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Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....uestion to be decided is one of fact, it does not involve an issue of law merely because documents, which were not instruments of title or contracts or statutes or otherwise the direct foundations of rights but were really historical material, have to be construed for the purpose. There is no g..Category: Property Law | Date: | Hits: 50
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....pen or underhand dealing with any person or persons whatsoever in respect of Birla Brand materials for Bangladesh during the subsistence of the appointments/contracts/agreements and the contractual rights of the plaintiffs, for the decree declaring that all transactions made and actions taken by..Category: Business or Commercial Law | Date: | Hits: 100
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....without prejudice to the provisions of either section 39 or section 40. The fact that recourse has been had to the provision of section 39 or 40 does not preclude the bank from resorting again to its rights under section 41 to recover its dues as arrears of land revenue." The aforesaid observatio..Category: Banking Law | Date: | Hits: 117
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....eing an Advocate and a concerned member of the civil society felt that the issues raised in the writ petition having constitutional ramifications and affecting public interest and fundamental rights of the citizens this Division should be moved and hence filed the instant petition for leave..Category: Others | Date: | Hits: 97
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....iled under Article 102 of the Constitution challenging the judgment of the Artha Rin Adalat without making any case covered under the aforesaid Article not to speak of any ground touching fundamental rights of the petitioner. As a result, the superior Courts are wastage of public time which should b..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....rlier proceeding on the same facts. If the petitioner can establish a case of double jeopardy on facts he can invoke the law under which he is proceeded against which cannot be opposed to fundamental rights and the Tribunal is competent to enforce the statute. The matter, arising from a departmental..Category: Constitutional Law | Date: | Hits: 159
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....y consideration." 12. In the same volume at page 638 it has been stated that "acquiescence" in its proper legal sense implies that a person abstains from interfering while a violation of his legal rights is in progress and further that "Acquiescence operates by way of estoppel. It is acquiescence..Category: Property Law | Date: | Hits: 47
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....itional District Judge, Comilla by his judgment and decree dated 23.3.79 passed in Title Appeal No. 156 of 1974 reversed the judgment and decree of the trial Court on the finding that the record of rights stands in the name of Surya Kumar and admittedly the appellant had no title to the suit land ..Category: Tenancy Law | Date: | Hits: 169
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....nd Orders and Rule 4(4) of Order 32 of the Code of Civil Procedure and such appointment being illegal and without jurisdiction, the Rule ought to have been made absolute for the protection of rights/ interests of the minors and also for ends of justice; in the case of Bhagoban Das vs. Mahad..Category: Property Law | Date: | Hits: 28
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....lt of respondent No.3 therein if any, and thus direction to return share of the petitioner herein to the respondent-petitioner herein is illegal, without jurisdiction and violation of fundamental rights of the petitioner. The learned Counsel further submitted that the High Court Division passed ..Category: Banking Law | Date: | Hits: 185
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....lice and dislodging them and taking some of them to the Kashimpur Vagrant Home in the name of rehabilitation should not be declared to be taken 7 done in violation of their fundamental rights as to residence, profession, trade, calling etc. and why their confinement in Vagr..Category: Constitutional Law | Date: | Hits: 150
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....er as conferred by Order 40, rule 1 CPC should therefore be sparingly used; the provisions for the appointment of a receiver is to be considered as one of the rarest remedies for the enforcement of rights to property; but in the present case the learned Joint District Judge failed to appreciate ..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....o.965 and 966 dated 30.10.1970 were forged and created since the plaintiff did not execute and register the documents. The documents are, therefore, void-ab-inito. The deeds have never affected the rights of the plaintiff. The plaintiff was, therefore, not required to seek any declaration either ..Category: Property Law | Date: | Hits: 28
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....dul Islam and his wife Gulshan Begum during survey under the State Acquisition and Tenancy Act, 1950 in plot Nos.298/302 and 298/303 appertaining to S.A. Khatian Nos.196 and 197. Such record of rights published sometime in 1964. On the basis of such record of right the plaintiff possessed th..Category: Property Law | Date: | Hits: 75
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....tial, voluntary, autonomous association of members. 32. The analogy or similarity between the District Board and the Red Crescent Society is no doubt not that striking, but in both the cases the rights of the members flow from a statute and not from the fundamental right of association that cit..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ers. Right to seek election to a Union Parishad is neither a common law right, for the enforcement of which a Civil Court may come forward, nor is it a constitutional right, such as the Fundamental rights, as described in Chapter IV of our Constitution, for the enforcement of which writ jurisdic..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....entative for all purposes and all the properties of the deceased person vested in him as such. So the respondent is not without any remedy for the execution of the decree. Section 53A creates no real rights. It is estoppel between the proposed transferee and transferor which shall have no operatio..Category: Property Law | Date: | Hits: 80
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....ee. The decree to be executed is the decree of the trial court, and when the appeal is decided, one of the two parties has to inform the Court as to what has happened in the appeal, so that the rights of the parties as determined by the higher court may be enforced. If the effect of the deci..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....akistan Vs. Meajan Ali Ahmed and 15 others reported in 18 DLR (SC) 343 it has been held "once time limited by law has expired, the party which is out of time must, particularly in a case where vested rights have been assured through lapse of time, account for every day of delay". In the above case t..Category: Limitation Law | Date: | Hits: 205
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....on to hear and determine applications made by any person in the service of the Republic or of any statutory public authority in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in relation to him as a person in the service of the Repu..Category: Employment/Service Law | Date: | Hits: 84