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Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......at citizenship is distinct from nationality and their Lordships of the Appellate Division held in the case of Mirza Shahab Ispahani that citizenship is a creature solely of domestic law. It refers to rights which a state confers upon its national. Mention may be made in this connection to the follow..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. 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) 483. ......ivil Procedure. The learned Judge came to the aforesaid conclusion for the following reasons given by him; firstly, three types of decrees namely for specific performance, for restitution of conjugal rights or for injunction have been grouped together in sub‑rule (1) of rule 32, they being of simi..Category: Civil Law | Date: | Hits: 100
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ...... the often conflicting claims to land made by entities as co-operatives societies and private individuals and the circumstances in which in such scenarios any device at curtailing private ownership rights through the medium of the government may be discouraged. Finding against the very effort to a..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......he High Court Division and accordingly they are disposed of analogously. Respondent Nos. 1-4 instituted Writ Petition No. 7242 of 2009 seeking a direction upon the petitioners to mutate the record-of-rights "upon incorporating change of the ownership/possession of lands pursuant to the registered ..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....eill & Kilburn [33 DLR (AD) 298] 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......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..Category: Business or Commercial Law | Date: | Hits: 200
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....5-2-2007 for vacating the above Order of injunction. In submitting on that application the learned Advocate for BCIC Mr. MA Samad argued that timely shipment of the consignment was the essence of the contractual arrangement and that the supplier was accordingly requested to ensure supply/shipment wi......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..Category: Alternative Dispute Resolution | Date: | Hits: 172
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......ed statements of the plaintiff’s vendors, the plaintiff having claimed title through them, he stepped into the shoes of his vendors and therefore, he can not ignore those statements. Whatever rights he has acquired in respect of the suit lands are subject to what right his vendors had or lia..Category: Procedural Law | Date: | Hits: 76
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....on 8.2.2007 is argued by the learned Advocates for the Petitioner to manifest the emergence of a bilateral contract of variation. It is submitted that such extension given reflects an altered and new contractual arrangement with an entire new scheme of performance there under bearing no relation to ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..Category: Company Law | Date: | Hits: 203
....ed 11.12.88 are without lawful authority and are of no legal effect. The Rule is therefore made absolute without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 407.......ermination in accordance with law. The petitioner further stated that without determining the amount of dues filing of certificate is against the principle of justice and violative of the fundamental rights of the petitioner and prayed that pending determination of the amount of dues the notice issu..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......aw in force at the time of commission of the act charged as an offence and as such the Money Laundering Protirodh Ain of 2009 and the Metro Special Case No.126 of 2010 are in violation of fundamental rights guaranteed under Articles 44 and 35(1) of the Constitution and should be declared to have bee..Category: Civil Law | Date: | Hits: 238
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ......nt. Mr. SA Rahim, the learned Advocate, finds it difficult to support the view of the learned Subordinate Judge as to the applicability of section 6 of the General Clauses Act which provides that the rights and obligation if any created by a repealed act will continue unless a different intention is..Category: Employment/Service Law | Date: | Hits: 71
....ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
......42 of the S.R. Act in as much as the plaintiff has been occupying some establishments built on suit property and has been receiving a portion of the rental income of the suit property and that these rights as well as the title of the plaintiff has been lawfully declared in favour of the plaintiff. ..
Category: Property Law | Date: | Hits: 89
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626....... petitioner, it has been stated that Dr. Tureen Afroze was all through a brilliant student. She has been practising in the High Court Division since 2001. Since 2007, she has been involved with the rights and issues of energy consumers of Bangladesh. She was once engaged by the BERC to conduct t..Category: Employment/Service Law | Date: | Hits: 92
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......করা হল” should not be declared to have been passed without lawful authority and to be of no legal effect. 2. Admittedly this is not a petition for enforcement of any of the fundamental rights conferred by Part‑III of the Constitution of Bangladesh as contemplated under Article 102 (..Category: Constitutional Law | Date: | Hits: 165
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....ing in the Court of Upazila Munsif, Fulbaria, District Mymensingh. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 374. ......e two suits are not same. She contends that in the earlier suit filed by the petitioner the relief sought for was that the petitioner is the owner of the land in suit and preparation of the record of rights in the name of the Government under khas Khatian was wrong. In the subsequent suit also the r..Category: Property Law | Date: | Hits: 68
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......effect to. Before acquisition of the interests of the rent‑receivers and tenure holders or Taluks or rayati or the khas lands of the tenure holders or rent‑receivers, preparation of the record of rights is necessary. Thereafter, the compensation assessment roll is prepared and published in order..Category: Property Law | Date: | Hits: 96
....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 333.
....... The authority that has the power to make an order has also the power to undo it. But this is subject to the exception that whether the order has taken legal effect, and in pursuance thereof certain rights have been created in favour of any individual, such an order cannot be withdrawn or rescinded..
Category: Employment/Service Law | Date: | Hits: 155
Government of Bangladesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
....ecapulated the principle upon which writ jurisdiction can be invoked for each of contract as under: "(a) The contract is entered into by the Government in the capacity as sovereign; (b) Where contractual obligation sought to be enforced in writ jurisdiction arises out of statutory duty or so...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..Category: Business or Commercial Law | Date: | Hits: 267
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ......respondent No.1 will hand over all the documents which were also with the Pubali Bank as collateral security. On such undertaking given by the respondent No.1 the petitioner had transferred all their rights and interests namely, their shares in the aforesaid company in favour of the respondent No.1 ..Category: Company Law | Date: | Hits: 159
Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......t is a basic constitutional assumption underlying every statutory grant of power that the authority on which the power is conferred should act constitutionally and not in violation of any fundamental rights. 29. It is thus reasonably expected from a constitutional Government that it should act no..Category: Constitutional Law | Date: | Hits: 288
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