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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....ce in special circumstances in order to satisfy itself that substantial and grave injustice has been done to the accused. Though the expression “discretionary” has not been used in this clause of the Article as has been used in the corresponding Indian provision, (Article 136) but in..Category: Criminal Law | Date: | Hits: 291
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....found that the appellants having received the loan sanctioned in favour of Tapashee under a legal arrangement (tripartite agreement) they must be said to have fallen within the meaning of the clause "any person liable for payment of that loan" and that Article 33 could be invoked ..Category: Business or Commercial Law | Date: | Hits: 311
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....e for a further term after the expiration of his original term or as a permanent judge. The only right he has (is) to be considered for such appointment and this right also belongs to him not because clause (1) of article 224 confers such right upon him, but because of the peculiar manner in which c..Category: Constitutional Law | Date: | Hits: 251
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ..Category: Business or Commercial Law | Date: | Hits: 199
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)
....Tk. 2,50,000/- with effect from 01.05.2002 for three years subject to the condition that the period of tenancy might be extended from time to time with an enhancement of rent at the rate of 7%. In clause 13 of the agreement, it is further stipulated that both parties are empowered to termin..Category: Business or Commercial Law | Date: | Hits: 169
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
....nt Professor as proposed by the Principal. The promotion proposed to be given to 9 teachers to the post of Assistant Professor was recommended complying with all the provision laid at down in clause 9 of sub-clause (4) of the guidelines published on 24th October, 1995. In order to get prom..Category: Employment/Service Law | Date: | Hits: 57
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....was based upon a partial view of the law (as declared in Mujibur Rahman's case) and ignoring the other decisions extending the writ jurisdiction of the High Court Division inspite of an ouster clause. 11. The High Court Division having held that the decision of the two-member Tribunal..Category: Administrative Law | Date: | Hits: 110
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
....petitioner but the facts remain that no positive result reached to the opposite party. Although at this stage the argument made by the learned Advocate has got no leg to sand in view of clause (a) to section 138 where in it is clearly mentioned that "Six months from the date o..Category: Criminal Law | Date: | Hits: 42
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
.... of the appellant no material has been placed before the Court from the side of the respondent No. 2. 12. As per Provision of section 195(1) no court shall take cognizance of offence as in clause (c) which reads: "(c) of an offence described in section 463 or punisha..Category: Criminal Law | Date: | Hits: 50
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....rance of the respondent No.1 could not be an excuse. He further submits that the High Court Division did not consider the preliminary list Annexure-d (1) dated 30-10-2003 shows that it contained a clause inviting objection on the ground whether the allottee has any residential plot within t..Category: Property Law | Date: | Hits: 28
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....of the Government, particularly of the revenue agency. 17. Mr. Amir-ul-Islam, learned Counsel for the respondent No.2 upon referring to the provisions of sub-section 3 of Section 5 of the Act and clause (c) of Sub Rule (4) of the Rule 6 of the Rules has submitted that by the order dated 19th N..Category: Civil Law | Date: | Hits: 128
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... case. 11. A pertinent question now comes up. Is the respondent entitled to reinstatement in service under the BADC Disciplinary case procedures, 1977 under which he was dismissed? Sub-clauses (4) and (6) of clause 11 are relevant for the purpose of seeing how they apply to the facts..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
.... Let us now consider whether a cooperative society when its affairs are managed by an appointed Ad hoc committee does qualify itself to be a 'local authority' within the meaning of clause (2) of Article 102 of the Constitution. 17. Article 102 (2) does not define what is a ..Category: Others | Date: | Hits: 224
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
.... 10. Admittedly the suit property was leased out to defendant No. 1 M/s. James Finlay and Company Limited by Motwill Nawab Khawja Habibullah Bahadur for a period of 5 years on 1.3.1952 with a renewal clause. Admittedly the land which was leased out to defendant No. 1 was a vacant non-Agricultural la..Category: Tenancy Law | Date: | Hits: 149
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
..... Hasib Khan, was not known after liberation of the country and he also failed to occupy, supervise and manage the property in person and as such it was an abandoned property as contemplated under clause (1) of Article 7 of the President Order No. 16 of 1972 and vested in the Government. The Cou..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....ing interests of all rent receivers and the other under sub-section (2) of the said section acquiring all khas lands of these rent receivers, except those retainable by them under sub-section (2), clauses (a) and (b) of section 20 the Act, both effective from 14 April 1956. The plaintiff challen..Category: Property Law | Date: | Hits: 43
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....sport having been impounded under the provision of said Order, the order is not violative of Article 31 of the 36 of the Constitution inasmuch as the order was passed in exercise of the power under clause (c) of Sub-Article (2) of Article 7 of the Bangladesh Passport Order, 1973 in the interest of..Category: Constitutional Law | Date: | Hits: 208