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Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....tion 6 of the said Act. 15. The further case is that initiation of the instant L.A. Case for acquisition of the land of the petitioner is absolutely illegal and violative of her fundamental rights of worship and is contrary to the provision of Acquisition and Requisition of Immovab..Category: Property Law | Date: | Hits: 31
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
.... respectively covering an area of 5061/4 acres and 168% acres of land in schedule K of the plaint; Golak died leaving wife named Gunamala and Ramgati died leaving only son Gobinda and D.S record of rights was rightly prepared in the names of Gunamala and Gobinda; after the death of Gunamala, Mah..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
....enjoy less facilities depriving them of the privilege of equality of opportunity in respect of their employment and in the service of the Republic and thereby infringing their valuable fundamental rights and as such they sent several representations to the concerned authority for addressing the ..Category: Employment/Service Law | Date: | Hits: 69
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....k the suit on remand directing the trial Court for disposal of the suit on the basis of the said observation. Learned Counsel in elaborating the above submission contended that in a partition suit rights and liabilities of the parities concerned are conclusively determined by preliminary de..Category: Procedural Law | Date: | Hits: 86
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....1967. Ultimately the property was released from the list of enemy property on the prayer of the plaintiff, Amal Kumar Moitra, However, continued in possession of the House and in the recent record of rights the name of Shanti Sudha Moitra was mentioned. This having cast doubt in the title of the pla..Category: Tenancy Law | Date: | Hits: 142
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... of 1972) 4. Vesting of abandoned property.– where before the commencement of this regulation, any property, or the prosecution, control, management administration or other rights of, or in respect of, anyproperty, has been or is purported to have been taken over under t..Category: Constitutional Law | Date: | Hits: 307
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....er of transfer dated 20-8-2000 as corrected by order dated 28-8-2000 (Annexure-E to the writ petition) pursuant to the impugned section 8 of the Act 20 of 2000 is also violative of the fundamental rights of the writ-petitioner as guaranteed under Articles 27, 28 and 31 of the Constitution render..Category: Constitutional Law | Date: | Hits: 133
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....west coast during World War II and their confinement for three years "in Tar-Peper barracks fenced by barbed wire and guarded by armed soldiers" for "military necessity". Suspension of Constitutional rights had to be sanctioned by the Court during war time. Judges probably remembered the Roman sta..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....o jurisdiction under Section 561A of the Cr.P.C. to issue a suo moto Rule upon the petitioner. 15. The High Court Division by the impugned order has infringed upon the fundamental rights guaranteed to the citizens of the country under Articles 37 and 38 of the Constitution..Category: Criminal Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....f England, Third Edition, Volume IA at page 638 wherein it has been stated the acquiescence in its proper legal sense implies that a person abstains from interfering while a violation of his legal rights in progress and that acquiescence operates by way of estoppel. It is acquiescence in such ci..Category: Fiscal/Taxation Law | Date: | Hits: 107
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....f the appellants after ascertaining the same on proper verification. 11. He questioned, when the High Court Division itself found that the action taken by the respondents to the deprivation of the rights of the appellants has been declared to be without lawful authority, there was no room for the..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....rn,4th Edition). Property: "The right to possess, use and enjoy a determinate thing (either a tract of land or a chattel); the right of ownership; Any external thing over which the rights of possession, use and enjoyment are exercised" (Black's Law Dictionary, 7th Edition)...Category: Civil Law | Date: | Hits: 216
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
.... 1982. So from 1926 to 1939 Ram Prosad Muchi's position was that of a tenant at will; his interest in the suit land was not transferable, nor heritable, nor was it capable of being bequeathed. Such rights were conferred on a non-agricultural tenant, for the first time, under section 7 of the Non-A..Category: Property Law | Date: | Hits: 38
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
.... potable water and adequate sanitation. 20. The Committee has further discussed that the legal obligations on States (under para 33) to respect, protect, fulfill their duties to secure rights and that these include administrative, judicial and other promotional measures for realisati..Category: Environmental Law | Date: | Hits: 255
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
.... 6. As it appears the High Court Division discharged the Rule holding that it is settled principle of law that no injunction should generally be granted against co-owners as all co-owners retain rights over every inch of the land until the same is partitioned by metes and bounds but injunction..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... land of rent receivers were acquired on the publication of the compensation assessment roll made under chapter V of part IV of the Act. Part V of the Act, which contains provision relating to the rights and liabilities of the tenants under the government after the elimination of all kinds of re..Category: Property Law | Date: | Hits: 34
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....mance of contract in favour of the said defendants, that after passing of the compromise decree dated April 28, 1993 the agreement dated June 17, 1987 between the parties became inoperative and the rights and liabilities of the parties would be governed by and determined with reference to the com..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n as to whether Revenue Officer, herein Additional Deputy Commissioner (Revenue), is competent under the provision of the State Acquisition and Tenancy Act to make correction in the record of rights maintained under section 143 of the State Acquisition and Tenancy Act, 1950 (the Act). Provi..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....te Acquisition and Tenancy Act the suit land was wrongly recorded in the name of the respondent, whereupon an application was filed on behalf of the appellants for correction of the record of rights under section 143 of the State Acquisition and Tenancy Act, that the Additional Deputy Commi..Category: Property Law | Date: | Hits: 36
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....arred by limitation and the submission that the learned Judges of the High Court Division erred in law in holding that refusal to extend time to the writ petitioner is violation of fundamental rights guaranteed under Article 27 of the Constitution inasmuch as the right guaranteed under Artic..Category: Banking Law | Date: | Hits: 124