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Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454.......s the principal defendant and proposed seller of the suit land to the plaintiff, was not got examined by the plaintiff by any hand writing expert, which was needed to decide that moot question in the dispute whether the defendant 3 executed the deed of agreement or not. 3. Title Appeal 89 of 1975..Category: Procedural Law | Date: | Hits: 137
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......e case of Rafizuddin Ahmed Vs. Mongla Barman and others, reported in 43 DLR (AD) 215. In para 8 their Lordships have held as under: “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 enq..Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......Court is necessary to effect the sale that leave of the Company Court is necessary. Mr. Khondker Mahbubuddin Ahmed, the learned Advocate appearing on behalf of the respondent Rupali Bank Ltd. did not dispute the proposition as to the right of the secured creditor like the BSRS to remain outside the ..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......uiyan and 4 others, has been issued calling upon the respondents namely, Government of Bangladesh and others, to show cause as to why they should not be directed to make over vacant possession of the disputed land as described in the schedule of the petition to the petitioners. 2. Case of the ..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441....... mile south‑east of their house and his parents and relations reside there. She said that her husband implicated her brother Abdul Aziz in the case out of enmity, without her knowledge, due to land dispute and the other accused persons are the men of the camp of Aziz. She said that she stated to t..Category: Criminal Law | Date: | Hits: 112
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431....... Mohammad was charged under section 302 of the Penal Code for committing murder of Nirendra Nath. All the fourteen accuseds were charged under section 148 of the Penal Code for committing riot on the disputed plot No.2718 and they were also charged under section 302 read with section 34 of the Penal..Category: Criminal Law | Date: | Hits: 86
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......that the award dated 5.8.79 given by the defendants 1‑6 and Mvi. Abdul Sattar since deceased was null and void and not binding upon the plaintiff. It has been averred in the plaint that there was a dispute between the plaintiff and his father Mvi. Abdus Sobhan since deceased on one hand and Ataur ..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......espondent No.1 Executive Engineer, City PWD Division, Dhaka 15, Abdul Ghani Road, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The dispute centres round the cancellation of lease granted in favour of the petitioner of a restaurant ..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......n of Land (Distressed Circumstances) (Restoration) Ordinance, 1976 (Ordinance No. XXVIII of 1976) (hereinafter referred to as the said Ordinance) vide Case No.3 of 1976‑77. 2. The property in dispute consists of a homestead land 11 acres in area upon which stood a tin‑shed and a kitchen, b..Category: Property Law | Date: | Hits: 110
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....filing an affidavit-in-opposition in which they have denied the material allegations made in the petition contending that the meetings for the years 1985 and 1986 were held validly, illegally and the resolution of the Board of Directors as stated in paragraph 7 of the petition refers to the Hon'ble ......nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529...Category: Business or Commercial Law | Date: | Hits: 352
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......diction to decide the matter and such jurisdiction cannot be ousted by any other enactment. In support of his contention he has cited a case reported in (1981) 33 DLR (AD) page 305.
5. It is not disputed that the Administrative Tribunal Act, 1981, has been made applicable to the Bangladesh Hous..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......ships' Judgment disapproved of giving fragmentary decisions and observed: "Their Lordships greatly regret that the conclusion to which they have come will not finally determine the questions in dispute between the parties, in view of the fact when the case was before the District Court in appe..Category: Property Law | Date: | Hits: 115
Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)
....fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ......sible on the part of the petitioner to agitate the present question in the previous Writ Petition and was also possible to obtain a complete relief by asking for fresh polls in respect of the present disputed centres as well. He failed to do so. Having obtained complete relief in the earlier Writ Pe..Category: Election Law | Date: | Hits: 215
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......uest report, seizure list and his signatures thereon. He also proved the blood stained vest and lungi of the victim and those were marked as material exhibits. In cross-examination he denied any land dispute between the father of appellant and that of the victim. 11. P.W.6 Islam Mia stated that o..Category: Criminal Law | Date: | Hits: 102
...., it has been provided that no resolution shall be deemed to have been passed removing an elected Member of the Union Parishad, unless seven elected Members including the Chairman, voted for such resolution. Thus, Mr. Hosein submits that there is no rational basis or intelligible criteria to sin......orney-General as well as Mr. Hosein have stated that as regards the broad principles, that is, the guideline for the purpose of testing the constitutionality of any statutory provision, there is no dispute among them. Mr. Hosein has submitted that under the rule of law although a classification ..
Category: Election Law | Date: | Hits: 391
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......-9 is prejudiced by the judgment and decree passed in the suit for specific performance of contract they may have recourse to legal measures before appropriate forum but they do not have any right to dispute the contract between the plaintiffs and defendant Nos.1 and 2. Therefore, the findings made ..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......eparting from this established principle of law. 8. When the Bengal Tenancy Act was in operation, a tenancy in respect of the agricultural land could be created by dakhila and in the event of any dispute, the person who took settlement on the basis of dakhila was required to prove the dakhila in..Category: Property Law | Date: | Hits: 101
Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)
....sued was not maintainable because the questions raised there could not be addressed under the writ jurisdiction. He further submits that the writ petitioner raised all disputed questions of facts the resolution which are the possible under the writ jurisdiction. 10. Mr. M. I. Farooqui, learned S......erein filed Writ Petition No.770 of 2004 before the High Court Division seeking a direction in the form of mandamus upon the Government to demarcate and mutate the lands in her name in respect of the disputed land and obtained Rule Nisi. 6. The appellants herein did not file affidavit-in-opposit..Category: Property Law | Date: | Hits: 121
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......lowed by this Court to pay house rent provisionally before the House Rent Controller, she is paying the rent to the House Rent Controller at the rate of Tk.2,000/- per month. As to this there is no dispute. 17. In the instant case certain facts are admitted and it is that Mrs. Taherunnessa is..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......nion Parishads Ordinance. 9. We may new consider the above provisions of Union Parishads Ordinance vis-a-vis the provisions of sections 3 and 4 of the Pourashava Ordinance, because the present dispute has arisen out of the proposed election of Commissioners for Sylhet Pourashava. In the provi..Category: Property Law | Date: | Hits: 108
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