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Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)
....228 of 1996 unsuccessfully challenged the judgment and order dated 4-5-94 passed by the First Court of Settlement in case No. 358 of 1989 (Ka-55) allowing the same and directing the release of the disputed building from the list of abandoned buildings published in the gazette notification under ......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..Category: Property Law | Date: | Hits: 64
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....d shopkeepers and depositing the compensation money with the Government in favour of the owner. 5. Respondent Nos. 1 and 2 resisted the writ petition by counter affidavits to the effect that, the disputed property was acquired only for extension of Tofail Azam Road and not for construction of an......lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
.... (PW 6) and his mother-in-law, the grandmother of defendant No. 1 (PW 7) positively proved the requirements of benami transaction i.e. sources of money for purchasing and taking settlement of the disputed land, custody of the documents, continuous possession of the property, etc. which the tria......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)
....tures on the loan application and in the mortgage deeds. Mawlana Abdul Hye signed his name as a witness and accused Hatem All Howlader stood guarantor for the repayment of the loan. It is also not disputed that Taka 18,600.00 was withdrawn from the Sonali Bank. Further, the specimen signatures, ...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ..Category: Criminal Law | Date: | Hits: 67
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
.... that the respondent filed certificate case No.127 of 1990 for realisation of the principal amount claiming Tab 2,619 million with local currency of Taka 0,500 million with interest. The petitioner disputed the amount claimed by the respondent and instituted Tide Suit No. 44 of 1990 in the Court...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)
.... of notices under sections 5(1a) and 5(3) and for determining compensation afresh. In course of his discussion, he observed that Shah Sufi Emaduddin Ahmed Chisty had transferred some parcels of the disputed land on different dates since 1977 in favour of the petitioners before him. The concerned......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..Category: Property Law | Date: | Hits: 50
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....ttlement. 3. The appellant along with respondent Nos.2 and 3 of the writ petition opposed the Rule by filing an affidavit-in-opposition stating, inter alia, that the original lessee of the disputed property namely, Afaq Ahmed Khan during the war of liberation had left Bangladesh for Pak......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... paying rent regularly and, as such, he is not ejectable therefrom without the due course of law. Accordingly, he sought for a declaration that the orders for handing over vacant possession of the disputed stalls, contained in the aforesaid Annexure ‘F and ‘Fl’ have been issued...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....I of 1989), section 11 Since the decision of the Board of Investment is deemed to be the decision of the Government order of the Board of Investment to allow exempted rate for releasing the disputed machinery the National Board of Revenue shall implement the same and the respondent should......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..Category: Business or Commercial Law | Date: | Hits: 112
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....oner, submits that the impugned modification order should not have been made during the pendency of the contempt case because decree-holder-respondent No.2 would execute the decree and realise the disputed money causing great prejudice to the petitioner. 5. We have not been able to unde......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ..Category: Others | Date: | Hits: 74
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ...... as chaua rayat at a rental of 9 maunds 18 seers and 12 chataks paddy under Sharat Shundari Devi. Defendants Asiruddin Mondal and Easin All Mondal possessed the suit jote in equal share and the CS khatian was prepared in their names accordingly. During the revisional rent roll operation the suit..Category: Property Law | Date: | Hits: 52
Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)
.... 145 Cr.P.C. stating, inter alia, that the aforesaid petitioner Abul Bashar Chowdhury has already filed Title Suit No. 216 of 1994 in the 3rd Court of Subordinate Judge, Dhaka for partitioning the disputed plot claiming his share of 0.036 acres out of a total area of 0.69 acres and in that suit ...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ..Category: Criminal Law | Date: | Hits: 68
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....d possession of the land was taken over by the Government and it was handed over to the RAJUK and it set up Uttara Model Town upon the land and that the petitioner’s claim of possession being disputed cannot be decided in writ jurisdiction. 5. Sub-section (1) of section 29 of the To...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ..Category: Property Law | Date: | Hits: 94
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....esentations made by the respondent for its release. 7. The Peoples Republic of Bangladesh (appellant No. 1) contested the writ petition. In the affidavit-in-opposition it contended that the disputed property comprising 6 rooms was requisitioned on 1 July 1974 and the other rooms on 16 Jul......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ..Category: Property Law | Date: | Hits: 73
Billal Vs. State, 2000, 29 CLC (AD)
....the Mirpur Bus Stand No. 1 where the victim was found lying unconscious in a pool of blood with stab injury. On being taken to the hospital the doctor declared him dead. Death of the victim is not disputed and the same has been proved by the evidence of the doctor PW 5 who held post mortem exami......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ..Category: Criminal Law | Date: | Hits: 58
Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)
.... Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 26 When the election process is still on, the High Court Division ought not to have interfered with the matter on a disputed and controversial fact and resolved them on mere affidavits. High Court Division has excee......d in Writ Petition No. 44 of 1998 is hereby set aside and the Writ Petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Election Law | Date: | Hits: 110
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49...Category: Civil Law | Date: | Hits: 142
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....uly 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the disputed property and in writ jurisdiction the High Court Division is not debarred to comment on ti.......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ..Category: Constitutional Law | Date: | Hits: 164
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....t the pre-emptor is a co-sharer of the land. 3. The pre-emptee contested the cases stating that respondent Nos. 2-4 got saham in Partition Suit No. 36 of 1975 and they sold the same by the disputed three sale deeds and thereafter the pre-emptee got his name mutated and also spent a subst...... 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. ..Category: Property Law | Date: | Hits: 57
Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)
....rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ......rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ..Category: Property Law | Date: | Hits: 51
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