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Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)

....l of the applications which were also heard analogously, both parties led evidence in support of their respective claims and contentions. Original position of respective shares of the parties was not disputed, but it is the subsequent transfer of 4450 shares of the respondent in favour of the Managi..

Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296

Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)

....ff and pro-defendant No. 20 were dispossessed from plot No. 2 as well. 3. The case of the contesting defendant Nos, 1, 2, 3 and 5 to 10 is that Benode Behari Das, while in khas possession of the disputed land and other lands of his taluk, sold his entire interest in the taluk to Sajjad Ali by a..

Category: Property Law | Date: 28 May, 1990 | Hits: 57

Abdur Rouf Mia Vs. Ministry of Local Government, Rural Develop­ment and Co‑operatives and others, 1990, 19 CLC (HCD)

....ting without any enquiry without giving Respondent No.10 an opportunity to be heard violating the principles of natural justice. Neither the Election Commission nor the High Court can decide the disputed question of fact and election Tribunal is the only forum to ventilate any such grievance. ...

Category: Election Law | Date: 24 May, 1990 | Hits: 101

AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)

....tends that the plaintiff's suit being suit for declaration of title by way of adverse possession she ought to have proved her continuous and uninterrupted possession for more than 12 years in the disputed land. He next submits that the finding of possession of both the Courts below in favour of ..

Category: Property Law | Date: 22 May, 1990 | Hits: 111

Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)

....antage over the defendant and as such the prayer for decree should be re­fused on condition of payment of solatium to the plaintiff, the learned Advocate for the respondent submits that it is not disputed that the relief for spe­cific performance of a contract is a discretionary one but in t..

Category: Property Law | Date: 15 Mar, 1990 | Hits: 66

Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)

....against Subhashini) was also noticed by the Courts below. Defendant No. 1 Stated therein that he never denied the plaintiff's claim and that he was now a tenant of the plaintiff in respect of the disputed house. Both the Courts below field that the story of adverse possession set up by defendant..

Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123

Ataur Rahman & others Vs. State, 1990, 19 CLC (HCD)

....he ground that the doctor left the country and his attendance cannot be procured without an amount of delay or inconvenience which under the circumstances of the case would be unreasonable. It is not disputed by the defence side that the doctor who held post‑mortem examination on the dead body of ..

Category: Criminal Law | Date: 14 Mar, 1990 | Hits: 65

Zakir Hossain and others Vs. The State and other, 1990, 19 CLC (AD)

....ady been examined the instant criminal proceeding is not liable to be quashed. It is urged that as the appellants committed the offences long before the malafide institution of the Civil Suit and the disputed fraudulent kabalas in their originals have not yet been filed in Court, the provision of se..

Category: Anti-Corruption Laws | Date: 12 Mar, 1990 | Hits: 114

Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)

....posit the rest of the amount within two months there from. The impugned provision of law contemplates a loan and the default in repaying the loan and the allowable time for such petitioner. 7. Undisputed position comes to that the petitioner took loan from the specified Bank, namely Sonali Bank..

Category: Election Law | Date: 5 Mar, 1990 | Hits: 136

Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)

....he Bank the latter is not under any obligation to stay the execution proceeding. 3. We have heard Mr. Maksum-ul-Hakim, learned Counsel for the Bank, respondent No.2. Facts as given above are not disputed. In the Agreement for sale of the suit land, the bank was not directly a party, but it is t..

Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222

Ziaul Hoque Vs. Election Commis­sion, 1990, 19 CLC (HCD)

....and this case is not only vexatious but to harass his client and cause loss to him. He further submitted that since name of his client has been published in the official Gazette and the case involves disputed question of fact the writ petition is not maintainable. 7. In this case admittedly del..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)

....er of injunction passed in Title Suit No.233/80. 2. Considering all these facts, the Court unanimously decides that Meher Ali, Ful Chand, Rustam, Dil Mohammad and Ali Hossain be evicted from the disputed land (i.e. plot No.131 and 132) and the Court also decides and orders that the distribution..

Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152

Ananda and others Vs. State, 1989, 18 CLC (HCD)

....h Ramjilal. In the circumstances, the conviction of Mohanlal under section 366, Pen­al Code cannot be sustained." 16. The principle as spelt out above is based on sound reasoning and, thus, never disputed. 17. As to the offence of illicit intercourse in the instant case it has been found here..

Category: Women and Children | Date: 24 May, 1989 | Hits: 143

Mrs. Sajeda Parvin Banu Vs. Government of Bangla­desh and others, 1988, 17 CLC (AD)

....ion which was substituted by the so-called fresh order resulting in the effect in continuing the detention without any break which was the subject matter of the rule. 5. Back to the facts: The undisputed facts that have emerged in course of the proceeding are as fol­lows: On the 14th of Mar..

Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95

Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)

....s applied by the High Court Division on proper appreciation of facts and correct interpretation of law involved in this case. 6. Facts of the case, though a little complicated, are not seriously disputed except in the case of possession, and as such it is a case mainly involving questions of la..

Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106

Sreemati Parul Kusum Roy Vs. Bangladesh & others, 1987, 16 CLC (HCD)

....tition No.73 of 1986. Judgment Amin-ur-Rahman Khan J. - This Rule is directed against the order of the respondent No.3, namely the Upazila Nirbahi Officer, Anowara dated 14.09.85 declaring the disputed properties as vested property on the recommendation of the respondent No.4, namely Upazila,..

Category: Property Law | Date: 22 Mar, 1987 | Hits: 13

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....uently transferred to the Second Court of Subordinate Judge of that place and was renumbered as Title Suit No.4 of 1982. According to the plaintiff's case opposite party No.2 was the owner of the disputed property. He left the territory now comprised in Bangladesh in 1950 leaving the property in..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)

.... 6. The petitioner filed affidavit-in-reply to the affidavit in opposition filed by the respon­dent No.1 and respondent No. 3 and reiterated what was stated earlier asserting further that the disputed fishery falls within the Baralekha Upazilla and a small part of it falls within Ku­laur..

Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247

Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)

....g into the polling booth. The agents were not able to perform their respe­ctive duties as a result of interference by the followers of the opposite party No.1. The Tribunal also found that in the disputed South Dharmapur Centre, the petitioner and the other candidates secured in total only 15 vo..

Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4

Abul Quasem (Md) Vs. Md. Lutfur Rahman, 1985, 14 CLC (AD)

....ted that the work of survey shall, where practicable, be connected with such permanent marks as may exist in the vicinity and that the map prepared shall show the permanent marks, the boundary of the disputed land, the boundaries of adjacent lands so far as may be necessary and the Position Of the S..

Category: Property Law | Date: 11 Nov, 1985 | Hits: 44