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Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
.... petitioners challenged the aforesaid memo stating, inter alia, that the orders were violative of their vested right enshrined in the Service Rules of the TCB and also violative of the fundamental rights guaranteed to them under Articles 28-31 of the Constitution and also the impugned orders bei..Category: Labour and Industrial Law | Date: | Hits: 80
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....he plaintiffs had been in possession through borgader for a long period and their title had been perfected through such long possession and the kabala of the plaintiffs will prevail over record of rights. 6. In view of the fact that the kabala dated 9.5.1927 in favour of Chapala Bala is a..Category: Procedural Law | Date: | Hits: 113
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
.... of 1973 under section 143A of the State Acquisition and Tenancy Act, 1950 in the 3rd Court of Munsif of Tangail and brought into existence fraudulently an order as regard correction of the record of rights in their favour and later on the appellants herein produced the forged copy of the petition o..Category: Criminal Law | Date: | Hits: 48
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....ibunal shall have exclusive jurisdiction to hear and determine applications made by any person in the service of the Republic 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 Repub..Category: Labour and Industrial Law | Date: | Hits: 111
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
....t the Election Commission to dispose of the application of the respondent who missed the bus due to ……………….and it is well known delay not only defeats justice but in some cases it defeats rights also. Lawyers Involved: S.S. Haldar, Senior Advocate, instructed by Ranesh Chandr..Category: Election Law | Date: | Hits: 112
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
.... relief to be granted looks to the future and is, generally, corrective rather than compensatory which, sometimes, it also is. The pattern of relief need not necessarily be derived logically from the rights asserted or found. More importantly, the Court is not merely a passive, disinterested umpire ..Category: Civil Law | Date: | Hits: 130
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
.... appeared and pointed out that the report of the Advocate Commissioner had already been submitted. This only emphasises the necessity of always hearing the other side before an order touching the rights of the parties is passed. Indeed the learned Judge of the High Court Division will be put to ..Category: Procedural Law | Date: | Hits: 94
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....the disturbances in one of the centres. The High Court Division after hearing the parties made the Rule absolute and set aside the Election Commission's order with significant observation "that the rights of the parties would not be prejudiced by this decision". 3. Dr. Kamal Hossain, the learne..Category: Election Law | Date: | Hits: 115
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....ld the remaining accuseds not guilty and upheld their acquittal. The appellants, as they were sentenced to transportation for life by the High Court Division, preferred this appeal before us by their rights under Art. 103(2) of the Constitution. 7. Mr. Mujibur Rahman, learned Counsel for the appe..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....not necessary exactly to determine. But it may be safely taken that the word "transfer" is used in law in the most generic signification, comprehending all the species of contract which pass real rights in property from one person to another." (13 ALL 432 relevant page 476). And then the tr..Category: Criminal Law | Date: | Hits: 47
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....amoodur Rahman, CJ. observed as follows: "An election dispute is a dispute raised by a voter or a defeated candidate in his individual capacity under the Statute. It determines the private rights of two persons to the same office, but a proceeding for an information in the nature of q..Category: Election Law | Date: | Hits: 130
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....payment of rents along with his co-sharer tenants to the landlord and thereafter to the Government after the acquisition of the rent-receiving interest by the Government. Preparation of record of rights was started under the provisions of the East Bengal State Acquisition and Tenancy Act, 1950 a..Category: Property Law | Date: | Hits: 33
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
.... right to pre-empt according to the provision under sub-section (5) of section 96 in one proceeding and avoiding multiplicity of proceedings. So, for the sake of full and complete adjudication of the rights and granting relief, there should not be absence of any necessary party. 24. In the case ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Tan Kheng Heck and others, 1978, 7 CLC (AD)
....e crime without requiring any authority from the Judicial authorities, and it would, as their Lordships think, be an unfortunate result if it should be held possible to interfere with those statutory rights by an exercise of the inherent Jurisdiction of the Court. The functions of the judiciary and ..Category: Criminal Law | Date: | Hits: 95
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... the otherwise present legal order of detention. With great respect, we fail to agree with this view. We cannot take a too technical and legalistic view on one of the most cherished fundamental human rights, that of liberty of an individual. Only a valid order of detention or a valid detention could..Category: Constitutional Law | Date: | Hits: 408
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the contrivance may consist in suppressing the summons. The fact of suppression would itself be the contrivance, and indeed a most effective contrivance for keeping the Defendant in ignorance of his rights and from placing his case before the Court. Mere non-service would not do. But when the fact ..Category: Property Law | Date: | Hits: 38
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ted to challenge the constitutionality of Act No. 30 of 2004 being Jatiya Sangsad (Sanrakhita Mahila Ashana) Nirbachan Ain, 2004 being ultra vires to the Constitution and violation of the fundamental rights of the petitioners. 3. All the above writ petitions were filed in the form of public inter..Category: Constitutional Law | Date: | Hits: 221
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....stitution's supremacy, Independent Judiciary, Democratic polity based on free election and justice. He has emphasised the fact that these fundamental principles were not followed, and the basic rights were denied to us during the Pakistan regime and that is why the War of Independence w..Category: Election Law | Date: | Hits: 159
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....w inconsistent with the Constitution will be void to the extent of the inconsistency, Article 26 not only declares that all existing law inconsistent with the provisions of this part (fundamental rights) is void to the extent of inconsistency, further sub-article 2 provides that the State shal..Category: Constitutional Law | Date: | Hits: 1934
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....at the plaintiffs were claiming. The point is attractive, no doubt. 9. Easement Act, 1882 deals with customary easement. Easement Act does not deal with customary right. It refers to customary rights no doubt, but that is for the purpose of making it abundantly clear that while the Act govern..Category: Property Law | Date: | Hits: 36