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Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).

....portunity of being heard by impleading it as a party to the suit. 6. We have considered the submissions of the learned Counsel and gone through the impugned judgement and order. In an ordinary commercial credit transaction normally there are four Parties. The parties are (i) the buy..

Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169

Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)

.... in dealing with public property in clear violation of legal mandates and public policies. The petitioners claim that as conscious citizens of this country, they are duty bound to invoke the extra-ordinary jurisdiction of this Court, under the Constitution, to compel the respondent Nos. 1, 2 and..

Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....f the exceptions to the offence. (xiii) That it is true that judicial acts of Judges are not above criticism. The members of the public may, in good faith, criticise judicial acts. This is their ordinary right of criticism, but this right must be genuinely exercised and not in pursuance of an i..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Chowdhury Mahmood Hasan and others Vs. Bangladesh and others, 2002, 31 CLC (HCD)

..... 1, 2 and 3 in dealing with public property in clear violation of legal mandates and public policies. So, as conscious citizens of this country, the petitioners thought it a duly to invoke the extra-ordinary jurisdiction of this Court under the Constitution in an attempt to oblige the respondent No..

Category: Information Technology Law | Date: 27 Mar, 2002 | Hits: 7

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

..... In that case a Division Bench of this Court held that “no child is to be charged with or tried for any offence together with an adult. The Child must be tried in the Juvenile Court and not in the ordinary Court. In the case of Shiplu and another Vs. The State reported in 49 DLR (HCD)53 it has be..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....e Court sue on their behalf. 14. The object with which this provision was enacted is to facilitate decisions on questions in which a larger body of persons are interested without recourse to the ordinary procedure where each individual has to maintain action by separate suit. The principle is t..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....d have inquired of the victim as to manner of the incident and of receiving of burning injury by their sister and daughter respectively. But for reasons best known to them they have not behaved as an ordinary human being would have behaved in such situation. Instead thereof P.W.1 has said that he fo..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115

Parveen and another Vs. State, 1999, 18 CLC (HCD)

....র থাকিবে।” We may quote the following passage from Bindra’s Interpretation of Statutes, 7th edition, page 1093: “The non-obstante clause must be given its natural and ordinary meaning. The word “notwithstanding” must be given its full effect, and it is not a soun..

Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143

State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)

.... The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disc..

Category: Criminal Law | Date: 25 May, 1999 | Hits: 79

Fazlur Rahman and Co. (Pvt.) Ltd. Vs. Agrani Bank and others, 1999, 28 CLC (HCD)

....but a business like any other business aim of which is to earn profit. In the case of Sharping Matshayajibi Samabay Samity Vs. Bangladesh reported in 39 DLR 78, a distinction has been made between an ordinary contract and a contract in exercise of statutory or sovereign power of the State. Banking b..

Category: Banking Law | Date: 28 Apr, 1999 | Hits: 500

Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,

....ity and high authority and though followed for a considerable period.” And what is this law in the Quran? The learned Judges say—As we find it to mean by giving a literal construction and ordinary meaning to its words and phrases in as much the same way as we interpret an ordinary statue..

Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262

Dipak Kumar Roy @ Kazal Vs. State, 1998, 28 CLC (HCD)

....he definition of "dowry" has been imported in the Ain with addition "unless it is repugnant to the subject or context" the word "dowry" under section 11 of the Ain shall have "to be understood in its ordinary meaning" and fresh demand of dowry after marriage would be an offence. 5. In the FIR t..

Category: Women and Children | Date: 7 Jun, 1998 | Hits: 76

Bangladesh Moktijoddah Kalyan Trust rep. by MD Vs. Kamal Trading Agency & others. 1997, 26 CLC (AD)

....or just to see the credibility of the contractor/tenderer to perform the work but this being a sale on private negotiations we are to consider what is the meaning of earnest money as understood in an ordinary contract of sale. The earnest money deposited is not only a part payment, but it also binds..

Category: Contract Law | Date: 6 Nov, 1997 | Hits: 292

Md. Khalilur Rahman Vs. The State, 1977, 6 CLC (HCD)

.... A. T. Mridha. (1974) 26 DLR (SC) 17. Mr. Wahab has relied upon this decision for two purposes, first, that an order passed by the Sub-Divisional Magistrate in a proceeding which is not triable by an ordinary Court and is merely administrative, secondly, for the purpose that a proceeding cannot be q..

Category: Criminal Law | Date: 12 Aug, 1997 | Hits: 2

Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)

....tract Act. But the second part is not so covered, inasmuch as it has the effect of “absolutely restricting” enforcement of a party’s right under a contract “by usual legal proceeding in the ordinary tribunal” and, accordingly, void to that extent. 6. To understand the true impo..

Category: Contract Law | Date: 8 May, 1997 | Hits: 267

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....le living in the country violating the fundamental right of right to life. If right to life under Articles 31 and 32 of the Constitution means right to protection of health and normal longevity of an ordinary human being endangered by the use or possibility of use of any contaminated foods, etc. the..

Category: Health Law | Date: 1 Jul, 1996 | Hits: 272

Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)

....blic interest calls for it. The balance is struck by government wisdom overseen by judicial review. We speak not of emergency situations nor of constitutionally sanctified special prescription but of ordinary times and of ordinary laws.” 31. We have gone through the aforesaid case and it appear..

Category: Others | Date: 16 Aug, 1994 | Hits: 134

Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)

....ct and submits that provisions of the Act is complementary and not derogatory to other laws and, as such, section 3 if read with section 5(4) and 5(5) of the Act will show that Artha Rin Adalat is an ordinary civil Court as contemplated in the Civil Procedure Code and the Civil Procedure Code is app..

Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191

Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)

....follow the provisions of the Code of Civil Procedure in so far as these are not contrary to the provisions of the Act. The Artha Rin Adalat is a special forum of limited jurisdiction and it is not an ordinary Civil Court. It is a well-settled proposition of law that the right to review is a sub..

Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1

Government of Bangladesh, represented by the Chairman, Bangladesh Railway Board Vs. Commerce Bank Ltd. and Ors, 1994, 23 CLC (HCD)

.... to it by a party is similar to the liability of a bailee. The Railway carries goods delivered to it by a party under a contract and is bound to take such care of the goods as is required of a man of ordinary prudence. It can limit its liability only by entering into special contract with the p..

Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3