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Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....es with the creditor. There is nothing in the deed of guaranty to show that respondents No. 2-6 have been absolved from repaying the loan unless the appellant company repaid the loan nor is there any clause therein postponing the priority in repaying the loan in their favour.” 7. Predicated on..

Category: Company Law | Date: | Hits: 203

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

............................. (2) ................................................" It is seen that the Ordinance No.54 of 1985 provides that a building can be listed as an abandoned Property under clause (a) of sub‑section (1) of section 5 of the Ordinance only when possession of the respective..

Category: Property Law | Date: | Hits: 86

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....hat though the Ain of 2002 had already been repealed by the repealing Ordinance No.12 of 2008 on 15.04.2008 and subsequently the said Ordinance has also been repealed by the Ain of 2009 with a saving clause in Section 31(2) of the Ain whereby pending cases and proceedings have been saved as if those..

Category: Civil Law | Date: | Hits: 238

AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)

....rrence from 20.5.1977 to 16.2.1978 alleging, inter‑alia, that M/S. Asadul Haque and Company Limited maintained current Account No.114 with the Dhaka Branch of the Bangladesh Krishi Bank; that under clause 13 of the Company's Articles of Association, none except Director of the company can open any..

Category: Criminal Law | Date: | Hits: 80

Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)

....ief Justice of a High Court, the Chief Justice of Pakistan, the Supreme Judicial Council, the Federal Government or a Provincial Government; (vii) a plea of truth taken up as a defence in terms of clause (vi) in proceedings for contempt of Court arising from an earlier averment unless it is menda..

Category: Employment/Service Law | Date: | Hits: 115

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....ion contemplates that on ceasing to hold office, the Comptroller and Auditor-General shall not be eligi­ble for further in the service of the Republic. 49. Now let us have a look at the debarring clauses, if any, in respect of employment of other constitutional functionaries after expiry of thei..

Category: Employment/Service Law | Date: | Hits: 92

Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)

.... the petition that Nabarun Sangsad is a football club recognised by the said Bangladesh Football Federation, which is an affiliated National Sports Organisation of the Bangladesh Sports Council under clause (g) of section 12(2) read with Schedule Part‑I of the Bangladesh Sports Council Act, 1974 (..

Category: Constitutional Law | Date: | Hits: 165

New Eastern Trading Corporation Limited Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....e, enquire into the matter, give the worker concerned an opportunity of being heard and communicate his decision, in writing, to the said worker; (b) if the employer fails to give a decision under clause (a) or if the worker is dissatisfied with such decision, he may make a complaint to the Labou..

Category: Labour and Industrial Law | Date: | Hits: 124

Abdul Khaleque (Md) Vs. Deputy Commissioner, Dhaka, 1992, 21 CLC (HCD)

....ation No.13 of the Service Regulations, 1979 as quoted above the power of suspension of a teacher vests in the appointing authority. The appointing authority of secondary teachers has been defined in clause (a) of Regulation No. 2 of the Service Regulations, 1979, as follows: “2(a) "appointing ..

Category: Employment/Service Law | Date: | Hits: 59

Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)

....s the parties are not entitled as of right to the admission of such evidence and the matter is entirely in the discretion of the Court. The approach of the appellate Court requires as mentioned under clause (b) of sub‑rule (1) of the Order 48 it is only when the Courts "requires it" i.e. finds it ..

Category: Property Law | Date: | Hits: 69

Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)

.... bailiff to put the decree‑holder in possession of the property and to remove any person bound by the decree who may refuse to vacate the same. The language of the form, which is in line with first clause of r.35, indicates that the warrant issued under this provision is not issued to remove any p..

Category: Civil Law | Date: | Hits: 89

Government of Bangla­desh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)

....he principal and not by the third party. What's more, the parties gave precedence to the contract over any other understanding that had been allegedly reached by them previously which is evident from clause 22 providing that it "shall be deemed to constitute the entire agreement between the parties ..

Category: Business or Commercial Law | Date: | Hits: 267

Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)

....n undertaking or taken such a responsibility that he must get the mortgaged house and press released from the Pubali Bank in favour of the petitioner No.1 by 31.3.86. There is no proviso or any other clause in the agreement by which or for which a lenient or different interpretation can be given to ..

Category: Company Law | Date: | Hits: 159

Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....Bangladesh, abroad, were informed. But the petitioner concealing his previous passport, filed an application on 3.6.88 for a new passport. He signed the application form for the new passport crossing clause 18, meaning thereby that he had obtained no passport earlier. Thus, on suppression of his pre..

Category: Constitutional Law | Date: | Hits: 288

Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)

.... The liability and responsibility of the agent have been prescribed in section 55 of the Act. The agent is liable for appearance of the vessel and permission to its departure. Provisions laid down in clause C & E of sub‑section (1) of section 55 and sub‑section(2) of section 55 have prescrib..

Category: Admiralty Law or Maritime Law | Date: | Hits: 177

Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)

....published in the Bangladesh Gazette on June 23, 1990) reads as follows: "Amendment of Article 65 of the Constitution. In the Constitution of the People's Republic of Bangladesh, in Article 65, for clause (3) the following shall be substituted, namely‑ (3) Until the dissolution of Parliament ..

Category: Constitutional Law | Date: | Hits: 164

Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)

....the Western corner of sector 9 as ear­marked for flats. It is not understood how it could be so shown if it did not belong to the respondent No.1." 10. The High Court Division on consideration of clause 21 of the lease deed observed that open spaces for school, mosque, park, ground, shopping cen..

Category: Property Law | Date: | Hits: 92

Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)

....or but the defendant No.1 did not appoint any arbitrator and in that circumstances, Mr. Mahmudul Islam, appointed by the respondent No.1 as arbitrator acted as the sole arbitrator as per provision of clause (b) of section 9 of the Arbitration Act, 1940. This clause (b) of section 9 of Arbitration Ac..

Category: Alternative Dispute Resolution | Date: | Hits: 182

Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

....ommunicated to the Chancellor who shall then take such action on the report of the Enquiry Commission and resolution of the Syndicate as he may think fit. (4) An Enquiry Commission appointed under clause (2) may require any officer or authority of the University to furnish it with such papers or ..

Category: Others | Date: | Hits: 153

Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)

....t case? In this connection, it may be noted that in the parent legislation, that is to say, in the দুর্নীতি দমন কমিশন আইন, ২০০৪, there is no non-obstante clause making the same an over-riding one as a whole, though some of the provisions have been made o..

Category: Anti-Corruption Laws | Date: | Hits: 200