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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)

.... mere technicality then a lot of payee or beneficiary of the cheques and the financial institutions and the Bank will be at the verge of ruination and the resultant havoc in the transactions, done in ordinary course since long, based on cheques are bound to erode the prevailing practices. If th..

Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23

Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

....uit. He argues that if the provisions of section 6(5) of the Ain, 2003 is read concurrently with the provisions of the Order I, rules 3 & 10 of the CPC, any one with ordinary prudence would come to a conclusion that the petitioner is neither a necessary nor a proper..

Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4

Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)

....tly the Petitioner came to know that the disputed property has been enlisted as Abandoned Property at serial No. 615 in the "Kha" list vide SRO 364-L/86-1985 published in the Gazette (Extra-ordinary) on 23-9-1986. Then the Petitioner filed a Case under Section 7(1) of the Ordinan..

Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5

Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

....s to costs. Send down the record of the Court of Settlement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

....o death. And, in these circumstances, now does the fact that the accused was under a sentence of life imprisonment when he committed the murder, justify the law that he must be sentenced to death? In ordinary life, we will not say it about law. It is not reasonable to add insult to injury. But, apar..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....o death. And, in these circumstances, now does the fact that the accused was under a sentence of life imprisonment when he committed the murder, justify the law that he must be sentenced to death? In ordinary life, we will not say it about law. It is not reasonable to add insult to injury. But, apar..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7

Muhammad Kamaruzzaman Vs. The Government of Bangladesh, 2015, 44 CLC (AD)

....statute excludes death sentence, its tribunal stated in Prosecutor Vs. Laurent Semanza (Case no ICTR (7-20-T) that Rwanda Organic Law indicates that even for genocide and Crimes against Humanity, the ordinary penal code sentences shall apply with certain modifications, which include heightened penal..

Category: Criminal Law, International Crimes Tribunal Law | Date: 5 Apr, 2015 | Hits: 60

Nurul Huda (Md.) Vs. State, represented by the DC, Lalmonirhat, 2015, 44 CLC (AD)

....r dislocation of a bone or tooth. Eighthly.— Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits." 26. The evidence of the P.W.s discussed here­inbefore do not at al..

Category: Criminal Law, Women and Children | Date: 8 Mar, 2015 | Hits: 18

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....ndents Judgment    March 2, 2015. Result: The Rule is made absolute. In the absence of any substantial and concrete materials on record it is difficult for a man of ordinary prudence to place his reliance, in this case on annexure-'3' so far as it relates t..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Oxinel Services Pte. Ltd Vs. SOM Kalimullah, MD, Bangla¬desh Telecommunication Com¬pany Limited (BTCL) and others, 2014, 43 CLC (HCD)

....vision and the High Court Division, being the court of records, as embodied under Article 108 of the Constitution of the People's Republic of Bangladesh, cannot be restricted and trammeled by any ordinary legislation including the Contempt of Courts Act [even if enacted] and their inherent power..

Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10

Latifur Rahman, Son of late Khan Bahadur Muzibur Rahman, 52, Motijheel Commercial Area Police Station Motijheel, Dhaka Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....ebenture-stock, where the holder of the share or debenture is not entitled in the event of liquidation to participate in the surplus assets; (ii) any advance or loan made to a shareholder in the ordinary course of its business, where the lending of money is a substantial part of the business of..

Category: Fiscal/Taxation Law | Date: 17 Sep, 2014 | Hits: 0

Latifur Rahman, Son of late Khan Bahadur Muzibur Rahman Vs. The Commissioner of Taxes, Large Tax-payers Unit (LTU), 2014, 43 CLC (HCD)

....ebenture-stock, where the holder of the share or debenture is not entitled in the event of liquidation to participate in the surplus assets; (ii) any advance or loan made to a shareholder in the ordinary course of its business, where the lending of money is a substantial part of the business of..

Category: Fiscal/Taxation Law | Date: 17 Sep, 2014 | Hits: 8

Latifur Rahman Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)

....ebenture-stock, where the holder of the share or debenture is not entitled in the event of liquidation to participate in the surplus assets; (ii) any advance or loan made to a shareholder in the ordinary course of its business, where the lending of money is a substantial part of the business of..

Category: Fiscal/Taxation Law | Date: 17 Sep, 2014 | Hits: 17

Aynul Haque (Md.) Vs. Government of Bangladesh, Dhaka, 2014, 43 CLC (HCD)

.... is amenable or not it is to say that in the very nature of things it would be difficult, nearing almost an impossibili­ty to subject such exercise undertaken by the Full court expect in an extra ordinary case when the Court is convinced that some real injustice, which ought not to have taken pl..

Category: Administrative Law | Date: 19 May, 2014 | Hits: 3

Chittagong Steel Mills Ltd and another Vs. MEC, Dhaka & others, 2014, 43 CLC (AD)

....under sec­tion 39(vi) of the Arbitration Act, 1940 against the order of the 5th Subordinate Judge passed in Title Suit No. 183 of 1995 refusing to set-aside the award in question, which is not an ordinary appeal under the Code of Civil Procedure and, therefore, the Cross Appeal No.5/2001 filed b..

Category: Civil Law | Date: 23 Apr, 2014 | Hits: 10

Ekramul Haque Balbul Vs. Md. Faiz and others, 2014, 43 CLC (AD)

....han Vs. Mahmudur Rahman reported in 63 DLR (AD) 29, SK Sinha, J quoted Cornelius CJ in Sir Edward Snelson Vs. Judges, High Court of West Pakistan, Lahore 16 DLR (AD) 535, as follows: "In an ordinary case of libel, it is a com­plete defence that the defamatory imputation is true, but it..

Category: Constitutional Law, Contempt of Court Law | Date: 11 Mar, 2014 | Hits: 16

Hafiz Ahmed Mazumder Vs. Pubali Bank Limited, 2014, 43 CLC (HCD)

....nsidered as independent directors and accordingly the condition to hold 2% minimum shares in the paid up capital of the bank was not applicable on them, i.e. (i) to directors elected from amongst the ordinary shareholders, (ii) to directors nominated from amongst the bank's depositors and (iii) ..

Category: Banking Law, Corporate Law | Date: 25 Feb, 2014 | Hits: 9

Durnity Daman Commission and another Vs. Dr. Khandaker Mosharraf Hossain and another, 2014, 43 CLC (AD)

....: The petition for Leave to Appeal is dis­posed of. The Code of Criminal Procedure, 1898 (V of 1898); section 498 Anticipatory bail Anticipatory bail is obviously an extra­ordinary measure in that ordinarily an accused is required to pray bail from the lowest ladder of th..

Category: Anti-Corruption Laws, Criminal Law, Procedural Law | Date: 24 Feb, 2014 | Hits: 52

S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)

....essi­ty, to be gathered from the words used by the Legislature itself. If those words are so clear and unmistakable that they cannot be given any meaning other than that which they carry in their ordinary grammatical sense, then the Courts are not concerned with the conse­quences of the inte..

Category: Property Law | Date: 16 Feb, 2014 | Hits: 19