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....nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......t of vested and non‑resident property. He stated that the Ext.-B is the death certificate of Ram Chandra Paul. He was not present at the time of hearing of the proceeding of correction of record of rights. RS record stood in the name of the plaintiff. The plaintiff also paid the municipal taxes an..
Category: Property Law | Date: | Hits: 134
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......le; but it is singly a right of substitution, entitling the pre‑emptor, by reason of a legal incident to which the sale itself was subject, to stand in the shoes of the vendee in respect of all the rights and obligations arising from the sale under which he has derived his title." In the instan..Category: Property Law | Date: | Hits: 127
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....laintiffs as partners. However, in 1978 for the first time a negotiation started between the plaintiffs and the defendant No.1 for outright sale of the firm but the same could not be finalised and no contractual agreement to sell either in writing or oral was arrived at between them. When the defend......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......nd the period of limitation is counted from the date of publication of the Gazette notification. The nature of the notification is such that if allowed to be interfered with then it breaks a chain of rights and plays havoc with the scheme propounded by the legislature in disposing of post-election m..Category: Election Law | Date: | Hits: 216
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......ch possession was on behalf of Abdur Rahman Sikder and the entire family including all the co-sharers. Defendant No.1 in her statement has stated that her name has been duly recorded in the record of rights. She says that the heba properties situated in Bhola are under her possession and she exercis..Category: Property Law | Date: | Hits: 152
Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
....mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391....... Nos.1 and 2 and the common purchaser of opposite-party No.4, namely, Abdul Hye Howlader and others and in this suit the exchange deed of the opposite party Nos.1 and 2 is under challenge. As the rights, title and interest of the plaintiff-opposite party Nos.1 and 2 in the suit premises will b..Category: Procedural Law | Date: | Hits: 107
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......t is open by the Judge in his discretion under Order 1, rule 10 to add as a party to the suit the representative of a person against whom the suit has abated for the purpose of giving effect to the rights of the parties. It is obvious, therefore, that in appropriate case, in the interest of jus..Category: Property Law | Date: | Hits: 98
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......ourts may grant a perpetual injunction to prevent any breach of an obligation. 9. The expression "obligation" included every duty that is enforceable in law and a Court of law would protect only rights that are known to law. But the mere existence of a right or an obligation enforceable in la..Category: Civil Law | Date: | Hits: 178
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... or assigning an authenticated Declaration is void being repugnant to public policy, and hence the purported promisee cannot sue the promisor, although he can do so in the event the person who ties a contractual knot and thereby sells the property associated with his newspaper, including its goodwil......n law and on fact. In the earlier writ petition, the respondent No.2 herself, who was petitioner therein, stated that a deed of transfer was executed on 6.3.2008 by which Mr. Oli Ahad gave up all his rights and title on the Weekly Ittehad in favour of one Mr. Akhtar-ul-Alam and thereafter, Mr. Oli A..Category: Others | Date: | Hits: 171
Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)
....e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......pon them. The said order of punishment was under challenge before the High Court Division in Civil Revision No.3491 of 1996. The petitioner came to learn that the accused had infringed the trade mark rights of his firm again on 29.10.1994 by manufacturing cast iron, sanitary pipes and fittings etc. ..Category: Procedural Law | Date: | Hits: 114
Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
.... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ......os. They also contended that the pay as fixed by the petitioner was wrong and contrary to the spirit and meaning of the aforesaid Memos and consequently the respondents were deprived of their legal rights and benefits and for enforcement of their rights and benefits they filed the aforesaid case b..Category: Labour and Industrial Law | Date: | Hits: 268
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
.... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ...... stated so of his own, which is not sanctioned by the Governing Body. 17. Moreover, in the matter of public service, right to the post one holds and the pay one receives are vested and none of the rights could be taken away or affected adversely by any authority how high it may be without notice ..Category: Employment/Service Law | Date: | Hits: 147
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208.......tian No.95 of Mouza Mymensingh town is government khas land; that the present petitioner filed Misc. Case No.141 of 1970 in the First Court of Munsif sadar, Mymensingh for correction of the record of rights in her name and obtained an ex parte decree within on 9.1.71 beyond the knowledge of opposite..Category: Limitation Law | Date: | Hits: 239
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......mpton New Water Works Company in relation to a liability created by a statute, but the position is exactly the same where a new right is created by a statute. 7. It can not be gainsaid that the rights created by the Industrial Relations Ordinance, 1969 are new rights which did not exist in com..Category: Labour and Industrial Law | Date: | Hits: 179
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....harterer or anybody else on his behalf. But if he supplies, without ensuring his own payment the law will not help him, because law will not help an indolent who is not himself diligent enough in his contractual transactions with others. However, the fact remains that the bunkers were supplied which......ers had a right of action in rem against the ship and for that matter also against the owner of the ship in personam or against the time charterer. It appears that the whole issue is wound around the rights and obligations spelt out in the charter party agreement itself (Exhibit J). The said charter..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......he plaintiff’s case (petitioners) was not accepted and all the Courts below correctly decided the matter. 6. Mr. Shahidul Alam Chowdhury being confronted with the question as to what fundamental rights of his client has been violated by the impugned order calling for invoking the remedy under A..Category: Property Law | Date: | Hits: 248
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......ay" the mortgaged property is to the extent of the mortgage of my property. It is immaterial to me whether my mortgagor is in winding up or not. I remain 'outside the winding up' and shall enforce my rights as mortgagee". This is to be contrasted with the case in which such a creditor prefers to ass..Category: Company Law | Date: | Hits: 317
.... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......bunal was given the exclusive jurisdiction to hear and determine applications made by any person in the service of the Republic in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in relation to him as a person in the service of the Repub..
Category: Administrative Law | Date: | Hits: 445
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......erson in the service of the Republic or in any Corporation, Bank or institution to which the said Act is made applicable, in respect of the terms and conditions of his service including pension rights or any action taken in relation to him as a person in the service of the Republic or in suc..
Category: Procedural Law | Date: | Hits: 273
....t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
......y be started without any agreement, but if a subsequent agreement is reached then it amounts to validation. The principle of subsequent validation cannot be entertained in a matter where the property rights of the citizen are involved. The affidavit-in-opposition filed by the 3 respondents together ..
Category: Property Law | Date: | Hits: 116
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