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Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......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)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......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)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ...... 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)
....eedings to continue in accordance with law. The accused will continue on the same bail till an order is passed by the competent Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 69. ......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)
.... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ...... 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 discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... 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)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......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)
....on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ......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)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......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)
....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......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
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......ced in a strait-jacket for purposes of the instant case. It has also to be remembered that the impugned order of the Election Commission could not be said to be a final pronouncement on the rights of the parties as it was in the nature of an order covering an unforeseen eventuality w..Category: Election Law | Date: | Hits: 165
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......d by the Constitution to strike down the legislation offending the Constitution.
Prof. K. C. Wheare in Modern Constitution observed:—
“how much more likely is it that declaration of rights may prove to be in practice little more than words in communities where the executive is ..
Category: Election Law | Date: | Hits: 212
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
.... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ....... Sonali Bank which is the successor of the National Bank of Pakistan was created by the President's Order No. 26 of 1972, [The Bangladesh Banks (Nationalisation) Order, 1972] vesting all the assets, rights and interest subsisting in the National Bank of Pakistan within the territory of Bangladesh. ..Category: Civil Law | Date: | Hits: 110
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract: Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part perfor&s..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......Company or its properties. (d) Taking advantage of temporary absence of the appellant, respondent 1 managed to create some false, forged and fabricated documents to deprive the appellant of his rights in suit properties and to usurp the same. Respondent 1 has only four annas share in the busin..Category: Property Law | Date: | Hits: 99
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......y of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract: Provided that nothing is this section shall affect the rights of transferee for consideration who has no notice of the contract or of the part performanc..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......ct remains that the claim put forward in the application arises out of the administration as receiver on the basis of his accounts as receiver duly passed by the Court. Even when third party rights are involved in the course of Court's management the Court allows such third party to initi..Category: Property Law | Date: | Hits: 39
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......ng they brought the allegation that defendant had violated the order of injunction. Order 21, rule 32 is in the following terms: ''Decree for specific performance for restitution of conjugal rights, or for an injunction.—(1) Where the party against whom a decree for the specific perform..Category: Civil Law | Date: | Hits: 114
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......of the Regulation: "4. Vesting of abandoned property.— Where before the commencement of this Regulation, any property, or the possession, control, management, administration or other rights of, or in respect of, any property, has been or is purported to have been, taken over under..Category: Property Law | Date: | Hits: 38
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ....................Respondents Judgment June 14, 1983. The provision for the appointment of a receiver is to be considered as one of the harshest remedies for the enforcement of rights to property. It should, therefore, be exercised only in extreme cases. Where there is n..Category: Property Law | Date: | Hits: 45
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