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Mrs. Fatema Begum Vs. State, 2007, 36 CLC (HCD)
....om the date of receipt of this order in accordance with law after giving opportunity of hearing to the complainant petitioner. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 502. ......ribunal fixed the next date on 29.6.2006 for order with the direction to inform the complainant petitioner in the meantime. 4. The Tribunal by the impugned order rejected the complaint case upon holding that the inquiry Officer found no evidence as to the truth of the petition of complaint. ..Category: Women and Children | Date: 13 Aug, 2007 | Hits: 21
....rt. Secondly, whether notices/summons were properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower company or borrowed money from the bank or not which are disputed question of facts and for which remedy lies in the Civil Court and not under summary Writ J......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
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Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....that the plan for construction of the building admittedly exceeds 60 feet, the maximum limit permissible by the law. Moreover, though show cause notices are vital in the cases moreso, where there are disputed questions of fact, but in the present case, there is no disputed question of fact. On the c......an, the plea of the writ-petitioners that they did not receive letters of show cause prior to those letters at the selfsame address is not sustainable and the High Court Division committed error in holding that the letters were not sent to the writ-petitioners in their proper address and they did ..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
Abdul Majid (Md.) Vs. State, 2007, 36 CLC (HCD)
....ith if not wanted in connection with any other case. Lower Court's record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 52. ......d also the witness like Lokman, Bodiuzzaman and Liton, who alleged to have caught hold of accused Majid, were very much fatal for the prosecution which casts a doubt on prosecution case. 65. Withholding of most relevant and pertinent witnesses by the prosecution compels the Court to draw adve..Category: Women and Children | Date: 24 Jul, 2007 | Hits: 159
....e came to the age of marriage, got married with
the daughter of late Purna Chandra Ghosh of Serajganj. The mother-in-law of the
plaintiff and other relations requested to gift some portion of the disputed
land in favour of the plaintiff to run his family and accordingly the father
of the p......uns as follows:-
"Notwithstanding
anything contained in any other law for the time being in force or in any
contract or agreement, all transfers of land made by any member of a family,
holding land in excess of one hundred standard bighas within the meaning of Article 5, after the (..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shaikh Md. Mahmud Hossain and others Vs. Md. Abdur Razzaque and others, 2007, 36 CLC (HCD)
....applications have been filed in the Court and marked as Exhibits D-D1. Mr. Khan submits that the story of Will that has been subsequently brought in by the plaintiffs that Bastullah Shaikh gifted the disputed property in favour of the plaintiffs by the Will in the year 1968 and for arguments sake if......t Satkhira is hereby upheld and maintained. Let a copy of this judgment along with the lower Court's records be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 177. ..Category: Property Law | Date: 6 Jun, 2007 | Hits: 27
Al-Haj Abdul Maleque Gazi Vs. Government of Bangladesh, 2007, 36 CLC (HCD)
....Plot No.893 and constructed 2(two) tin shed house and are leaving therein with his family members. Said Mohammad Gazi died on 15th December, 1997 leaving behind the petitioner as his legal heirs. The disputed Plot No.893 is situated to the contiguous northwest corner of the existing Thana complex. S......e case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 184. ..Category: Evidence Law | Date: 3 Jun, 2007 | Hits: 10
State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......sher has been tendered at the instance of the prosecution. 47. P.W.15 Dr. Md. Bazlul Haque who has come to prove the post-mortem report which was prepared by Dr. Md. Nurul Gani, now in Japan, on holding the post-mortem examination of the deceased and found the following injuries:- 1. "..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
.... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ......said Act by the President's Order No.88 of 1972 which runs as follows: "95A—Notwithstanding anything contained in any other law for the time being in force, any transfer of a holding or of partition or share thereof, either by way of out and out sale with one agreement to re..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....doned property. The Government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property merely because the same is disputed by the claimant." 6. The learned Counsel lastly submits that the concerned authori......he petitioner has challenged the legality and propriety of the judgment and order dated 29-5-1997 (Annexure-A), passed by the First Court of Settlement, Dhaka, in Case No. 40 of 1995, excluding the holding No. 1-D/3-31, Mirpur, Dhaka, from the 'Ka' list of the abandoned properties. 2. Shor..Category: Property Law | Date: 6 May, 2007 | Hits: 5
