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Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......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)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......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)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......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)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......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)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......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)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......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)
....r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......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)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......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)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......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
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ...... 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)
....not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......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)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ...... 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
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
.... firm and found on evidence that the respondent still continued as partner and he secured his contract on such representation. Further, it was found that the respondent did not get release from the contractual obligation by the Upazila Administration. In this view of the matter it was held that ......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......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)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......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)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ...... 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)
....ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ...... 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)
....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......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)
.... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ......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)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......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
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