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Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....complained of that they received instructions from respondent No.5 to stop activities of the aforesaid work, vide site works book instruction dated 25.09.2006 and requested to treat the matter as per clause 44.1(G) to avoid future financial loss. On 15.11.2006, respondent No.5 wrote to respondent No..Category: Others | Date: | Hits: 118
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....ion of punishment as provided in section 35A of the Code is thus quite inconsistent with the scheme of Special Powers Act itself. Further, section 34B of the Special Powers Act contains an overriding clause which is reproduced below: "34B. Act to override all others laws.- The provision of this ..Category: Criminal Law | Date: | Hits: 63
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....en they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. 107. Mr. Khan put emphasis on the expression in clause (1) "as to any of the circumstances of the transaction which resulted in his death" and submi..Category: Criminal Law | Date: | Hits: 70
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....ause both were the same. They accepted four copies of packing list instead of two. He denied that third defendant KEB negotiated discrepant documents. KEB negotiated the documents under reserve under clause J of the letter of credit because it was a claim that applied between third defendant KEB and..Category: Business or Commercial Law | Date: | Hits: 289
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ess, during such period, any written claim is received from the skipper, owner or charterer, if any, contesting such forfeiture. (2) Where any written claim contesting forfeiture is received under clause (b) of subsection (1), either— (a) the subject matter of the claim shall be released an..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... personnel should be allowed to enter and inspect any Sawmill to ascertain transit of timbers in the Sawmill or make inspection in accordance with the provisions of the licence. There is also a penal clause to the effect that if the petitioner-owner of the sawmill fails to pay the fee or fails to re..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
....ery or plant is sufficiently important and essential to justify the inference that the new undertaking is formed by its acquisition, this condition should be regarded as fulfilled. The explanation to clause (B) of sub-section (i) also provides that the provisions of exemption shall also apply to the..Category: Fiscal/Taxation Law | Date: | Hits: 93
Category: Environmental Law | Date: | Hits: 484
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... their part of the contract and that because of a situation beyond their control, they could not complete the work within the stipulated period of time. He lastly submits that despite the arbitration clause in the contract, the present writ petition is maintainable. 6. Mr. Mrinal Kanti Biswas, le..Category: Business or Commercial Law | Date: | Hits: 186
Category: Others | Date: | Hits: 146
State Vs. Mokammel Hyeath Khan, 2006, 35 CLC (HCD)
....ore. 14. Mr. Abdur Rezaque Khan, the learned Additional Attorney-General, appeared in support of the death reference. He submits as follows: (1) The offence as alleged comes within the scope of clause (4) of section 300 of the Penal Code. (2) Explanation (d) of sections 300 of the Penal Cod..Category: Criminal Law | Date: | Hits: 236
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....reported in 51 DLR 237. Mr. Gazi Niamat Hossain further submitted that the appellant also filed an application for registration of the trade mark 'Crocodile' in his name vide application No. 52667 in clause 25 which having been published in the journal was being opposed vide Opposition Case Nos. 152..Category: Intellectual Property Law | Date: | Hits: 189
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....The provision of subsection (2) of section 2 of the Code also includes a decree on rejecting of a plaint. It appears from the facts that the impugned decree rejecting the plaint has been passed under clause (a) of rule 11. This is a settled principle that a court can reject a plaint under clause (a)..Category: Procedural Law | Date: | Hits: 90
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....the particular provision ought not to be construed as it would be alone and apart from the rest of the Act." And Lord Davey in Canada Sugar Refining Co Vs. R (1898) AC. 735 (74) said: “Every clause of a statute should be construed with reference to the context and the other clauses of the A..Category: Civil Law | Date: | Hits: 131
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ..Category: Employment/Service Law | Date: | Hits: 79
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
....one person signifies to another his willingness to do or to abstain from doing anything with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal; and clause(b) provides that when the person to whom the proposal is made signifies his assent thereto, t..Category: Business or Commercial Law | Date: | Hits: 209
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
.... মতে কমিবে এবং আমরা সরকার নির্ধারিত উপযুক্ত ক্ষতিপূরণ পাইবে। " On a reading of the aforesaid clause, it is evident that there is a provision for cancellation of the settlement on the ground of ..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....urisdictional value to be the same in certain suits.— Where the suits other than those referred to the Court Fees Act, 1870 (VII of 1870), section 7, Paragraphs (v), (vi) and (ix) and paragraph (x) clause (d). Court Fees are payable ad valorem under the Court Fees Act, 1870 the value as determinab..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
....lement of debt is the common factor in both the legislations. 10. From the tenor of arguments advanced by the parties in the case the question that falls for determination is, whether the equality clause under Article 27 of the Constitution Has been disregarded in the impugned legislation, namely..Category: Civil Law | Date: | Hits: 125