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Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....eny the relief of reinstatement to the discharged employee. It may be also that the office itself has been created by the Statute where the employee will undoubtedly have a kind of legal status the rights whereof may be capable of being enforced. 22. It may however so happen that in spite-of..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....nd made the following observation:— "Their Lordships cannot accept the argument or suggestion that when once the claimant is admitted to the High Court he has all the rights of an ordinary suit or including the right to carry an award made in an arbitration as to t..Category: Property Law | Date: | Hits: 135
Bangladesh Biman Corporation and others Vs. Md. Tipu Sultan & others, 2001, 30 CLC (AD)
....orporation and thus the change in the Organisation set up and the separate seniority list prepared on the basis of the Order are arbitrary and without lawful authority and violative of fundamental rights guaranteed by Articles 27, 29 and 31 of the Constitution of the People’s Republic of B..Category: Employment/Service Law | Date: | Hits: 63
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....e must have an interest/claim in the estate of the testator through the testator. A person who claims outside or independently of the will or claims adversely to the testator and disputes his rights to deal with the property cannot be deemed to claim any interest in the estate of the deceas..Category: Property Law | Date: | Hits: 67
Special Reference No. 1 of 1995, 24 CLC (AD)
....of Courts entertained by some Jurists, text‑book writers and Judges in the American and English Jurisdictions mainly on the ground of inexpediency, inconvenience, embarrassment and prejudice to the rights of future litigants, The objection, it seems, touched a very sympathetic chord with (Sir) Zaf..Category: Constitutional Law | Date: | Hits: 248
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....e authority that has the power to make an order has also the power to undo it. But this is subject to the exception that where the order has taken legal effect, and in pursuance thereof certain rights have been created in favour of any individual, such an order cannot be withdrawn or rescind..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....e decree as one as contemplated in Proviso (a). A 'decree' by definition means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may b..Category: Property Law | Date: | Hits: 86
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
....unction which is performed by a detaining authority extends to the giving of a prior notice to the detenu for ensuring observance of the rule of natural justice that a person must be heard before his rights are adversely affected. Rather the Supreme Court of Pakistan in the next land‑mark case of ..Category: Constitutional Law | Date: | Hits: 185
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....est of life estate. It will be seen that all these enactments witness the legislative intervention to oust the diametrically opposed rule of custom that mauled the outstanding feature of the property rights expounded by the Muslim Jurists." 16. Sar Anjam Khan's case however arose from a pre..Category: Property Law | Date: | Hits: 146
Babul Kanti Das and others Vs. Abul Hashem and others, 1995, 24 CLC (AD)
....p the construction but continued to give finishing touches to it. 15. it does not appear from the facts and circumstances of the case that the matter is purely a concern between the private rights of two parties. The matter assumed a new character and it turned into a matter concerning pu..Category: Civil Law | Date: | Hits: 106
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....retirement be preceded by his promotion to the rank of Brigadier‑General. He could not however, claim that promotion as a matter of right under any law. The alleged violations of fundamental rights relate to provisions of law which are for the members of the Army for the purpose of ensurin..Category: Constitutional Law | Date: | Hits: 203
BD National Curriculum and Text-Book Board and other Vs. AM Shamsuddin & ors, 1996, 25 CLC (AD)
....rs but with the promulgation of Martial Law on 24 March l982 the said writ petitions abated. Upon the withdraw Martial Law on 10 November 1986 and revival the Constitution restoring the fundamental rights, the respondents filed the present writ petitions Writ Petition Nos. 321 and 561 of 1987 res..Category: Intellectual Property Law | Date: | Hits: 279
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....tablish the case of waiver or estoppel it was necessary to clearly show that the party alleged to have waived its right had acted in such a manner as to lead the other side to believe that such rights will not be enforced or will be kept in suspense or abeyance for some particular time. The ..Category: Administrative Law | Date: | Hits: 138
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....s Second Party on 21.8.94, of which paragraph 4 reads as follows: “(4) The parties hereto agree that the care and custody of the child will now belong to Second Party according to her rights under the law, provided, however, that the First Party shall have visiting rights as mention..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....uslim Law but is merely a procedural law governing the forum and procedure for resolution of some specified family disputes. The parties to the dispute come to the Family Court with all their accrued rights under the Mohammedan Law and the Ordinance of 1985 only provides the forum for adjudication o..Category: Family Law | Date: | Hits: 198
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....e only a person who is employed in any commercial or industrial establishment in connection with the work for productive purposes. The learned Counsel next submits that section 19 of the Act provides rights and corresponding obligations both for the employer and the employee regarding termination of..Category: Labour and Industrial Law | Date: | Hits: 152
Abdul Wadud Vs. State, 1995, 24 CLC (AD)
....p by SA Rahman, J (as his Lordship then was) in the case of Md. Aslam vs. State 19 DLR (SC) 242, in the following words: “……….when the law is altered during the pendency of an action, the rights of the parties are to be decided according to the law as it existed when the action was begun..Category: Criminal Law | Date: | Hits: 75
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....m Fullan. J agreed, observed as follows: "The law does not recognise a Mohammedan joint family as a legal entity, and has not provided rules applicable to the family as such. The rights of its individual members, both as regards the original joint property and its subsequent ..Category: Property Law | Date: | Hits: 51
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....rivy Council also observed that in a case where it is either admitted or found as a fact that the tenants had been let into possession by the landlord who was the absolute owner, the tenant claims rights of occupancy, the burden will be on the tenant to prove that he has such rights. The said ob..Category: Property Law | Date: | Hits: 59
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....dicial Committee in the case of Kalyani Vithaldas vs. Commissioner of Income Tax, Bengal, 64 1A 37 also supports this conclusion. It is, obvious, therefore, that the rights and liabilities, as has been conferred under section 30 of this Act on a member of Hindu und..Category: Fiscal/Taxation Law | Date: | Hits: 98