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Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)

....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......AIR 1949 (Lahore) 131 (155) Munir, CJ delivering, judgment of the Full Bench observed: "There can be no disobedience of a void order, as such order in the sense of an order determining the parties rights or liabilities, does not exist in law and unless the order is binding on a party, he is at li..

Category: Criminal Law | Date: | Hits: 88

Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)

....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......li Hossain received the receipt from the labourers for re-excavation of the tank. That Ali Hossain was literate person and acted as "Karjakark" on behalf of all family members. That in R.S. record of rights the tank was recorded in the names of Abdul Razzak and others- sons of Abdul Aziz, and Faruk ..

Category: Property Law | Date: | Hits: 77

AKM Mizanur Rahman and others Vs. The Chairman and Adminis­trator, Chittagong Municipal Corporation and others, 1991, 20 CLC (HCD)

....oceed with the construction on the aforesaid drain‑passage further. The rule is, accordingly, made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 331.......plex in question will diminish the value of the building and the residents of the area including the petitioners will be also put under inconvenience and disadvantage by curtailment of their existing rights. We find force in the contention. We hold on the strength of the authoritative judicial prono..

Category: Property Law | Date: | Hits: 58

Mahinuddin (Md) and others Vs. Controller of Examination, Dhaka University and others, 1991, 20 CLC (HCD)

.... lawful authority and the same are of no legal effect. In the result, both the Rules are made without however any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 292....... "Maxim: audi alteram partem" No man shall be condemned unheard" applies to judicial as well as administrative bodies, specially where the proceedings taken may affect the person or property or other rights of the parties concerned in the dispute". Even if the proceedings before the Syndicate were n..

Category: Others | Date: | Hits: 153

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

....n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ......ents and orders as at Annexures O and N of the two Revenue Officers, respondent Nos. 1(a) and 2 respectively, passed under the Tenancy Rules, 1955 during the preparation and revision of record‑of‑rights under section 144 of the State Acquisition and Tenancy Act in respect of certain lands of mou..

Category: Property Law | Date: | Hits: 125

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......ncern to secure its liability to the Sangstha. (2) Any transfer of property made by the Sangstha in exercise of its powers of sale or realisation under clause (1) shall vest in the transferee all rights in or to the property transferred as if the sale had been made by the owner of the property a..

Category: Company Law | Date: | Hits: 193

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ......ent in consideration of IPDC agreeing to subscribe to shares in the appellant No.1 under the share pur­chase agreement dated 09.10.2007 and the buy-back agreement arises out in connec­tion with the rights and obligations of the parties to the share purchase agreement. The learned Counsel submitted..

Category: Civil Law | Date: | Hits: 78

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646....... must lean against giving a statute retrospective operation on the presumption that the legislature does not intend what is unjust. It is chiefly where the enactment would prejudicially affect vested rights or the legality of past transactions or impair existing contracts, that the rule in question ..

Category: Property Law | Date: | Hits: 70

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ...... "Quicquid plantatur solo, solo cedit" is a rule of considerable antiquity. Under the maxim whatever is affixed to the soil becomes, in contemplation of law, a part of it and is subjected to the same rights of property as the soil itself. But this maxim has been considered to be inapplicable to our ..

Category: Property Law | Date: | Hits: 110

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ......ect open voting system for the election of the President of the country. The learned Counsel submits that the President's Election Act which has provided for open voting has curtailed the fundamental rights of the members of the Jatiya Sangsad (Parliament) and destroyed the sanctity of election. He ..

Category: Constitutional Law | Date: | Hits: 229

Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)

....State and loses the classified protection as under Article 149 of the Limitation Act. None of the functions of the State and its Government are non‑sovereign functions, be it economic or political, contractual or statutory except in a case where the persons doing the state function steps beyond th...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ..

Category: Civil Law | Date: | Hits: 87

Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)

....e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......mily Court after hearing Family Court Suit No. 1 of 1988 filed by the petitioner analogously with Family Court suit No. 1 of 1989 filed by the husband opposite party No. 1 for restitution of conjugal rights decreed the suit filed by the wife petitioner in part allowing claim for prompt dower of Tk. ..

Category: Family Law | Date: | Hits: 210

Sattar Match Works and others Vs. Bangladesh Chemical Industries Corporation and others, 1990, 19 CLC (HCD)

....ith Sattar Match Works. With the above direction and observation this application is disposed of but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 532. ......e applications made by different persons are identical or nearly resemble each other in respect of the same goods or description of goods, the Registrar may refuse to register any of them until their rights have been determined by a competent Court." 18. The above sub‑section (2) is very import..

Category: Intellectual Property Law | Date: | Hits: 264

Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)

....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......Code was enacted the Civil Court possessed powers of the kind mentioned in the Civil Procedure Code. It possessed these powers because the Civil Courts has jurisdiction to determine and protect civil rights and for the protection of those rights the exercise of such powers is essential." 15. Nex..

Category: Admiralty Law or Maritime Law | Date: | Hits: 240

Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)

....t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......t. In this context, it is pertinent to observe, keeping in view the scheme of the law, which is enacted to create a good relation between the employees and the employer and to secure their respective rights, that the fight of the employer to take an action under section 6 of the Act as has been take..

Category: Labour and Industrial Law | Date: | Hits: 129

Siddique (Md) Vs. State, 1992, 31 CLC (HCD)

....e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......fically prescribed and trial is held in absentia the pronouncements by the superior Courts, particularly by the Supreme Court, is laid down as a rule that nobody can be made to suffer any harm to his rights including those relating to property, person and reputation without giving him opportunity to..

Category: Criminal Law | Date: | Hits: 68

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......ociation". It has been argued that this recognition clause had put an impediment on the right of the citizen to form an association and therefore bad in law. It has been argued that in spite of those rights guaranteed by the Constitution government has taken those rights away illegally by notificati..

Category: Labour and Industrial Law | Date: | Hits: 204

Bangladesh Anjuman‑e­-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)

.... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ...... learned Advocate for the petitioner has submitted that the application is maintainable under Article 102 of the Constitution on the ground that the order of forfeiture has been made in violating the rights of the petitioner under Article 41 of the Constitution of Bangladesh, i.e. his right to profe..

Category: Constitutional Law | Date: | Hits: 204

Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)

....r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......under the Hydarabad Regulation which Regulation after the coming into force of the Constitution of India in January 1950 was declared void by the Supreme Court being inconsistent with the fundamental rights and it was held that the said law under which Mir Laik Ali and others were detained being dec..

Category: Criminal Law | Date: | Hits: 98

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......of appointment dated 15.2.72 marked Ext. 'N' appointing DW 1 M Mazammel Huq as Administrator of the said purchaser company treated as abandoned company should have been relied on to hold that all the rights and interests and possession of the purchaser company in the suit property under the said agr..

Category: Property Law | Date: | Hits: 69