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Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....ich are not equally applicable to the terms of other contracts. The conditions are to be construed fairly between the parties and the Court will endeavour to ascertain their meaning by adopting the ordinary rules of construction taking recourse to the ordinary rules of grammar. 13. In sec..Category: Business or Commercial Law | Date: | Hits: 114
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....urt Division perused the Government file and found a report by an Intelligence agency submitted to the Prime Minister and we have been told by the learned Deputy Attorney‑General that it was not an ordinary intelligence report but furnished by a specialised agency of the Government dealing with es..Category: Constitutional Law | Date: | Hits: 185
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
.... to reside and settle would not include the right to move and reside and settle in a private property someone else. It was further observed that the hand-bill issued by the petitioner offended the ordinary law of the land which could not be permitted by invocation of the right to freedom of spee..Category: Intellectual Property Law | Date: | Hits: 279
Sec, Internal Resources Div., Min. of Finance & Chair, Vs. Nasrin Banu & 5 ors., 1996, 25 CLC (AD)
....nd good conscience, sometimes it may be in the nature of arbitration, sometimes it may be justice tempered with mercy, sometimes it may be pure commonsense, sometimes it may be the inference of an ordinary reasonable man and so on. This Court has done this exercise in varying circumstances apply..Category: Constitutional Law | Date: | Hits: 161
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
.... 2.2.1984 which has been produced by Mr. Moksudur Rahman, learned Advocate for the plaintiff -respondent. It is clearly provided in Clause (2) of the said agreement that the tenant will be a monthly, ordinary ejectable tenant under the owner in respect of the demised premises at a monthly rental of ..Category: Tenancy Law | Date: | Hits: 82
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... a Division Bench in the case of Dacca Jute Mills Ltd. vs Satish Chandra Banik, 19 DLR 735, observed that matters decided under the Act by a Single Bench are not disposed of in the exercise of the ordinary original civil jurisdiction of this Court which has not yet exercised such jurisdiction. ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)
.... categories of workers of the Cinema Halls in Bangladesh as contained in the Notification dated 1st August, 1987 being SRO No.158.L187/Sha-10/ Nimna-19/87 and published in the Bangladesh Gazette Extraordinary. The High Court Division while discharging the Rules on contest, by the impugned judgment m..Category: Labour and Industrial Law | Date: | Hits: 130
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
.... 8. After the deletion of the interpretation clause under sub-section (8) of section 2 of the Bengal Agricultural Income Tax Act, the term Hindu undivided family has to be understood in its ordinary meaning. Under that clause Hindu undivided family only meant a Hindu undivided family gove..Category: Fiscal/Taxation Law | Date: | Hits: 98
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
....f a person could be served or presented a copy then he should not be attempted to be notified affixing a copy of the notice on some parts of his place of abode or residence. We feel that under the ordinary circumstances a notice should be served or presented by giving or tendering the notice to ..Category: Others | Date: | Hits: 92
AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....(Pauper) vs. William Hunt & Sons, Limited 1912 AC 495, is very apt in this regard. His Lordship in explaining the mode of approach on the subject observed as follows: "In the ordinary and popular meaning which we are to attach to the language of this statute I think there ..Category: Labour and Industrial Law | Date: | Hits: 118
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
....nce may be made to the decision in the case of Tokaram Jayaram vs. Hari Volad Sakharam and another ILR 28 Bom. 601 FB. The decision of the Full Bench is to the effect that a plaintiff suing in the ordinary Court on his title for the possession of land is not bound by reason of anything in Articl..Category: Property Law | Date: | Hits: 69
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
.... conscious that the act was one which he ought not to do and if that act was at the same time contrary to the law of the land, he is punishable. The standard to be applied is whether according to the ordinary standard adopted by reasonable men the act was right or wrong. 13. Occasional looseness ..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
.... of the usufructuary mortgage. The learned Subordinate Judge did not consider that this is not the only remedy given to judgment debtor. This is a speedier and cheaper remedy given in addition to the ordinary remedy prescribed by law. Therefore, the ordinary remedy by way of redemption suit is alway..Category: Property Law | Date: | Hits: 82
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....Procedure. Article 34 (5) specifically lays down that if the prayers in the suit are of the description contained in Article 34 (5)(a)(i) or (ii) or (iii) then the suit will not be entertained. In an ordinary civil suit the plaint is rejected, inter alia, “where the suit appears from the statement..Category: Property Law | Date: | Hits: 77
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....The High Court Division was wrong in holding that the impugned Administrative Circular not being any rule or regulation and merely a circular for guidance of the promotion committee the same is an ordinary document validity of which can be challenged before the Administrative Tribunal. Mr. Ahmed..Category: Employment/Service Law | Date: | Hits: 63
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
.... facts manifesting an alarming unmindful ness of the basic principles of criminal jurisprudence and what is worse there is a total absence of any systematic consideration of evidence following the ordinary norms. It is a haphazard exercise, jumping from one topic to another, full of contradictor..Category: Criminal Law | Date: | Hits: 80
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....under Article 34 of the BSRS Order which is a special enactment and it will prevail over general law……. Article 34 of the BSRS Order being special law for the special purpose, no relief under the ordinary law in the form of temporary injunction is available….(13) Lawyers Involved: AKM ..Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....urs of work the worker’s overtime will begin from the hour when the settled hour is reached. The worker need not wait till he works 48 hours a week to get the overtime allowance at double the ordinary rate of his wages. For him the working hour fixed by settlement is the normal working hou..Category: Labour and Industrial Law | Date: | Hits: 134
Habibul Islam Bhuiyan President Supreme Court Bar Association, 1999, 28 CLC (AD)
....or attempting to impair the administration of justice, they are immune. Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful even though outspoken comments of ordinary men. 13. Before parting it is to be observed that the Court expected more circumspectio..Category: Others | Date: | Hits: 99
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
....es. He had a strong political capability sufficient to destabilise the present situation and the Government endangering public safety and public order. He had a strong political background and extraordinary capability to subvert the erstwhile Government headed by President Sattar and during his ..Category: Constitutional Law | Date: | Hits: 191