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Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)

....nt of section 9 of the Artha Rin Adalat in 1990. 4. The defendant opposite parties appeared and filed a joint written statement on 29.8.91. In the said written statement they admitted the loan but disputed the claims of the plaintiffs and also made a counter claim of Taka 2, 67, 04,706.91 against......aintiff is allowed and the counter claim is rejected. In view of the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (1996) 57. ..

Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191

Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)

....f the property from the minor. 17. Mr. Moinul Huq lastly argued that plaintiff‑appellant No.2 having attained majority in the meantime and expressed his intention thereafter to own the disputed contract there should be no difficulty in allowing the specific performance of contract no......sion of the High Court Division.  The appeal is, accordingly, dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 35. ..

Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295

Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)

....arty in his Title Suit No. 19 of 1986 is that the petitioner and the opposite party being full‑brothers and that the petitioner being the eldest brother, both of them jointly took settlement of the disputed land from the previous owner but that the petitioner fraudulently instituted Title Suit No.......aintiff is that the plaintiff is the owner of 0.09 decimal of land of RS plot No. 2048 by pattan taken in 1359 BS from the previous owner Sukumar Sen and others. This land was wrongly recorded in the khatian in the name of the previous owner and so, the plaintiff Tufan Das filed a suit being Title S..

Category: Property Law | Date: 17 May, 1994 | Hits: 3

Farhad Hossain Vs. Mainuddin Hossain Chowdhury, 1994, 23 CLC (HCD)

....ation before the learned Magistrate that there is apprehension of serious breach of peace over construction of the said 1” high wall obstructing pathway of the 1st party‑opposite party in the disputed land. We, therefore, find no substance in the contention of the learned Advocate for the pe......passed at the time of issuance of the Rule stands vacated. Let a copy of this judgment be communicated to the Court below. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 127. ..

Category: Criminal Law | Date: 27 Feb, 1994 | Hits: 1

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

....mmad Hoque Chowdhury, being dead his heirs: Mohammad Ali and others). In para 5 of this decision it has been observed as follows: “As to the observation of the High Court Division that the disputed figures in the judgment were put deliberately by the trial Court, we do not find any basis ...... certified copy of the decree before the executing court after its correction. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 199         ..

Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1

Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)

....sion Bench that an award can be set aside on the ground of an error of law as being judicial misconduct if the error appears on the face of the award. It is a well settled principle of law and is not disputed by the learned Advocate for the respondent. Mr. Akhtar Imam has further referred to the cas......the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ..

Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4

SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)

.... with the withdrawal of the Martial Law on 10.11.86 by a proclamation and in that view of the matter there remained no competent authority to review the order of retirement of the petitioner. It is undisputed that the petitioner while holding the post of Sub-Divisional Adjutant of Ansars and VDP was...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251   ..

Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1

Alhaj Mohammad Rahim¬uddin Bharsha Vs. Bangladesh represented by the Secretary to the Ministry of Works and another, 1994, 23 CLC (HCD)

.... and was in possession thereon; that while in such title and possession the said Abu Zahid Md. Omar entered into an agreement with the petitioner to sell the said house hereinafter referred to as die disputed property to him and obtained necessary permission from the respondent No.2 on 11.3.85 (Anne......e notification dated 23rd September 1986. As there is no appearance of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 130. ..

Category: Property Law | Date: 12 Jan, 1994 | Hits: 3

Sadeque Uddin Ahmed & others Vs. Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others, 1993, 22 CLC (HCD)

.... Dhaka for residential purpose and the same has never been released or derequisitioned. The claim of the petitioners that they are the successors‑in‑ interest of the original owners has also been disputed. 8. Besides the application and the affidavit-­in‑opposition filed on behalf of ......rged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 205       ..

Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2

Haji Abdur Rahim Vs. Secretary, Ministry of Land Administration and Land Reforms & others, 1993, 22 CLC (HCD)

.... authority and are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 378   ......fidavit‑in‑reply denying allegations and reiterated the statements made in the petition and further stated that the petitioner purchased 1.68 acres of land out of plot Nos. 3730, 3731 and 3732 of khatian No. 941,946 and 971 being MRR Khatian No. 784, 787 and 800 in his own name and in the names ..

Category: Property Law | Date: 9 Sep, 1993 | Hits: 4

Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)

....he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279     ......he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279     ..

Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2

A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)

.... upon an application for winding up of the Bank, the Dhaka High Court made an Order on 26.5.50 winding up the Bank; and it was held therein that at the date of institution of the suit on 31.12.56 the disputed account was no longer a mutual open and current account, the same having been closed long a......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156   ..

Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3

Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)

....ourt's order it will be unlawful and illegal. 9. Her further case is that her assertions that she has embraced Islam and changed her name and married Abdul Khaleque voluntarily have not been disputed by the opposite party under oath. The Medical Examination report was neither challenged nor...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ..

Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3

Professor Ghulam Azam Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others.1993, 22 CLC (HCD)

....vocate appearing for the detenu-petitioner, has taken us through the writ petition and the connected annexures and submitted that even if the detenu-petitioner is not a citizen of Bangladesh which is disputed, he is not at least a foreigner as he has not been adjudged as a citizen of any other count...... Ramna, Dhaka, now detained in Dhaka Central Jail, at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 29   ..

Category: Constitutional Law | Date: 14 Jul, 1993 | Hits: 7

Abul Khayer and 3 others Vs. State, 1993, 22 CLC (HCD)

....ions reported in 36 DLR 185 (Safar Ali Vs. State) and 41 DLR 66 (Angur Vs. State). Mr. Mamun, the learned AAG, on the other hand, submits that the principles as settled in the above decisions are not disputed, but it has to be seen whether the same are applicable in the facts and circumstances of th...... any other case. Let the records of the case be sent down at once along with a copy of this judgment and order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 212   ..

Category: Evidence Law, Procedural Law | Date: 8 Jul, 1993 | Hits: 10

Amela Khatoon and others Vs. Chairman, Court of Settle¬ment and another, 1993 CLC (HCD)

.... 6. It appears from the impugned judgment that the Court of Settlement disbelieved the P.W.s. and dismissed the case holding, "Homaira's whereabouts was not known and was not staying in the disputed house while transfer was being being made and the property came within the mischief of Arti......d in the Bangladesh Gazette (Extraordinary) dated 23.9.1986 has been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 18 ..

Category: Abandoned Properties Law | Date: 24 Jun, 1993 | Hits: 14

Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)

....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ..

Category: Property Law | Date: 21 Jun, 1993 | Hits: 6

Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)

.... come to a finding that the assessment made by tile Courts below has been erroneous. We are afraid that this is not the scope of section 561 A of the Code of Criminal Procedure. 8. Now it is not disputed that the appeal from the judgment and order dated 19.8.91 passed in the Special Tribunal Ca...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175   ..

Category: Criminal Law | Date: 11 May, 1993 | Hits: 1

Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others Vs. Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Government of Bangladesh and another, 1993, 22 CLC (HCD)

....rs are not as specifically vested in the High Court Division by our Constitution as in the Supreme Court of Pakistan by the Pakistan Constitution, the learned Additional Attorney­ General has not disputed that the petitioner No.1 Is an association for looking after the welfare of the retired gov......stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 426     ..

Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1

Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)

....he learned Advocate appearing for the respondent husband, submitted that under the personal law of the parties the child is to be in the custody of the mother till he is seven years of age. It is not disputed, yet the father of the child should not be denied access to the son, he being the father an...... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399   ..

Category: Family Law | Date: 13 Dec, 1992 | Hits: 4