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Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)

....he allegation that the defendant's Islampur branch collected two cheques from the plaintiff's Kawran Bazar branch which was found to be forged; the defendant being found negligent in opening the disputed account and collecting the money is liable to refund the same to the paying bank. The suit ......t. The impugned judgment and decree passed by the trial court is hereby affirmed.  Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150.  ..

Category: Business or Commercial Law | Date: | Hits: 548

Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)

....ch, the petitioners had no other alternative but to prefer this application under Article 102 of the Constitution. 14. The learned Advocates for the respondents further submit that since there are disputed questions of fact, this writ petition is not maintainable. It is difficult for us to accept......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ..

Category: Civil Law | Date: | Hits: 140

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

.... three deeds under challenge were executed by the defendant No.2 from 1990 onward and completed within 1996. Defendant No.2 is admittedly childless. In addition to her disposal made twice earlier the disputed deeds seeking to dispose of total 0.60 acre land thereby collecting Tk. 50000 + 30000 + 700......s such the same is her stridhana in which she enjoys absolute and unqualified right and title including the right to sell at her pleasure. In his bid to bring home the point Mr. Quayum referred to RS khatian of the land standing in the name of defendant No.2 which he claims to have been prepared dur..

Category: Property Law | Date: | Hits: 107

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

.... the Administrative Tribunal adducing evidence as to the practice followed in such matters. Since the writ petition is not maintainable we refrain from passing our opinion on that question which is a disputed question of fact. Had there been any allegation of malafide or bias on the part of any memb......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ..

Category: Employment/Service Law | Date: | Hits: 194

Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)

....mant party in R.S. Plot Nos.86 and 136 of Mouza Pairong and R.S. Plot No.3875 of Mouza Chechuria, P.S. Banskhali causing a loss of about Taka 9000/- to the complainant. Informant's wife inherited the disputed land measurirg 1.48 acre. Subse­quently 19 bundles of paddy were recovered from the posses......o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ..

Category: Procedural Law | Date: | Hits: 130

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

.... ascertain the truth as to the cause of death of the victim, and if any of the accused is guilty or not in view of the defence admission of an occurrence on the date of occurrence. Though the defence disputed the place of occurrence it did not dispute the occurrence itself. Rather, from the suggesti......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..

Category: Criminal Law | Date: | Hits: 76

Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

.... by filing written objections denying the material allegations of the pre‑emption petition and contended, inter alia, that the case is barred by limitation. It was further contended that before the disputed sale took place the case land was offered for sale to the pre‑emptor but he refused to pu......ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ..

Category: Property Law | Date: | Hits: 91

Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....a clear statutory provision of appeal under section 42of the VAT Act, 1997. As such, he referred a deci­sion of our apex Court as reported in 11 MLR (AD) 192 which reads as follows: "4. It is not disputed that the order of the adjudicating officer, that is, commissioner of excise, customs and VA...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby dis­charged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)

....ce Accord of 1997 served to preserve this country's territorial integrity and sover­eignty. It is, however, the longer term objective of the Peace Accord to secure autonomy in the CHT that is a more disputed matter. It is here that an assertion has been made on behalf of the Respondents to justify ......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ..

Category: Constitutional Law | Date: | Hits: 314

Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)

....ellate Court. In this backdrop, the observations of the learned Single Judge of the High Court Division in the Civil revisional case that "the sale deeds of the two rival claimants were not seriously disputed at the time of trial by the other claimants. The plaintiff's title to the suit land stands ......side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ..

Category: Property Law | Date: | Hits: 119

Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)

....pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..

Category: Civil Law | Date: | Hits: 112

Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)

.... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ...... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ..

Category: Property Law | Date: | Hits: 97

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......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ..

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......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ..

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 ....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ..

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......o 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: 16 MLR (HCD) (2011) 217; 61 DLR (HCD) (2009) 788. ..

Category: Property Law | Date: | Hits: 106

Masum Sharif Bhuiyan and others Vs. Narayangonj Pourashava repre­sented by its Administrator and others, 2010, 39 CLC (HCD)

.... appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ...... appeal is allowed without any order as to coasts. Send down the lower Court records at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 321. ..

Category: Property Law | Date: | Hits: 105

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......opy of this order be for­warded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ..

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......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ..

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......ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ..

Category: Company Law | Date: | Hits: 145