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Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... after more than seven months, the suit was instituted. 16. Under section 42 of the Specific Relief Act one is entitled to institute a suit for a declaration when his legal character or any of his rights to any property is infringed. The declaration sought for by the plaintiffs is that, they are ..Category: Civil Law | Date: | Hits: 148
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......rohibits transfer of the property or otherwise dealing with such property by any party to a suit or proceeding during the pendency of the suit or proceeding which is not collusive so as to affect the rights of any other party thereto. Such prohibition is absolute only subject to leave of the Court. ..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51.......ces were not the owners of the suit property, 37. We find two sisters Luna and Dana living in England are fighting their uncle. Shamsul Haque and, to some extent, father Mukhlesur Rahman for their rights in the suit property left by their mother, Farida Rahman. How greed and hunger for property a..Category: Property Law | Date: | Hits: 139
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....discharged without any order as to costs. The order of status quo granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 14....... Contract Act are applicable to it. 17. Relying on those decisions, Mr. Mahmudul Islam submits that if the offending provision is struck down, the agreement is not affected at all and that all the rights and obligations under the valid part of the agreement can be enforced. And, as such, the Lice..Category: Information Technology Law | Date: | Hits: 321
.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
......istan and others, respondents, reported in PLD 1997 (SC) 582 held, Courts, while interpreting laws relating to economic activities, view the same with greater latitude than the laws relating to civil rights such as freedom of speech, religion, etc. keeping in view the complexity of economic problems..
Category: Fiscal/Taxation Law | Date: | Hits: 81
.... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......rchase on 12th Chaitra, 1354 BS by a registered Kabala. But since the respondent No.4. Lacca Tura Tea Estate illegally took over possession and managed to record the same in its name in the record of rights, father of the petitioner filed Title Suit No.371 of 1963 in the First Court of Sadar Munsif,..
Category: Property Law | Date: | Hits: 95
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......luntarily renounces it or is guilty of some conduct involving loss of citizenship. Thus, onus of proving that a citizen of India has lost his citizenship is on the party seeking to deprive him of his rights as a citizen.” 23. The right of citizenship acquired by birth cannot be lost or destroye..Category: Immigration and Citizenship Law | Date: | Hits: 190
....ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......d in the Code are not applicable in case of dealing with civil disputes by the Deputy Commissioner in the Chittagong Hill Tracts. No power has been invested to the Deputy Commissioner to decide civil rights of the parties on taking evidence. A person or persons to constitute a ‘Court’ who must b..
Category: Civil Law | Date: | Hits: 89
Titas Gas Vs. Immense Washing Plant and others, 2001, 30 CLC (HCD)
....es of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Power and Energy and the Chairman of the Law Commission. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 471. ......with provisions for appeal to some specialised body as is available in other countries. This is high time for the Government to intervene and provide with some regulatory regime for protection of the rights of both consumer and supplier of the gas. In the result, this Rule is made absolute. No or..Category: Civil Law | Date: | Hits: 151
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......ce. It is on record that after purchase from Parul Bala by sale deed, exhibit No.5 Sufia Khatun got her name mutated and she possessed the suit land for some time on payment of rents and RS record of rights was also prepared in her name. Then, Sahabuddin possessed the suit land till he sold to the p..Category: Property Law | Date: | Hits: 75
Seastar Shipping Lines Ltd. Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....quality and quantity as was loaded from the loading port to a port in Bangladesh. Respondent Nos. 1 to 3 did not arrange for taking delivery of the cargo from the said vessel although they were under contractual obligation to do so. Rather surprisingly, the respondent No.2 by order dated 15-7-1999 v......te of receipt of this order. A copy of this order be sent forthwith to the Prime Minister’s Secretariate and the Ministry of Food. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 449...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ......arative strength must be looked into on the basis of claims of the plaintiff made in application for injunction whether the use of offending mark by the defendant is likely to infringe the Trade Mark rights of the plaintiff. 12. In the case before us, the learned Additional District Judge kept hi..Category: Intellectual Property Law | Date: | Hits: 230
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ...... with a foundation of a 22-storied building in accordance with the sanctioned plan and transferring the entire spaces up to 10 floors to different organisations, besides the monetary involvement, the rights of the petitioners to enjoy the property is lawfully vested in them and those rights cannot b..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ......of such burn injuries on 3‑2‑1998 in the house of her parents at Dattapara in Kalikachcha. 40. On 24‑1‑1998 the informant Aksir M Chowdhury, an Advocate of the Brahmanbaria Bar and a human rights activist, lodged a first information report saying that the condemned prisoners killed her by..Category: Criminal Law | Date: | Hits: 49
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......e Government of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri 21 DLR (SC) 1—PLD 1969 (SC) 14. The Constitution having highlighted the rule of law and the fundamental human rights and freedom in the preamble of the Constitution, and personal liberty being the subject of ..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ...... is found genuine. Under this provision, if one of the several co-owners transfers his share, the transferee stands in the shoes of the transferor. He acquires as against the other co-owners the same rights that of the transferee had, and is subject to any conditions affecting the share at the date ..Category: Property Law | Date: | Hits: 127
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....t which right had been mortalised by the law of limitation. Mr. Hasnat further submitted that the law of limitation is not meant to facilitate loan defaulters or guarantors to thrive by dodging their contractual obligations, and hence the legislators introduced an additional safety valve by insertin...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ..Category: Banking Law | Date: | Hits: 215
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......vested with the petitioner free from all encumbrances. As per provision of section 81 of the State Acquisition and Tenancy Act, the Government may lease out any land for any particular period and the rights and liabilities of such a lease shall be governed by such terms and conditions as may be set ..Category: Property Law | Date: | Hits: 84
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......y have to look to the provisions of the new Act, but only for the purpose of determining whether they indicate a different intention. The question is not whether the new Act expressly keeps alive old rights and liabilities but whether it manifests an intention to destroy them. Section 6 of the Gener..Category: Civil Law | Date: | Hits: 174
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ......or the subsequent emergence of Bangladesh as a sovereign Republic and thereafter, the nationalisation of the company itself but the learned Advocate asserts in order to decide the title and the legal rights of the parties one has to travel back to their own respective rights and obligations as on 13..Category: Business or Commercial Law | Date: | Hits: 194
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