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Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530.......on under section 43 of the Companies Act, 1994. 2. The petitioner Md. Matiur Rahman claims to have purchased one share of the Dhaka Stock Exchange Limited bearing share Certificate No. 000025 with rights attached to it inclusive of the right of possession of Room No. 212 of the Dhaka Stock Exchan..Category: Company Law | Date: | Hits: 194
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522....... is the benamder but the plaintiff failed to prove the plea of benami. After assessment of the oral evidence of the plaintiff witnesses and also considering the documentary evidence such as record of rights of Asmat Ali, the rent receipt showing payment of rent in the name of Asmat Ali he opined tha..Category: Property Law | Date: | Hits: 98
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ...... at Dhaka held that navigation-right over rivers and waterways, cannot be interfered with (except provided otherwise by specific provisions of law) by the Government. Such right with other incidental rights are universally recognised as vested in public. Justice SM Murshed, as he then was, deliverin..Category: Property Law | Date: | Hits: 107
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....of the overseas supplier of fabrics and accessories. Under the law of agency the agent is paid by his principal only. He cannot be paid any commission by the opposite party, because an agent owes his contractual duty to his principal only, and indeed, the agent will be in a situation of conflict of ......o. 1 because it is the defendant No. 1, who was the original beneficiary of the LC and who actually transferred a part of his interest in the LC to the plaintiff with specific data of each person’s rights in the money. Indeed, it was open to the said defendant to create four instruments of transfe..Category: Civil Law | Date: | Hits: 164
Shah Alam (Md.) Vs. Md. Shahidur Rahman and others, 2003, 32 CLC (HCD)
....dingly. Communicate the order to the court below at once. Send down the lower court records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 214.......ul Karim reported in 52 DLR (AD) 41 wherein it has been enunciated by their Lordships in the concluding paragraph “............passing of the final decree in a partition suit finally determines the rights of the co-sharers in the land. Hence, the application for the pre‑emptor respondents on t..Category: Property Law | Date: | Hits: 53
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......tor of himself and the joint family, he cannot merely by that reason be said to be a member of such family within the meaning of the section. It has been held in the case reported in 88 CWN, 147 that rights of co-sharers owning a dwelling house as members of an undivided family is distinguished from..Category: Administrative Law | Date: | Hits: 210
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ......and under C.S. Dag No.110 were recorded in the name of Payrun Nessa Bibi and the rest 194 decimals land was recorded in the name of Aushi Bibi alias Aushi during the preparation of C.S. record of rights and Payrun Ness Bibi Rupjan Bibi while enjoying and possessing 55 decimals land under C.S. Da..Category: Property Law | Date: | Hits: 47
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ...... has been further submitted that the petitioner committed offence under section 32 of the Waqfs Ordinance which led to his removal and as such, there is no question of infringement of any fundamental rights. He argued that the writ petition is uncalled for and the petitioner is not entitled to get a..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......rman" of the Union Parishad in question. Mr. Hoq also submits that under the Union Parishad Ordinance the "Acting Chairman" and the elected "Chairman" are not identical and their functions, powers, rights, duties and privileges are also not identical. The term "Chairman" as has been used under the..Category: Election Law | Date: | Hits: 92
....the citizens.
206. The Constitutional provision for appointment of Additional Judges for a period not exceeding two years or for a further period cannot be treated, understood or interpreted as a contractual agreement or appointment for performing duties for a specified period which stands termi......oners were discriminated and humiliated in the eye of general people, who might have thought they were dropped because of their incompetence and/or other disqualifications. They feel their legitimate rights, expectation and dignity would be restored, if this Division directs the executive authority ..
Category: Constitutional Law | Date: | Hits: 252
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......therefore got no legal right in any land beyond what he purchased and possessed. So, at the moment, he cannot be heard to say that if the defendants are allowed construction in their land, any of his rights would be violated, which could not be compensated by money. On the other hand, it cannot be s..Category: Property Law | Date: | Hits: 33
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of this Constitution. (2) The High Court Division may, if satisfie..Category: Election Law | Date: | Hits: 104
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ...... to be filed. In effect, it takes away, the right of appeal if, for some reason or other the assessee is unable to deposit 50% of the tax demanded. These are, therefore, the cases in which the vested rights of, appeal or petitioners have definitely been substantially affected.” 6. Reliance has ..Category: Fiscal/Taxation Law | Date: | Hits: 55
.... and orders and cancellation of the registration of the petitioner union.
Accordingly the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002)430.......n of any welfare association by the employees of the research oriented institutions like Respondent No.4 and the members of the petitioner may accordingly take steps to take over the assets and other rights of the petitioner union.
16. Considering the facts and the laws involved discussions made ..
Category: Labour and Industrial Law | Date: | Hits: 158
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......ence without prior “no objection” of the Customs Commissionerate. The learned Advocate further submits that the impugned order is also discriminatory in its nature and it violates the fundamental rights as enshrined in the Constitution. The learned Advocate further submits that the action of the..Category: Fiscal/Taxation Law | Date: | Hits: 63
....any direction in accordance with law in case of holding of any big congregation.
With the observations made above the rule is disposed of.
Ed.
This Case is also Reported in: 54 DLR (2002) 413....... a religion other than his own.”
The enjoyment of fundamental right as mentioned in clauses (a) and (b) of Sub-Article (1) of Article 41 is subject to any law, public order and morality. So, the rights are not absolute. Restriction may be imposed by law for the sake of public order or morality...
Category: Property Law | Date: | Hits: 25
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......d clock device started producing and distributing soap by using similar trade mark Ghadi and device which is similar and identical to Ghari and clock device of the plaintiff thus encroaching upon the rights of the plaintiff and to lead the public into believing that the goods manufactured by the def..Category: Intellectual Property Law | Date: | Hits: 200
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....tioner for providing cellular mobile phone services was justified and in accordance with the agreement entered into in this regard between the petitioner and GrameenPhone. Since GrameenPhone is under contractual obligation to the government to pay royalty and licence fees every year to the governmen......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ..Category: Information Technology Law | Date: | Hits: 217
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......he Bank any sum in respect of loss or damage under this policy and shall claim that as to the Mortgagor or Owner no liability therefore existed, the Company shall become legally subrogated to all the rights of the Bank to the extent of such payment but not so as to impair the right of the Bank to re..Category: Business or Commercial Law | Date: | Hits: 212
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... January, 1994. Subsequently, he started depositing Taka 1,000 in place of Taka 1,500 as monthly rent to the Rent Controller in an irregular manner. So, he became a defaulter and the plaintiff had no contractual obligation to allow the defendant to retain possession of the property after expiry of t...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ..Category: Property Law | Date: | Hits: 28
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