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Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....r probate which was never filed by the executor who died leaving behind the plaintiff respondent and others as his heirs. As one of the sons of the executor, plaintiff respondent succeeded to all the rights and benefits under the will. Other sons and heirs of the executor had no objection to the g..Category: Property Law | Date: | Hits: 80
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....mpugned judgment and order is a colourable exercise of power of the respondent No. 6 conferred by the said Act and having not been made in accordance with law the same is violative of the fundamental rights guaranteed under Articles 27 and 31 of the Constitution. 5. By filing affidavit-in-opposit..Category: Civil Law | Date: | Hits: 116
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
.... of the Justices of the Peace, was made). “When in 17th and 18th centuries the term ‘prerogative’ was applied to the Writ, this was because they were considered to be closely connected with the rights of the Crown; no doubt it was the reason they issued chiefly from the King’s Bench Court...Category: Property Law | Date: | Hits: 159
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....ps held: "On the other hand, section 75 A, which was incorporated in 1954, came into operation only when a notification giving notice of the intention to undertake the preparation of the record of rights under section 17(3) or of the compensation assessment roll under section 31(1) had been given..Category: Property Law | Date: | Hits: 123
Category: Property Law | Date: | Hits: 159
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
.... set out shall also constitute the fundamental principles. Article 11 in the present form incorporated in Part‑II is as follows: "11. The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed an..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
.... sold in auction pursuant to the said notice. It has been contended that section 12 of the Artha Rin Adalat Ain, 2003 is arbitrary, malafide and unlawful inasmuch as it has taken away the fundamental rights of the petitioner to enjoy his property and the petitioner will be denied to avail of the pro..Category: Civil Law | Date: | Hits: 129
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....le under section 6 also. 13. The distinction between Article 6 and Article 40 is that Article 6 is limited to causes where a loan is in question and Article 40 cover the cases where interest in or rights over property is transferred whether possession is delivered or not as security for the mor..Category: Fiscal/Taxation Law | Date: | Hits: 269
Category: Others | Date: | Hits: 154
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....oned above I am unable to accept this contention of the learned counsel for the opposite party inasmuch as the suit being between an alleged land lord and an alleged tenant for enforcement of certain rights of the land lord the simple question which is to be tried in such a suit is whether there is ..Category: Procedural Law | Date: | Hits: 74
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....By the preliminary decree only disputed question of title, if any and extent of share of the parties along with the question of possession, are determined. Once the preliminary decree is passed and rights of the parties determined, the question of abatement of the suit on the death of a party does..Category: Property Law | Date: | Hits: 78
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....amending Act provides for Capital punishment for certain offences including the one with which the appellants have been charge-sheeted. Hence, it was rightly argued that in view of the guaranteed rights under the Constitution the appellants cannot be subjected to a penalty greater than or diff..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
.... upon to perform under section 8 of the University Ordinances, it has a quasi judicial act and any inquiry that is conducted there into before action is taken must be conducted with due regard to the rights accorded by the principles of natural Justice”. 19. The learned Additional Attorney Gen..Category: Employment/Service Law | Date: | Hits: 155
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....tion of the argument of the learned Advocate I find it difficult to accept his proposition. Chapter IV of Part IV of the State Acquisition and Tenancy Act, 1950 provides for "preparation of record-of-rights". This chapter contains the provision of preparation of record of right with a view to assess..Category: Property Law | Date: | Hits: 85
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
....use of action. 8. Sub-rule (1) of rule 32 of Order XXI runs as follows: "32. (i) 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: Civil Law | Date: | Hits: 100
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
....the petitioners being well aware of the institution of the suit by the plaintiff, purchased the suit land and they are not proper parties for adjudication of the suit. Further stand taken is that the rights of the transferees, if any, are well protected under section 52 of the Transfer of Property A..Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29...Category: Constitutional Law | Date: | Hits: 238
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....er is an Additional District and Sessions Judge and the Secretary-General of the Bangladesh Judicial Service Association. He is a conscious citizen of Bangladesh. He is keen to uphold the fundamental rights of the citizens enshrined in the Constitution of the People's Republic of Bangladesh. He has ..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....ally, without lawful authority and is of no legal effect. He again submitted that stopping of State Honorarium to the petitioners who are freedom fighters is illegal and to have stopped violating the rights guaranteed under Article-27 and 31 of the Constitution and such action of the respondents is ..Category: Others | Date: | Hits: 149
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
.... 17%. Undoubtedly such an order cannot be treated as an executive order. Writ of certiorari lies against the proceeding before a quasi-judicial body having statutory authority. A decision affecting rights and liabilities of the parties is quasi judicial, because, an elements of 'decision' is pre..Category: Fiscal/Taxation Law | Date: | Hits: 156