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Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... occupied or managed by a person, where such allotment, lease or agreement has been granted or entered into after the 25th day of March, 1971. (2) Where by reason of any action taken under clause (1) any person has ceased to be entitled to possession of any abandoned property he shall, ..Category: Property Law | Date: | Hits: 38
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....inant (if any); (e) the name, parentage and residence of the accused; (f) the offence complained of and the offence (if any) proved, and in case coming under clause (d), clause (e), clause (f) or clause (g) of sub-section (1) of section 260 the value of t..Category: Criminal Law | Date: | Hits: 41
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....as entered into between the Government of Bangladesh and defendant-respondent No. 1. Under this agreement the aforesaid vessels belonging to defendant No. 1 started operation in Bangladesh. A clause in the agreement provided that the owners of the vessels were to give a guarantee to defenda..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ..Category: Property Law | Date: | Hits: 28
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....ion of the accused is called charge sheet while the recommendation by the police for release of the accused is called final report. The Code of Criminal Procedure, 1898 (V of 1898), Section 190, clauses (a) and (b) A Magistrate is not bound to accept the police final report and discharge th..Category: Criminal Law | Date: | Hits: 79
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....re Code, 1908 (V of 1908), Section 48 (1) (a) (b) The Limitation Act, 1908 (XI of 1908), Article 182 Twelve years is the highest period of limitation for execution of a decree under clause (a) and (b) of section 48(1) of the Code of Civil Procedure. The decree must be kept alive b..Category: Civil Law | Date: | Hits: 107
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....there was no authority left in the Government to defeat the right of the appellants by retracting the steps already taken. The learned Judges, however, disagreed with the submission and referred to clause 12 of the deed of settlement which provides as follows: " 12. It shall be..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
................................. (e) any enactment relating to patni-tenures in so far as it relates to those tenures, except that- (i) the provisions of section 67 and of clause (i) of sub-section (1) of section 178 shall apply to all patni‑tenures, and ..Category: Property Law | Date: | Hits: 28
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....rd. This court in exercise of its jurisdiction under section 439 Cr.P.C. cannot make a reappraisal of the evidence on record and convict the accused, as already stated, in view of the provisions of clause 4 of section 439 Cr.P.C." 10. The last proposition as above is wholly correct and does no..Category: Criminal Law | Date: | Hits: 53
Abdul Hai Khan & ors Vs. The state & anr, 1988, 17 CLC (AD)
....ntion of the Legislature, then the rule of literal construction may be departed from and language of the statute may be modified, if necessary, by addition or alteration of some words. In the case of clause (c) of section 195, it is capable of both the constructions as discussed above and as such it..Category: Criminal Law | Date: | Hits: 63
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
.... therein. These proceedings were drawn under the Rules of 1976 and were pending when the Rules of 1984 came into force. In the provisions for automatic disposal under the Rules of 1984 the qualifying clause "as far as may be" was inserted obviously because in the previous Rules there was no such pro..Category: Employment/Service Law | Date: | Hits: 112
Bandez Ali Vs. The State, 1988, 17 CLC (AD)
....the head, caused by a lathi in the course of a sudden quarrel is the cause of death of Wayezuddin. This injury is not found to have been caused with the intention of causing the death and as such clause (a) of section 300 is not applicable to the case. As to clause (b) of section 300, obviously ..Category: Criminal Law | Date: | Hits: 67
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....t be argued that the learned Sessions Judge was not permitted by law to do what he did. The learned Sessions Judge was given power under section 439A Cr.P.C. 10. Next, could the appellant invoke clause (ii) "declaring that any act done, has been done or taken without lawful authority and is of ..Category: Constitutional Law | Date: | Hits: 174
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....manner contrary to public interest." Then the Government can supersede the Paurashava whereupon the Chairman and Commissioner shall cease to hold their office. In this case the Government acted under clause (b), namely, the Pourshava is unable to administer its affairs or meet its financial obligati..Category: Election Law | Date: | Hits: 118
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....." Then the definition was fully considered and it was observed: "In our opinion the legislative authority while defining 'abandoned property' has used a complex sentence containing a principal clause, and two subordinate clauses. The two subordinate clauses on the principal clause, though the..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....s provided for in section 19, unless the tenant has deposited such rent or any subsequent. rent in respect of such premises as provided in that section together with, in the case mentioned in clause (b) of sub-section(I) of that section, the cost of transmission referred to in that claus..Category: Tenancy Law | Date: | Hits: 112
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....ity, which determines whether he is a worker or employer. Even if it is taken that he has supervisory function, still mere supervisory capacity will not bring him into the category of "employer". Sub-clause (ii) of clause (v) of section 2 of the Act shows that a person, who being employed in a super..Category: Labour and Industrial Law | Date: | Hits: 122
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....ed instead in temporary hibernation so to say during the continuance of the emergency (para 20). It was concluded that - "subsisting interest of the enemy owner is high lighted by the provision of clause (iv) of paragraph 3 which authorised the Custodian concerned to incur expenditure for the mai..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....mant. Had the bill been scrutinized payment was yet to be made, than probably it could have been made out to say that he got no more any pecuniary interest in the matter. Reading the disqualification clause in section 6 as a whole we are of the view that the pecuniary interest as referred to is an i..Category: Election Law | Date: | Hits: 132
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....esumption against an implied repeal. Upon the assumption that the legislature enacts laws with a complete knowledge of all existing laws pertaining to the same subject, the failure to add a repealing clause indicates that the intent was not to repeal existing legislation. This presumption will be ..Category: Procedural Law | Date: | Hits: 124