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Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
.... 12 years. 10. The trial Court observed that, "All of these five witnesses are owners of contiguous lands of the suit land and they have produced documents of their title in support of their statements. They have produced the Mouza Map Exhibit 12 to show that, in fact, they have got land ad......ng the suit land for over 12 years. The SA record was also correctly prepared in their names accordingly. 9. The plaintiffs filed 11 rent receipts Exhibits 1‑1(K) showing payment of rents to the ex‑landlord in respect of the suit land. The trial Court, as it appears, observed tha..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
.... the law of limitation and there was service of summons upon her through Court and she herself appeared before the Court through a Lawyer and by filing power and petition took time for filing written statements on 18-4-95 but subsequently did not file any written statement and also took no steps and......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
....ioner Vs. Government of People's Republic of Bangladesh & others.............Respondents Judgment November 27, 2004. Result: The Rule is made absolute. Mere statements of the respondents that whereabouts of the original lessee or his vendors were not presen...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
....ent No. 1 or his agents. He has also referred to the evidence of PWs 4 and 5, two witnesses taking part in the conduct of the election of disputed Burudia High School Polling Centre. Referring to the statements made in the election petition itself the learned Counsel submits that the allegations now......r that the impugned order calls for our 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) 14. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......dwelling hut thereon spending a sum of Taka 6,000 and also planted different trees thereon and spent Taka 7,000 for the purpose. After their purchase they got their names mutated and have been paying rents to the government. The pre‑emptor is not a co-sharer and, as such, the present case is not m..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....n claims that they entered into the shops with knowledge of the owner. The owner did not take any steps for eviction during their business. The owners had no knowledge since when they possessed. Such statements clearly prove that initial entry of the plaintiffs and possession since then was permissi......ed that in paragraph 3 of the plaint it was averred that the owner possessed the shops through tenants. One manager under the control of Hasen Banu, wife of deceased Hafez Mohammad Hossain, collected rents from the shopkeepers. In 1979 four-roof hut was vacant. He never counted how many rooms were t..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....ed 19‑392 both in the land record as well as in the Dhaka City Corporation. 12. Defendant No.1 first alone then jointly with defendant Nos.2 and 3 contested the suit by filing two written statements. 13. Their common case, in short, is that on 4-8‑84 one Mizanur Rahman lodged......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....rticles 27, 31 and 40 of the Constitution. 9. The learned Assistant Attorney-General however, finds it difficult to oppose this contention. 10. After careful scrutiny and examination of the statements contained in the writ petition and the documents annexed thereto, the contentions advance......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ned by the enquiry committee but the petitioner allegedly was not given an opportunity to cross-examine any of them or he was not given an opportunity to state his side of the story in respect of the statements made by those witnesses examined by the enquiry committee. This is a gross violation of r......nbsp; ..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....e claims the bank is required to prove such liabilities against the defendants. But the bank did not produce any papers sanctioning of any of the loans and/or of letters of credit. It has adduced two statements of accounts Exhibit 11 and 11(Ka) in support of its claims.
26. Said accounts statem......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
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Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
.... the instant case, it appears that the learned Judge of the tribunal besides discussing the law took into consideration the facts and circumstances of the case. The Tribunal judge also considered the statements made by witnesses under sections 164 and 161 of the Code of Criminal Procedure and based ......the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....requested them to allow him time. Plaintiffs remained silent and did nothing to get the deed executed and registered paying the rest amount. On 12‑5‑1994 and 30‑5‑1994 appellant filed written statements. At the time of filing those written statements appellant was ill and went away to Americ......€‘12-1992 appellant sent a letter to the father of the plaintiffs in Saudi Arabia by post with acknowledgment due. Before institution of the suit on 23‑6‑1993 plaintiff No.1 along with his parents and Senior Advocates Md. Idris and Afsaruddin Ahmed went to the residence of the appellant for..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....ntentionally and her title has been clouded by that ex parte decree and thus, she has been obliged to institute the instant suit. 9. The defendant Nos.1 and 2 have submitted two separate written statements and contested the suit. In his written statements the defendant No.1 stated that the plai......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
MM Ishak Vs. State and another, 2004, 33 CLC (HCD)
....s informant wife. So, according to him, there is no ground for quashing the proceeding. 7. We have gone through the police report submitted under section 175 of the Code of Criminal Procedure, the statements of the witnesses recorded under section 161 of the same Code and the order of taking cogn...... Nari‑o‑Shishu Nirjatan Daman Tribunal No. 4, Dhaka, is hereby quashed. Communicate this judgment to the concerned Tribunal at once. Ed. This Case is also Reported in: 56 DLR (2004) 516. ..Category: Women and Children | Date: 25 Jul, 2004 | Hits: 156
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. ......id 36 decimals of the suit land to the plaintiff and delivered possession. SA record of rights was accordingly prepared and finally published in her name and she possessed the suit land on payment of rents. As the defendant claimed that he got title in the suit land the plaintiff was constrained to ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
....urisdiction of the Arbitration Tribunal accepting all the three arbitrators including the Chairman and thereupon, having participated in the arbitration by submitting its pleadings, document, witness statements etc. and thereafter, having appeared and participated in the hearing, the plaintiff is pr......ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
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Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....ations on 10‑6‑92 and 16‑11‑92 but the same were rejected on 9‑2‑94. 3. The case was contested by respondent No. 1 Government and respondent Nos. 2‑61 by filing two separate written statements though substantially on similar grounds contending, inter alia, that the PSC has on the b......aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
....k satisfied the requirements of sub section 1(ka) of section 28, the Bankruptcy Court rightly rejected the petition leaving the parties to prove their own averments made in the plaint and the written statements and in the petition under section 28 of the Act for decision in the suit on taking eviden......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
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Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......t 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 mutation and non-production ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ......rited property of one Jyoti Bhushan Dutta as his adopted son and appointed the defendant (Md Nurul Huq) as his attorney on 11‑6‑1981 to look after and manage his properties and to recover rents from the tenants and that on 26‑5‑1982 he, however, revoked the power of attorney ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
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