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Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....ng before an independent authority, not interested in the proceedings or in any party to the proceeding. The frontier of natural justice with the progress of rule of law and establishment of human rights is constantly expanding. The purpose of invoking the principle of natural Justice is, to put..Category: Others | Date: | Hits: 110
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....on to observe on the effect of the property becoming enemy properly and the relevant passage may be quoted: "Upon a true construction of the laws aforesaid, we get, that all rights in such property vest in the Government of Bangladesh and the title of the owner of ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriates for the enforcement of any of the fundamental rights conferred by part III of the Constitution but this power could be exercised in relation to on..Category: Constitutional Law | Date: | Hits: 292
Bangladesh and others Vs. Md. Abdur Rab, 1979, 8 CLC (AD)
.... a member of the disciplined force cannot, for the very reason that has assumed a kind of responsibility which is not expected of any other person in the service of Bangladesh, hope to have all the rights which the Constitution has conferred on the latter. One of such rights being the power to inv..Category: Employment/Service Law | Date: | Hits: 102
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... Syed Abdul Karim vs. Harendra Cnandra Dhupi, 14 D.L.R 847 which contains the following observation; "In the case of pre-emption became of the special provision of the Act, rights of the parties cannot be determined without considering the right of others. The princ..Category: Property Law | Date: | Hits: 73
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....fter the decree of the first court was modified by the appellate court and nothing has happened since to suspend or stay or, to be more precise, to review or give a fresh start to the exercise of rights." 22. This view of the High Court however did not find favour with the Judicial Committee..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
.... in view of the decision by the Dacca High Court in Chittaranjan Sutar's case that "sections 4 and 6 of the aforesaid Ordinance were void ab initio being in conflict with the fundamental rights guaranteed by the Constitution of 1962. (2) Whether in view of the fact that th..Category: Property Law | Date: | Hits: 75
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....erate retrospectively, if Parliament so expresses it in the validating enactment. The invalidity of a law may be owing to some legislative in competency or to its repugnancy to any of the fundamental rights and they can be cured in the manner set out above. 6. A question may and does arise in so..Category: Constitutional Law | Date: | Hits: 188
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....an opportunity to show cause against the proposed action. Any statutory rule to the contrary, or any action contrary to other the Constitutional guarantee or statutory rules relating to these defined rights, can be redressed in a civil court and also in the writ jurisdiction of the High Court Divisi..Category: Constitutional Law | Date: | Hits: 188
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....Constitution envisages a State, whose fundamental aims is to realise through the democratic process a socialist society, free from exploitation—a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all ..Category: Constitutional Law | Date: | Hits: 327
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....by necessary implication. In Maxwell's Interpretation of Statutes, 11th Edition, the principle has been stated as follows: "Every Statute, it has been said, which takes away or impairs vested rights, acquired under existing laws or created a new obligation, or imposes a new duty or attaches ..Category: Fiscal/Taxation Law | Date: | Hits: 76
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....pursuance of the President's Order No. 26 of 1972. Article 7 of the said President's Order reads as follows: "7. (1) The undertaking of each existing bank shall be deemed to include all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash balances re..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....atements contending, inter alia, that the application under section 34 of the Industrial Relations Ordinance, 1969, hereinafter referred to as "the IRO", was not maintainable; and that the rights guaranteed under clauses (a) (b) (c) and (d) of sub-section (I) of section 18 of the Employm..Category: Labour and Industrial Law | Date: | Hits: 91
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
....ion therein. (b) That a permanent injunction restraining the defendants from taking possession of the scheduled properties and from interfering in any way with the plaintiff's rights to properties may be issued." 4. There can be no denying the fact that the..Category: Property Law | Date: | Hits: 66
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....employed by the department before the date of that examination although he had joined the service later on the 23rd October, 1943, with the permission of the department and without prejudice to his rights of seniority. The second contention was that selection and appointment in rule 28 ibid do not..Category: Employment/Service Law | Date: | Hits: 103
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....proceedings as would display an unequivocal intention to, proceed with the suit or would disclose that the defendants had acquiesced into the resolution of dispute by the Court or had abandoned the rights under the arbitration agreement. As it appears in the judgment impugned the High Court Divis..Category: Business or Commercial Law | Date: | Hits: 94
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... AIR 1957 (SC) 875 “the plaintiffs brought a suit on a mortgage claiming to be the heirs and representatives of the original mortgagee, who has under a registered will bequeathed to them the rights in the mortgage. The suit was dismissed by the High Court holding the plaintiffs had no locu..Category: Fiscal/Taxation Law | Date: | Hits: 122
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....s such, the order is without jurisdiction. No show cause notice was served on him and thus he was deprived of the right to be heard and such deprivation is discriminatory and violative of fundamental rights under Articles 27, 31 and 42 of the Constitution. His retirement under Regulation 11A(2) is a..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....so that it can satisfy itself that the detenu is not being detained in an unlawful manner and being subjected to torture and cruel, inhuman and degrading treatment in violation of fundamental human rights guaranteed under the Constitution. 7. Admittedly the case in which..Category: Criminal Law | Date: | Hits: 65
Category: Property Law | Date: | Hits: 54