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Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ......sue upon the debt or promise does not exclude or destroy his right to sell the pawn. The pawnee's right to sue upon the debt or the promise or to sell the pawn are concurrent, and not alternative rights." and further it has been observed in the same decision that, "Even if it..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......eirs of original owners and on a petition of objection by the said Duraram Upadhyaya, the CO (Rev) Sadar Sylhet by order dated 15.12.62, allowed the objection and directed correction of the record of rights in the names of the Duraram, as purchaser in possession without document. Thereafter in respe..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ......ny Union Parishad has not been given any statutory right to question the election of the Chairman and members of any Union Parishad. Right to vote and the right to question the election are statutory rights. Relevant section 26 of the said Ordinance read as follows: "Election Petitions‑ ..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
......nstitution and as such it has the force of law and is valid and the said Rules are not inconsistent with any provision of the Constitution. The said Rules were framed in recognition of the legitimate rights of the Mujibnagar Employees and to provide for counting the period of service rendered by the..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)
....rsonal interest in the subject matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ...... case is definitely not public interest litigation. The petitioner is not espousing the cause of a downtrodden and deprived section of the community unable to spend money to establish its fundamental rights and enforce its constitutional remedies. It is not acting pro bono publico but in the interes..Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....tion which gives rise to the Miscellaneous Case No. 109 of 1990 it was the case of the petitioner Ventura Industries Ltd. that in spite of the fact that the petitioner Ventura Industries supplied the contractual amount of coal at the port of' destination by carrying it through seven different oc...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......t applicable, lie submits. Section 14 of the Partnership Act is quoted as follows: “14. Subject to contract between the partners, the property of the firm includes all property and rights and interests in property originally brought into the stock of the firm, or acquired, by purc..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ......squo;s name in the record of right as ‘Dakhalkar’ will mean that for all time to come he will continue as a tenant at will Ordinarily, the word "Dakhalkar' in the record of rights is no doubt indicative of a mere tenant‑at‑will without any transferable or heritable int..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......hat case the question may arise whether such an application will be maintainable or not. In the present case the papers and documents filed by the parties are sufficient to settle the dispute and the rights and liabilities of the parties concerned. The papers and documents and the annexures with the..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ......ul Awal, 1985 BLD (AD) 230, this, Court observed that the question as to rectification of a share register could not be mixed up with an application for winding up the Company in which creditor's rights were of paramount importance and that the Court will not exercise its discretion for rectific..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....ves it to the discretion of the Court what interest should be awarded to the mortgagee in a mortgage suit from the date of the suit till the date fixed for redemption. The Court is not bound to award contractual rate of interest for such period…………………...... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ......ich is not collusive and in which any right to immovable property is in question, the property cannot be transferred or otherwise dealt With by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein except un..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......nce of payment of rent produced in this suit starts from 1951, but the claims actual physical possession from much earlier, in 1948. With passage of time, question of limitation and accrual of vested rights step in and the High Court Division correctly rejected the application for amendment of plain..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....e to time. Eventually the Albemarle Co. terminated the contract of Botfield and demanded the three taxis from the defendants who claimed a lien for their reparing charges. 21. It was held that a contractual limitation of authority not communicated to the repairer did not limit the implied autho......was as to the order of attachment and its implication. It is unfortunate that Rule 10 was not considered by any court which reads as under: "Attachment before judgment shall not affect the rights existing prior to the attachment, of persons not parties to the suit, nor bar any person ho..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....is satisfied that the accused will indulge in prejudicial activities if he is allowed to remain at large. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 178; BCR 1988 (AD) 89. ...... the otherwise present legal order of detention. With great respect, we fail to agree with this view. We cannot take a too technical and legalistic view on one of the most cherished fundamental human rights, that of liberty of an individual. Only a valid order of detention or a valid detention could..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ...... how far this proposition can be accepted. 7. Mr. S. R. Pal, learned Counsel for the appellants, has referred to section 91 of the Transfer of Property Act and ha made a lengthy submission as to rights and interests of a mortgagee-auction-purchaser on a suit for enforcement of mortgage. He has ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)
....declared to have been passed without any lawful authority and to be no legal effect. Bimalendu Bikash Roy Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 389. ......on dated 05.05.63. Subsequently Parul Bala Roy and the petitioner brought O.C. Suit No.11 of 1962 against Hrishikesh Roy which was decreed on compromise on 03.11.62 and by the said decree the 8 annas rights of Parul Bala Roy and 8 annas right of the present petitioner in the entire disputed properti..Category: Property Law | Date: 22 Mar, 1987 | Hits: 13
....evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
......hy;vernment acquired by the aforesaid laws all the right of management, control and disposal of the property by transfer or otherwise. Upon a true construction of the laws aforesaid, we gel, that all rights in such property vest in the Government of Bangladesh."
17. I am, therefore, of opi..
Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....gh Court Division after finding that the order of cancellation was vitiated as being mala fide were well founded in law in refusing to exercise writ jurisdiction on the ground that it was a contractual breach of terms of the lease and so no writ lay". 13. Their lordships after qu......de. They just could not stand the lease having been lost before the High Court Division in a previous writ case. 12. It is now well settled that a writ would be maintainable' even though the rights of the petitioner arose out of a contract if the executive authority acted mala fide or ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ......y;dural law has a retrospective effect in the sense of being applicable even to judicial proceedings initiated before the change, provided of Course this can be done without affecting any substantive rights acquired by any of the patties to the proceedings before the change. It is however, equally w..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
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