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Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....lar case, the learned Magistrate has resorted to the latter option. This is the absolute discretionary power of the Magistrate. The words "report in writing of such facts made by a police officer" in clause (b) of section 190(1) would include a report by the police in any case they can investigate u..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
..... 5, is operating the vessel as owner of the same. He refers to the Memorandum of Agreement dated 24-2-2004 (slot agreement) where the name MV X-Press Resolve has been stated to be a Seacom vessel in clause 3 thereof. Mr. Rafique-ul-Huq further refers to clause 4 of the addendum No. 3 to the Agreeme..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....eld the office of the Minister. While elaborating this submission, the learned Counsels argued that since Article 147(3) is couched in negative terms its effect is mandatory. Hence the bar created by clause (3) of Article 147 against holding the office, post or position of the printer, publisher and..Category: Information Technology Law | Date: | Hits: 324
Category: Others | Date: | Hits: 164
Ziaul Karim Farazi and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....le 11. A fee of Tk.100.00 is to be paid on the memo of appeal under Sub-Rule (4) plus an additional fee of Tk.10.00 for each copy of an application (herein this case Memo of Appeal) as required under clause (a) of Sub-Rule (3) shall be paid by the appellant in court fee stamp affixed to the memo of ..Category: Administrative Law | Date: | Hits: 215
Shah Alam and others Vs. State, 2000, 29 CLC (HCD)
....ellants and another guilty for the offence charged under section 395 of the Penal Code and convicted them thereunder and sentenced to suffer rigorous imprisonment and ordered to pay fine with default clause as mentioned above. The learned trial Court found the accused-appellants along with others no..Category: Criminal Law | Date: | Hits: 67
Kamruzzaman (Md.) alias Zaman Vs. State, 2000, 29 CLC (HCD)
....rred to paragraph 1 of the Schedule appended to the Act with runs as follows: “1. “offences punishable under this Act” with particular emphasis on the expressions “or any other goods” in clause (a) of section 25B(1) of the Act.” 12. To evaluate and appreciate the contradictory cont..Category: Criminal Law | Date: | Hits: 72
Category: Property Law | Date: | Hits: 110
Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)
....nd, therefore, it is fruitless even to consider declaring the law to be void, unconstitutional and ultra virus when the legislature itself has repealed the law. He further pointed out that the saving clause in the new law is such that offences committed at the time of the existence of the earlier la..Category: Criminal Law | Date: | Hits: 128
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
....ning excepting what followed after the word “means”. On the contrary, the use of the word “includes” does not exclude other possible meanings besides what have been expressly mentioned in the clause, or in other words, by providing the inclusive definition of the terms “arms” the section..Category: Criminal Law | Date: | Hits: 38
Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
....(2)(3) of the Act, furnishing of Bank guarantee cannot be accepted. 15. Both Mr. Rafique-ul Haq and Dr. M Zahir have drawn our attention to section 7, sub-section (3) of the aforesaid Act where in clause (অ) it is provided that if half of the decretal amount is deposited in Court by bank securi..Category: Civil Law | Date: | Hits: 87
Amora Holding Inc. Vs. Bangladesh, 1998, 27 CLC (HCD)
....strued accordingly.” After interpreting relevant provisions of Customs Act, 1969, the Karachi High Court held as follows: “The Additional Advocate General on behalf of the State argued that clause (s) of section 2 contemplates not two but three kinds of goods, namely; (i) The goods expo..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....) and 22(2) and admittedly the applicant did not file his returns under section 22(1) and 22(2) and, as such, comes within the exception of sub-section (2) for which no time limit is provided for and clause (g) of proviso (1) is not applicable to the applicant. The learned Deputy Attorney-General th..Category: Fiscal/Taxation Law | Date: | Hits: 96
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....inst US dollar over the period disbursement. The foreign currency loan was given from Saudi Grant-II. The loan agreement was ultimately executed between the plaintiff and BSRS on 6.2.83. In view of clause V of Article 1 of the Loan Agreement, it was settled that plaintiff shall pay interest on the..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....f jurisdiction of the Civil Court in view of the facts and circumstances of that case considering the language of Section 188. 44. In view of the language used in Rule 19(Gha) with a non-obstante clause the ouster of jurisdiction is manifestly clear in entertaining application under Section 498 ..Category: Criminal Law | Date: | Hits: 100
Sumikin Bussan Corporation Vs. Chittagong Port Authority and Others, 2001, 30 CLC (HCD)
....minary examination of technical bids: The Purchaser will examine the technical bids preliminary to determine whether they are complete, whether the bidder is capable of performing the contract as per clauses 15 & 16 and the offered goods are eligible as per clauses 15 & 17, whether required ..Category: Others | Date: | Hits: 153
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....the convict from the date of his conviction and sentence. Because their Lordships held the view that such a construction will mean extending the period of disqualification prescribed in the aforesaid clause. 22. In the aforecited case, their Lordships of the High Court not only disapproved the id..Category: Constitutional Law | Date: | Hits: 202
Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....gned order for restoration of possession observed that the petitioner entered into an agreement on 6-1-1983 in respect of 0.33 acre of land of Dhakhin Khan Mouza, that there has been disfiguration in clauses ‘ga’ and ‘ja’ of the solenama filed on 3 1-10-1996, which has been done for grabbing..Category: Property Law | Date: | Hits: 82
Ibrahim (Md.) Vs. State, 2000, 29 CLC (HCD)
....e record to the learned Sessions Judge Bagerhat in accordance with the provisions of section 205C of the Code of Criminal Procedure. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 533. ..Category: Criminal Law | Date: | Hits: 39
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....on or Bangladesh Food and Sugar Industries Corporation which are brought into existence under the provisions of President’s Order No. 27 of 1972. 19. In defining expression in the interpretation clauses one of the two words ‘means’ or ‘includes’ is generally employed to define the scope..Category: Fiscal/Taxation Law | Date: | Hits: 86