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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......peal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 65. ..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......perty by the joint income of the property of both the brothers. The evidence of the PWs could not be dislodged or scanned down by the long cross‑examination made on behalf of the defendants. RS khatian of the suit property also was prepared in the names of both the owners, as stated, by the PW..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......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..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......d under section 3 of the Ordinance for acquisition of 0.1700 acre of land have been issued without lawful authority and is of no legal effect. Accordingly the petition is dismissed. Ed. ..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......ge of the High Court Division and accordingly, affirm the impugned judgment and order. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..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......tiable Instruments Act. 10. In the background of the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..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 ......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....er (Revenue) Comilla while the property in schedule 'A' which plaintiffs claim to have got on the basis of their exchange of the property described in schedule 'B' in the Tripura State, India is undisputedly the properties situate in the District of Noakhali, that the High Court Division as well......at the property of Khatian Nos. 30 and 32 cannot be treated as enemy property, 5. The case of the defendant No. 6 was that his father Puma Chandra Pal was the owner of the land recorded in khatian Nos. 29, 94, 100 and 255 as mentioned in schedule 'A' and that his father died leaving 3 s..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
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......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..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...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..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......el for the defendant‑petitioners is covered by issue No. 2 as framed for the suit. The petition is dismissed with observation. Ed. This Case is also Reported in: 8 MLR (AD) 41. ..Category: Civil Law | Date: 24 Jun, 2002 | Hits: 164
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ......herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......esiding in the suit property with his family members. Binayendra was never in possession of the suit land and after his death, his sons and wife never inherited the suit property and by mistake in RS khatian name of Ava Rani Aich was recorded with respect to the suit land. It is also claimed that th..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
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......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ..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...... of Habu Khalifa, the plaintiffs constructed three more dwelling houses on the suit land. Plaintiffs also sank a deep tubewell in the land. One Hafez Noor Mohammad however got his name recorded in RS khatian No. 220 without the knowledge of the plaintiffs and SA Khatian was also prepared following t..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...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..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......he result, the Rule is discharged without any order as to costs. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 604. ..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 ...... 3 other accused persons of the charges levelled against them. 2. The prosecution case, in short, is that accused Maruf Khan was a mortgagee under Moklesur Rahman in respect of plot No. 10 under khatian No. 555 of mouza Durgapur under Kendua Police Station. During the tenure of the mortgage inf..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......ile disposing of the petitions for leave to appeal. These petitioners are accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 143. ..Category: Election Law | Date: 22 Jan, 2002 | Hits: 109