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Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......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)
....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......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
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....tara Bank Vs. Macneill & Kilburn the Appellate Division on this point observed. "The decisions show that Court will not interfere by granting an injunction from performing or discharging the contractual obligations. Such is the case here. The letter of guarantee was given in this case b......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......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)
....The impugned circular must, therefore, perish on the ground of arbitrariness which is an available ground for judicial review in such a situation.” “In our view, bringing the State activity in contractual matters also within the purview of judicial review is inevitable and is a logical coroll...... 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
....case No. 224 of 1983. It is true that the execution case is still pending and the kabala deed has not been registered as yet but the agreement dated 17.8.1970 was a registered agreement for sale. The contractual amount has been paid by the decree holder. From exhibit ‘Ta’ it shows that the judgm......he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 113
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......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)
.... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ......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)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......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........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)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......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)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ......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)
....s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276....... 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
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....udgment of the High Court Division is set aside and the impugned order is set aside as having been passed without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 272.......ng before an independent authority, not interested in the proceeding or in any party to the proceeding. The frontier of natural justice with the progress of rule of law and establishment of human rights is constantly expanding. The purpose of invoking the principle of natural justice is, to put ..Category: Business or Commercial Law | Date: | Hits: 208
Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266....... Bangladeshi Company has been in possession of the said property. 6. Mr. Khandker Mahbubuddm Ahmed, learned Counsel appearing for the appellant, has submitted that the Government, in which all the rights of the Pakistani Company in respect of the industrial unit concerned have vested by operation..Category: Property Law | Date: | Hits: 79
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....licable to them although the Government and the Corporation had retained the power to alter their remuneration or terms or conditions of service. Thus these Respondents were not governed by any contractual relations and, therefore, the contention that the law of master and servant applied in......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..Category: Employment/Service Law | Date: | Hits: 123
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......additional written statement if any, the defendants have not been prejudiced. 4. Mr. Islam also relied on the decision of 36 DLR (AD) 253. In that case originally suit was filed for declaration of rights and accounts by a partner of a partnership business and subsequently amendment was prayed for..Category: Property Law | Date: | Hits: 151
....neral principles. The relation of landlord and tenant was originally one of contract only, but from early times the contract conferred an estate in the land on the tenant without losing all its contractual characteristics. The relation arises as a rule when one party confers on another the r......r that there were any codified law relating to leases of non-agricultural land. As we have indicated above the tenancy laws connected with agricultural holding have developed stage by stage and the rights and liabilities of the lessors and the lessees of such holding have undergone changes with th..
Category: Property Law | Date: | Hits: 114
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......d teachers, officers and workers. It is the contention of the writ petitioners that the provisions of sub-section (2)(chha) and (3) of Section 56 of the Act, 2005 are violative of the fundamental rights of the petitioners enshrined in Articles 27, 29 and 31 of the Constitution and hence the said..Category: Employment/Service Law | Date: | Hits: 134
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....e complaint that it was so paid. 9. So, the question before us is, whether issuance of post-dated cheques for payment of the unpaid portion amount of money which had fallen due in consequence of a contractual transaction constitute an offence under section 406 and/or 420 of the Penal Code. 10....... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..Category: Criminal Law | Date: | Hits: 95
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