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Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....onship. This defendant established "Datco Private Limited" Company and this defendant through this Company earned foreign currency for this country. Defendant at first took rent of the disputed premises at a monthly rental at Taka 25,000 from 1984 and thereafter, upon an agreement, te..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....vice Recruitment Rules, 1956. The High Court ought, therefore, to have admitted the petition and issued a rule so that the grounds of challenge set out in the petition could be examined on merits. No disputed questions of fact appeared to arise in the petition and in any event until a return was fil..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....pted the submissions made by Mr. Rokanuddin Mahmud adding that the plaintiff-bank would be in serious problem in recovering its outstanding dues unless the auction purchaser is allowed to possess the disputed land in which he was inducted into possession through the Adalat. 12. Mr. AM Aminuddin..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....as lodged in each case under section 56(1) of the Act and section 25B of the Special Powers Act, which are now pending before the Special Tribunal for trial. The concerned writ petition involved disputed questions of fact which could not be resolved in summary proceedings under article 102 of ..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
.... the trial court in the impugned judgment are not tenable in the eye of law. The finding of the learned Joint District Judge that the plaintiffs failed to prove their right, title and interest in the disputed land mentioned in the C.S. Khatian No. 388 and C.S. Plot No. 167, is contrary to evidence a..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....ther case of the prosecution is that, the accused persons at the instance of Golam Mawla and Nurul Islam, at a secret meeting at night, made a plan, with a view to take forcible possession of the disputed boundary and also construct a wall. The accused persons with the common object trespassed..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....inion for ends of justice, the High Court Division may obtain such opinion for the purpose of effectually and completely adjudicate upon and settle all questions involved in the suit. It can send the disputed signatures appearing in the deed of agreement with the admitted signatures of the defendant..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....se offence. In taking this view we lend support from the case of Salma Khatun Vs. The State 38 DLR page 348. In the case of Habibur Rahman Mollah Vs. The State the apex court of our country held that disputed facts can only be decided on evidence at the trial the High Court Division while exercising..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....Rahman, Department of Urban and Regional Planning, Bangladesh University of Engineering and Technology (BUET) was appointed by the appellant to act as their arbitrator for resolution of the disputed claim as per provisions of the contract. The appellant requested the respondent to nominate..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....of Order No.165 dated 19-3-2008 being related to the same auction sale in between the same parties are taken up together and this judgment would governed both these appeals. 2. The facts are not disputed City Bank Ltd obtained decree against Mobarak Re-rolling Mills Ltd. on 6-11-1993 and prelim..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....heard both the leave petitions, granted leave to consider (i) whether the High Court Division acted illegally in not considering the fact that the petitioner had paid full consideration money for the disputed property before the contract was terminated on 29.07.1996 and also paid an amount of Tk.28,..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....n possession after his purchase. He also denied the suggestion that he did not ever get possession of the suit land. This witness also denied the suggestion that he is in the habit of purchasing disputed lands. 32. P.W.9 Taher Ali deposed to the effect that Akbor Ali has been in possession..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....arge-sheet in this case. 23. These are the evidences that have been adduced by the prosecution in this case. From the evidence on record it appears that the death of deceased Atiar Rahman is not disputed at all. In view of prosecution case deceased Atiar Rahman met the death in the night follow..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....Affidavits-in-Opposition in identical terms denying the material allegations made in the petition stating, inter alia, that the writ petition in its present form is not maintainable as it raises disputed questions of facts hence, the Rule is liable to be discharged; that the respondents did ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....l in nature. 19. These are all the evidences that have been given by the prosecution in this case. 20. Death of deceased Tarun Kumar Saha in the house of accused Matiur Rahman @ Mati is not disputed in this case. The prosecution case is that he was assaulted to death. P.W.9 who held post-m..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....oss-examination that the government would not file any document to show how the government -acquired ownership of the suit property. The Appellate Court purposely did not discuss the fate of the disputed case 10 of 1968 about the suit property in which government lost by the judgment of concern..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....cord rightly framed charge under Sections 11(L), 30 of the Ain 2000 against the appellants. We have carefully gone through the grounds taken in the petition of appeal, such grounds are absolutely the disputed question of facts and the same should be decided at trial. The pleas of the appellants are ..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....old that in view of sub-rule (5) of Rule 60 of the said Rules, the BTRC has now no option but to implement the decision No.2 of the Review Panel and start fresh procuring process after cancelling the disputed one. In the result, the Rule is made absolute without any order as to cost. Accordingl..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
....cates of both the sides and gone through the impugned judgment and also the judgments of the lower appellate court and of the trial court. 12. It appears that in this suit for partition the main disputed question is whether four annas share of the lands of C.S. Khatian No.59 was sold in auction..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71