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Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......tion to hear and determine applications made by any person in the service of the Republic (or of any statutory public authority in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in relation to him as a person in the service of the Repub..Category: Administrative Law | Date: | Hits: 143
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......and conditions of service including the question of seniority. They criticised the writ petitioners for invoking the writ jurisdiction of the High Court Division on ground of violation of fundamental rights under Articles 27 and 29 as these Articles, they contended, are not at al I attracted to this..Category: Employment/Service Law | Date: | Hits: 97
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......it respondent Nos. 1 and 5 at the site reserved for public Car Parking Centre as shown in the Master Plan of the RAJUK, the respondent No.2.which is threatening the environment of the area and the rights of the concerned people including the petitioner contending, inter alia, that being a consci..Category: Environmental Law | Date: | Hits: 293
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ...... Nessa and Renu and that after the death of Nowab Ali the plaintiffs have become owners and have been living there constructing huts, cow sheds and growing vegetables, etc. But in the SA Record of rights, the defendants, in collusion with the settlement staff, have got their names recorded for 2..Category: Property Law | Date: | Hits: 43
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ...... (AD) 5. In that case, the case reported in 14 DLR 847 was discussed. In 14 DLR 847 it was held as under: "In the case of pre-emption because of the special provision of the Act rights of the parties cannot be determined without considering the rights of others. The principle..Category: Property Law | Date: | Hits: 64
Bangladesh Telecommunication Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......l further submitted that the impugned memo dated 7-6-2003 (Annexure C-1 of the writ petition No. 4196 of 2003) is arbitrary, ultra-vires, illegal, malafide and is made in violation of the fundamental rights guaranteed by the Constitution inasmuch as the rejection of the writ petitioner's application..Category: Information Technology Law | Date: | Hits: 266
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ......cerned and in such institutions special representation shall be given, as far as possible, to peasants, workers and women." 11. The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed, a..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ......to hear and determine applications made by any person in the service of the Republic or of any statutory public authority in respect of the terms and conditions of his service including pension rights, or in respect of any action taken in relation to him as a person in the service of Republi..Category: Administrative Law | Date: | Hits: 130
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......respectively of trade marks which are identical or nearly resemble each other, in respect of the same goods or description of goods, the Registrar may refuse to register any of them until their rights have been determined by a competent Court. 28. Sub‑section (1), inter alia, ..Category: Intellectual Property Law | Date: | Hits: 227
....t in the country in the drum manufacturing sector and nature of the machinery and their installations are such that their removal and shifting are likely to result in their being damaged. Moreover, a contractual obligation as per agreement for sale on the part of the Government is there and the appr......ndoned property, the Government may take such measures as it considers necessary or expedient and do all acts and incur all expenses necessary or incidental thereto."
Thus the entire bundle of rights and liabilities that M/s Drums Metal Ltd. had in the disputed land now vests in the Governmen..
Category: Property Law | Date: | Hits: 68
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......ending the appropriation), to hold the land against him (sic) who was in possession (Angell, sections 390 and 398). It is the intention to claim adversely accompanied by such an invasion of the rights of the opposite party as gives him a cause of action which constitutes adverse possession&q..Category: Property Law | Date: | Hits: 77
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......vice matters under Part IX of the Constitution; and (e) that the jurisdiction in clauses (b) & (c) of Article 117(1) read with Article 47 of the Constitution, relating to enforcement of statutory rights and obligation of public authorities and citizens, and to set of laws which have special posi..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ......a, in exercise of the powers vested in it by section 8(2) of the Petroleum Act, 1974, that one of the objects for which the Company was established was to acquire and take over all the properties, rights, interests and assets of Pakistan National Oils Ltd., that its shares are held by three pers..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ...... plaintiff No. 1, the promisee, in case the latter suffers any loss, and held out that on the basis of the document plaintiff No. 2 shall have the right to get his name recorded and enjoy all other rights of property. 13. In view of the unassailable finding of the last court of fact that t..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......d cement to auction sale the consideration becomes only academic when it is found that the respondent was not entitled to claim the clearance of the same and the Customs Authorities were within their rights to refuse clearance to it. The appellants, however, stated in their affidavit‑in opposition..Category: Business or Commercial Law | Date: | Hits: 130
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......der of dismissal of a memorandum of appeal as time‑barred comes within the deeming provision of sub‑section (2) of section 2 of the Code of Civil Procedure, because by such an order the rights of parties with regard to matters in dispute are finally determined. 14. In this case..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ......terest of public safety or public order. No ground of detention was served on the detenu till the filing of the writ petition. It was contended that the impugned order was violative of fundamental rights guaranteed under Articles 27, 28, 31, 32 and 33 of the Constitution. 3. In their affi..Category: Constitutional Law | Date: | Hits: 365
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
.... continuing in possession and paying rent to the landlord, who accepts it, becomes a statutory tenant. In the instant case, we are not dealing with any statutory tenant. The tenancy in this case is a contractual tenancy. Right in such a tenancy is ordinarily heritable, though this right is limited "......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......nised by the Mohammedan Law as religious, pious or charitable. Provision for the maintenance of the members of wakif's family under the Muhammadan Law is a valid purpose. When a wakf is created all rights of property pass out of the wakif and vest in the Almighty Allah. The income of the wakf pro..Category: Others | Date: | Hits: 142
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