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Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....he suit land contains 50 decimals. It is further admitted that the plaintiffs have acquired 25 decimals of land and the defendants have acquired 18 decimals of land of the said 50 decimals. It is not disputed that the defendants purchased in 1976 and the plaintiffs purchased and took settlement of 2......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226...Category: Property Law | Date: | Hits: 59
....ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......y No. 2, Factory‑in‑Charge stating that the allegations were not true and the allegations were motivated. Thereafter the 2nd party No. 2 constituted an enquiry committee against the 1st party for holding enquiry on the charge framed against him. The 1st party worker mentioned the names of his de..
Category: Employment/Service Law | Date: | Hits: 89
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....rts of cases and it needs to appear to be so both to the accused and High Court but we do not find in those omnibus statements made by the petitioner as in paras 7 and 8 of the petition to exist an undisputed circumstance and behaviour of a Court in the instant case supported by any evidence on reco......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......rote a letter to the defendant on 22.1.86 informing about the accident and damage caused to the plaintiff's vessel MV Modhumati by defendant's vessel MV Ferdous Khan. The plaintiff also requested for holding joint survey to ascertain the quantum of damage caused to MV Modhumati. It is further stated..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Nazrul Islam and others Vs. The State, 1991, 20 CLC (HCD)
....w that the learned Magistrate had told the accused that they would not be made over to the police after they made their statements, although the Magistrate P.W.5 has deposed to that effect. It is not disputed that the accused Nazrul and Kashem were actually sent back to the police on remand for a pe...... not wanted in connection with any other case. The non‑appellant accused Kashem will however not get any benefit of this appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 142. ..Category: Criminal Law | Date: | Hits: 86
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... air‑conditioning plant of 200 TR single chiller capacity. 35. The averments of the petitioner and the reply to it by the Bangladesh Bank has made this technical matter more technical and highly disputed fact for this Court to pass a definite opinion in its summary jurisdiction in writ but yet ......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....ndent Bank. Annexure J is legal notice dated 23.6.87 issued by petitioner and Annexure K dated 10.7.87 is the reply of the legal notice of the petitioner given by the respondent Bank. 9. It is not disputed that 969 share certificates were sold to the petitioner by Mr. S Khurshid Anwar and the ins......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....id suit by the present petitioner and other defendants for temporary injunction for restraining the plaintiffs of that suit including the respondent No. 4 of this writ petition from entering into the disputed lands. The injunction matter was heard by the learned Subordinate Judge, 3rd Court, Barisal......, a revisional application being Criminal Revision No. 547 of 1957 was preferred before the High Court of East Pakistan, as it was then. The High Court also rejected the said revisional application upholding the order of the Additional Sessions Judge, 3rd Court, Bakerganj. The respondent No. 4 and h..Category: Property Law | Date: | Hits: 63
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
....nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201.......ng for the defendant No. 3 appellant, has not argued the appeal on merit but he has argued the appeal only on point of law. His first submission is that the learned Subordinate Judge had erred in not holding that the suit is not barred against the defendant No. 3 under Order 1 rule 10 of the Code of..Category: Civil Law | Date: | Hits: 82
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ......inate Judge after hearing both the sides and noticing the Civil Order No. 462 of 1989 of this Court was pleased to reject the said application under Order 16 rule 10(3) of the Code of Civil Procedure holding, inter alia, ৭-৮ নং বিবাদী পক্ষে দাখিলী বি..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....tter was decided at the stage of fixing peremptory hearing of the suit without taking any evidence. Though as many as five issues were framed but the suit was dismissed without taking evidence on the disputed issues. So, this is a fit cause for sending the suit on remand to dispose of the suit on......diction to try such a case, the Civil Court shall retain jurisdiction to entertain and try such a case. For the above reasons, I do not find that the learned District Judge has committed any error in holding that the Civil Court is competent to hear the suit. 9. The learned Advocate for the petit..Category: Employment/Service Law | Date: | Hits: 64
