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Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)
....to give a consideration to husband for her release from marriage tie. It is again voiced that khula divorce is effected by an offer from wife to compensate husband if he releases her from his marital rights and acceptance by husband of the offer. 45. On a plain reading of section 7(1) of The Ordi..Category: Family Law | Date: | Hits: 165
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
....cedural 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 parties to the proceedings before the change." 27. In the case of A..Category: Election Law | Date: | Hits: 301
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....he amendment of pleadings are intended for promoting the ends of justice and not for defeating them. 19. We think that it is a well established principle that the object of Courts is to decide the rights of the parties and not to punish them for mistakes they make in the conduct of their cases by..Category: Civil Law | Date: | Hits: 117
Md. Warish Uddin Chowdhury Vs. Bangladesh and others, 2008, 37 CLC (AD)
....he department of respondent No.3. The provisions of Saw Mills License Rules, 1998 is repressive, unfair, unreasonable and in violation of the principles of natural justice and in beach of fundamental rights of a citizen as enshrined in the Constitution. The Rules do not have single provision to allo..Category: Others | Date: | Hits: 127
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain and another, 2012, 41 CLC (AD)
....llenged the impugned order of termination as contained in annexure-‘C’ to have been issued without lawful authority and was of no legal effect and no ground as to the violation of his fundamental rights as guaranteed in Part III of the Constitution was taken. Be that as it may, in the context, w..Category: Employment/Service Law | Date: | Hits: 156
Government of Bangladesh and others Vs. Abdul Quader Mollah and another, 2011, 40 CLC (AD)
.... they are suspected accused under the International War Crimes Tribunal they cannot claim fundamental right guaranteed in Part III of the Constitution. Part III of the Constitution guarantees host of rights and those rights cannot be denied to a prisoner who is detained in connection with a criminal..Category: Criminal Law | Date: | Hits: 95
Mazharul Haque Vs. Bulk Management (Bangladesh) Ltd. and others, 1996, 25 CLC (HCD)
....liable to contribute to the assets of the company to an amount sufficient for payment of its debts and liabilities and the costs, charges and expenses of the winding up, and for the adjustment of the rights of the contributories among themselves, with the following qualification that is to say: "..Category: Company Law | Date: | Hits: 185
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
....lf on behalf of the contesting defendants. D.W.2 was examined for defendant No.1 to claim a saham. Certain Khatians were produced by the plaintiffs to prove that their names appear in those record of rights. 5. The learned Subordinate Judge on consideration of the materials on record rejected t..Category: Property Law | Date: | Hits: 93
Abul Basher Chowdhury Vs. Mehar Khatun, 1982, 11 CLC (HCD)
.... review the appellate decree or order has been granted to the appellate Court by the said special statue. Mr. Chowdhury submits that both the right of appeal and the right of review are substantive rights, and not merely procedural rights, and unless a special Act or statute confers the right of..Category: Procedural Law | Date: | Hits: 119
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....pon to perform under section 8 of the University Ordinance, it was a quasi juridical act and any inquiry that is conducted thereinto before action is taken must be conducted with due regard to the rights accorded by the principle of natural justice." 18. The Appellate Division in the said cas..Category: Others | Date: | Hits: 168
Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ers of natural guardian narrated as follows: "Powers of Natural Guardian.— The powers of a natural guardian under Hindu Law as hitherto applied have been dealt with in sections 528-531 ante. The rights of a natural guardian under that law as interpreted by the Courts were comparatively wide. Th..Category: Property Law | Date: | Hits: 147
Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)
....ur of Darika Nath, even if so, whether on the basis of this so‑called relinquishment, the plaintiff can claim the admitted 12 annas share of Girish and Sukmon in the CS recorded holding and whether rights of Girish and Sukmon were lost and transferred in favour of Darika Nath. 5. Admittedly, th..Category: Property Law | Date: | Hits: 123
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....s administration is likely to be seriously affected, the Managing Committee may decide not to waste its time by instituting an enquiry and proceed to terminate the services in exercise of contractual rights or statutory rights. 14. There is another aspect as well. The probationer has no right to ..Category: Employment/Service Law | Date: | Hits: 166
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....s created in their wombs, if they have faith in Allah and the last day. And their husbands have the better right to take them back in that period, if they wish for reconciliation and women shall have rights similar to the rights against them, according to what is equitable, but men have a degree ove..Category: Family Law | Date: | Hits: 202
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....mstances such as sterility physical infirmity, physical unfitness for the conjugal relation, willful avoidance of a decree for restitution of conjugal infirmity, physical unfitness for the conjugal rights, or insanity on the part of an existing wife as provided under Rule 14 of the Muslim Family L..Category: Family Law | Date: | Hits: 193
Category: Civil Law | Date: | Hits: 162
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....laintiffs. Section 48 of the Transfer of Property Act is as follows: "48. Where a person purports to create by transfer at different times right in or over the same immovable property, and such rights cannot all exist or be exercised to their full extent together, each later created right shal..Category: Property Law | Date: | Hits: 154
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
.... of title. By itself, it is not an evidence of title "and it has been referred in 32 DLR 252 that Record of Right is evidence of present possession-Registered Kabala evidence of title. The records of rights of the Government which at best are evidence of possession at the time when such records are ..Category: Property Law | Date: | Hits: 144
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....of being heard was given to the petitioner before or immediately after passing the impugned order. Hence, the said order is arbitrary and mala fide and it was violative of the petitioners fundamental rights guaranteed under Articles 31, 32, 36 and 40 of the Constitution and that the said order was p..Category: Business or Commercial Law | Date: | Hits: 601
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
.... respect of any document which has been produced or given in evidence in a proceeding for the purpose of that proceeding by any of the parties concerned for using it as genuine and for establishing rights title, causing wrongful gain and wrongful loss or an attempt to do so or to cheat. 17. The..Category: Criminal Law | Date: | Hits: 117