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Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....etermination of the system of law with which the transaction has the closest and most real connection. 16. Now, a contract may contain more than one selection of law in respect of various contractual components, say, one for mutual rights and obligations, another for arbitration and its......cted absolutely from enforcing his right under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void to that extent. Exception 1—This section shall not render illegal a con..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
.... interfere with the same.
In the result, the Rule is discharged without any order as to costs and the order of stay stands vacated.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 544.
......tan in the case of Province of East Pakistan Vs. Muktagacha Abbasia Senior Madrasha reported in 16 DLR (SC) 281. In that case it has been held:
"Sub‑section (1) of section 20 clearly affects the rights of also a raiyat, a cultivation under raiyat arid even it non‑agriculture tenant and seems ..
Category: Property Law | Date: 5 Aug, 1996 | Hits: 25
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....page 9764(1) from the Gazette notification, 4ated 23rd September, 1986 and not to disturb the peaceful possession of the petitioners. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 547. ......a' list was ex facie void for want of jurisdiction and in violation of Article 42 of the Constitution, the petitioners can come directly to the High Court Division for protection of their fundamental rights. Moreover, it was found that the petitioners had no scope for filing any application before t..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ......usive jurisdiction to entertain, try and dispose of any suit relating to, or arising out of, all or any of the following matters, namely- (a) dissolution of marriage (b) restitution of conjugal rights (c) dower, (d) maintenance, (e) guardianship and custody of children." 20. It is..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)
....on of the transfer, or binds himself by obligations on account of the transfer, the transaction would be void and the transfer may not take effect. But a distinction must be drawn between cases of contractual liability which a minor agrees to undertake, and obligations attached to the holding of......sion of the High Court Division. The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ..Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295
.... authority and are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 378
...... and has a right to protect his interest against any illegal acquisition of his property.
19. Furthermore, the acquisition proceeding taken against the owners has affected the property and other rights of the owners including the petitioner in the acquired land and, as such, it cannot be said t..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ......ther, even if it is proved, cannot be treated as an offence of misconduct or corrupt practice as defined under Regulation 55, as the petitioner being the citizen of the country has the constitutional rights to acquire, hold, transfer or otherwise dispose of the property as defined under Article 42 o..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ...... very wide import and means any state of facts juridically considered. This meaning is wide enough to include a decision on any substantial question in controversy between the parties affecting their rights, even though such order is passed in the course of the trial of the suit. An interlocutory or..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
.... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ......rs and she has cast her vote in the last general election. 10. In the meantime the husband of the alleged victim girl Abdul Khaleque filed the case No. 37 of 1992 for the restitution of conjugal rights in the court of the Senior Assistant Judge and the Family Court of Netrokona. The girl, throu..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 46 DLR (HCD)(1994) 29
......on 3 of the Foreigners Act there is no mention about the communication of the ground of detention as is made in the Special Powers Act. Part-Ill of the Constitution contains the fundamental rights starting from Article 26thereof. Under Article 26(1) of the Constitution all e..
Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......d persons. It is admitted by the learned Advocates of both the parties that at the lime of acquisition of rent receiving interest under the SAT Act field survey operation for preparation of record of rights under the provisions of Sylhet Tenancy Act 1936 in the suit locality was going on and ultimat..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ......d to hold the same view that when a writ application is filed before the High Court Division invoking its extraordinary jurisdiction under Article 102 of the Constitution for enforcement of the Civil rights, it is a civil proceeding. 12. Having come to the conclusion that a writ proceeding is a..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)
....le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71. ...... He further submitted that the mandatory requirements of the Constitution of the Bar Association were not complied with and that the Bar Council failed to take notice of the fact that the fundamental rights of the petitioner as guaranteed by Articles 27 and 40 of the Constitution were..Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5
....life to a pensioner free from want and with decency equivalent to the standard enjoyed by him while he was on service. It is then contended by the contesting respondent that the State had no legal or contractual obligation to undertake the entire responsibility of hearing the expenses of maintaining......or from violation of some provision of the Constitution or the law and seek enforcement of such public duty and observance of such constitutional or legal provision. Third petitioner seeks to enforce rights that may be available to a large number of old, infirm retirees. Therefore it is locus standi..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......ore the Additional Deputy Commissioner, (Rev) Sylhet for mutation of their names and in pursuance of the report of the Circle Officer (Rev) Sylhet their names have been duly inutated in the record of rights, They stated that the first party petitioner has no right, title and possession in the case l..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......nly one who is affected by an order or a resolution has a right to be heard—Only one who is affected by the order or the resolution has a right to be heard and no one else. When some legal rights have arisen in favour of a certain person as a result of particular order; those rights canno..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ......Constitution which guaranteed a right to leave and re‑enter Bangladesh but subject only to reasonable restrictions imposed by law in the public interest, The impugned order is also violative of the rights of the petitioner as guaranteed in Articles 31 and 32 of the Constitution and also Article 40..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
....e a violation of a promise which has been acted upon the lessor, hence need be restrained by this court.
6. According to the learned Advocate, this violation would not be a mere violation of any contractual obligation but a vested right arising out of equity which would not depend on contractua......
The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
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Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
....of the case we hold that the Rule cannot be sustained.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 46.
......rs respectively. So it is not a fact that by the impugned order the established rules and practice respecting appointment have been violated, nor have the principle of natural justice and fundamental rights guaranteed by the Constitution have been denied to the petitioners. These respondents had fur..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....inequitable to do so. Waiver must originate from an agreement— Waiver is an agreement, though can even be expressed by conduct, to realise or not to assert a right and is, thus, contractual in nature and thus cannot be the basis of a cause of auction under Article 102 of the Co......ent May 25, 1992. Result: The application is rejected. When a waiver arises— A waiver would arise when one party by his conduct leads another to believe that the strict rights arising under the contract will not be insisted upon by the other and if the second party act..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
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