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S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......ia Begum, 17 DLR 77 supporting the view that 'non-agricultural land' used in section 24 of the Non-Agricultural Tenancy Act is equivalent to 'holding'. The learned Counsel argued that since it is not disputed that the jama of the tenancy of Tk. 10/- was not divided in pursuance of the decree of the ..Category: Property Law | Date: | Hits: 85
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
.... judgment and order dated 9-4-2007 passed by the Revisional Court below is hereby set aside and that of the Executing Court is upheld. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ......t below held that 17 decimals of land of the suit Schedule was decreed ex parte in the suit for perpetual injunction which was not challenged by the judgment-debtor before any Court, that there is no dispute on possession of 17 decimals of land by the plaintiffs, but only dispute was over location a..Category: Civil Law | Date: | Hits: 100
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......ppeal below further found that although she is not the owner of the entire suit property still she is not liable to be evicted therefrom except in due course of law by persons having interests in the disputed property. It appears that the learned Additional District Judge reversed the material findi..Category: Property Law | Date: | Hits: 88
Shefali Rani and others Vs. Makhan Chandra Das and others, 1990, 19 CLC (HCD)
.... The documents in question, as described in the schedule of the plaint are declared as void and fraudulent. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341. ......ppeal was contested and it was dismissed by the impugned judgment and decree dated 18-7-90 by the Subordinate Judge 1st Court, Lakshmipur. 3. The relevant facts of the case is that the property in dispute comprising an area of 0.35 acres land belonged admittedly to Subal alias Suddhannaya. He gif..Category: Procedural Law | Date: | Hits: 105
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341.......f the events leading to issuance of this Rule would be quite instructive in the matter. Opposite Party No.1 is the plaintiff. He filed the suit as the reversioner of the owner of the properties under dispute in the suit. The defendant Nos. 1, 2 and 19 have been contesting the suit by presenting writ..Category: Procedural Law | Date: | Hits: 74
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
....is nothing to interfere with the impugned order. The Rule is discharged. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 24.......ll the 4 accused persons including the petitioner. The victim was, taken to Khulna Sadar Hospital where he succumbed to his injury. It is further stated that the deceased uncle of the informant had a dispute with the petitioner No. 1 over a fishery called "Gazer Gher" which led to the occurrence. ..Category: Procedural Law | Date: | Hits: 80
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......reme Court in relation to the matters raised by the petitioner, who appeared before us in person. 22. The facts and events which led to the petitioner being restrained from his office are not in dispute. However, we note that the petitioner, after he submitted his letter of resignation on 07-3-..Category: Employment/Service Law | Date: | Hits: 156
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......ed in 49 DLR (AD) 1 (popularly known as BELA's case). 54. The expression 'person aggrieved' means a person who even without being personally affected has sufficient interest in the matter in dispute. When a public functionary has a public duty owed to the public in general, every citizen ha..Category: Constitutional Law | Date: | Hits: 270
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....on the basis of which the result of the election has been declared was properly made. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 297.......contesting candidate or an election agent. After the declaration of the result of the ejection based on the counting of votes and the statement prepared thereupon, a candidate may raise an election dispute by filing an election petition before an Election Tribunal which has all the powers of a Civ..Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....ises control ever the activities of the Municipal Committee. The section empowers the Controlling Authority to quash any proceedings taken by the Municipal Committee; suspend the execution of any resolution passed or order made by the Municipal Committee etc. Sub-section (2) of section 111 of th......rity. A decision affecting rights and liabilities of the parties is quasi judicial, because, an elements of 'decision' is present in the order. A quasi-judicial decision pre-supposes existence of a dispute between two or more parties and presentation of the respective case by the parties to the ..Category: Fiscal/Taxation Law | Date: | Hits: 156
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
..... Accordingly the appeal is allowed. The order of the High Court under appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......deration in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accused had bona fide claim of right; and their entry into the disputed property in assertion of that right constituted criminal trespass within the meaning of sec..Category: Criminal Law | Date: | Hits: 94
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......e Government of Bangladesh, the Deputy Commissioner, Chittagong and the Circle Officer, Fatikchari entered appearance by filing an affidavit-in-opposition. It was contended by them that the land in dispute was settled with one Hiralal Mukherjee, Manager of the Tea Estate, in his personal capacity ..Category: Property Law | Date: | Hits: 87
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......lity in the eye of law. 10. Mr. Khurshid Alam Khan along with Mr. Abdul Aziz Khan, learned Advocate appearing on behalf of the Anti-Corruption Commission on the other hand, submits that he can not dispute the proposition of law laid down by the Appellate Division in the case of Anti-Corruption C..Category: Criminal Law | Date: | Hits: 133
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....at there is no merit in these civil petitions for leave to appeal. In the result both the civil petitions for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 394.......um, the learned Senior Advocate appeared for the respondent No.4. 14. In this suit for partition there is no dispute as regards the sahams allotted to the plaintiffs and the defendant No.30. The dispute in between the contesting defendant Nos.10, 14 to 20, 21 and the present petitioner (the c..Category: Property Law | Date: | Hits: 72
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
.... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ......11 read with section 151 of the Code of Civil Procedure by its order dated 28.9.2003 rejected the application for rejection of the plaint holding that the contents of the plaint are related with some disputed deeds and Judgment and decree which can be decided only at the trial on taking evidence. ..Category: Civil Law | Date: | Hits: 141
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10.......ision allowed, holding, inter alia, that amendment of plaint should be allowed when it is necessary to avoid multiplicity of proceedings, hardships to the parties and for complete adjudication of the dispute and determination of the real question in controversy. 5. Mr. Islam also cited the decisi..Category: Property Law | Date: | Hits: 151
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......Mohd. Pasha Vs. State of Hyderabad. We refrain from dwelling on these authorities in detail, as facts in the present case are materially different from the facts of the cited decisions. There is no dispute regarding the tests set out above by us. In judging whether a person is an officer of the Go..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......the Dacca High Court, along with his relative defendant No.11, created some Kabalas in collusion with the heirs of Mainuddin to grab a portion of the land which has become valuable in the meantime. A dispute having arisen as to the possession of the land, defendant No.3, initiated a proceeding under..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......nd Mr. N. U. Haider, was also present to oppose this petition on behalf of Respondents No.1 and 2. Since this petition has raised some important questions of procedural law but at the same time the dispute which has arisen in respect of the election to certain offices of a Union Parishad requires ..Category: Civil Law | Date: | Hits: 111
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....pplication on 27-10-1996 before the Court of Subordinate Judge and Artha Rin Adalat No. 1, Chittagong under Order XXII rule 3 of the Civil Procedure Code for a compromise decree in terms of the Board resolution of respondent No. 3 as contained in its letter dated 25-2-1995. 3. The respondent No. ......The petitioners duly appeared and filed written statements in the suit denying the claim of the respondent No. 3. While the suit was pending, there were negotiations for an amicable settlement of the dispute between the petitioners and respondent No. 3 by rescheduling the loan liabilities of the pet..Category: Civil Law | Date: | Hits: 121