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Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ...... of Bangladesh Premises Rent Control Ordinance, where, notwithstanding the provisions of Transfer of Property Act and Contract Act, wide-ranging provisions have been introduced encroaching upon the rights of the parties. But, in view of the question of law involved in this appeal, a detailed discu..Category: Tenancy Law | Date: | Hits: 67
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......ing conclusions, inter alia, (1) the petitioner is an aggrieved party and the petition is maintainable; (2) the judicial power of this Court is preserved and cannot be taken away; (3) fundamental rights are available to the citizens in as much as the Proclamation and Presidential Order dated 2..Category: Criminal Law | Date: | Hits: 294
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
....de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ......t In this context we like to observe that since propriety of the decision of the Government dated November 4, 1972 was not questioned from any quarter and it was implemented and consequently some rights accrued to appellant, it was not proper for the respondents to challenge the decision obliq..Category: Employment/Service Law | Date: | Hits: 77
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ...... According to the Court where an enactment has been repealed the consequences according to the provisions of sec.6 of the General Clauses Act will follow unless a different intention appears. Whether rights and liabilities under the repealed P.O. 50 of 1972 were kept alive is not material. What is o..Category: Criminal Law | Date: | Hits: 66
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......e Officer, Sudharam as receiver of the said land. The Magistrate, having failed to decide the question of possession between the parties, by an order dated May 31, 1969 directed them to have their rights determined by a competent civil Court with further direction that the order of attachment w..Category: Civil Law | Date: | Hits: 112
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ...... and the issues of the suit have not yet been framed. Whether it will at all be necessary to measure the two plots in question and how far the result of the survey will determine the respective legal rights of the parties is too premature to contemplate, as, even the trial Court today does not know ..Category: Property Law | Date: | Hits: 66
Secretary of Aircraft Engineers of BD & anr Vs. Registrar of Trade Union & ors , 1993, 22 CLC (AD)
..... However, this Judgment will not affect the existing Agreements, if any, between any of the appellants and the Biman. Ed. This case is also reported in: 45 DLR (AD) (1993) 122 ......ered territory for their operation. 12. The appellants have not in any manner challenged any provisions of section 7(1) and section 7(2) (unamended) or section 10 as violative of fundamental rights. The burden of submissions or Dr. Kamal Hossain, Mr. Rafique-ul-Huq and Mr. Syed Amirul Isl..Category: Labour and Industrial Law | Date: | Hits: 103
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ...... enterprise in favour of the respondents treating only 15,500 shares as abandoned shares, as its own investigation has revealed, leaving it to the shareholders of the Company to sort out their own rights and liabilities inter se. The appellants are directed to do so within 3 months from date. ..Category: Property Law | Date: | Hits: 65
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ...... 12. The views in Hine Vs. Hine [1962] 3 AIL ER 345 that the above provision of law gave a free hand to do what is just, and in Jansen Vs. Jansen [1965] 3 All. ER 363 that it gave rights where none existed before were disapproved in Pettitt Vs. Pettitt [1969] 2 All. E.R. 385. Th..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ......ade at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff." 28. As temporary injunctions are by the express words of ..Category: Property Law | Date: | Hits: 81
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......oint one. Nothing will be gained by speculating upon the object of the section. The object may not only have been to prevent outsiders coming into the property but also outsiders sharing the rights and liabilities of joint tenants or tenants-in- common. The section clearly says that a c..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ...... invoked or was exercised. Their Lordships think is should be brought to the attention of the Indian Courts that these certificates are of great consequence, that they seriously affect the rights of litigant parties, and that they ought to be given in such a form that it is impossible t..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......nd does not cover entirely the same ground as the civil liability of a husband under his personal law to maintain his wife and children. He sought to impress upon us that whatever might be the rights of the wife under the Civil Law for maintenance, she is not entitled to a maintenance allowa..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......n alleged cognizable crime without requiring any authority from the judicial authorities, and it would be an unfortunate result if it should be held possible to interfere with these statutory rights by an exercise of the inherent jurisdiction of the Court." 21. The aforesaid vie..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ...... inhabitant of a city or a freeman having a family in a city or as the representative of a city in parliament. By citizen we mean a person who is a member of an independent political community having rights and obligations under the Constitution and law of the country. What sovereignty is to a State..Category: Immigration and Citizenship Law | Date: | Hits: 522
Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)
....laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ...... learned Advocate for the petitioner contends that the Insurer has stepped into the shoes of the assignee, and under section 135A of the Transfer of Property Act, he has been subrogated to all the rights and remedies of the insured person in respect of the goods concerned. The petitioner thus a..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......ii) establishment of the special Court and its administration (section 4 and section 5(2) and (3)); (iii) the procedural provisions (section 5(4), (5), (5Ka), (6) and section 6); and (iv) substantive rights (right of appeal under section 7)……………………(13) The jurisdictional provision..Category: Banking Law | Date: | Hits: 168
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
.... of an immovable property is determined by various ways and grounds and in that section "death" was not mentioned as a ground for determination of lease. The reported decision is a case relating to a contractual tenant and not with regard to a tenant who is a statutory tenant being a person in posse......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......ublic may make an application to an Administrative Tribunal under sub‑section (1), if he is aggrieved by an order or decision in respect of the terms and conditions of his service including pension rights or by any action taken in relation to him as a person in the service of the Republic: Pro..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ...... of 1833 but was derived from the submission of a dispute to the Arbitrator by the parties to the dispute themselves, that such submission to arbitration gave the Arbitrator the power to decide the rights of the parties in accordance with the law which would have been applicable if the parties ha..Category: Business or Commercial Law | Date: | Hits: 98
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