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Category: Constitutional Law | Date: | Hits: 482
Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)
....ion 58 of the Transfer of Property Act and has argued that the respondent No.1 was a mortgagor and as a decree has already been passed against him for foreclosure, he is a defaulter within meaning of clause (a) of 2nd proviso to Article 12 of the Representation of the People Order, 1972. He has poin..Category: Election Law | Date: | Hits: 88
Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....of detention cannot be said to be invalid on the ground as argued by M Islam. 5. Mr. Islam also argued that the materials recovered and seized at the time of his arrest may come within the omitted clause (g) of section 2 of the Special Powers Act, 1974 but after omission of that clause (g), posse..Category: Constitutional Law | Date: | Hits: 195
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....overted the contention made in the petition by filing counter-affidavit stating, inter alia, that the petition of complaint has been filed within the statutory period of six months in accordance with clause (a) of section 138 of the Negotiable Instruments Act of 1881, and hence petition of complaint..Category: Criminal Law | Date: | Hits: 62
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....ation or Bangladesh, Food and Sugar Industries Corporation which are brought into existence under the provisions of President’s Order 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: 94
Hossain Vs. Customs, Excise and VAT Appellate Tribunal and others, 2001, 30 CLC (HCD)
....fiscation of the goods. Any Tribunal or authority while exercising its power under any statute and applying the penal provision of that statute in inflicting penalty, it must not ignore the exemption clause of that statute, if that is attracted in view of the facts established. Therefore, our conclu..Category: Fiscal/Taxation Law | Date: | Hits: 70
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ..Category: Others | Date: | Hits: 72
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....g of Presidential Order No. 16 of 1972 is declared to be so, or in case of judicial or quasi-judicial act which is Coram-non judice, the use of the expression "purported exercise" in the validating clause of Fifth Amendment of the Constitution cannot give such act the protection from challenge, ..Category: Property Law | Date: | Hits: 36
Category: Fiscal/Taxation Law | Date: | Hits: 65
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....eetings of the Thana Development and Co-ordination Committee, in violation of the laws and rules laid down for the purpose of local administration is unlawful, malafide and motivated. By referring to clause 4 of Annexure-A, Mr. Ahmed argued that it is mandatory upon the Thana Nirbahi Officer to invi..Category: Administrative Law | Date: | Hits: 462
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ..Category: Criminal Law | Date: | Hits: 43
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....clear intention in section 60(3) that so far pending cases are concerned the provision enunciated under Ain, 2003, are to be made applicable. In other words, the Ain, 2003 did not conceive any saving clause in order to make the-earlier repealed Ain applicable for the pending cases to be disposed of ..Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....t be termed as principal loan amount. Moreover, if the said view is kept in hand then it goes to contradict section 2(ga)(4) of the Ain. In consequence, the provision of law supersedes the definition clause as such the same goes. Accordingly, it is to be construed that capital amount cannot includ..Category: Others | Date: | Hits: 104
Aziz Hasan and others Vs. Bangladesh, 2007, 36 CLC (HCD)
.... is nothing to suggest that it excluded the operation of section 25 A of the Customs Act. …………… …… ……. …….. at the relevant time the section contained non-obstante clause like, "Notwithstanding anything contained in any other section of this Act" which means that ..Category: Fiscal/Taxation Law | Date: | Hits: 64
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....s giving the same evidence many times over in different trials, and to join in one trial those offences with regard to which the evidence would overlap. This section is an enabling provision and this clause (d) enables a plurality of offence to be dealt with in the same trial. In these cases, the da..Category: Criminal Law | Date: | Hits: 90
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....Court and, as such, it cannot be said that merely because execution cases are pending Bankruptcy Court cannot entertain a Bankruptcy Suit against the judgment debtors. He further submitted that under clause (c) of sub-section (1) of section 12 of the said Act a Bankruptcy case is to be filed within ..Category: Civil Law | Date: | Hits: 78
Category: Labour and Industrial Law | Date: | Hits: 109
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....e appellant is entitled to deduction of the entire period in custody from his sentence of imprisonment as provided under amended section 35A of the Code of Criminal Procedure, which is a beneficial clause, and such deduction is available to convicts of all criminal cases including the appellant as..Category: Criminal Law | Date: | Hits: 43
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....income tax and supplementary duty as explained were excluded from drawback. But IDSC is neither mentioned nor excluded. 20. The submissions of the learned Advocates was mainly focused upon the clause, "অন্যান্য সকল প্রকার শুল্ক বা কর" In vie..Category: Fiscal/Taxation Law | Date: | Hits: 93