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Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....m all encumbrances and such acquisition cannot be attacked on any grounds whatsoever other that the remedy provided in the Act. Whether or not the compensation was duly paid to the real owners is a disputed fact which cannot be decided in a writ petition. After the acquisition of the property th..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....late Abdur Rahman appearing on the said deed of gift with his admitted signatures. He submits that the trial Court is not authorised as per provisions of section 73 of the Evidence Act to compare any disputed signature and thereby has committed an error of law resulting in an error in the decision w..Category: Property Law | Date: | Hits: 89
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
....vi Shah Ahmed Chowdhury and others stating that the property of Waqf of Jinnat Ali had already enrolled as Waqf property in E.C. No.4401, and the Mutwalli is not coming forward for enrolment of the disputed property as Waqf property because Jinnat Ali had no interest in it, but the enrolment was n..Category: Trust/Waqf Law | Date: | Hits: 171
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....asis of the evidence of the eyewitnesses namely, PW 1 [informant] and PW 3 Jharna Begum who saw the occurrence and later on recognised the condemned prisoners in test identification parade. It is not disputed that the first information report was lodged by PW 1 Rahena Akthar, the wife of the decease..Category: Criminal Law | Date: | Hits: 91
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....g in ejmali with the co-sharers. 5. It is further stated that the suit property was never sold in auction; that Rupsha Fakir did not auction purchase the land of CS 30 khatian; that 'Kha' schedule disputed order of review case No. 2 of 1994 is illegal, without jurisdiction and not binding upon th..Category: Property Law | Date: | Hits: 70
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ngladesh & others reported in 2004 BLD 365 = 9 BLC 613 a Division Bench of this Court held that where the allegation is about malice in law and such question can be decided without going into the disputed question of fact, this Court can assume jurisdiction under Article 102 of the Constitution...Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
..... In the case of Shamsul Haque Vs. Ministry of Law, Justice and Parliamentary Affairs 5 BLC (AD) 176 the Appellate Division accepted the view of the High Court Division that determination of age is a disputed question of fact which cannot be decided in a Writ petition. The principle expressed in the..Category: Election Law | Date: | Hits: 87
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
.... morgue. PW 11 performed post mortem examination of the deceased, PWs 13 and 14 were the investigation officers. So we find that PWs 10- 14 were formal witnesses. 26. Death of the deceased was not disputed. PW 11 held autopsy upon the dead body and opined that the death was due to shock resulted ..Category: Criminal Law | Date: | Hits: 55
Suratjan Bewa Vs. Md. Abdul Mannaf and others, 2006, 35 CLC (HCD)
....aid by the defendant No. 1. The plaintiff petitioner now asserts that it was disclosed that the defendant No. 1 took an ailing Anfar Uddin to Tarail Bazar onthe pretext of treatment and obtained that disputed deed fraudulently in collusion with officials at the Sub-Registrar's Office by "forging" An..Category: Property Law | Date: | Hits: 82
Nasima Akhter Banu Vs. Abu Taher Masud and others, 2006, 35 CLC (HCD)
....he plaintiffs case, in brief, is that the suit land originally belonged to Golam Nabi Sowdagar from whom she inherited her respective share in the suit property; that out of 4.28 acres of land of the disputed Khatian No. 1247 of 1977, Golam Nabi Sowdagar mortgaged 1.60 acres of land in favour of Abd..Category: Procedural Law | Date: | Hits: 99
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
....gravity of the nature of the case on attachment appointed the Officer-in-Charge of Mirsarai Police Station as receiver and receiver is none but a police officer and he cannot be dispossessed from the disputed property since he has authority to arrest anyone and send him to jail and also prosecute hi..Category: Criminal Law | Date: | Hits: 55
Ismail Howlader and others Vs. State, 2006, 35 CLC (HCD)
....apon supported by a lathi/stick or lathi), that convict appellant Ali Hossain had a lathi in his hand, though he did not assault the victim. But Ali Azim and Akbar assaulted him. He admitted that the disputed boat belonged to convict appellant Ismail. 20. PW 7 Jakir Hosain of village Sutalari sta..Category: Criminal Law | Date: | Hits: 43
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....owering the Court to reject the plaint for 4(four) reasons as quoted above. The Court has rejected the plaint exercising its power given in clause (a) of rule 11 of Order VII of the Code. This is not disputed that Court may reject the plaint under clause (a) on a plain reading of the plaint itself w..Category: Procedural Law | Date: | Hits: 90
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
.... wives should be ordered either to give maintenance to their wives or divorce them. It was further directed that in the event of divorce, they should also remit arrears of past maintenance. It is not disputed that no exception was taken to this direction of Caliph Umar. 35. Upon the consideration..Category: Family Law | Date: | Hits: 184
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....th law and, as such, no interference is called for. Mr. Siddique submits that dismissal of the plaint involves both question of law and fact and since the Court in writ jurisdiction cannot decide the disputed question of fact on an application without proceeding under section 27 of the Act, there is..Category: Civil Law | Date: | Hits: 131
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....der passed by the High Court Division is wholly illegal and not in accordance with law and it suffers from legal infirmity and the same is liable to be set aside. 10. The facts of the case are not disputed. The respondent filed an application on 04-08-1999 under Section 14(2) of the Arbitration A..Category: Alternative Dispute Resolution | Date: | Hits: 187
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....ge, Trishal, Mymensingh in Miscellaneous Case No. 49 of 2000 (pre-emption) disallowing the pre-emption. 2. The case of the pre-emptor-appellant opposite party Md. Sohrab Ali, in brief, is that the disputed land belonged to opposite party No. 2 Haji Md. Kazimuddin Akand who sold the same measuring..Category: Property Law | Date: | Hits: 91
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....nullity and such decree could not be executed in law. In support, he cited Aminullah Bhuiyan and others Vs. Abdul Hafiz and others, 1981 BCR (AD) 131 = 33 DLR (AD) 282. 12. The facts which are not disputed are that Md. Moshin Khan on 9-5-96 got the preliminary decree on contest against defendant ..Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....998, submits that the deed in question under the pre-emption proceeding was, in fact, a deed of mortgage but due to mistake the kabala was written as a sale deed and thereafter the vendor of the said disputed kabala instituted Title Suit No. 30 of 1998 before filing the pre-emption case and ultimate..Category: Property Law | Date: | Hits: 67