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Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ......nical and observed: “When in substance, the application for substitution was treated as one for letters of administration with a copy of the will annexed on the basis of the respondents’ own rights to the property left by the testator as heirs of Subasini, it would we think, be sacrificing ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ...... for maintaining his rightful possession, he was instead illegally dispossessed by the Government officers themselves. This is an unheard of case where the Government instead of protecting the lawful rights and possession of the petitioner threw him out of possession of his legally acquired property..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......Delegation of power- Whenever there is a question of delegation of power it must be done in specific and categorical terms--It is not permissible to read such power by necessary implication when rights of others are involved--There being no delegation of power to the Vice-President the impugned..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ......llip;…………………..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is p..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......rson that they have been politically victimized, When the impugned order was passed we had a constitutional Government governing the country under a full-fledged Constitution with all the fundamental rights guaranteed under the Constitution in full force. It is beyond our comprehension as to how the..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
.... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ......here in the Constitution. It would appear from clause (b) of sub-paragraph (2) of paragraph 10 of the 4th schedule of the constitution that conditions of service includes remuneration, leave, pension rights and rights relating to the disciplinary matters. Fixing of seniority as such has not been spe..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ......ed to by the mortgagor or fresh relationship is recreated. This the mortgagor or the person succeeding to the mortgagor's interest may elect to do. Bui if he does not, the lessee cannot claim any rights beyond the term of his original lessor's interest.” 13. In that case exception..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....t provided that the same right shall not be assignable or his representative-in-interest shall not be entitled to specific performance of the said contract, which however is not the case here. Such a contractual right without the limitations as herein before mentioned, is assignable, transferable an...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1
Archana Proshad Nandi Vs. Miss Chilia Randolph and others, 1981, 10 CLC (AD)
....t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106. ...... part with them A cannot obtain a decree against B for the specific performance of a contract. But if B is willing to pay the price agreed upon and take the 50 bighas which belongs to A waiving all rights to compensation than B is entitled to a decree. Illustration B throws more light wherein a ..Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
....tion is rejected. The varbal prayer for stay of the execution of the sentences made by Mr. M.H. Khandker is refused. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 488 ......hat Bangladesh Constitution envisages a State, whose fundamental aim is to realise through the democratic process a society, free from exploitation society in which the Rule of Law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all ci..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
A.H.M. Aminur Rahman Vs. Chairman, BADC & others, 1981, 10 CLC (HCD)
....ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ......ule. This Rule is accordingly discharged. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 97. ..Category: Administrative Law, Employment/Service Law | Date: 28 Jul, 1981 | Hits: 1
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....ppropriate actions and the plaintiff if successful would be entitled to damages but certainly not through an order of injunction which would interfere with the normal banking transaction and also the contractual obligation of the Bank. In the latter case the Appellate Division referring to the case ...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....sts. Order of the Court In view of the decision of the majority, me appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 348 ......oric war for national independence." 1971 period was one phase but the struggle continues because fundamental aim of the state is to realise a society in which the rule of law, fundamental human rights and freedom equality and justice and in that view the Constitution has laid down the fundamen..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
Bangladesh Steamer Agents Association Vs. Bangladesh, 1982, 11 CLC (AD)
....ns raised by the learned Counsel of the appellant. The appeal is dismissed, but without any Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 467 ...... Constitution and also to consider whether the High Court Division was wrong in deciding the locus standi of the appellant to challenge the impugned Order on the ground of infringement of fundamental rights. Mr. Hamidul Huq Chowdhury, Counsel for the appellant, submitted that the impugned Order viol..Category: Business or Commercial Law | Date: 10 Feb, 1981 | Hits: 113
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ......plication. 16. In Maxwell's Interpretation of Statute, 11th Edition, the principle has been stated as follows: “Every Statute, it has been said, which takes away or impairs vested rights, acquired under existing laws or created a new obligation, or imposes a new duty or attaches ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
....sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ......ccasion to observetion the effect of the property becoming enemy property and the relevant passage may be quoted. "Upon a true construction of the laws aforesaid, we get, that all rights in such property vest in the Government of Bangladesh and the title of the owner of the prope..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2