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127....... file an application for proportional pre‑emption under section 96(5)(b) of the State Acquisition and Tenancy Act, 1951 as the purchaser pre‑emptee is not a stranger to the case land but a person holding land contiguous to the case land. He further argues that it is particularly not necessary as..Category: Property Law | Date: | Hits: 72
Abul Kasem Talukder Vs. Shamsul Hoque Shawdagar, 1991, 20 CLC (HCD)
.... of poll just on the eve of the polling giving no opportunity to the voters to know about the change creating thereby difficulties for them to cast their votes in time. 9. In the case before me, indisputedly, the order for opening of new centre at Khanebari Government Primary School after splitti......lection of the petitioner as being void while the rest of the order goes unchallenged. 8. The question, therefore, with which this Court is concerned whether the teamed District Judge was right in holding that the opening of the new centre at Khanebari Government Primary School was violative of r..Category: Election Law | Date: | Hits: 129
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... For the Applicant. Md. Moksudur Rahman, Advocate ‑ For the Respondent. Application No.133 of 1991. Judgment AM Mahmudur Rahman J.- This is an application for stay of realisation of the disputed amount of tax 60 the decision of the questions of law referred in the Reference Application...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115...Category: Fiscal/Taxation Law | Date: | Hits: 98
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....e and plaintiff dispossessed him during the liberation war and after dispossession he filed an application to the local Union Parishad against the plaintiff and there was settlement in respect of the disputed land by the chairman. The sale deed executed and registered on 2.10.63 was marked as Ext. 1......eeing the suit on the face of such contradictory claims. The learned advocate further submits that the learned Court of appeal below erred in law in his decision occasioning failure of justice in not holding that according to the provision of sections 91 and 92 of the Evidence Act oral evidence is i..Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
.... 2. Ganesh Pada Parial as plaintiff instituted Partition Suit No. 87 of 1969 against Priya Bandhu Bhattacherjee, Nirmal Chandra Bhattacherjee, Haripada Parial and Nirode Baran. His case was that the disputed land measuring 1.51 acres appertaining to RS khatian No. 966 and 4072 of Mouza Paschim, Guz......the appeal. Upon such findings the lower Appellate Court dismissed the appeal. 5. Mr. Mustafa Niaz Muhammad appearing for the appellant only urged before me that the lower Appellate Court erred in holding that the appellant who was not a party, to the original suit had no locus standi to file the..Category: Property Law | Date: | Hits: 69
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....ra of 3 witnesses. The contesting defendants filed an unsworn petition praying for dismissal of the suit on the ground of its non‑maintainability alleging that the schedule 2(ka) and 2 (kha) of the disputed land described in the plaint schedule situate at Trishal Upazila and as such the suit is no...... the suit to the said Court of Bhaluka for disposal and in that view of the matter the learned Munsif committed an error of law resulting in an error in his decision occasioning failure of justice in holding that the suit is not maintainable in its present form. 4. Mr. Serajul Hoque, the learned ..Category: Procedural Law | Date: | Hits: 102
Kadu and others Vs. State, 1990, 19 CLC (HCD)
.... submits that prosecution has been able to prove the charge beyond reasonable doubt at least in respect of appellant Kadu who struck the deceased with a katra in his left chest. 8. It has not been disputed that Asak Ali was murdered on 26th Chaitra, 1381 BS but according to defence plea he was mu......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....rs. Taking such advantage of the blank signed stamp papers the plaintiff in collusion with his brother fabricated the said bainapatra. His further case is that he himself and defendant No. 2 sold the disputed land to his wife Braja Bashi Debi by a kabala, exhibit 'Kha' which was executed on 14.4.74.......red on 25.4.74, exhibit 'Kha'. 6. Considering the evidence on record the Trial Court upon believing the evidence of PWs decreed the suit against defendant No. 1 with respect to 0. 12 acres of land holding, inter alia, that the contract in question was legally proved against the defendant No. 1. ..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....Rule in which the respondent Nos. 1 and 2 entered appearance and resisted the application by filing an affidavit‑ in ‑opposition contending that the writ petition was not maintainable inasmuch as disputed questions of title are involved, The further contention of the respondent Nos. 1 and 2 is t......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
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