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Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ...... suit land was the excess khash land of the Shariatulla Waqf Estate which on being surrendered under the provisions of the State Acquisition and Tenancy Act vested in the Government and the record of rights was prepared in the name of the Government and that the plaintiffs' documents of purchase are..Category: Property Law | Date: | Hits: 68
Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......r 21 rule 35 of the Code of Civil Procedure. 10. Order 26 rule 13 of the Code of Civil Procedure authorises the Court to issue commission to make partition of undivided properties according to the rights declared by the Court in favour of the contending parties. Rule 14 Order 26 of the Code provi..Category: Civil Law | Date: | Hits: 66
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ...... lesser price was not justified, rather, was without any reason, that the reasons given by the defendant for canceling the tender was not correct since the plaintiff in exercise of his constitutional rights, on payment according to the market price, performed his part of the terms and conditions of ..Category: Civil Law | Date: | Hits: 82
Category: Employment/Service Law | Date: | Hits: 66
Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)
....le interpreting section 19(6) of the Industrial Disputes Act 1947 which is similar to section 40(2) of Industrial Relations Ordinance, 1969 held as follows: “After expiry of the specific period contractually or statutorily fixed as the period of operation of an award or settlement, the same do......rd or the settlement after the period of expiry, any of the parties to the settlement is at liberty to negotiate the terms which was the subject matter of the settlement but it does not mean that the rights and obligations arising out of the settlement or rights and obligations flowing therefrom are..Category: Labour and Industrial Law | Date: | Hits: 168
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......stitution and the provisions of Article 35 (3)(5) and Article 37 of the Constitution of Bangladesh. He submits that in the instant case there is a total violation of the provisions of the fundamental rights as guaranteed to a citizen of this country in the Constitution of Bangladesh. Even he has ref..Category: Criminal Law | Date: | Hits: 97
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......e petitioner is the only manufacturer, importer, marketer and distributor of among others 21 (twenty one) branded finished products to Bangladesh, therefore, it is a violation of it's fundamental rights guaranteed under articles 31 and 40 of the Constitution of the People's Republic of Banglades..Category: Fiscal/Taxation Law | Date: | Hits: 168
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ...... under section 19(1) of the East Bengal State Acquisition and Tenancy Act, 1950 in objection Case No.139 dated 15.10.1980 objecting the entry of the name of the respondent No.2 in the draft record of rights. The objection was not allowed. 4. Being aggrieved the petitioners and others filed an app..Category: Property Law | Date: | Hits: 73
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......ted the decision in the case of Mohammad Alam and 3 others Vs. State, reported in 19 DLR (SC) 242 where their Lordships observed that: "When the law is altered during the pendency of an action the rights of the parties are to be decided according to the law as it existed when the action was begun..Category: Criminal Law | Date: | Hits: 58
Category: Property Law | Date: | Hits: 89
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......or obtaining remand so that the members of the bar engaged by the accused are in a position to appear and represent the accused and oppose grant of remand." 32. Our Constitution in its fundamental rights (Article 33) regarding safeguard as to arrest and detention of a citizen also provided for pr..Category: Criminal Law | Date: | Hits: 87
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
.... man. Therefore lawful in extreme old age after hope of offspring has ceased and even in the last or death illness.” 12. The Mohammedan Law does not insist upon any particular form in which the contractual performance should be effected or that “the union should be evidenced by any writing, ......nly renders it invalid which is ‘cured by consummation’. A marriage contract, it is stated, as a civil institution, rests on the same footing as other contracts. The parties retain their personal rights against each other as well as against strangers; and, according to the majority of the school..Category: Family Law | Date: | Hits: 318
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......s or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of this Constitution. (2) The High Court Division may, if satisfied ..Category: Property Law | Date: | Hits: 75
Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)
.... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ......and payment of compensation at the market rate. The Ordinance is required to be expounded liberally in favour of the citizen whose land is acquired and strictly against the Government. When statutory rights of an exceptional character have been created the conditions prescribed by the statute for ex..Category: Property Law | Date: | Hits: 93
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ...... It has also provided for a remedy under Order 9, rule 13 CPC against an ex parte decree. The special law has made a distinction between the plaintiff and the defendant in respect of their respective rights against the judgment and decree passed by an Artha Rin Adalat. In the case of a defendant the..Category: Civil Law | Date: | Hits: 96
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......ssertion of his title to the exclussion of other co‑sharers of his vendor openly, notoriously and continuously denying title of such co‑sharers by mutating and recording his name in the record of rights and paying rent separately the same will amount to ouster of such co‑sharers and such posse..Category: Property Law | Date: | Hits: 55
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156......."It is open to 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 an appropriate case in the interest of j..Category: Civil Law | Date: | Hits: 93
Category: Property Law | Date: | Hits: 92
Category: Trust/Waqf Law | Date: | Hits: 183
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......use the principle of natural justice has no fixed content. Observance of the rule of natural justice is definitely an indispensable rule of proactive whenever a decision is taken affecting a person's rights but such rule cannot have application where the person has acquired no right to the office. T..Category: Employment/Service Law | Date: | Hits: 204