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Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ......yat in the holding become united in the same person by transfer, succession or otherwise, the occupancy right shall cease to exist but nothing in this sub-section shall prejudicially affect the rights of any third person. (2) If the occupancy-light inland is transferred to a ..Category: Property Law | Date: | Hits: 55
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......ended to be conveyed and (b) A document the registration of which is secured by the inclusion of non-existent, fictitious or insignificant/portion or item shall not in any manner affect the rights of, a person who was not a party thereto and acquired rights in the property without, ..Category: Property Law | Date: | Hits: 36
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....n three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 129. ......n 29 March, 1927 one Sarada Kripa Lala sold the suit properties to Dr. Beni Mohan Das who mortgaged them to the plaintiff-Bank on 31 March, 1927 for Tk. 75.000/- only and the latter transferred his rights, title and interest in the suit properties to Rangapani Tea Co. Ltd. Without mentioning..Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......nt moved the High Court Division but did not have the desired result. Thereupon the appeal was filed by Buxly Paints (Bangladesh) Ltd. It was argued in the appeal that the Government in which all the rights of the Buxly Paints (Pakistan) Ltd. in respect of the industrial unit concern as vested by op..Category: Property Law | Date: | Hits: 40
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ......cation of a notification under sub-section (1) of section 3, no rent-receiver specified in such notification shall, except with the previous permission of a prescribed authority transfer his rights and interests in any estate, taluk or tenure, to which such notification relates, by..Category: Others | Date: | Hits: 86
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......g of the appeal. This power must be exercised in the interest of and to further ends of justice. Contention of Mr. Chowdhury is that the application of this rule would mean the re-adjustment of the rights of the parties when the matter had already been settled. This contention over-looks the rule..Category: Property Law | Date: | Hits: 38
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......haka University Ordinance, 1961 (E.P. Ord. No. XXIII of 1961), is hereby repealed. (2) Notwithstanding the aforesaid repeal, anything done, action taken, obligation or liability incurred, rights and assets acquired, person appointed or authorised, jurisdiction or power conferred, endow..Category: Employment/Service Law | Date: | Hits: 69
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....mount of discretion to the court, so far as interest pendente lite and subsequent interest are concerned. It is no longer absolutely obligatory on the courts to decree interest at the contractual rate upto the date of redemption in all circumstances, if there be no question of...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..Category: Property Law | Date: | Hits: 28
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......argued that if in view of the gazette notification dated 10.7.1997, the post of kanungo is finally upgraded by implementing the pay scale, the respondents will not be in any way deprived nor their rights would be affected if the recruitments are made now before giving full effect to the abo..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......g barred under rule 9(1) of Order IX of the Code of Civil Procedure, writ being a civil proceeding vide 1970 PLD (SC) page 1. Writ Petition No. 322 of 1977 having been finally disposed of as to the rights of the two parties i.e. Bazlur Rahman and Abul Hashem Khan and such observation having been..Category: Property Law | Date: | Hits: 30
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......High Court, Sundaram Iyer in re. 1963-1 Mad LJ 133=AIR 1963 Mad. 217 (FB) was referred to in which it was held as follows: "Broadly and generally stated, the rule is that the rights of parties have to be determined and pronounced upon as on the date of commencement of the ..Category: Property Law | Date: | Hits: 56
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....urt Division in making the Rule absolute and directing mutation of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......s, Government of Bangladesh, to mutate the names of the respondents in place of late Md. Serajuddin, within 60 days from the date of receipt of the copy of the judgment, in the relevant records of rights of the Ministry of Works and all other records of the Government or wherever it is necessary..Category: Property Law | Date: | Hits: 35
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......ar nor followed the construction of the circular thereon. It made the administrative order as a matter of course instead of rule of procedure arbitrarily and as such, violated the binding rights of the petitioner and no right to depart from the circular at its own motion or sweet will...Category: Others | Date: | Hits: 87
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......s held that address of Gobinda Bairagi at 24 Parganas of West Bengal in the S.A. Khatian cannot take away his right from the suit property, as abandonment by him could not be established. Record of rights in the case reflects the correct state of affairs and reliance has been placed by the High ..Category: Property Law | Date: | Hits: 26
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ......he remaining area as rural. Thus, the impugned order is discriminatory and it has affected the political unit and systems of the people of the left out area in respect of exercising their rights as voters of Pourashava; that the territorial and geographical location of those six vi..Category: Property Law | Date: | Hits: 22
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......ty by a person and it is found that the plaintiffs left no stone unturned in acquiring the suit property. It is the case of plaintiffs that they possess the suit land but the recent record of rights has been wrongly prepared. It is settled principle of law plaintiff is to prove his own..Category: Property Law | Date: | Hits: 21
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....ere not entitled to the reliefs as prayed for as they were barred under Sections 26, 30, 31, 35 and 33 of the Employment of Labour (standing Orders) Act, 1965 and that the first parties being contractual workers, the provision of Section 34 of the Ordinance, 1969 was not applicable to ......ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ..Category: Labour and Industrial Law | Date: | Hits: 65
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....g of time the machinery lost the workable capacity, the defendants requested the plaintiff bank for further importation of machinery under BMRE but the plaintiff refused the proposal. It is a contractual obligation in the part of the plaintiff bank to extend financial assistance as and......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......ster is distinctly favourably to the retention by the Custodian of the property vested in him, and against anything resembling easy divestment. The Custodian is armed with large powers to protect the rights so vested in him. Any further rights created in respect of these properties by any other auth..Category: Property Law | Date: | Hits: 28
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ......and issued by the Ministry of Establishment amending Bangladesh Civil Service Recruitment Rules, 1981 by incorporating Rule 8(1) (dd) after Rule 8(1)(d) thereof being violative of their fundamental rights guaranteed under Articles 27, 29 and 31 of the Constitution on the following averments. ..Category: Employment/Service Law | Date: | Hits: 122
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