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Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
....nd so revisable under section 115 of the Code of Civil Procedure. The two questions set out above are interdependent and it is convenient that they are discussed together. 2. The two relevant clauses of the Trust deed, that is, clauses 23 and 36 may first be referred to: “২৩ মে..Category: Trust/Waqf Law | Date: | Hits: 185
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....Commodore M H. Khan P.S.N.B.N and Chief of Air Staff Air Vice Martial M G Tawah S.J. RT PSA. BAF as Deputy Chief Martial law Administrators and declare that…” Then follow clauses (a) and (b) which are as follows- (a) Martial Law Regulations and Orders shall ..Category: Constitutional Law | Date: | Hits: 307
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
.... Additional Attorney-General who brought that decision to our notice on his own referred to Article 44(1) of the Constitution that guarantees the right to move the High Court in accordance with clause (1) of Article 102 for the enforcement of the rights conferred by Part III of the Constitut..Category: Constitutional Law | Date: | Hits: 133
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....n of the Chief Justice at the time of hearing through the Attorney-General. 6. At the hearing of the leave petition the learned Attorney-General for Bangladesh submitted with reference to clause (3) of Article 48 of the Constitution that under the Constitutional scheme the appointm..Category: Constitutional Law | Date: | Hits: 124
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
.... Md. Zahangir Alam & others .................Respondents Judgment January 21, 2008. Negotiation of sale price by Court: The Government having the right under clause 9 of the Tender Notice to accept or reject the bid in part, accepted the writ petitioner&rsq..Category: Others | Date: | Hits: 88
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....uo moto and taking note of the news appearing in daily newspapers summarized chapter VIII of the Penal Code and then interpreted Section 141 of the Code by holding that according to the fifth clause of Section 141 of the Penal Code a procession or other activities of five or more persons in..Category: Criminal Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....ovision authorises that the Government may by notification published in the official gazette fix tariff value for any import or export for the purpose of levying customs duties and non-substantive clause thereof enables the said authority to exercise the said power inspite of provision for deter..Category: Fiscal/Taxation Law | Date: | Hits: 107
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....issued by the APO No. 1 of 1972. 26. Meanwhile, by a notification published in the Bangladesh Gazette Extraordinary, dated May 18, 1972 vide Notification No. PI/1-1855 dated 17-5-1972, pursuant to clause 1 of Article 10 of Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (Preside..Category: Business or Commercial Law | Date: | Hits: 114
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....the words mentioned in the letter of intent that "in case of a conflict between the terms of the Tender document and Ministry of LGRD decision, the letter will take precedence" clearly shows that the clauses of the Tender Document and the decision of the Ministry had to be sorted out before finali..Category: Others | Date: | Hits: 100
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....eficiency. Keeping this provision in mind, if we turn to the interpretation of S. I67 (9B), we find that the words that require consideration are "such goods" in the penultimate clause of the Sub-section. The words in that clause have been so placed, that by grammatical ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....ng, made in contravention of sub-section (1) shall be null and void. What has been prohibited under section 75 A of the Act is the subletting of any land in one’s khas possession, as given in clause (15) and (16) of section 2 of the Act are relevant for the purpose of construing the above ..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....the concurrent finding of the Sessions Court and the High Court Division I like to add a few words. 23. The High Court Division is normally the last Court of appeal, excepting the cases covered by clause (2) of Article 103 of the Constitution. In other matters appeal will lie to the Appellate D..Category: Criminal Law | Date: | Hits: 74
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
.... that respondent No.1 could have obtained the document from the appellant through the Court in execution of the compromise decree even if the plaintiff was reluctant to perform his part as in clause 'ga' of the compromise decree, but the defendant for the reason best known to him did no go ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....cy Rules, 1955. For our purpose Rule 23(4) of the Tenancy Rules, 1955 is relevant and the same runs as "The Revenue Officer shall, either on application or on receipt of a report under clause (j) of sub-rule(1), for the correction of an entry that has been procured by fraud in the r..Category: Property Law | Date: | Hits: 35
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....e Writ petition summarily and special leave was granted by a Bench of the Supreme Court to consider as to whether the appellant must be in occupation of the building in order to get exemption under clause (a) of section 6 of the Act which runs thus: “6. The Urban Immovable Prope..Category: Fiscal/Taxation Law | Date: | Hits: 90
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....ration of business of these two bank was in violation of para-3 and 4 of the council committee decision held on 21.01.1982 vide Annexure-D to the writ petition although there was a rider clause to the effect that these banks should be asked to start operation by 01.03.1982 positively f..Category: Banking Law | Date: | Hits: 124
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....s or charitable institutions under the waqf." And 'stranger to the waqf property' has been defined as: "(9) "stranger to waqf means a person other than a person interested within the meaning of clause (8)". 16. In the background of the aforesaid provisions of the Ordinance it has been submi..Category: Trust/Waqf Law | Date: | Hits: 228
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....icles 33, 34 and 35 of the Order, it will appear that different means have been provided for enforcement of claims and realization of dues of the Bank provided the conditions mentioned in the opening clauses of the respective Articles are satisfied. The management and administration of the industria..Category: Banking Law | Date: | Hits: 117
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
.... not be called in question in or before any court as was originally provided under section 29(3) of the aforesaid Union Parishad Ordinance. On amendment of section 29 appeal has been provided under clause (4) to the District Judge and it has been provided now that the decision of the District Judg..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....ion as to the admissibility of the dying statement cannot be legally accepted as it cannot be disputed that a statement made by a person as to the cause of his death is admissible in evidence under clause (1) of section 32 of the Evidence Act. A dying declaration if reduced to writing may be prove..Category: Criminal Law | Date: | Hits: 44