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Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....e High Court Division in Appeal from Original Decree No. 27 of 1988 allowing the appeal. 2. The plaintiff‑respondent Nos.1‑3 instituted Other Suit No.71 of 1987 for declaration of title to the disputed property and for declaration that order dated 30‑6‑1986 and 11‑6‑1987 are illegal, ......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......stituted the suit against Abdul Aziz Miah, predecessor of opposite parties for a decree of declaration of title in northern 36 decimals out of 76 decimals of land of CS plot No.274 appertaining to CS khatian No.86 fully described in the schedule to the plaint. 3. Plaint case, in short, is that ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....nded by the plaintiff. The plaintiff thereafter permanently left India and came to live in the then East Pakistan on 25‑3‑1961 and on his demand said Salamatullah promised to leave the disputed property soon. In April, 1962 Salamatullah was transferred to Karachi but he left for Kara......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....d another agreement for creating further charge on the deed for the loan of Coast Marine Lines, Limited Admittedly, no issue on the basis of the said denial of the parties was framed regarding the disputed nature of mortgage as alleged in the said Artha Rin Adalat Suit. DW, 1 Mr. Azfar Ahmed, an ......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....d has got his name recorded in khatian No. 450/2 and as such pre-emptor ceased to be the co-sharer of the land of the case khatian. Thepre-emptees, contended that they had effected improvement of the disputed land. 4. The trial Court allowed the prayer for pre emption on the finding that the pre-em......pect of the sale by 5 different kabalas dated 5.9.1988. The claim of pre-emption was made on the assertion that by inheritance the pre-emptor is the co-sharer of the land of lot Nos. 2183 and 2184 of khatian No. 450. 2. The pre-emptor claimed to have inherited the land of khatian No. 450 from his f..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
....n for temporary injunction. 10. In Abdul Jalil Munshi Vs. Abu Bakr Siddique, 35 DLR (AD) 42 by dismissing an appeal the Appellate Division directed maintenance of status quo ante in respect of a disputed passage. Appeal was presented against an order of a single judge of this Division directing...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....ng attached to the earth or, in other words, the compensation is to be assessed both for the movable and immovable properties. 6. The learned Additional Attorney‑General hits not disputed that 15% statutory compensation is allowable under the law in respect of the matters as co......rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: 25 May, 2004 | Hits: 121
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....h other as given in First Miscellaneous Appeal No.133 of 1991 and First Miscellaneous Appeal No. 134 of 1991 requires reconsideration and re-conciliation. 13. The land sought to be pre-empted is undisputedly within the Chittagong Municipality and as such pre-emptor (appellant in both the appeals)...... accepted. The mere fact that notice of the mutation proceeding has not been served on the respondent can not defeat the final order passed by the Revenue Officer when on the basis of that a separate khatian was opened and rents paid by the petitioner-respondent. The non-filing of petition for mutat..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....alf of the respondents that the writ petition is incompetent inasmuch as the petition was made without first availing of the remedies available under the Act by way of appeal and revision against the disputed orders of requisition. It is true section 4A of the Act as inserted by Ordinance No. III ...... above of the High Court Division not being sustainable in law is hereby set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....d as leave without pay as per regulations 31 (b) of the Regulation, 1981. 12. It may be mentioned that AAT found the allegations of unauthorised absence and borrowing of money were not disputed by the respondent and in that background the AAT held that the AT had rightly held that t...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....r than the contractual obligation, there is no scope for price adjustment to be made in favour of the appellant, more so these matters arose out of the alleged contractual obligation based on certain disputed questions of fact which cannot be decided under writ jurisdiction. 4. Mr. Rafique‑u...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....der dated November 5, 1996 of a Division Bench of the High Court Division in First Appeal No. 191 of 1992 sending back on remand the suit to the trial Court with a direction to the parties to get the disputed signature examined by a handwriting expert and for that they would file application within ......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....ompanies Act, 1994. 3. The respondent company filed an affidavit-in-opposition wherein they have contended that the applications are not maintainable in view of the fact that the claims are disputed by the company. The further case of the company is, that the company is willing to pay the ......tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....er the material evidence on record……..(6) The High Court Division rightly decided the case holding that the summary finding of the appellate Court that the disputed transfer is an exchange not a sale has not been made with reference to any evidence and, a....... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Hafizur Rahman & another Vs. State and others, 204, 33 CLC (HCD)
....e order dated 10‑7-2001 by which cognisance of the case against the accused petitioners under sections 415/316 of the Penal Code was, taken on the basis of the judicial inquiry report. It is undisputed that after investigation police submitted FRT against the accused petitioners and, on the b......7‑10‑2001 is hereby recalled. Communicate this order to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 588. ..Category: Criminal Law | Date: 17 Jan, 2004 | Hits: 3
Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....ision of Clause 23 of the lease deed for violation of clause 3 of the leased deed. The undenied position is that show cause notice, in all 3 (three), of which receipt of first and second admitted but disputed receipt of the 3rd show cause notice, and in all the show cause notices the respondent Nos....... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899