: 65
Secretary, Ministry of Establishment Vs. A M Nurunnabi, 2001, 30 CLC (AD)
.... 9-5-1996. Consequently, the respondent was reinstated in the service on 6-6-1996 canceling his earlier order of retirement dated 27-8-1982 and treating the period of absence from service as extra-ordinary leave without pay under rule 72(b) of Bangladesh Service Rules, Part- 1. The petitioner th..Category: Administrative Law | Date: | Hits: 117
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, 2001, 30 CLC (AD)
....tive order on 1-7-1986 keeping existing calculation for overtime by operation of clause (c) of the agreement dated 26-2-1986 and that the claim of overtime allowance at the rate double the rate of ordinary wages in excess of 38½ hours and 44 hours is not allowable unless they work for mor..Category: Labour and Industrial Law | Date: | Hits: 128
Special Reference No. 1 of 1995, 24 CLC (AD)
....'The words are not to be found in any of the books of Parliamentary Practice and Procedure although they are resorted to by members of Parliament almost everywhere. Naturally we had to look for their ordinary meaning and we must say that we have been overwhelmed by the learned Counsels by their indu..Category: Constitutional Law | Date: | Hits: 248