Search Options
Judgment Advanced Search
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....ability of a party to the contract and arises by reason of the fact that as transferee he takes subject to the transferor's preexisting contractual obligation; and where there is no pre-existing contractual obligation, it seems that the case entirely fails as against the transferee. The plaint......ndra Pradesh 784. In that case it was observed "Substitution of a new contract is the core of novation. It's essential feature is that a right under the original contract is relinquished and new rights referable to new contract are created. The substituted contract therefore must be a valid ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......ord. It is the admitted position that the accused-petitioner filed the said Power of Attorney before the Assistant Commissioner, Land, Narayanganj in a mutation proceeding for correction of record of rights in their favour. It has been decided by our Apex Court that the Revenue Officer acting in mut..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ...... "With the power of the people looming large behind the constitutional horizon it is difficult to conceive of Article 102 as a vehicle or mechanism for realizing exclusively individual rights upon individual complaints. The Supreme Court being a vehicle, a medium or mechanism devised ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......ally interfere into proceedings at the stage of investigation under section 561A of the Code of Criminal Procedure, the writ jurisdiction is the appropriate forum for protecting the fundamental rights, sufferings of reputation and harassment of innocent persons. The respondent appears in pe..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
M/S. Hasan Vegetable Oil Mills Ltd. Vs. M. T. SCEPTRE, 2011, 40 CLC (HCD)
.... as to costs. The Bank Guarantee submitted by the defendants earlier be returned immediately to the filing Advocate on behalf of the defendant Nos.1 and 3. Ed. This Case is also Reported in: ......le cannot be contracted out of where the Rules are incorporated into the bill of lading by section 1 of the Carriage of Goods by Sea Act, because Art. V allows the carrier only to contract out of his rights and immunities under the Rules. But where the Rules are incorporated only by contract an expr..Category: Admiralty Law or Maritime Law | Date: 17 Jul, 2011 | Hits: 61
Human Rights and Peace for Bangladesh Vs. Bangladesh, 2011, 40 CLC (HCD)
....resent high volume of cases, it is not possible on their part to bear the cost of the cases filed as public interest litigation. Ed. This Case is also Reported in: ...... seek our resolute and impassioned intervention to salvage this visibly ravaged life line of the city. 3. The petitioner a practicing lawyer of this Hon’ble Court, also claims to be a human rights activist and conscious citizen of the country and is a member of the aforenamed organisation..Category: Environmental Law | Date: 1 Jun, 2011 | Hits: 37
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....as been concluded with the Contractor and the Procuring Entity. Subsequent thereto a separate contract is executed between the “Contractor” and the “Sub-contractor” in order to complete the contractual works. However, rule 53 provides for appointment of a “Sub-contractor”, which runs ......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......rescribed in the Articles of Association of the Companies Act, 1994. ............. (51) Rights in Rom Under section 71 of the Companies Act, 1994 the legislature has given protection to the rights attached to the shares which says that such rights attached thereto go with the shares, which..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Monzur Ahmed Bhuiyan & others Vs. Adilur Rahman Khan and others, 2011, 40 CLC (AD)
....nd Order passed by the High Court Division. Accordingly, this Civil Petition is dismissed. No order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 47. ......ss the usurpers and violators of the Constitution or to benefit the wrongdoers, rather, it is always in the interest of the ordinary people so that their sufferings may be minimised and their accrued rights may not be jeopardized because of the declarations of illegality of the illegal regimes. We h..Category: Constitutional Law | Date: 16 May, 2011 | Hits: 267
S.M. Humayun Kabir Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... have been passed without lawful authority and hence, is of no legal effect. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ......fect for a period of 5 (five) years which was denied to the petitioner despite the fact that prayer was made by him on medical grounds, which is arbitrary, malafide and contrary to the fundamental rights of the petitioner as guaranteed under Articles 27, 29 and 31 of the Constitution of the Peop..Category: Employment/Service Law | Date: 15 May, 2011 | Hits: 22
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
.... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ......equires it. The term 'expropriation' is practically synonymous with the term 'eminent domain". 22. So there is no dispute that the land which absolutely vests in the government extinguished all rights of the original owners or subsequent transferees and if any person encroaches upon that land ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......8 (SC) 933 it has been held- 'waiver is an intentional relinquishment of a known right. There can be no waiver unless the person against whom the waiver is claimed that full knowledge of its rights and of facts enabling him to effectual action for the enforcement of such rights. 25 (a)..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....f the same. Since the instant maritime claim itself is a maritime lien making the vessel liable for payment and as the vessel would be sold for the purpose of satisfying its creditor, the question of contractual relationship with the owner of the vessel for the payment against the supply of the nece......t No.19 of 2009 and 28 of 2009, categorically asserted that Article 27 of the lease agreement reveals that the basic right of the lease user cannot be transferred to a third party and since the basic rights involved the lease hold right of the Kysco Shipping Co. Ltd. to use the vessel the same canno..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Kartic Das Gupta Vs. Election Commission of Bangladesh and others, 2011, 40 CLC (AD)
....we find no merit in the submissions of Mr. Ahsanul Karim. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 578, 19 BLC (AD) (2014) 113. ......t petition as public interest litigation, but we find no infringement of any fundamental right guaranteed by the Constitution of the People's Republic of Bangladesh or any other vested legal rights affecting the people at large or a section of the people. Therefore, the writ-petition i..Category: Election Law | Date: 3 Apr, 2011 | Hits: 168
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....olongation of litigation as well as increasing of valuation of the suit land, the income tax authority cannot claim more money towards income tax clearance certificate beyond the tax payable upon the contractual amount. Had the kabala deed been executed normally in 1970 the income tax authority woul...... land in favour of appellants through court. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 543 ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)
....er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......ontained in any other law for the time being in force or in any agreement or contract or other instrument, upon the Establishment of the Bank, the Grameen Bank Project ceased to exist and all assets, rights, powers, authorities and privileges and all properties movable and immovable, and all documen..Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......No.2537, but in the Dhaka City Land Survey, only .12 acres of ditch land from plot No.57227 of D.P. Khatian No.2537 was recorded in their names. 4. Being aggrieved by the aforesaid draft record-of rights, respondent No.7 and others filed Objection Case Nos.4714 of 2000, 4715of 2000 and 12903 of 2..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176