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M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....pplication for summary adjudication. After holding inventory into the imported "goods the customs authority passed an adjudication order on 23.12.2010 imposing a fine of TK. 5,50,000.00 under table clause 11(A) of section 156(1) of the Customs Act and also imposed personal penalty of TK. 10,00,000..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....o the plaintiff and the bill submitted by the plaintiff should not be taken cognizance since it was based upon the said commission reports. In this connection the learned Joint District Judge noticed clause 15 of the tender document which provided that the pre-level section and enclosed with tende..Category: Civil Law | Date: | Hits: 73
Category: Civil Law | Date: | Hits: 159
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....ed, the learned Assistant Attorney General, has not seriously disputed the submission of Mr. Farooqui on the question of merit but has contended that this writ petition is not maintainable in view of clause (2) of Article 102 of the Constitution as the petitioner had an equally efficacious remedy by..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
....on of the property which was started in its favour, shall stand abated. The Government is under no obligation to pay the compensation money to the affected person. 18. Section 12 is a non-obstante clause which contains the expression 'Notwithstanding anything contained in this Ordinance'. The pro..Category: Property Law | Date: | Hits: 93
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ..Category: Employment/Service Law | Date: | Hits: 64
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....hat they should be construed according to the intention expressed in the Acts themselves. In construing Acts of Parliament we are to look not only at the language of the preamble or of any particular clause, but the language of the whole Act. In the Ain, a settlement can be effected at three stages ..Category: Civil Law | Date: | Hits: 90
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....s in possession, for which the public servant cannot reasonably account, of Pecuniary resources or of Property disproportionate to his known sources of income". 10. In the Explanation to the above clause "dependent" in relation to a public servant means and includes his wife. On this point the co..Category: Criminal Law | Date: | Hits: 286
Category: Property Law | Date: | Hits: 92
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
....h Labour Act, 2006 will be guided by the provisions laid down in the Employment of Labour (Standing Order) Act, 1965. Be it mentioned here that section 353(b) of the Bangladesh Labour Act is a saving clause. This section indicates that the case filed before the enactment of Bangladesh Labour Law wil..Category: Labour and Industrial Law | Date: | Hits: 161
Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)
....quisition and Tenancy Act are not applicable "to a transfer to a co-sharer" whose interest in the tenancy has accrued by inheritance or otherwise than by purchase. This provision is clearly stated in clause (a) of sub-section (10) of section 96. This sub-section is quoted below: (10) Noting in th..Category: Property Law | Date: | Hits: 62
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....working of the scheme of legislation”- Interpretation of Statutes, 12th Edition at page 201. In the case of Canada Sugar Refining Co V.R (1898) AC 735, Lord Davy observed as under: “Every clause of a statute should be construed with reference to the context and other clauses of the Act, ..Category: Administrative Law | Date: | Hits: 196
Category: Civil Law | Date: | Hits: 87
Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)
....tion of the Revenue does not arise from the order of the Tribunal inasmuch as from the order of the Tribunal we do not find that the Department pressed for making an order for fresh assessment. Under clause (g) of sub‑section (4) of section 33 the Tribunal is empowered to set aside assessment and ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....of persons to whom this Article shall not apply‑ 2B. (1) Notwithstanding anything contained in Article 2 or in any other law for the time being in force, a person shall not except as provided in clause (2), qualify himself to be a citizen of Bangladesh if he‑ (i) owes, affirms or acknowled..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ssession of the decree‑holders in the suit land. It was noted by the learned Single Judge that on the pleadings one question arose for determination, namely whether in the circumstances of the case clause (5) of rule 32 of Order XXI of the Code was applicable. The executing Court held that the inj..Category: Civil Law | Date: | Hits: 100
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
....by him in consultation with the Supreme Court” in Article 116 of the Constitution; and 5. the Second Proclamation (Tenth Amendment) Order, 1977 (Second Proclamation Order No.1 of 1977) inserting clauses (2), (3), (4), (5), (6) and (7) to Article 96 and also clause (1) of Article 102 to the Cons..Category: Constitutional Law | Date: | Hits: 222
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....case had been related to supersession of Judges when being appointed to the Appellate Division of the Supreme Court of Bangladesh. 11. So far as it relates to the appointment of the Chief Justice, clauses (1) and (2) of Article 95 of the Constitution are relevant which provide as follows: "95...Category: Constitutional Law | Date: | Hits: 228
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....ods within the stipulated time did not arise at all. Since it is found that BCIC is in breach of contract, we therefore find and hold that BCIC in the fact and circumstances of the case cannot invoke clause 18 of the contract and claim encashment of the performance guarantees furnished by the seller..Category: Alternative Dispute Resolution | Date: | Hits: 172
Category: Fiscal/Taxation Law | Date: | Hits: 113