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Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......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: Constitutional Law | Date: | Hits: 181
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ...... interferes with landlords right to property and freedom of contract only for the limited purpose of protecting tenants from misuse of the landlords power to evict them, by asserting their superior rights in property or trying to exploit their position by extracting too high rents from helpless an..Category: Tenancy Law | Date: | Hits: 210
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ...... no estoppel against statute. Petitioners by their consent or participation in election cannot legalise or condone an illegality. There cannot also be any question of waiver by the petitioners of the rights of others. The right of fair election is not a private right but a public right. No question ..Category: Election Law | Date: | Hits: 105
Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)
....el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......appears that even if the alleged practice is prevailing, as aforesaid, this court finds no basis for such practice and therefore, this Court notes that such a practice cannot be prevailed against the rights of the litigant public. Therefore, there is no reason to refuse to issue certified copy of th..Category: Admiralty Law or Maritime Law | Date: | Hits: 191
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ...... applied are not in doubt. 33. The principle is as stated in Maxwell on the Interpretation of Statutes, Twelfth Edition at page 221: “If the necessary intendment of a statute is to affect the rights of parties to pending actions, the Court must give effect to the intention of the legislature..Category: Tenancy Law | Date: | Hits: 135
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ...... fit, he is entitled to obtain re-employment under the provision of Rule 389 of the BSR Part I. The learned Advocate contends that the Public Service Retirement Act, 1974 has no implication upon such rights of the petitioner as the same is not applicable in the case of the petitioner and as such the..Category: Employment/Service Law | Date: | Hits: 70
.... in the order dated 13-7-1995 passed by learned Assistant Judge.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (2000) 614.......dvocate appearing on behalf of the opposite party No.1 submits that the people of the locality used the suit land from time immemorial for their recreational purposes and, as such, they have easement rights over the aforesaid field which have illegally been violated by the defendants, giving rise to..
Category: Civil Law | Date: | Hits: 94
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......imitation therein as has been contended. Secondly, the argument is fallacious in view of the fact that under the provisions of the Standing Orders Act what was barred was the remedy under it, but the rights secured to a worker under section 19 were not extinguished. There is a great distinction betw..Category: Labour and Industrial Law | Date: | Hits: 140
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......etitioner failed to exhaust the alternative remedy available in the Contract Agreement. It is well settled that when the parties enter into a clear, unambiguous and express contract creating mutual rights and obligations, the parties are bound by it and the extraordinary jurisdiction of the High..Category: Others | Date: | Hits: 118
....nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
......title and possession in the suit land by taking pattan of the same from the Moharaja of Muktagacha with a further prayer for direction upon the concerned Tahsilder to record his name in the record of rights since he is in peaceful possession of the suit land but his name was not recorded. The learne..
Category: Limitation Law | Date: | Hits: 165
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......he proceeding but lost during the proceeding; Cf: Chandra Kumar Vs. Abdul Motaleb, 19 DLR (SC) 36 and Mofizuddin Patwari Vs. Abdul Hakim and others, 33 DLR (AD) 305. 25. Secondly, if the record of rights is changed by way of mutation in accordance with the procedure laid down in law by a valid or..Category: Property Law | Date: | Hits: 69
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......s upon the usage of the Prophet. If that also fails, then one should follow Ijma and finally, his own reasoning. 15. Under the Mohammedan Law, marriage is a civil contract and not a sacrament. The rights and obligations are created immediately on contract of marriage. Even after divorce, namely c..Category: Family Law | Date: | Hits: 214
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
.... 124. On further appeal to the House of Lords by the sellers, [19821 2 Lloyd's Law Report 01, Lord Diplock wrote his opinion for the House: "To this general statement of principle as to the contractual obligations of the confirming bank to the seller, there is one established exception; th......ata Bank and others, unreported, CP No. 70 of 1988 decided on 21‑6-1988. 92. On the learned deliberations of senior members of the Bar, we shall have to first find the law to determine the rights and obligations of the parties involved in the transactions. 93. In all the cases, the..Category: Business or Commercial Law | Date: | Hits: 289
Md. Turan Miah and others Vs. Anguri Bibi and others, 2010, 39 CLC (HCD)
....the above, we find no substance in the submissions of the learned Counsel for the appellants. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 100. ......saddar Ali possessed the suit land by planting trees and bamboos and died 24 years back leaving behind the plaintiffs as his heirs who recent in the year 1982 came to know about the wrong record of rights in the names of defendants and on approach by them; Majar Ali, the proforma defendant No.25 e..Category: Property Law | Date: | Hits: 74
.... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......, the writ petition is liable to be discharged. The petitioner No. 1 being a limited company is not an aggrieved person within the meaning of Article 102 of the Constitution to invoke the fundamental rights as guaranteed under the Constitution. The petitioner cannot invoke Writ jurisdiction on the d..
Category: Business or Commercial Law | Date: | Hits: 251
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
.... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ......nment is empowered by section 41 of the Forest Act, 1927 to make Rules and the Rules made there under, namely, Saw-Mills (Licence) Rules, 1998 is fair, reasonable and not violative of the fundamental rights and it was framed under the lawful authority and the respondent No.2 has lawful authority to ..Category: Environmental Law | Date: | Hits: 551
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ....... 17 of 1988 in the local Upazila Magistrate Court. During the prosecution of the case, defendant No. 1 declared that he had title and possession in the suit land, which was recorded in the record of rights in the name of his father Hashem Ali. The plaintiffs also came to know that Hashem Ali obtain..Category: Property Law | Date: | Hits: 79
.... Let a copy of this judgment be communicated to the respondents to take necessary steps in the light of our judgment, in accordance with law.
Ed.
This Case is also Reported in: 58 DLR (2006) 441.......e petitioners' prayer for a declaration that the impugned project has been undertaken without lawful authority and is of no legal effect; and unconstitutional as being in violation of the fundamental rights of the petitioners as guaranteed under Articles 27, 31 and 32 of the Constitution. There was ..
Category: Environmental Law | Date: | Hits: 484
.... land of the petitioner with their own costs and responsibility within 3(three) months from the date of receipt of the copy of this judgment.
Ed.
This Case is also Reported in: 58 DLR (2006) 405.......ecessary permission from the Appropriate Authority of Savar Cantonment and that the writ petition is not maintainable as the respondents did not violate the Rules and regulations and also fundamental rights of the petitioner as guaranteed by Articles 27 and 31 of the Constitution and, as such, the R..
Category: Others | Date: | Hits: 146
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397.......port to the Director of Land Records on 6-4-2001 whereupon the Director of Land Records (respondent No. 1) directed the Zonal Settlement Officer, Jessore to make necessary correction of the record of rights under Rule 42A of the Tenancy Rules, 1995 vide memo dated 10-7-2001 (Annexure C). Pursuant to..Category: Property Law | Date: | Hits: 62
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