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Displaying 441-460 of 1818 results.

Mojibur Rahman Gazi Vs. State, 1993, 22 CLC (HCD)

.... the sentence of death imposed upon the appellant was proper as the murder committed by the appellant was cruel and diabolical. 11. The date, time, place and the manner of the occurrence are not disputed. It is rather admitted that the appellant Majibur Rahman Gazi dealt Dao‑blow causing inju..

Category: Criminal Law | Date: | Hits: 2

Abdul Mannan Shah & others Vs. Kafiran Nessa being dead her heirs: Md. Abdul Gofur Shah and others, 1992, 21 CLC (HCD)

....etails of the deed in question showing plaintiff as executant of the deed. In fact plaintiff never executed and registered such deed of Hiba‑bil‑Ewaj. The cause of action arose on 7.7.83 when the disputed deed was registered. 3. Defendant No.1 contested the suit by filing written statement ..

Category: Evidence Law | Date: | Hits: 7

Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)

....on is not maintainable in its pres­ent form and manner and the petitioner has no locus standi to file a petition like the present one regard­ing a past and closed matter. The petitioner raised some disputed questions of facts, which cannot be decided under writ jurisdiction. That the writ peti­ti..

Category: Alternative Dispute Resolution | Date: | Hits: 96

Akhtaruzzaman Akhtar Shah (Md.) Vs. State, 2011, 40 CLC (HCD)

....id marriage took place between the prosecutrix and the petition­er. So there is no ingredient under section 493 of the Penal Code. So the proceedings are required to be quashed. Such grounds are the disputed question of facts and the same should be decided at trial and the plea of the petitioner is..

Category: Criminal Law | Date: | Hits: 126

Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)

.... the same need not be gone into, as such, we do not feel it necessary to go for consideration of the evidence on record more particularly when the factual part of the case, is rather found, no longer disputed. 19. Turning to the point of law raised by the parties in this appeal, particularly Sect..

Category: Civil Law | Date: | Hits: 133

Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)

....s on record that the plaintiffs have sought for a declaration as to the legality of certain enemy property procee­dings precisely on the basis that they are co-sharers in exclusive possession of the disputed holdings. According to them one of the co-sharers namely Bibhuti left this country dur­ing..

Category: Property Law | Date: | Hits: 64

Sree Samir Kumar Nath and Others Vs. Government of the People’s Republic of Bangladesh and another, 2012, 41 CLC (HCD)

....Barman and others, 11 BLD (AD) 245. Under similar facts and circumstances M H Rahman, J while speaking on behalf of the Court held: “In a simple suit for permanent injunction with regard to a disputed landed property, the relief is available to a person who is in possession. The Court may en..

Category: Property Law | Date: | Hits: 57

Jupiter Glass Indus­tries Ltd. & others Vs. Titas Gas Transmis­sion and Distribution Co. Ltd. & another, 1982, 11 CLC (HCD)

....could be effected either by publication or letter giving 30 days' notice. In the instant case, the price was changed with retrospective effect and 30 days' notice has not been given. It can hardly be disputed that plaintiffs have a prima facie case for getting the declaration prayed for. We refr­ai..

Category: Civil Law | Date: | Hits: 124

Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)

.... arise at all. Whether notices/summons were properly served or not or whether the petitioner was a guarantor/ mere a shareholder of the borrower company or borrowed money from the bank or not are disputed question of facts and for which remedy lies in the Civil Court and, not under summary Writ ..

Category: Procedural Law | Date: | Hits: 114

Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)

....nd to absorb the petitioners in their respecting posts in Cheora Government College which they held on 19‑9‑87, the date from which the nationalisation notification was given effect to. It is not disputed that in the notification dated 18‑2‑88 declaring the Cheora Degree College as Cheora Go..

Category: Employment/Service Law | Date: | Hits: 72

Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)

...., various provisions of the Easement Act, 1882, particularly sections 52 and 56 clearly show that licence creates a right in personem, which is not transferable or heritable. Fourthly, even if the disputed licence relationship is taken to be true, the relationship came to an end with the death of..

Category: Civil Law | Date: | Hits: 123

Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)

.... collusive and not binding upon the plaintiffs and title to the lands appended in the schedule thereto vested upon them and whether the plaintiffs had been possessing the suit lands. 15. It is not disputed that Abul Kashem was appointed as Attorney by Surja Kanto Ghosh, Haripada Ghosh and Kena Ra..

Category: Property Law | Date: | Hits: 52

Abul Kalam (Md.) and others Vs. Md. Shamsuddin, 1997, 26 CLC (HCD)

....y No.1 is a stranger thereto. Opposite party No.2 transferred the case land to Opposite Party No.1 by a registered Kabala dated 9‑2‑77 at a consideration of Taka 2000.00 only but no notice of the disputed sale was served upon him as required under section 89 of the SAT Act. It was further allege..

Category: Property Law | Date: | Hits: 54

Metro Makers and Developers Limited and others Vs. Bangladesh Environmental Lawyers’ Association Limited (BELA) and others, 2012, 41 CLC (AD)

....writ petition as the RAJUK is already involved in a legal proceeding with Metro Makers in Writ Petition No.5130 of 2003 arising out of the same set of facts. The instant writ petition involves highly disputed questions of facts which cannot be decided in a writ petition. The affidavit in the writ pe..

Category: Environmental Law | Date: | Hits: 434

Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)

....ing said issue learned Trial Judge found that plaintiff had been aware of case long before accrual of cause of action to lay suit and plaintiff failed to prove that he on 1-4-1995 became aware of the disputed case. 8. Learned Trial Judge decided Third Issue against plaintiff-opposite party. In de..

Category: Property Law | Date: | Hits: 64

Abdul Haque Sikder Vs. Divisional Manager (Fertilizer) Bangladesh Agricultural Development Corporation (BADC) and others, 1996, 25 CLC (HCD)

....ice. It appears from reply to the second show cause notice that his prayer for changing the inquiry officer Ruhul Amin was not considered and he was not given proper opportunity to defend himself. He disputed the inquiry report but did not say that no copy of the inquiry report was served on him or ..

Category: Labour and Industrial Law | Date: | Hits: 228

Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)

....er should take notice of, if considered relevant, in arriving at the decision while disposing of a petition under section 561A of the Code. 25. Besides, we do not regard the fact of seizure of the disputed fertilizer by police on 02.02.2000 or the fact that the pledged fertilizer were not adulter..

Category: Criminal Law | Date: | Hits: 97

Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)

....n. 11. We have gone through the unreported decision cited by the learned Advocate for the petitioner, wherein the Rule was held to be not maintainable on the reason: “As the matter relates to disputed question of facts relating to internal affairs of Satkhira District Sports Association and ..

Category: Others | Date: | Hits: 94

Md. Shawkat Ali Vs. Director General and others, 2010, 39 CLC (HCD)

.... of salary falls the petitioner by way of punishment and it is the settled principle that the punishment cannot be imposed upon the delinquent without giving any opportunity on being heard. It is not disputed that the petitioner is still holding the post of Accountant of the said College. It has bee..

Category: Employment/Service Law | Date: | Hits: 119

Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)

....ding by the learned appellate Court that all the P.Ws. being close relative of the plaintiff committed error in disbelieving them although there was no contradiction in their deposition regarding the disputed the agreement with the defendants and taking of delivery of possession of the suit land by ..

Category: Property Law | Date: | Hits: 103