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Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......ing our attention to Article 44(1) of the Constitution that guarantees the right to move the High Court Division in accordance with clause (1) of Article 102 for the enforcement of the fundamental rights Mr. Abdur Rab Choudhury, learned Counsel for the petitioner, submits that the High Court Div..Category: Constitutional Law | Date: | Hits: 151
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......ectively an earlier order of the appellant dated 8-1-1994 regarding the pay and allowances of the respondents should not be declared ultra vires, malafide, discriminatory and violative of fundamental rights as guaranteed by the Constitution and to show cause as to why the attempt to treat the Judges..Category: Constitutional Law | Date: | Hits: 829
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......eld book, saham list by the Advocate Commissioner final decree takes effect and thereafter remains nothing to be done. Passing of the final decree in a partition Suit finally determines the rights of the co-sharers in the land. In a pre-emption proceeding under section 96 of the S..Category: Property Law | Date: | Hits: 57
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
.... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ......therefore do not think that Mr. Amirul Islam contentions are well-grounded either on facts or on law. 8. Mr. Islam next submits that an Administrative Tribunal can enforce fundamental rights and the petitioners wanted to enforce their fundamental rights which both the Tribunals bel..Category: Administrative Law | Date: | Hits: 159
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......me Mutwalli. When defendant No. 1 became Mutwalli the plaintiff used to pay rent of the suit-shop to defendant No. I and defendant No. 1 having come to know about the illegal entry in the record of rights in respect of the suit land filed title suit No. 13 of 1986 and the said suit is pending. Pl..Category: Property Law | Date: | Hits: 61
AFB Jahan Mia (Md) Vs. Chairman, National Board of Revenue and others, 1997, 26 CLC (AD)
....all the above reasons we do not find any ground for interference. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 122 ......e Government to vary or revoke any condition of service to the appellant’s disadvantage if an order is passed under section 4 or 5 thereof. The appellant therefore lost all the privileges and rights that he enjoyed under the National Grade and Scale of Pay introduced from 1-7-73. From 1-7-7..Category: Administrative Law | Date: | Hits: 140
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......he representation as aforesaid was made (a allowing the appellant’s service benefits as per judgment and decree of the Civil Court and that the Tribunal case was instituted for enforcement of those rights and consequential benefits arising Out of the judgment and decree of the Civil Court. Mr, Sha..Category: Administrative Law | Date: | Hits: 131
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......whether a transaction is voidable or void there is a simple criterion: did the transaction create any legal effects, that is, did the transaction transfer, create or terminate or otherwise affect any rights. In a void transaction no legal effects are produced. In a voidable transaction legal effects..Category: Tenancy Law | Date: | Hits: 88
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......than a suit. For example, article 44(1) provides as follows: “44(1). The right to move the High Court Division in accordance with clause (1) of article 102, for the enforcement of the rights conferred by this Part is guaranteed.” 44.(1)Ai bhage prodotto odhiker shomuho ..Category: Business or Commercial Law | Date: | Hits: 117
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......) The Constitution of Bangladesh, 1972, Article 102(1) Article 102 is a mechanism for the enforcement of Fundamental Rights which can be enjoyed by an individual alone insofar as his individual rights are concerned, but which can also be shared by an individual in common with others when the r..Category: Constitutional Law | Date: | Hits: 450
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ......tion 10A of the Act. When the learned Judges held that section 10A of the Act offends Articles 27 and 31 of the Constitution they ought to have struck down section 10A as it offends the fundamental rights guaranteed under the Constitution. The subordinate legislation must be knocked down when it ..Category: Business or Commercial Law | Date: | Hits: 150
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......e raised, bitter at times, as to the unacceptability of the contending parents seeking custody of the children. There was, however, agreement on one point that nothing is more paramount, not even the rights of the parties under the rules of personal law or statutory provisions, than the welfare of t..Category: Family Law | Date: | Hits: 250
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......fers from one branch of the service to another, and the suitability of candidates for such appointments, promotions and transfers; (c) matters affecting the terms and conditions (including pension rights) of that service; and (d) the discipline of the service.” 10. The Bangladesh Public ..Category: Constitutional Law | Date: | Hits: 185
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ...... in the First Selection Board in 1997 and 07 others who were found fit for promotion by the Second Interview Board were left out arbitrarily, malafide and in violation of their fundamental rights. 7. That the Finance Minister Mr. Shah A.M.S. Kibria submitted an Special ..Category: Administrative Law | Date: | Hits: 130
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......n fixing premium for long term lease and granting such lease to the appellants, Government was exercising sovereign power of the State and as such no action could have been taken in derogation of the rights of the allottee/lessee except upon giving an opportunity to defend against the proposed actio..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......i right was taken lease of by Baisnab from one Ram Krishna Charan and others. The presumption of the C.S. Khatian under Section 103(B) of the Bengal Tenancy Act is that every entry in a record of rights finally published shall be the evidence of the matter referred to in such entry and shall b..Category: Procedural Law | Date: | Hits: 112
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......ubsequently they settled the suit lands in favour of the plaintiff respondent Nos. 1 and 2 and one Boyezuddin Mollah by way of korfa pattan on 15th Kartick, 1357 B.S. The S.A. and R.S. record of rights being S.A. Khatian No. 384 and R.S. Khatian No. 17 were prepared and correctly published..Category: Property Law | Date: | Hits: 63
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ...... suit lands and the defendants denied their title on the plea of settlement taken by Mojibur Rahman predecessor of the aforesaid defendants and that the defendants wrongly prepared the record of rights in their names. The defendant Nos. 1, 2, 4 and 5 contested the suit by filing a joint written..Category: Property Law | Date: | Hits: 57
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......o further promotion of the officers mentioned in Annexure B should not be declared to have been taken without lawful authority and to be unconstitutional and violative of the petitioner's fundamental rights guarantee by Articles 27 29, 31 and 40 of the Constitution." and for the ancillary rel..Category: Administrative Law | Date: | Hits: 152
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......Nazir Ahmed sold his share to plaintiff No. 1 and Anwar Ahmed and Abul Hossain sold their shares to plaintiff No. 4 in Diara settlement when the name of Munsur Ahmed was not recorded in the record of rights, he filed the suit in the court of Assistant Judge, Sadar Upazilla vide Title Suit No. 23 of ..Category: Property Law | Date: | Hits: 73