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Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ......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
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....e High Court Division after finding that the order of cancellation was vitiated as being malafide were well founded in law in refusing to exercise writ jurisdiction on the ground that it was a contractual breach of term of the lease and so no writ lay. 2. Facts are not long and they m......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ..Category: Property Law | Date: | Hits: 53
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:......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)
....ecame a debtor. The High Court Division has rightly issued the writ. In the result, therefore, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ......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)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......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)
.... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ......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)
....e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ......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)
.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......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)
.... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ...... 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)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......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)
.... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ......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
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......blished that such recitals cannot by themselves be relied upon for the purpose of proving the assertions of facts which they contain. Indeed, it is obvious that if such proof were permitted the rights of reversionary could always be defeated by the insertion of carefully prepared recitals. U..Category: Property Law | Date: | Hits: 47
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....t the Court in the exercise of its jurisdiction of judicial review of the action of the Government in the discharge of executive functions as well as activities of State functionary in respect of the contractual matter considered the rationality and reasonableness of decision made, has referred to t......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..Category: Others | Date: | Hits: 130
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....ed and banks are in no way concerned with or bound by such contract, even if any reference whatsoever to such contracts is included in the credit. The beneficiary can in no way avail himself of the contractual relationships existing between the banks or between the applicant and the issuing bank......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......egistered society and or a charitable society cannot be proceeded against under the Bankruptcy Act in circumstances where it would be necessary to do so thereby severely undermining the fundamental rights of the writ petitioner and a multitude of individual creditors and depositors afflicted by ..Category: Constitutional Law | Date: | Hits: 199
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......he Plff-Debuttor Estate have been prepared or published in terms of the Act a 1 Rules thereunder; (5) that the Debuttor Estate is not acquirable under the Act in view of the fundamental rights granted by the Constitution; (6) that the plaintiff is entitled to continue in po..Category: Property Law | Date: | Hits: 44
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......other interest in land and "to define the law relating to tenancies to be held under the State after such a acquisition and other matters connected herewith". Part-V of the Act, mainly deals with the rights and obligations of agricultural tenants which was so long controlled and regulated under th..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....sing its jurisdiction in granting stay of the operation of the order passed by the learned District Judge which had effect of injunction the petitioner and the respondents 3-5 from performing their contractual obligations. 4. Khondker Mahbuddin Ahmed, the learned Counsel appearing for the appel......gorously contended that in an age when all walks of life are being regulated by the state, this Court should consider as to how far judicial control is necessary for the perseverance of the non legal rights of the citizens. The learned Counsel quoted from text books profusely showing that whenever ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......nted to ascertain its true import. It says, amongst other things, that where before the commencement of the Regulation any property or the possession, control, management, administration or other rights of, or in respect of any property has been or purported to have been taken over under the Act..Category: Constitutional Law | Date: | Hits: 157