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AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....l Procedure was moved on 6-3-2005 praying for an order restraining the said defendant from interfering with the possession or otherwise dispossessing the tenants of the plaintiff-petitioners from the disputed property, but the learned Joint District Judge after hearing the petitioner by his order da..Category: Procedural Law | Date: | Hits: 90
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....than for contradicting him, which is not possible, as he has succumbed to the injuries. If we treat this statement as dying declaration it is difficult to use the same as such since the informant has disputed the correctness of the statement of the maker stating that the investigating officer has re..Category: Criminal Law | Date: | Hits: 49
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....ADC (Rev), Comilla annexing number of letters including one dated 21-3-04 of the Deputy Commissioner addressed to Mr. Abdul Wadud Bhuiyan. In the letter, the Deputy Commissioner informed him that the disputed shops were never under the management and/or control of the Ministry and the shops were all..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....y Mr. Imam. In all these three writ petitions and the pending civil suits interpretation of Article 147(3) is involved. It therefore, appears that the point involved does not require determination of disputed questions of fact by taking evidence. The present writ petitions are therefore, more effect..Category: Information Technology Law | Date: | Hits: 324
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....oor Rashid, Customs Inspector, who was on duty at the delivery gate on the night of 23-7-2001, that some unknown persons took out the consignment referred to in Annexure-'G' (hereinafter mentioned as disputed consignment) from the ICD port protected area, Kamlapur. Hearing the news of the same, the ..Category: Criminal Law | Date: | Hits: 158
Dr. Abdur Rahman and others Vs. Chairman, RAJUK & others, 2005, 34 CLC (HCD)
....ition of the land. They have two-fold grievance against the opposite parties. One is that without paying any compensation the opposite parties want 'to take possession of the land. This fact has been disputed by opposite party No.1 in their counter affidavit wherein their positive case is that the p..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh Vs. Helal Jute Press Ltd. and others, 2009, 38 CLC (AD)
....amidul Huq Chowdhury vs. Bangladesh reported in 34 DLR (HCD) 190 which runs as under: "With regard to the compensation the [High Court Division] exercising writ jurisdiction shall not enter into disputed quotations of fact relating to damages or compensation." 13. In the case of Farid Mia ..Category: Property Law | Date: | Hits: 128
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
....operative. The said suit was also decreed ex-parte on dated 23rd November, 1998. According to the writ petitioner in pursuance of the judgment of the civil Court he has been peacefully possessing the disputed land and filed several petition to the Additional Deputy Commissioner, Dhaka for mutation..Category: Property Law | Date: | Hits: 71
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
.... whether any amount by way of interest was by the assessee. In the instant case it appears that the assessee fulfilled the requirements as laid down in the aforesaid section and factual aspect is not disputed either by the Deputy Commissioner of Taxes or by the Appellate Tribunal. It is now well set..Category: Fiscal/Taxation Law | Date: | Hits: 135
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
....etirement) Act, 1974 and Rule was issued only calling in question the cancelling of the appointment of the petitioner and further, this issue as to whether the project is still continuing or not is a disputed question of fact, we refrain from giving any decision on this issue. 18. Since we are of..Category: Employment/Service Law | Date: | Hits: 117
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....that some important legal questions have also been raised through the petition, which require attention. We are, hence, inclined to proceed to dispose of those points of law, albeit existence of some disputed questions of fact. The first issue is thus resolved in the petitioners’ favour. This ..Category: Constitutional Law | Date: | Hits: 231
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....shad held on 15-1-91 the question of misappropriation of the rice in question was fully discussed and deliberated. 15. In cross-examination he stated that the priority list for distribution of the disputed rice is not before the Court but the resolution dated 15-1-91 passed by the Bera Upazila Pa..Category: Criminal Law | Date: | Hits: 88
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....lization by the BSRS is the subject matter of the suit. Now it has been finally decided by this Division that actually there was excess realization. The whole question of excess realization was the disputed question for resolving which the parties ultimately had to come up to this Division. We do ..Category: Civil Law | Date: | Hits: 126
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....ion by the Speaker. The mere information of the fact of disqualification or other reasons for vacating the seat by the Speaker to the House will not ipso facto raise any dispute unless such facts are disputed by the Member concerned. The dispute has to be real and express and it cannot be inferred. ..Category: Constitutional Law | Date: | Hits: 202
Sazeda Khatun Vs. Asad Ali and others, 2001, 30 CLC (HCD)
.... dismiss the application only when the amount of the consideration as stated in the notice under section 89 or in the deed of transfer together with the statutory compensation is not deposited is not disputed that the preemptors deposited Taka 95,000 as stated in the deed of transfer together with t..Category: Property Law | Date: | Hits: 68
Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....ffence involving moral turpitude will not ipso facto raise any dispute referable to the Election Commission under Article 66(4) of the Constitution unless the member concerned or any interested party disputed such. decision. This view finds support in the case of Secretary, Parliament Secretariate V..Category: Constitutional Law | Date: | Hits: 196
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....on since long. The plaintiff-opposite party No.1 namely, Md. Qayum Mollah is a resident of Bagerhat district and by profession a Contractor. They have previous acquaintance with each other. It is not disputed that the subject matter of the suit is a land as well as the building on it and Mr. Abdur R..Category: Civil Law | Date: | Hits: 71
Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)
.... Mr. Ziaul Karim, the learned Advocate for the petitioner and Mr. Abdul Quayum, the learned Advocate for the opposite party. 7. This is a suit for declaration of title and for partition. It is not disputed that by Ext. A (1) an area of 0.34 decimal of land was transferred in favour of Shahabuddin..Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....from the place of occurrence and in the FIR there is specific allegation that absconding accused Faruk Thakur along with 20/25 miscreants armed with deadly weapons created terror to trespass into the disputed house and while victim was going there they had started firing indiscriminately and at one ..Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
....ns, collusion with each other, resorted to forgery fabrication and by creating fictitious papers and by making false entries in the relevant registers managed to withdraw the money covered by the two disputed cheques in fulfillment of their grand design. 27. It is found from the evidence that acc..Category: Criminal Law | Date: | Hits: 104