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Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
.... learned Counsel for the respondent that in the absence of application under section 117(1)(c) of the State Acquisition and Tenancy Act there cannot be separation of holding or mutation can hardly be disputed, rather it is the requirements of provision of law that an application for separation of ho..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....ed before a Tribunal. In other words, a Tribunal is competent even to vary or modify an order including an order of punishment/sentence in exercise of its powers under section 4 of the Act. It is not disputed that the Tribunal is competent to set aside an order. If that be so, it hardly stands to re..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
.... and she also got, compensation for acquisition of some other paternal land and thus from her own source which she acquired from her father's property, she had purchased many properties including the disputed ‘Chaa' schedule land and that while plaintiffs father decided to go to pilgrimage, by..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
.... said decree at the prevailing bank rate as provided under Article 21 of the Bank Order, 1972. 9. Mr. Khandaker Mahbubuddin Ahmed, the learned Counsel for the respondent, has not disputed the question of awarding interest by the learned Subordinate Judge except that the award wa..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
DC of Dhaka & ors Vs. Aziz Cooperative Housing Society Ltd. & ors, 2006, 35 CLC (AD)
....The submission would have bearing on the merit of the judgment of the High Court Division if for some other reason the judgment of the High Court Division would not have been found sustainable. The undisputed fact is that writ petitioner No. 1 and its members have obtained a plan duly approved by RA..Category: Property Law | Date: 16 Nov, 2002 | Hits: 72
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....for raising loans for the company and for no other purpose. 11. The next witness for the petitioners is PW 2 Md. Liaquat Hossain. He is a handwriting expert of the CID department. He compared the disputed signatures with the admitted signatures of those who purport to be their authors. Ms report..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Hashibul Bashar Vs. Gulzar Rahman and anr., 2004, 33 CLC (AD)
....t or, in other words, for commission of an offence under section 138 of the Negotiable Instruments Act is to be filed by the payee or the holder in due course of the cheque. 9. It is not disputed that accused-petitioner issued 3 cheques for repayment of the loan amount in favour of Anwa..Category: Business or Commercial Law | Date: 28 Oct, 2002 | Hits: 326
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....ous counts. They are as follows:- 14. In referring to and relying upon the comment dated 16-2-2002 of the Director General of BTV sent to the Attorney-General; in deciding purely a disputed question of fact on affidavit whether the Evaluation Report qualifying ETV is the first or ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....and have been created only to grab the property; that Mrs. Ovais Bandi did not shift to 9/12 Salimullah Road and never lived there ; that she left the country during the war of liberation leaving the disputed house uncared for which accordingly, vested in the Government by operation of law; that the..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....not have taken on its shoulder the burden to find malafide. It lies on the party who alleges it. 31. The High Court Division committed a serious error of law in adjudicating upon seriously disputed questions of fact in the writ jurisdiction. 32. Dr. Kamal Hossain, the learned Coun..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Sushil Kumar Paik & another Vs. Harendra Nath Samadder & another, 2002, 31 CLC (AD)
....perior courts. The High Court Division found that the decisions referred to concerned suits for declarations and suit for permanent injunction. The principles of law enunciated in those decisions not disputed but those decisions were not applicable in the facts and circumstances of this case. The Hi..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
.... an enemy property and subsequently as vested and non resident property; that the deeds of gift are collusive and fabricated documents. 5. Defendant Nos. 6‑8, the alleged lessees of the disputed land under the government (present respondent Nos. 1‑3) also contested the suit by filing..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....joyment would be solely in assertion of hostile title. "In order to claim title by adverse possession it is incumbent upon a person to prove that he has been in continuous possession of the disputed property over the statutory period of 12 years in assertion of his hostile which the plaint..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
....allenged before the High Court Division in revision. 5. The High court Division it appears reassessed the evidence of PWs and DWs in respect of possession and decided disputed question of fact by holding that the defendants paid rent on the basis of wrong SA record w..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)
....lowing the opposite parties to be impleaded in the suit on the death of the sole plaint. 7. Lal Mohon Mondal is the sole plaintiff in the suit who was the exclusive owner of the suit land is not disputed by the parties. Petitioner disputes the identity of sole plaintiff Lal Mohon which issue ca..Category: Property Law | Date: 6 Mar, 2002 | Hits: 56
Hazrat Khan @ Hazrat Ali Khan Vs. State, 2002, 31 CLC (HCD)
....the Code of Criminal Procedure. 15. PW 3 Abdur Rahman stated in his evidence that at about 12.00 noon on 30th Jaistha 1391 BS victim Asaruddin opposed the accused-persons in cutting paddy in the disputed land when accused Rahmat dealt a lathi blow on his neck, as a result of which he fell down ..Category: Criminal Law | Date: 6 Feb, 2002 | Hits: 29
Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).
....ision on perusal of materials on record found that the population census of 1991 showed 3% increase of population per year and the question of variation of population taken in the other petition is a disputed question of fact which cannot be resolved in writ jurisdiction and that section 21 (1) of t..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109
Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).
....n on perusal of materials on record found that the population Census of 1991 showed 3% increase of population per year and the question of variation of population, taken in the other petition is a disputed question of fact which cannot be resolved in writ jurisdiction and that section 21(1) of t..Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
.... 49 dated 6-1-91 ordered for analogous execution of execution case Nos. 2 and 3 of 1989 with execution case No. 8 of 1983. It is submitted thereupon that the revision application involves decision on disputed questions of fact, resolution of which is not possible and the Rule is therefore liable to ..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).
....ners." 6. Leave was granted to consider the submissions made on behalf of the appellant-Bank that "in the FIR it has been stated that on the request of respondent No. 1 the disputed DANO Milk Powder was delivered to the importer and this statement by itself cannot be a gro..Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95