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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 ......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..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......salaries from the month of May, 2005 as shown in the Monthly pay Order of May, 2005 and onward. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 303. ..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 ......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ..Category: Property Law | Date: | Hits: 103
Md. Akkas Ali Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....rishad. It is also admitted that the pre-existing Biaghat Union Parishad has been split into two separate Union Parishads, namely, Biaghat Union Parishad and Khubjipur Union Parishad. It is further undisputed that a resolution was taken by the Biaghat Union Parishad for construction of the new Compl......case, we find no merit in the Rule. The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 390. ..Category: Administrative Law | Date: | Hits: 261
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....t any finding on possession, far less reversing the trial Court's finding thereon, but the High Court Division wrongly held that the lower appellate Court had found possession of the plaintiff in the disputed land, as such, Judgment of High Court Division is not sustainable. The Judgment and order o......tshell are that the suit land of Mouza Chak Bahuka, Police Station Sirajganj, District Pabna (now Sirajganj) appertaining to CS plot no 8415 measuring an area of 9.80 acres was recorded in abstract khatian as Ichchamair river in the names of Dinesh Chandra Chowdhury, and Mutwalli and Akfar Ali Tal..Category: Property Law | Date: | Hits: 76
Ahmed Akbar Sobhan Vs. State, 2011, 40 CLC (HCD)
....d. Bangladesh Bank by exhibit 10 confirms that upto US$ 5000 a person can legally keep. As stated above the total accused being five in number and they collectively can hold US$ 25,000. But since the disputed currency collectively is less than that of US$ 25,000 no offences has been committed. Exh......s discharged from his bail bond. Send down LCR and a copy of the Judgment to the trial Court for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Criminal Law | Date: | Hits: 109
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ..Category: Property Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......y of khas possession. Their case, in short, is that the suit land mentioned in the schedule-A to the plaint originally belonged to Niamat Ali Khan in raiyoti jote and his name was duly recorded in CS khatian. After that, Niamat Ali died leaving behind a son, namely, Miah Kha and two daughters, namel..Category: Property Law | Date: | Hits: 104
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....e flats were purchased on 26-8-2001, which is after the preliminary decree was passed against her husband, the Judgment-debtor and before the final decree. 29. Be that as it may, it appears that a disputed question of fact about the ownership of the flats is involved in this Rule on the impugned ......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ..Category: Civil Law | Date: | Hits: 136
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....ted the suit. 4. The learned Senior Assistant Judge, Madhukhali, Faridpur decreed the suit by his judgment and decree dated 25.05.1999, holding that the defendant had not been in possession of the disputed land earlier and the plaintiff had been able to prove her case. 5. The defendant preferr......ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ..Category: Civil Law | Date: | Hits: 114
.... that the suit is barred by limitation. The learned Advocate further submitted that the defendants No.1 and 2 having not filed any written statement and having not deposed in the case challenging the disputed agreement the defendant opposite party (defendant No.5) only having contested the suit clai......ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
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Category: Civil Law | Date: | Hits: 103
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 73
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ration of India Ltd and Others (2004 3 SCC553), the Indian Apex Court came up with a clear finding thatin an appropriate case the Writ Court has the Jurisdiction toentertain a writ petition involving disputed questions of factand there is no absolute bar for entertaining a writ petition evenif the s......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....dditional Divisional Commissioner Dhaka by order dated 5-11-1994 and finally upheld by the Full Board of the Land Appeal Board in Review Case No.3-108 of 1995 by order dated 9-12-2003. Anyway such, disputed and important question of facts cannot be resolved in the writ jurisdiction. It is further ......neous Case by Order No. XXVI dated 1-8-1970. 4. It may be mentioned that the predecessor of the petitioners did not proceed with the Miscellaneous Case No.110 of 1969 on the expectation that the khatian would be corrected by the authority in view of the report of the Circle Officer (Revenue) Te..Category: Property Law | Date: | Hits: 115
.... inasmuch as the lower appellate Court after properly adverting to the evidence on record and to the findings of the trial Court correctly arrived at a finding that Haji Bilat Ali Mondal executed the disputed deeds and the plaintiff failed to prove their case that the deeds are forged. Mr. Mozammel,......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
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Category: Property Law | Date: | Hits: 66
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....n filed the present Title Suit namely- Title Suit No.227 of 2004 in the Court of 5th Joint District Judge, Dhaka, on the pleadings that they do not deny the liability of the loan but in view of the undisputed fact that Siemens gave an undertaking to repay the loan amount on behalf of the plaintiffs ......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....o in writ jurisdiction because it needs evidence as well as a local inspection. In the proceeding under Article 102, it is not desirable, more often than not, not possible to record a finding as to a disputed question of fact. The High Court should not enter into disputed question of fact nor decide......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....als on record illegally allowed the appeal. The learned Advocate further submitted that the learned appellate Court without considering the facts and circumstances of the case illegally held that the disputed deeds were obtained by the defendant petitioners by practicing fraud upon the plaintiff who......he plaintiff possesses. P.W. 3 Monindra Chandra Roy stated in his examination in-chief that the plaintiff possesses the suit land, but in cross-examination he stated that he does not know the dag and khatian number of the suit land. The defendant examined 2 DWs including the defendant No. 3. It appe..Category: Procedural Law | Date: | Hits: 69
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....ections 10 (5) and 10 (6) of Ordinance No. LIV of 1985, the decision made by the Court of Settlement is final and is binding on both the parties. The decision of the Court of Settlement declaring the disputed house as not being abandoned property and excluding the disputed house from the 'Ka' list o......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ..Category: Property Law | Date: | Hits: 77
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