S. M. Rafiqul Islam Vs. Md. Monjurul Islam, 2007, 36 CLC (HCD)
....ellaneous Case No.50 of 1998 is hereby affirmed. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 353. ......dduced another witnesses in support of his case. The opposite party No.1 examined himself as P.W.1. 5. The Rent Controller by the Judgment and order dated 18.2.1999 rejected the said application holding that there was no landlord and tenant relationship between the parties and the Petitioner wa..Category: Tenancy Law | Date: 3 May, 2007 | Hits: 149
Dominous Pizza and others Vs. Domino's Pizza Inc., 2007, 36 CLC (HCD)
....ourt. When any order is passed by the Court of Subordinate Judge, such order cannot be protected in the face of an appropriate order passed by the Court of Additional District Judge." It is no.1 disputed that a suit if filed against infringement of trade mark, it lies before the learned Distric...... The office is directed to send a copy of this Court to the concerned Court positively within a period of 60 days from date. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 780. ..Category: Intellectual Property Law | Date: 26 Apr, 2007 | Hits: 91
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
...." 11. In Babor Ali Pramanik Vs. Mesar Ali Pramanik, 1994 BLD (AD) 235 = 45 DLR (AD) 120 it has been laid down: "In the absence of any material to show, that the lessees are in possession of the disputed property upon renewal of their lease by the Government on payment of rent, such lessees can......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
......there was no scope for invoking section 33(4) of the Ain at this stage Similarly, section 33(5) or (7) also could not he invoked. Mr. Bhuiyan further submits that section 33(2), proviso, contemplates holding of more than one "auction sale". According to him if the bid is found to be t..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Safazuddin and another Vs. State, 2007, 36 CLC (HCD)
....ond furnished by him stands discharged/cancelled. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 321, 13 BLC (HCD) (2008) 271. ......e on outcry of P.W.2 Runa Laila could throw sufficient light in unfolding truth and non-examination of neighbouring persons would oblige this Court to draw an adverse inference against prosecution by holding that if those persons would have been examined as witnesses, they would not have supported p..Category: Women and Children | Date: 28 Feb, 2007 | Hits: 75
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
....nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ......plaintiff died on 28.7.1984 but because of the transfer of the suit obviously no petition could be made within the statutory period of 90 days and the learned Assistant Judge was well justified in holding that there was substantial cause for which the heirs of the sole deceased plaintiff could n..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)
....general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ......should not be disposed of abruptly affecting proper dispensation of justice. It is evident from the aforesaid discussion that the Tribunal Judge did not at all follow the legal provisions properly in holding trial of a case involving capital punishment. 37. Firstly, the learned Judge of th..Category: Criminal Law | Date: 19 Oct, 2006 | Hits: 6
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....mmissioner, Dhaka for taking necessary steps as directed in the body of this judgment. Send down the lower Court records at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 198. ......n she saw those persons running towards Taherbag and noticed that Eunus, Shamim and Iqbal were exploding bombs. When she approached a little further she saw Eunus Mollah and his brother-in-law Joynal holding the collar of the shirt of her nephew (sister's son) Badsha, who along with the victim's wif..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
.....1-5 to show cause as to why the Order dated 09-05-2001 passed by the learned Subordinate Judge, Third Court, Dhaka in Title Suit No.138 of 1991 rejecting the petitioners prayer for comparison of the disputed L.T.I.'s of Fuljan Bibi should not be set aside and or such other or further order or o......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ......udgment of reversal inasmuch the finding of the trial court on different issues have not been controverted or set aside by the appellate court. The appellate court committed gross error of law in not holding that exhibit-1 being a registered kabinnama there is a presumption of genuineness and the on..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
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