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Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....ul Kader Mirza Vs. Bangladesh, reported in 56 DLR 31, their Lordships in answering the question whether the notification for transfer of a case to Druta Bichar Tribunal is vocative of the fundamental rights guaranteed under Articles 27, 31, 32 and 35 of the Constitution, were of the opinion, that si..Category: Procedural Law | Date: | Hits: 84
Category: Property Law | Date: | Hits: 120
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....uayum, learned Advocate of the plaintiff-appellant then referred to us the definition of homestead as contained in Section 2(14) of the State Acquisition and Tenancy Act, 1950, regulating the tenancy rights of the citizens, which reads; "homestead means a dwelling house with the land under it, toget..Category: Property Law | Date: | Hits: 132
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
....e transposed as co-petitioner Nos.6-10. 3. The facts leading to the issuance of the Rule, in brief, are: 4. Petitioners Nos.1 to 5 are actively engaged in citizens' movements for securing basic rights of all persons, including safety and security in public institutions. Petitioner No.1 Profess..Category: Employment/Service Law | Date: | Hits: 169
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....ve 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. 42. Althou..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
..... So it is clear that the plaintiff-opposite party obtained right and title from the date of execution of the said Bainanama deed. 12. Section 48 of the Transfer of Property Act is a priority of rights created transfer wherein the maxim "qui prior est tempore potior est jure" means who is befor..Category: Property Law | Date: | Hits: 134
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....u's right to challenge the legality or propriety of his detention which was available to him under section 491 of the Code prior to the Constitution in operation, has been enlarged by the fundamental rights guaranteed to him by the Constitution and thus, whenever he relies upon his fundamental right..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....sis on the fact that it is the Government who chooses the cases, the Courts and the Judges. So, according to him, this unfettered power as given to the Government not only is violative of fundamental rights but it also amounts to interference with the conception of independence of judiciary. This la..Category: Criminal Law | Date: | Hits: 177
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
.... 17. The test is not whether the plaintiff agrees to adding a party as a defendant or not, but whether the relief claimed by the plaintiff will directly affect the intervener in the enjoyment of his rights. The Court must in every case record reasons in support of its order impleading or refusing t..Category: Property Law | Date: | Hits: 85
Category: Property Law | Date: | Hits: 119
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....r of the deeds is Shashi Mohan Mondal. 18. To workout the legal controversy it will be profitable to have a look on section 48 of Transfer of Property Act. 19. Section 48 deals with priority of rights created by transfer. It enjoins that where a person purports to create by transfer at differe..Category: Procedural Law | Date: | Hits: 155
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....at the defendants claimed their right, title over the suit and on the basis of SA record which appears to be prepared wrongly in their name at the early period of the than Pakistan but such record of rights does neither create nor destroy the right, title and possession as acquired by the plaintiff-..Category: Property Law | Date: | Hits: 100
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....ds which in the circumstances of the case, must lead to the inference that the property was received or acquired by her in a manner which may constitute stridhana. There is none except two records of rights standing in the name of Kumudini and the factum of joint sale for stridhana to stand on. The ..Category: Property Law | Date: | Hits: 107
Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....laid down in Ghulam Zainab Vs. Tnhirn Sultana, PLD 1977 Lah 492, further held: "The provision for appointment of receiver is to be considered as one of the harshest remedies for the enforcement of rights to property. It should, therefore, be exercised only in extreme cases. Where there is not mer..Category: Civil Law | Date: | Hits: 126
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....nd allocating 25 marks out of 100 marks for the interview keeping 18 marks as pass mark paved the way for arbitrary action on the part of the promotion committee and thus violative of the fundamental rights guaranteed under Articles 27 and 29 of the Constitution. Petitioner alleged that respondent N..Category: Employment/Service Law | Date: | Hits: 194
Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)
....or antecedent of the petitioner, is vague and ambiguous, as no material was furnished. If such reasoning is accepted by the Court as a valid basis for the impugned notification it will jeopardise the rights of a citizen, guaranteed under Articles 27 and 29 and complete freedom will be recognised for..Category: Employment/Service Law | Date: | Hits: 194
Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)
....ned Magistrate to attach the proceeding shop-house under section 146 of the Cr.P.C. directing the receiver to keep the shop-house under lock and key until a competent Civil Court has determined the rights of the parties thereto or the person entitled to possession thereof. Being aggrieved, the s..Category: Procedural Law | Date: | Hits: 116
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....for a limited period of for some time but in its absence a Court of law cannot read in to law such restriction which is not there by implication. 16. Statutes imposing penalties or which take away rights must be strictly construed. A Court of law must always see that the person to be penalised co..Category: Trust/Waqf Law | Date: | Hits: 134
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
.... passed. 2. Shortly stated the relevant facts necessary for disposal of the Rule Nisi are as follows:- Petitioner No.1 Bangladesh Legal Aid and Services Trust (BLAST) is a legal aid and human rights organization committed to protecting and promoting human and fundamental rights of the poor a..Category: Labour and Industrial Law | Date: | Hits: 163