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Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....he Act. In the former case a suit will lie, but in the latter eventuality the grievance can only be agitated under section 4A." 42. This principle is grounded on the theme that if you tinker with rights on any supposed intendment of the legislature then you will be closing the door for doing awa..Category: Property Law | Date: | Hits: 48
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....ach the property. Section 146 provides that if the Magistrate cannot decide which of them was in actual possession of the land in question "he may attach it until a competent Court has determined the rights of the parties thereto." Mr. Khondkar argued that the legislature has spelt out the powers an..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....abad bat which is claimed to have existed for more than a century and a half from now somewhere other than at Tebaria, or its present site cannot be impugned to have continued since then with all its rights including its oldness and sitting days in a week. He regretted that the trial Court and the f..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....5 C.P.C It was thus observed: "The broad and unqualified proposition that once it is held that an officer, authority or functionary is exercising the functions of a Court in relation to rights that may be called “civil", that officer, authority or functionary must be held to b..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....of Karnatak by his Nika wife Amin Shaheba. The respondent challenged the marriage who according to them a slave girl was observed: "According to the Mohammedan Law, the law, which regulates the rights of the parties before us, the legitimacy or legitimation of a child of Mohammedan pervert..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....as it was a case of first impression. 10. Section 2(2) defines decree means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regards to all or any of the matters in controversy in the suit and may b..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....hroughout the country, one class of tenants directly under the Government, which would be the sole receiver of rent payable by the tenants in respect of the lands comprised in their tenancy and their rights and liabilities would be regulated by uniform code of laws. In the present case the rent-rece..Category: Property Law | Date: | Hits: 37
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....under section 38, simultaneously in the same petition before the Company Judge, in not maintainable and cannot be disposed of together ………..(23) Where winding up order had intervened whereby rights of creditors were made paramount, application for rectification must be refused…………....Category: Company Law | Date: | Hits: 195
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....Assistant Tahshilder O.P.W. 2. proved the relevant entries. The respondent, however, withheld his rent receipts alleging that he did not pay any rent after the preparation of the revisional record of rights. 5. The learned Subordinate Judge held that although the entries in the Register II showed..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....st be adjustable against the arrears of rent to the previous owner. The argument is fallacious. Section 109 of the Transfer of Property Act is the complete answer. 16. Section 109 provides for the rights of the lessor's transferee and it says "but the lessor shall not, by reason only of such tran..Category: Property Law | Date: | Hits: 59
Md. Sona Mia Vs. Collector of Customs, Chittagong and others, 1975, 4 CLC (AD)
....eference to Annexation of Burma by Great Britain in 1886. Mr. Khondker refers to the following passage at page 142:— "A new Government, he advised, succeeds to fiscal rights and is bound to fulfill the fiscal obligations of the former Government, and it is also res..Category: Business or Commercial Law | Date: | Hits: 81
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....n the 7th October, 1958 when Martial Law was proclaimed in the country but even under that regime, notwithstanding the abrogation of the said Constitution which guaranteed certain fundamental rights, the power of the High Courts to issue the writs including that of habeas corpus contin..Category: Criminal Law | Date: | Hits: 85
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....n in such possession, or is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach it until a competent Court has determined the rights of the parties thereto, or the person entitled to possession thereof: Provided ..Category: Criminal Law | Date: | Hits: 49
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....of pre-emption is highly developed and a scientific exposition of a very difficult branch of law. The Mohammedan Law of pre-emption contains well defined principles restricting the individual rights of property and yet is in complete harmony with principles of equity, justice and good consc..Category: Property Law | Date: | Hits: 45
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
.... the provisions of the East Bengal Non-Agree-Cultural Tenancy Act, 1949, applied to such land, at the time of such Acquisition, be regulated by the provisions of that Act. (2) The rights and liabilities of other non-agricultural tenants shall, except in the matter of determinat..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
.... Company is to be a private company and the number of members of the company for the time being would not exceed 50 (fifty). 4. Prior to the transfer and acquisition of the properties, rights, interests and assets of Pakistan National Oil Limited by the said Jamuna Oil Company, an Or..Category: Business or Commercial Law | Date: | Hits: 107
Hasan Imam Chowdhury Vs. Govt. of Bangladesh and others, 1981, 10 CLC (AD)
....authority. The Counsel appearing for the respondents pointed out that the constitutional power is necessitated because the constitution says "as may be appropriate" for enforcement or any rights given by the Constitution. In 1962 Constitution this power was available for giving dir..Category: Employment/Service Law | Date: | Hits: 101
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....Code provides that “No suit shall be defeated by reason of the mis-joinder or non-joinder of parties and the court may in every suit deal with the matter in controversy so far as regards the rights and interests of the parties actually before it”. In the said case, the left out conti..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....rt observed as follows: "It is not usual in measures of this nature to find a 'carte blanche' given to executive authority. In the case-law cited before us, almost all the systems codifying the rights and obligations between the State and its servants invariably contain the controlling conside..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....Ordinance XVI of 1974), Section 1 of this Act conferred power upon the Government to make rules for carrying out the purposes of this Act. Section 8 of this Act which provided for the exercise of the rights and powers of the Government by the Corporation has subsequently been amended by Ordinance LI..Category: Employment/Service Law | Date: | Hits: 104