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Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......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)
....at the cost of the Office immediately for information and compliance with the same. However, there would be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 124. ...... 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
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......, the indigenous people suffered the most because the balance of force was not on their side, among other things. Moreover, the security forces had, on the whole, paid little heed towards the human rights of the indigenous people in their quest to contain the insurgency." 14. It is against the ..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......d upon him by the Tribunal questioning the correctness of the same. There cannot be any doubt that the Judgment of a tribunal empowered by law to adjudicate upon and decide any matter affecting the rights of the parties is inviolable unless the law allows it to be questioned or interfered with. In..Category: Criminal Law | Date: | Hits: 99
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
.... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ...... defendants prayed for saham. Those saham praying defendants also made certain allegations like the other contesting defendants in their respective written statement asserting that plaintiffs have no rights, title and interest in the suit property and denying title and possession of the plaintiffs. ..Category: Property Law | Date: | Hits: 97
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....ciation (Annexure-‘A’). The problem that arises in this case appears to centre on development work undertaken on land acquired by the Company in Mirpur, Dhaka for which the Company entered into a contractual relationship with a construction company, M/s. Technopole Construction Company, i.e., a ......y Division Judgment in Exeter City Association Football Club Ltd. Vs. Football Conference Ltd. and Another, reported in [2004] 1 WLR 2910 in which the ratio succinctly reads thus: "The statutory rights conferred on shareholders to apply for relief at any stage are, ……inalienable and cannot ..Category: Company Law | Date: | Hits: 177
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
....part of the said defendant who took all care and exercised all intelligence in carrying the cargo container of the plaintiff from the port of Singapore to the Port of Chittagong. The plaintiff had no contractual relationship with the defendant No.3 and, as such, the defendant No.3 is not liable in a...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
..... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ......deed No.8236 dated 16.11.1989 transferred his portion to the plaintiff, who is in possession in the suit land by constructing dwelling homestead thereon and paying taxes. The defendants have got no rights title, interest and possession in the suit land but they were trying to dispossess the plaint..Category: Civil Law | Date: | Hits: 181
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......operty. Such power of attorney gives the power to deal with other parties including Government Statutory authorities, local bodies in respect of transaction relating to the transfer and conveyance of rights and interest of the owner in the property within the term of power of attorney deed. Power of..Category: Civil Law | Date: | Hits: 115
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....inct matter from an application filed under section 241 (v) of the Act, which relates to a winding up proceeding. In other words, while the former relates to the issue of severance of the legal and contractual relationship between the parties, the latter relates to a dispute regarding monetary c......opy of this order be forwarded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ..Category: Company Law | Date: | Hits: 164
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......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: 124
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
.... Netai Chand Koby). 11. Mr. Huq also placed before us Chitty on Contracts 26th Edition, Vol.1 Note 1900 at page 1899, where it has been noted that the Rules of Members Club or Trade Union may have contractual force and wrongful expulsion from such an Association in breach of its rules may be rest......till a member of the Club and for an injunction to restrain the Committee and their servants, and the servants of the Club, excluding him from the Club premises, or preventing him from exercising the rights and privileges of Membership. The learned Advocate contends that the plaintiff has every righ..Category: Others | Date: | Hits: 154
....2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 59.
......that the application of the decision of these facts and circumstances is at best misconceived. It is evident that in The "Fanti" and the "Padre Island" third parties were claiming to exercise the rights of the members under the contracts of indemnity arising in turn from the contracts of marine ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....he time specified in the agreement for sale was subject to more than one condition, it cannot be said that the parties thereto intended the time mentioned the defendants not having discharged their contractual obligation within the given time-limit, cannot turned round any say that the time was ......arket price on the date of breach. It is however, open to the parties to exclude any of the terms or conditions which the law attaches to the contracts of sale and create for themselves any special rights and obligations that they please, such as, providing their own measures of damages in case of..Category: Civil Law | Date: | Hits: 200
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ......tion by the decree holder accrued, the impugned order dated 24.4.2003 appears to be without jurisdiction, because that order not only was passed beyond the statutory period but that also affected the rights of the parties, the Judgment debtors. It is further noticeable from the impugned order that n..Category: Limitation Law | Date: | Hits: 162
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......d restraint of Fazlu alias Hafiz alias Hafizur Rahman alias Happy in bar fetters should not be declared to be without lawful authority and /or to be unconstitutional as being violative of fundamental rights under Articles 27, 31 and 3.5 of the Constitution and/or as to why the provisions of the pris..Category: Constitutional Law | Date: | Hits: 219
lqbal Hossain Talukder (Md.) Vs. Md. Joinal Abedin Talukder and 76‑others, 2002, 31 CLC (HCD)
.... their respective costs. Lower Court Record be sent down at once. A copy of this Judgment be transmitted to Courts concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 604. ......h the dilatory one afterwards complains; passive compliance; quiescence under such circumstances that assent may be inferred. The word is further defined as meaning release or abandonment of one's rights, if, having rights, he stands by and sees another dealing with his property in a manner incon..Category: Property Law | Date: | Hits: 116
....out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
......in colourable exercise of power by respondents 2 and 3 who issued the impugned order behind the back of the petitioner while publication of tender notices had been going on. By the impugned order the rights guaranteed to the petitioner under Articles 27 and 31 of the Constitution have been violated...
Category: Civil Law | Date: | Hits: 178
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......n. 13. We are not dealing here with the validity of agreement of sale and also no issue regarding it had been framed by the Courts below. Moreover the agreement to sell is contingent in nature. No rights or interests passed over to the defendant purchased until full payment has been made to the H..Category: Civil Law | Date: | Hits: 132
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......k to the future with hope and determination. The departure made from the guideline provided in Annexure ‘G’ in no way offends the equality clause nor does it offend the petitioner’s fundamental rights of freedom of trade under Article 40 of the Constitution. The petitioner can still pursue his..Category: Others | Date: | Hits: 170
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