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Category: Procedural Law | Date: | Hits: 59
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....ode of Criminal Procedure for quashment of the proceeding and obtained a Rule and stay of the aforesaid proceeding in Criminal Revision Case No.176 of 1981 on 27.4.1981. It is further stated that the disputed current account was opened by the principal accused Mostafa Anwar having the authority thro..Category: Criminal Law | Date: | Hits: 80
Abdul Hakim and others Vs. State, 1991, 20 CLC (HCD)
....d. Abdul Hakim has been accorded and it has also been directed that the appellant be prosecuted under the aforesaid sections of the Penal Code read with section 5(2) of Act II, 1947. 10. It is not disputed that in such a case where a public servant is involved the point of sanction to prosecute a..Category: Criminal Law | Date: | Hits: 84
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....and has been included therein and this constitutes a fraud on registration law. 10. Both the Courts below on consideration of the materials on record concurrently held that certificate sale of the disputed holding took place and the sale was held in the year 1929‑30. The sale certificate was pr..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....registered sale deed and that the purchaser exercised the act of possession over the entire land measuring 4.28 acres. Thereafter contesting defendant Nos.1‑6 purchased 1.30 acres of land including disputed land measuring 1.28 acre from Azibar's sisters defendants Nos.8 and 9 for Tk. 2500.00 in Fe..Category: Property Law | Date: | Hits: 91
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
.... Appellate Division made in the case of Ajirannessa Vs. Soper Mia, reported in 30 DLR (SC) 41 which runs as follows: "In this case the plaintiffs have come to the Court with the assertion that the disputed land was settled with them by the owners of the land on the basis of the Kabuliyat Ext. 3(a..Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... who happened to be a third party to the decree filed an application under Order 21 rule 99 of the Code for not allowing the decree‑holder to execute the decree without determining his claim to the disputed property. The decree‑holder opposed the application asserting that the provisions of Orde..Category: Civil Law | Date: | Hits: 89
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....lready been transferred and registered in favour of the respondent No.1, the petitioners' relief does not lie under the Companies Act. It is further alleged that in the present case there are so many disputed questions of facts which cannot be adjudicated in such summary proceeding. It is their furt..Category: Company Law | Date: | Hits: 159
Sadharan Bima Corporation Vs. Philoship Co. S A, 1990, 19 CLC (HCD)
....On the basis of the facts and circumstances of the case and the materials on record Mr. Hafizullah submits that both the ships were negligent and as such both should be equally responsible. It is not disputed that collision took place at the time, place and manner as alleged. Mr. Hafizullah has refe..Category: Admiralty Law or Maritime Law | Date: | Hits: 177
Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)
.... The defendant opposite party No.1 herein before me contested the said suit by filing written statement denying the material allegations made in the plaint contending that he was in possession of the disputed land on the basis of purchase from one Ayesha Khatun and Mahmudul Hoque by kabala dated 26...Category: Procedural Law | Date: | Hits: 79
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....effect. 4. Mr. AF Hassan Ariff, the learned Attorney general appearing for the petitioners submitted that the writ petition is not maintainable under Article 102 of the Constitution as it involves disputed question of facts as to whether the RAJUK could revise its layout plan due to the encroac..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....e impugned judgment and order making the rule absolute. But as some vital points have been discovered subsequent to the passing of the judgment after reviewing the Government's file in respect of the disputed land the respondents filed the review application on the ground of non-representation of ac..Category: Property Law | Date: | Hits: 85
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....s of quota. The writ petitioner’s claim is not capable of being established in a summary proceeding under writ jurisdiction because it requires detailed examination of evidence. In case of highly disputed questions of fact for decision, a civil suit, not a writ petition, would be the appropria..Category: Constitutional Law | Date: | Hits: 247
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
.... with a revisional application however wrongly exercised. 8. The general principle regarding granting a temporary injunction, as stated above by the learned Advocate for the opposite party, is not disputed by the learned Advocate for the petitioners, but he submits that in the instant case the fa..Category: Property Law | Date: | Hits: 101
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d with the writ petition to make out a case. Without any such statement and in absence of the said documents, presumption would be that the auction notice has been rightly published. 7. Moreover a disputed question of title between the petitioner and the respondent-bank is involved in this writ p..Category: Civil Law | Date: | Hits: 85
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....on that in the present case the KARIKA is aggrieved due to the order passed if it is found to be unauthorised. 11. About the representation of the petitioner by Mrs. Rowshan Akhtar which is highly disputed we will not enter into any disputed question of facts with regard to the post of Chairperso..Category: Others | Date: | Hits: 136
Category: Property Law | Date: | Hits: 86
Category: Property Law | Date: | Hits: 125
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....td. namely, Shahidur Rahman and Company. All these claims which are on record will be dealt with in accordance with law by the official liquidator in due course. 4. The facts stated above are not disputed at all. The above company was wound up by an order of this Court dated 9.8.90 upon the appl..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
.... and did not consider the evidence given by the plaintiffs regarding the custody of the original agreements in the hand of the defendant No.1. He further submitted that it is hazardous to compare the disputed handwriting or signature by the Court though the Court is authorised under the provisions o..Category: Property Law | Date: | Hits: 57