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Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
.... respondent No.1 promulgated the Public Safety (Special Provisions) Act, 2000 and the appellants have challenged the said law in writ petition as being ultra vires the Constitution and fundamental rights of the appellants guaranteed under Articles 27, 31, 32 and 35 of the Constitution of the Peo..Category: Criminal Law | Date: | Hits: 43
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....dant's possession since 1994 and the suit was filed in 1998. Thus the plea of defenÂdant Nos.1 and 3 as to adverse possession falls the ground. The plaintiff was paid rent in supported of record of rights in their names. 7. The High Court Division under the cirÂcumstances rightly held that The..Category: Property Law | Date: | Hits: 21
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....elivery of possession of the suit lands to the plaintiff-petitioners since 1961 and that the plaintiff-petitioners having full right, title, interest and possession in the suit lands requires their-rights, title, interest and possession to be declared in the schedule-1(Ka) lands to get awar..Category: Property Law | Date: | Hits: 25
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... recorded in the name of the Government the predecessors of the plaintiffs filed Title Suit No. 48 of 1965, Title Suit No. 18 of 1974 and Title Suit No. 567 of 1980 for correction of the record of rights and the said suits were decreed and in terms of said decree the predecessors of the plaintif..Category: Property Law | Date: | Hits: 28
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....not able to go to Courts or Tribunals either to institute legal proceedings or to defend them so as to comply with directions issued by Courts or Tribunals and as a result many claims and legal rights have become time-barred and many legal proceedings have been disposed of ex parte or in d..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....t No. 64 of 1996 decreeing the same against the defendant Nos. 1-9 on contest and ex parte against the rest declaring the title of the plaintiffs in respect of the land in suit and that the record of rights, i.e. SA and RS khatians, prepared in the name of defendants' predecessor Abu Sufian was wron..Category: Property Law | Date: | Hits: 33
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....rity and jurisdiction to take away the vested right of the plaintiff from the property under Article 42 of the Constitution of the People's Republic of Bangladesh which is the guaranteed rights of the plaintiff to the property. 5. It appears from the record that the land was lea..Category: Property Law | Date: | Hits: 25
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
.... 5. We are fully in agreement with this view expressed in Local Government Code vs. Arlidge 1915 A.C. 120 (at 138). The Civil Procedure Code deals with procedural matters and not substantative rights. The procedural laws are grounded on principles of natural justice. It is true that whe..Category: Property Law | Date: | Hits: 23
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....th. Furthermore, the petitioner has failed to place any material before as to show that the amendment is not in accordance with law or ultra-vires to the Constitution as well as the fundaÂmental rights of the citizens as guaranteed in the Constitution." In the aforesaid premises, we..Category: Environmental Law | Date: | Hits: 516
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
.... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ..Category: Property Law | Date: | Hits: 67
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....1990 in section 2(Ka)(9). Secondly, the learned respondent No.1 Court considered the Artha Rin Adalat Act, 1990 to be a special procedural law rather than a substantive law affecting the rights of the parties. It was submitted that where parties have agreed that a foreign law gov&..Category: Civil Law | Date: | Hits: 96
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....to make the court apparently powerless to issue an injunction as prayed for. By such action of the defendants the matter assumed a new character and it ceased to be a matter concerning merely private rights. It became a matter concerning public policy relating to administration of justice. It is the..Category: Property Law | Date: | Hits: 31
Government of Bangladesh & others Vs. Jahangir Alam & othÂers, 2007, 36 CLC (AD)
....e writ respondents issued the impugned orders causing recruitment of personnel in various posts in Phase-II of the Project by inviting applications for appointment in the news papers affecting the rights of the writ petitioners to be absorbed in Phase-II of the Project and also to be transferred..Category: Constitutional Law | Date: | Hits: 146
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....stered deed of lease dated 04.06.1960. Nazir Mohammad while in possession sold the same to one Md. Safi by a registered kabala dated 17.04.1964. Md. Safi got his name mutated in the record of rights. Thereafter, Md. Safi entered into a contract to sell the building and delivered possession ..Category: Property Law | Date: | Hits: 27
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....he homestead of the defendants and 2 kabalas in the year 1959 in respect of the suit land against consideration; even if the proforma defendant No.4 is considered as ostensible owner even then the rights of the defendant Nos. 1-3 are protected by law; the S.A. record of right finally publis..Category: Property Law | Date: | Hits: 63
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....on the case of Abdul Wadud vs. State reported in 48 DLR (AD) 06 may be referred to. In that case it was held that if a statute deals merely with the procedure in an action, and does not affect the rights of the parties, it will be held to apply, prima facie, to all actions pending as well as fut..Category: Criminal Law | Date: | Hits: 96
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....ner submits that on 26.10.1988 the parties entered into an agreement exhibited as exhibit-1 containing clause No. 1 wherein it was clearly stated that the plaintiffs transferred the possessory rights of the suit premise to the defendants petitioners for an amount of Tk. 3,00,000.00 (three l..Category: Property Law | Date: | Hits: 35
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....s Shariat and at their instance the defendant No.1 the Additional Deputy Commissioner (Rev), Rangpur, by order dated 13.03.84 passed in Misc. Case (Shariat No.9 of 1983-84) cancelled the record of rights and declared the suit land as government khas land and directed the defendant No.2, the Than..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....ager Hossain, son of late Nuruzzaman, out of the same address and as such the spelling, by variation of two letters, has not affected the genuineness and merit of the Sale Deed No. 5666 or the rights of the parties and the lower appellate court has rightly set aside the judgment and decree o..Category: Civil Law | Date: | Hits: 83
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....rder dated 09.01.1963 passed by the Assistant Settlement Officer, Khulna in Objection Case No. 808 under section 19(1) filed by the defendant Khandker Ansar Ahmed against the preparation of record of rights. It shows that record of rights was not prepared in the name of defendant’s predecessor but..Category: Property Law | Date: | Hits: 34