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Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....e and the applicant is not entitled to the relief prayed for. The principles enunciated in the cases reported in 9 DLR and 30 DLR cited by Mr. Saha the learned Advocate for the opposite party are not disputed but the same are not applicable in the facts and circumstances of the present case. As to t..Category: Civil Law | Date: | Hits: 112
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....tent and not maintainable as on the self‑same matter some departmental proceedings were still pending and further the defendants after their auction purchase had already gone into possession of the disputed land, and the suit only with a prayer for confirmation of plaintiff's possession and for pe..Category: Property Law | Date: | Hits: 113
Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....terfered with in revisional jurisdiction unless such finding is perverse occasioning failure of justice. Since there was no finding of exclusive possession of specific and separate share of the disputed land in favour of the plaintiff and the finding of the trial Court and the appellate Court ..Category: Civil Law | Date: | Hits: 181
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....the court of Munsiff, Gazipur was re-numbered as Title Suit No.620 of 1981, against the petitioners and others as defendants, praying for establishment of title and recovery of Khas possession of the disputed property on the allegations, inter alia, that the suit land along with other lands original..Category: Property Law | Date: | Hits: 106
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....siness in Bangladesh. However, having had their purpose served, the petitioner has now attempted to terminate the GSA of the company with an ulterior motive. According to Mr. Kamal, when the claim is disputed, an application for winding up is not maintainable and the parties are to settle their disp..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....ul-Alam appearing on behalf of the defendant argued that originally barge is a navigable device and the temporary nature of its use cannot change its character as a navigable entity and therefore any disputed arises out of the Barge at the period of such use comes under the jurisdiction of this cour..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
.... creation of the petitioner himself in a long gradual process. It is stated that the respondent No.1 is able to pay Taka 4,85,000.00 but is not doing so, as the claim of Taka 4,85,773.00 is seriously disputed by them. 6. For the respondent No.1 contention, the learned Advocate appearing for the r..Category: Company Law | Date: | Hits: 145
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
.... High Court Division quashed two proceedings invoking Section 561A or the Code of Criminal Procedure on the ground that the civil Court has already seized of the question regulating possession of the disputed land in civil suit between the same parties the Magistrate acted without jurisdiction in in..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....time in respect of the same matter the accused opposite parties are being harassed on various pretexts and made to suffer prolonged mental agony and financial loss. The reason is not far to seek as undisputedly there is a series of criminal and other litigations between the parties. In the peculiar ..Category: Criminal Law | Date: | Hits: 93
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....s are (1) Jurisdiction of the District Judge to entertain Miscellaneous Appeal No.36 of 2009 and (2) correctness of the voters list and the legality of the entire election process on the basis of the disputed voters list. These issues are discussed below. 18. Jurisdiction of District Judge etc. ..Category: Others | Date: | Hits: 140
Category: Others | Date: | Hits: 146
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
.... the plaint nor any material placed by the defendant in Court along with the application. On a reading of the aforesaid criteria's in rejecting plaint under order VII Rule 11 CPC it appear to me that disputed questions cannot be decided at the time of considering an application filed for rejection..Category: Civil Law | Date: | Hits: 200
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
....f the site or whether there is likelihood of erosion of river Kushiara and engulfment of the proposed UPCB on this land and whether the land fulfills the terms and conditions of the Paripatra are all disputed questions of fact which cannot be decided in writ jurisdiction. He next contends that the G..Category: Property Law | Date: | Hits: 130
Category: Civil Law | Date: | Hits: 185
Category: Civil Law | Date: | Hits: 174
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....D (Karachi) 22 which though somewhat similar in fact but does not support his submission. 17. Therefore, we are of the opinion that the defendant opposite party No.1 has beneficial interest in the disputed house which forms the subject matter of the power of attorney inasmuch as it is agreed..Category: Civil Law | Date: | Hits: 132
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
.... by his subordinate. It is also clear that there was no material before the respondent No.3 to justify passing of the resolution dated 25.6.88 for suspending the petitioner and others. It is also not disputed that the petitioner alone was suspended on 26.6.88 by the respondent No.2 before the person..Category: Employment/Service Law | Date: | Hits: 231
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....is is very painful in view of the fact that if the petitioner and others are placed after the 13th BCS batch, then the existing officers who are already in the cadre will have no grievance. It is not disputed that the petitioner is on deputation in the National Board of Revenue with the consent of t..Category: Employment/Service Law | Date: | Hits: 186
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....nt and that the suit was not maintainable, barred by law of limitation. Principles of waiver, estoppels and acquiescence and stated that Abdul Jabbar was owner in possession 4.22 acres of land in the disputed C.S. Khatian No.5, He sold 1.08 acres of land out of plot No.27 to Shaikh Gopalde Pathan in..Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....erever the opponent has declined to avail himself of the opportunity to put his essential and material case in cross-examination, it must follow that he believed that the testimony given could not be disputed at all. It is wrong to think that this is merely a technical rule of evidence. It is a rule..Category: Procedural Law | Date: | Hits: 108