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Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....r which was subsequently transferred to the Additional District Judge, Gazipur. After hearing the parties the appeal was allowed on remand to the trial Court on 24-8-2004 on the finding that the disputed deeds and the papers 1/2 permission cases are false fabricated, and fraudulently obtained b..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
.... omitting these 9500, 500 and 500 shares shown to have allotted to and recorded in the name of respondent Nos. 3, 4 and 5 as well as by omitting their name from the Register of Members, so far as the disputed shares are concerned. 13. As regards, the interpretation of section 21 of FERA, 1947, ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....of complaint on the ground of alleged non-service of notice upon the accused-respondent. He finallysubmits that whether the notice was duly served upon the accused-respondent No.1 is a matter of disputed facts which can only be verified, proved or disproved by adducing evidence at the..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Moon Construction Company Limited Vs. Government of Bangladesh & others, 2013, 42 CLC (HCD)
....of completed work done by the petitioner, in which inaction of the respondents are illegal and mala fide. Further to that Mr. Oziullah submits that the bill of the petitioner is admitted, there is no disputed question of fact involved in the instant writ petition, and, as such, the writ petition is ..Category: Constitutional Law | Date: 16 May, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
....e plaintiff. The defendant No. 2 executed 'Bainanama' (Deed of agreement) and paid Taka 50, 00000 (fifty lakh) out of the total consideration of Taka 90, 00000 (ninety lakh) in respect of the disputed premises but the plaintiff violating the terms and conditions of the deed of agreement refu..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....res of CS plot No.145,0.32 acres out of 0.86 acres of land in CS plot No.146, 0.71 acres out of 1.00 acre in CS Plot No.147 in all 4.61 acres of land recorded in hal plot No.894, which is part of the disputed land. Plaintiff's further case is such that the owner of the 1/3rd share of CS Khatian ..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Abdul Wahab (Md.) Vs. State & another, 2013, 42 CLC (HCD)
....ortionate to his known source of income. These are allegations against the accused-petitioner brought by the prosecution. Though the accused-petitioner does not admit those allegation to be true, the disputed facts are not supposed to be resolved in this forum. The accused-petitioner shall get oppor..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Feb, 2013 | Hits: 6
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
.... if any, at the time of trial as required under section 27(1) of the Anti-Corruption Commission Act, 2004. Prosecution must also be given opportunity to prove the allegation by adducing evidence. The disputed facts are not supposed to be resolved in the present forum without taking aid of the evi&sh..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....nt also collected certified copy of the said registered bainanama dated 9-8-2007. It is alleged in the FIR that the accused-petitioner not only also entered into an agreement for purchase of the disputed property from the accused No.1 but also did not take any step to cancel the registered bain..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Sadek Hossain (Md.) Vs. State and another, 2012, 41 CLC (HCD)
....refully, but we are unable to agree with the finding that there is no prima-facie allegation against the accused-petitioner and other accused-persons for initiating any criminal proceeding. Moreover, disputed facts cannot be decided in the quashing proceeding as have been done. 9. Over and abov..Category: Criminal Law | Date: 3 Dec, 2012 | Hits: 4
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....e pretending to be the engaged Advocate of the complainant-appellant and prayed for dismissal of the said objection case on the ground that the complainant-appellant relinquished their claim over the disputed land and accordingly the objection case was dismissed and thus the respondent No.1 practici..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....rtaining the writ petition inasmuch as the writ petition was not maintainable as the writ-petitioners were not personally aggrieved persons and the issues involved in the writ petitions also involved disputed question of facts adjudication of which could not be embarked upon in a summary proceeding ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....s (ED) Ltd reported in 64 DLR (AD)100 wherein Mr. Justice Md. Fazlul Karim (as his lordship then was) expressed in clear terms: — "It is now established principle of law that since no disputed question of fact need be gone into and that only interpretation of certain provision of law..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
...., it will not vitiate the notice. Mr. Quamrul further submits that the exparte decree passed in a suit for specific performance of contract will not affect the vested character of the property. Since disputed question of title is involved, the writ petition is not maintainable. Mr. Quamrul does not,..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....s in the matter "of declaring title and getting possession of a property which can only be done by Court." Another aspect is that defendant No.3 gave his address "in his suit as of the disputed allotted suit plot which shows that he is a fake person as addressless person can be used b..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Ali Haider Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
.... disclosed against the accused-petitioner in the prosecution materials...........…..(25) Whether the Impugned Proceedings should be Quashed- It is a settled principle of law that the disputed question of fact cannot be determined by the Court invoking its extra-ordinary jurisdi..Category: Anti-Corruption Laws, Procedural Law | Date: 8 Nov, 2012 | Hits: 7
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....rder dated 16.02.2006, the Adalat rightly passed the order dated 07.10.2007 on the application filed by the decree-holder-Bank; whether the petitioners filed the application on 16.02.1996 or not is a disputed question of fact which cannot be decided in a writ petition. 4. The main contention of..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Dr. Khandaker Mosharraf Hossain Vs. State, 2012, 41 CLC (HCD)
....g of section 26 of the Parent Law. He then submits that whether the accused-petitioner got fair and reasonable opportunity to respond to the notice for submitting wealth-statement is essentially disputed question of facts which require to be proved on taking evidence and under the given context..Category: Anti-Corruption Laws | Date: 16 Oct, 2012 | Hits: 20