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Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....ng already constructed thereon will be executed and registered in favour of the transferee mentioning the consideration amount of Tk. 9,00,000.00 and (iii) in the said registered deed of transfer a clause to be included to the effect that the transferee will abide by all the terms and conditions..Category: Property Law | Date: | Hits: 110
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....er a plaint is to be returned for presentation before an appropriate forum. When the Court rejects or refuses to reject a plaint it does so in exercise of the jurisdiction vested in it. Even where clause (d) is invoked on the ground that the suit is barred by law the Court is entitled to examine..Category: Business or Commercial Law | Date: | Hits: 124
Shamsuddin Ahmed, Advocate Vs. People's Republic of Bangladesh, 1992, 21 CLC (AD)
....es before the Appellate Division. Secondly, under Article 6 A(5) of this Order "all records and registers of the Supreme Court of Pakistan relating to appeals and petitions, transferred under clause (2) to the Appellate Division," shall stand transferred to the High Court of Banglades..Category: Others | Date: | Hits: 92
Category: Property Law | Date: | Hits: 68
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....sed by the High Court Division Dhaka in Writ Petition No. 773 of 1989). Judgment MH Rahman J.- These three certificated appeals call for determination of a common question whether in view of clause (5) of Article 102 of the Constitution a writ petition is maintainable against the judgment a..Category: Administrative Law | Date: | Hits: 203
Dr. Ahmed Hussain Vs. Bangladesh and others, 1992, 21 CLC (AD)
....on (Tenth Amendment) Act, 1990 (Act No. 38 of 1990) in Writ Petition No. 2306 of 1990 before the High Court Division. In the Constitution of the People's Republic of Bangladesh, in Article 65, for clause (3) the following was substituted by the impugned amendment: "(3) Until the ..Category: Constitutional Law | Date: | Hits: 191
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
.... name of plaintiff No. 1 could not give rise to the making of the release and that is why the story of benami auction purchase was introduced. 5. The term 'transfer' is defined in following clause (e) of section 2 of that Act: (e) "transfer" means transfer by priva..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ly vague and not sustainable in law. I, for myself, could not lay my hands on any specific condition other than those mentioned above. It may be pointed out here, that Import Policy Order, 1989‑91, clause 18(4), speaks of release of goods detained by the Customs Authority. This clause speaks that ..Category: Business or Commercial Law | Date: | Hits: 130
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....ch the civil Court may exercise in a suit, but are in no sense necessary for deciding an industrial dispute. This view is strengthened if we compare the enumerated powers of the Labour Court given in clauses (a), (b), (c) and (d) of sub‑section (2) of section 36 with corresponding wider powers of ..Category: Labour and Industrial Law | Date: | Hits: 103
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....iction it could not be ascertained whether it reached finality in review under Paragraph 4(2) of Martial Law Regulations No. 1 of 1975 or by the Government after the withdrawal of Martial Law under clause (e) of the Proclamation. The respondents have challenged this new plea, neither raised befo..Category: Constitutional Law | Date: | Hits: 365
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....es not include any servant or hired labourer. 5. Other provisions of this section are not relevant for our purpose excepting those relating to wakf. They have been set out in sub-section (5) clauses (c) and (c)(ii), The interpretation of the sub-clauses require a closer study and may be s..Category: Others | Date: | Hits: 142
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....1966 (SC) 1742. In the former case it has been held that section 423 (1) (b) is clearly confined to cases of appeals preferred against order of conviction and sentence. The powers conferred by this clause cannot be exercised for the purpose of reversing an order of acquittal passed in favour of ..Category: Criminal Law | Date: | Hits: 57
Sirajuddin alias Siraj Vs. The State, 1976, 5 CLC (AD)
.... ingredient of the offence under section 457 P.C. has failed. Mr. Behatar Ali says it has, Mr. Rouf demurs. We think rival contentions can be resolved on ascertaining the true meaning of the clause: "if the offence intended to be committed is theft", in section 457 of the Penal C..Category: Criminal Law | Date: | Hits: 74
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
....ppearance of a defendant is not strictly an adjudication in respect of any of the rights in controversy between the parties and does not come within the substantive provision of the definition clause as incorporated in section 2(2) of the Code, but it is a decree in view of the inclusive pr..Category: Procedural Law | Date: | Hits: 99
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
.... employed multiple system in the definition. It has first defined with denotation and connotation the words 'abandoned property' and then has employed an inclusive definition, and then an exclusion clause. It has also added an explanation. Interpretation of the definition of clause no doubt create..Category: Business or Commercial Law | Date: | Hits: 129
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....l encumbrances which may have been created after the date of transfer, in the co-sharer tenant, or the contiguous owner, as the case may be, whose application to purchase has been allowed and under clause (c) of the said sub-section the court may place the pre-emptor in possession of the propert..Category: Property Law | Date: | Hits: 77
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....ession of a property by appointing a receiver in the case of the "person whom any party to the suit has not a present right so to remove" is a kind of limitation on the Court's power as embodied in clause (b) of sub-rules (1). This sub-rule gave rise, in the past, to a judicial controversy, as t..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....been duly elected to the office. In such a case tie election as a whole is not set aside and there A no necessity for holding a fresh poll for the purpose of an election to the disputed office, under clause (b) of rule 60 the election may be challenged to have been bad as a whole in which case fresh..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
.... in the case Gajraj Sheo Karan Das Vs. Sir Hukumcband Sarupchand and another, A.I.R. 1939 Bom. 90 that such a security deposit was neither a debt nor a moveable property within the meaning of clauses (a) and (c) of sub-rule (1) of Order 21 rule 46 of the Code and as such was not attachable...Category: Civil Law | Date: | Hits: 103