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.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......the suit and thereby accepted the claim of the plaintiff.
15. He further submits that the plaintiff has been peacefully possessing the suit land and his name has been duly mutated in the record of rights, and from the evidence of the P.Ws. including the deed writer it is clear that the name of Mo..
Category: Property Law | Date: | Hits: 56
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......d Advocate relying on the decision reported in 32 DLR 252 submits that the proposition of law is well settled that a registered kabala is an evidence of title which will prevail over other records of rights as such until and unless such kabala is cancelled on specific allegation of fraud by any civi..
Category: Property Law | Date: | Hits: 64
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......ganization (NGO) named Nari Grantha Prabartana. The petitioner No.3 is a physician and public health specialist, lawyer and politician. The Petitioner No.4 is the Acting Director of Odhikhar, a human rights organization. All petitioners are widely known in the country for their human rights activism..Category: Constitutional Law | Date: | Hits: 264
....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
...... of possession. Consequence is that although the property remains in possession of the debtor, it cannot be transferred without express consent or permission of the creditor. By hypothecation certain rights in movable property are transferred to the creditor. When the goods themselves are handed ove..
Category: Civil Law | Date: | Hits: 92
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......e definition of loan. 27. In such view of the matter, we are unable to accept the conclusion of the trial Court. The learned Joint District Judge failed to look at the relevant law in deciding the rights of the plaintiffs to temporary injunction. The findings of the trial Court that the plaintiff..Category: Civil Law | Date: | Hits: 71
....already been deducted earlier, on account of pension.
In the result, this Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 113.
......missioner and the other Election Commissioners. Their such facilities cannot be curtailed by an Ordinance to their prejudice.
Section 5 provides for medical facilities while section 6 provides for rights relating to leave, etc.
45. Two objections are raised on behalf of the Comptroller and the..
Category: Employment/Service Law | Date: | Hits: 99
....08 (Anriexure-F) and dated 3-9-2008 (Annexure-I) are hereby declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 63 DLR (2011) 61.
......the combined effect of (i) and (ii) above.
For the purposes of the parties themselves and their privies ingredient No. (iii) is the material element is the decision for it determines finally their rights and liabilities in relation to the subject-matter of the action. It is the judgÂment that st..
Category: Fiscal/Taxation Law | Date: | Hits: 140
Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)
....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......proximately) acres of land has now been perfected by long and exclusive use and occupation. 8. On the pleadings, issues regarding maintainability of the suit, defect of parties, hotchpotch and the rights of the plaintiffs to partition of the suit land as co-sharers only were raised. Plaintiffs ex..Category: Property Law | Date: | Hits: 64
Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....ase, as set out in the Writ Petition, in short, is as follows: The petitioners are the employees of the Biman Flight Catering Centre (BFCC) appointed by the BFCC Management against different posts on contractual basis. Anyway, initially BFCC was established as a project approved by the Executive Com......benefits will not be applicable to the contractual employees. This being the scenario, cause (d) of the Organization Order No.13 of 1989 dated 11-11-1989 is arbitrary and violative of the fundamental rights of the petitioners. It is worthy of notice that both the regular and contractual employÂees ..Category: Employment/Service Law | Date: | Hits: 145
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......eetings which were managed through manipulation. The local people were not at all afforded any opportunity to submit their objections and, thus, the aggrieved people have been deprived of their legal rights and legitimate compensation and also to protect their lives, professions and properties. The ..Category: Environmental Law | Date: | Hits: 1051
....‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......sions it has been held by this Court that violation of the principle results in jurisdictional error. The principle of natural justice now extends to any person or body deciding matters affecting the rights and interests of an individual. Following some English decisions, the Courts of this sub-cont..
Category: Limitation Law | Date: | Hits: 175
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....hs 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 (HD) (1997) 92 ......uit property and denying title and possession of the plaintiffs. Upon the aforesaid pleadings trial Court, amongst others, framed issue No.3 which was as follows: Have the plaintiffs their alleged rights, title and interest in the land and if so, to what extent? 4. On consideration of the mat..Category: Civil Law | Date: | Hits: 86
....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
..
Category: Criminal Law | Date: | Hits: 103
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ...... case was initiated, continued and concluded after 1/11 (11.01.2007) i.e. during Emergency, when certain part of the Constitution including the provisions of enforcement and protection of fundamental rights was suspended and the flow of normal course of justice or rule of law was hampered directly o..Category: Criminal Law | Date: | Hits: 108
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......rket have sought to drink water there from and the Muslims who say prayers in the mosque nearby have sought to perform ablution in the same water. It is a serious matter to consider whether all these rights could be given to the differÂent sections of the community at one and at the same time. It i..Category: Property Law | Date: | Hits: 58
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......at process. According to him section 26 of the said OrÂdinance prescribes a special forum before which alone a dispute may be brought by means of an elecÂtion petition. He submits that the election rights are not common law rights that they are creation of the special statute, that these rights ar..Category: Election Law | Date: | Hits: 207
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, DhaÂka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......ion which appears to be defamatory, the Court after referring to a number of decisions of the Courts of Indian Jurisdiction, held in the relevant portion of the judgment thus:- "Having set out the rights and limitations of an accused and his advocate in regard to quotations 'per se defamatory' pu..Category: Criminal Law | Date: | Hits: 77
Abdul Majid Molla Vs. The Election Commission, Dhaka & others, 1989, 18 CLC (HCD)
....t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ......iew, is not attracted in the facts and circumstances of the case. In the result, the Rule Nisi is made absolute but without any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: ..Category: Election Law | Date: | Hits: 167
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....nction in full to the satisfaction of the Railway Authority and he having not found to be an undesirable person, serving unwholesome food to the ordinary citizen, his right to such service during his contractual period cannot be taken away without the due process of law, arbitrary and mala fide. It ...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..Category: Civil Law | Date: | Hits: 72
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
....nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ...... is no tangible material justifyÂing or sustaining such order of detention against the detenu and that he has been kept under unlawful deÂtention for months together in violation of the fundamental rights guaranteed by the Constitution of the People's Republic and also in violation of the mandator..Category: Criminal Law | Date: | Hits: 60
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