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AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....erverse. 12. In the case of Indo-Pakistan Corporation Ltd. vs. Chairman and another 21 DLR 285 it is held, "The Exceptions to the definition of the word 'worker' as given in the exception 2 of clause (v) of section 2 of the East Pakistan Employment of Labour (Standing Orders) Act clearly indi..Category: Employment/Service Law | Date: | Hits: 69
Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....a comma before it in order to disjunct other statutory law. To have this view we have relied upon the Oxford English Grammar, published in the year 1996 at page 530 which quotes thus: "If two main clauses are linked by coordinating conjunction, a separating clause is generally used before the c..Category: Civil Law | Date: | Hits: 133
Category: Information Technology Law | Date: | Hits: 171
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....ld be aware of it (CAVEAT EMTOR). He added that one party to a contract cannot unilaterally alter the terms of contract in view of the provision laid down in section 62 of the Contract Act. He refers clause 26 of the lease agreement (Exhibit 3) wherein it has been laid down that in case of default i..Category: Property Law | Date: | Hits: 31
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....th the cases involved offences triable by the Special Tribunal and each of the enactments, namely, the Special Powers Act and the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995, has a non-obstante clause in section 26(1) and section 3 respectively reserving jurisdiction exclusively to the Speci..Category: Criminal Law | Date: | Hits: 167
AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)
....y Company’s shares to the tune of loan amount of Taka 5, 00, 000.00 only. 19. It is admitted that the respondent No. 2 and petitioner made another agreement on 13-11-89 wherein it is provided in clause 3 that the respondent No. 2 shall remain responsible legally to repay the loan. Further, in C..Category: Company Law | Date: | Hits: 239
Category: Civil Law | Date: | Hits: 90
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
.... it liable to have its listing revoked by the Commission under section 9(4) of the Securities and Exchange Ordinance, 1969. It is further submitted that by its refusal the company was in violation of clause (Ga) of the order contained in notification dated 4-6-1992 issued by the Controller of Capita..Category: Company Law | Date: | Hits: 181
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
.... High Court of Indian or Indian High Court, it obviously refers to Rule 2A of Order 18 added in 1927 by the Calcutta High Court) which runs as follows :- "2A. Notwithstanding anything contained in clauses (1) and (2) of rule 2, the court may for sufficient reasons go on with the hearing, although..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....nd Discipline) Statutes, it will be useful to reproduce some of the relevant Statutes herein. Statute 6 is as follows:- "6. (1) When an employee of the University, is to be proceeded against under clauses(a), (b), (c), (d), (f), (g) and (h) of Statute 3 the procedure in the following paragraph sh..Category: Criminal Law | Date: | Hits: 74
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....termined by lot or by auction or by tender or in such other manner as provided for in the agreement shall be entitled to prize amount shall be deemed to be, a financial institution as defined in this clause. 12. This provisions of the Ain was of course subsequently deleted and the new sub-section..Category: Banking Law | Date: | Hits: 136
Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)
....ers that they thought it necessary to confer complete immunity on the legislators from any action in any court in respect of their speeches in the legislative chambers in the wide terms prescribed by clause (2) of Article 105. Thus, clause (1) confers freedom of speech on the le within the legislati..Category: Criminal Law | Date: | Hits: 54
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....of the returned candidate to be void and the petitioner or any other contesting candidate to have been duly elected; or (d) declaring the election as a whole to be void. (2) Save as provided in clause (3) the decision of a Tribunal on an election petition shall be final. (3) Any person aggr..Category: Election Law | Date: | Hits: 159
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....yment, if now we hold that the case cannot be maintained, the complainant cannot file a fresh case because no court will be able to take cognizance as the same case will be beyond time as provided in clause (b) of section 141 of the Act. In such circumstances, we are of the view that the principle l..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....defendant was a defaulter. The trial Court committed illegality in dismissing the suit without any finding as to whether the defendant was a defaulter. He further submits that there being arbitration clause in the agreement and the plaintiff making number of requests for vacating the suit premises b..Category: Tenancy Law | Date: | Hits: 148
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....ous provisions in the Constitution which indicate that the Constitution has not provided something "hands off' attitude. PN Bhagwati, J while concurring with the opinion of SMF Ali, J, opined "the clause(1) of Article 217 provided that the appointment of a High Court judge shall be made after co..Category: Criminal Law | Date: | Hits: 130
Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)
.... community facilities enjoyed by the allottee residents of the sector concerned. Since in both the Rules common question has been raised these are being disposed of by this judgment. 5. Relying on clause 21 of the lease deed of the respective petitioner on the basis of which ease was granted to h..Category: Property Law | Date: | Hits: 55
National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)
.... 2. Opposite party, the contractor, made an application under section 8(2) of the Arbitration Act, 1940, hereinafter referred to as the Act, for appointment of arbitrators for each of parties under clause 50 of the contract. His case, in short, is that the was awarded the contract for construction..Category: Alternative Dispute Resolution | Date: | Hits: 186
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
....s alleged, rather the respondents omitted to send sample of the concerned products as directed by NBR, vide Annexure-E dated 31-7-1997. The grounds for interference made available to the authority in clause (Ka) Gha) of Rule 3(3) as added by SRO No. 99 dated 15-6-1995, cannot be resorted to arbitrar..Category: Fiscal/Taxation Law | Date: | Hits: 91
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....esh.” 15. So, according to provisions quoted above, the first group of petitioners having been in the territories now comprised in Bangladesh they can very well claim citizenship under Article 2 clause (i), if they are not disqualified. Under Article 2B which is quoted below: “2B. (1) Notw..Category: Election Law | Date: | Hits: 94