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....s rule is discharged without any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
......ing in the field of trade and industry in the country and it cannot be the case that right of representation given under a law to the contesting chamber of commerce and industry are mere individual rights, a waiver of which would affect none else or its members or that the said right can be waived..
Category: Civil Law | Date: | Hits: 162
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......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)
....nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ...... 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)
....irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......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)
....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109....... 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
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93....... casualty does not fall within the period by this last definition (1-e) the rules do not apply to it is fallacious, the cause of the fallacy perhaps lying in the supposition inherent in it that the rights and liabilities under the rules attach to a period of time. I think that they attach to a con..Category: Business or Commercial Law | Date: | Hits: 463
....ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 545....... Order 21 rule 32 of the Code of Civil Procedure which runs as follows:
"32. (1) Where the party against whom a decree for the specific performance of a contract, or for restitution of conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and has ..
Category: Property Law | Date: | Hits: 123
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......nd sub‑section (2) have been drafted, it is manifest that it was not the legislative intent to give such a wide retrospective operation to the provision of sub‑section (2) of section 97. The past rights which have already accrued have not been sought to be affected by President’s Order No.137 ..Category: Property Law | Date: | Hits: 118
....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......a cause of action and if there is no express or implied bar to proceed with the suit, I should have thought that the interest of justice would require the suit to proceed to a hearing. The respective rights and obligations of the parties should be determined in the trial, instead of rejecting the pl..
Category: Procedural Law | Date: | Hits: 146
Director General, Bangladesh Railway and others Vs. Niaz Mohammad Ali and others, 2012, 41 CLC (AD)
....ration of Bangladesh Railway”. Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in: ......raining out of 60 days the writ respondents were bound to allow them to complete the remaining 13 days of training inasmuch the writ petitioners have acquired legal, vested right and have fundamental rights to complete the course and to sit for examination. Upon hearing Writ Petition No.6501 of ..Category: Employment/Service Law | Date: | Hits: 222
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......red to another decision, namely, Md. Soheb Vs. Uttara Bank Limited (43 DLR, 329) where it was held by this Court that when the papers and documents filed by the parties are sufficient to settle their rights and interest, the jurisdiction of the Company Court is sufficiently wide to resolve the quest..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......ine. With your financial assistance two organisations namely, Ershad Mukti Parishad and Sangrami Chatra Shamaj have been formed and these two organisations jointly, on the plea of law and fundamental rights preservation committee, brought out a procession and tried to enter into the precincts of the..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......Examination. Clearly there is a sinister motive in this. The respondent No.2 is determined to fill up all possible vacant posts to create a further excuse for denying the petitioner and 6 officers’ rights to be absorbed which should have taken place as soon as the Establishment Division recommende..Category: Employment/Service Law | Date: | Hits: 216
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603....... the meaning of the Special Powers Act. The detention is in violation of Article 31 of the Constitution, malafide, arbitrary and has been made without any lawful authority in violation of fundamental rights as guaranteed under the Constitution and thus being illegal and improper is of no legal eff..Category: Criminal Law | Date: | Hits: 156
Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)
....stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ...... a particular name to a newly created Division on the authority of section 2(1) of the Bengal Revenue Commission Regulations, 1829 (Beng. Rev. No.1 of 1829) in no way infringes any of the fundamental rights envisaged in Part III of the Constitution of the People's Republic of Bangladesh. Failure to ..Category: Constitutional Law | Date: | Hits: 247
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......members are rendering distinct and separate species of service to the Biman. They are special categories of professionals owing to their qualifications, mode of recruitment, conditions of service and rights and obligations. They are governed by special agreements between the Biman and the said appel..Category: Employment/Service Law | Date: | Hits: 361
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......dments the US Constitution the Supreme Court of India held: "It, therefore, follows that neither by invoking the spirit of our Constitution nor by a strained construction of any of the fundamental rights can we spell out the exclusion of evidence obtained on an illegal search." 25. Whether the..Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533....... of the evidence taken and an abstract of the decision for preparation of records of right. It may be mentioned that Rules 20‑24 of the Tenancy Rules deal with the mutation of name in the record of rights, which is exclusively headed by a Revenue officer. Preparation of record of rights is dealt u..Category: Criminal Law | Date: | Hits: 142
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......onal approach to the same facts, the amendment will be allowed even after the expiry of the statutory period of limitation ..............the object of Courts and rules of procedure is to decide the rights of the parties and not to punish them for their mistakes.......................". 6. The p..Category: Procedural Law | Date: | Hits: 133
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......ive order but by a statutory amendment. 17. Similarly under sub-section (4) of section 149 of the Act the Government had the power to order at any time the correction of any entry in a record-of-rights provided that no appeal under this section had been preferred against such order. By the said..Category: Property Law | Date: | Hits: 129
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