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Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)

.... the respondent-opposite party No.1 neither examined his mother nor specifically challenged her finger impression as alleged by the process server as OPW 2. Under such circumstances, it can hardly be disputed that the process server served the summons on their mother, because on receipt of the said ..

Category: Trust/Waqf Law | Date: | Hits: 189

Abul Kalam Mollah Vs. State, 1999, 28 CLC (HCD)

....used appellant returned home on the date in the night i.e. after the occurrence, in such a case duty upon the accused, appellant is found to have not been discharged (complied with) by him. It is not disputed that the deceased was the wife of the accused and she was with him in latter’s house. In ..

Category: Criminal Law | Date: | Hits: 32

Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)

.... application should be rejected on the general principle that it should be filed within a reasonable time and not after inordinate delay. 29. Mr. Rabindra Ghosh, lastly submits that in a case of a disputed question of fact an application under section 43 of the Companies Act is misconceived; the ..

Category: Company Law | Date: | Hits: 194

Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)

....xing and among others certified copies of CS Khatian No. 2 marked as Annexure 4 -4(1). CS and Map prepared by the Government in 1922-23 in respect of Mowza Balabunia No. 127, Sheet No. 2 covering the disputed lands clearly showing constitute the bed of some rivers and navigable canals marked as Anne..

Category: Property Law | Date: | Hits: 107

Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)

....case of Nelly Zaman Vs. Giasuddin Khan, 34 DLR 221, it is held, “Service of notice about the registration of the deed of divorce as contemplated under the Muslim Family Laws Ordinance, it is not disputed that such notice was served upon the Mayor of Dhaka being the Chairman of the Local Council..

Category: Family Law | Date: | Hits: 180

SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)

....ade the decree of declaration to the effect that the defendant No. 1 is not entitled to pay any technical fee, shall become meaningless. He further submitted that the plaintiff has an interest in the disputed money which is designated as technical fee in that if the plaintiff succeeds in obtaining d..

Category: Civil Law | Date: | Hits: 164

Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)

....ime of framing charge and the question when the cheque was presented to the bank for the 1st time cannot be decided in this application under section 561A of the Code of Criminal Procedure which is a disputed question of fact. Further, it appears from the order dated 11‑3‑1999 that the accused p..

Category: Criminal Law | Date: | Hits: 28

Sobha Rani Biswas Vs. State and others, 1999, 28 CLC (HCD)

....opinion. Admittedly the specimen signatures as stated by the P.W.1 were not taken as per direction of the Court or in the presence of the Court. It further appears that the Court has not compared the disputed signatures by itself nor the finger print expert was examined. Nor the finger prints forwar..

Category: Criminal Law | Date: | Hits: 51

Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)

....n in Writ Petition No.1003 of 1994.) Judgment SK Sinha J.- Leave was granted to consider whether, the learned Judges of the High Court Division were justified in holding that the listing of the disputed property as abandoned property is not hit by proviso (a) to section 5 of the Abandoned Buil..

Category: Property Law | Date: | Hits: 65

Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)

....Judge, Belkuchi, Sirajganj dismissing the Pre-emption Miscellaneous Case No. 21 of 1996. 2. The facts involved in the case, in short, are that the pre-emptors are the co-sharers by purchase in the disputed 'jama'. The vendor Nazrul islam Sarker transferred the disputed land to the pre-emptee on 2..

Category: Property Law | Date: | Hits: 39

Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)

....of host of oral and documentary evidence on record proving that it was Haji Kala Miah who was the real owner of the entire land of suit Khatian and the same was inherited by his heirs long before the disputed mortgage by Tanu Miah and auction purchase by Abdul Huq Bepari; that the suit for partition..

Category: Property Law | Date: | Hits: 47

Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)

.... photocopy or the certified copy of the deed of gift, as the case may be, within the ambit of section 464 of the Penal Code. He further submits that the find­ings of the High Court Division that the disputed deed's "genuiness may be chal­lenged and evidence may be led to rebut its legal presumptio..

Category: Criminal Law | Date: | Hits: 54

M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)

....rs obtained this Rule from this Court. 5. Added respondent No. 5 filed an application for addition of party stating that Other Class Suit No. 533 of 2006 for declaration of title in respect of the disputed property has been pending in the 3rd Court of Joint District Judge, Chittagong. 6. Mr. M..

Category: Property Law | Date: | Hits: 35

Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)

....have been passed without any lawful authority and is of no legal effect. In the instant case the manner of appointment of Mutwalli as per terms and condition is not matter in issue and it is also not disputed here in this case the main question as to how a Mutwalli is to be removed under section 32 ..

Category: Trust/Waqf Law | Date: | Hits: 180

Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)

.... per­formance of contract for certain land on the allega­tions, inter alia, that Dhirendra Lai Nandy predecessor-in-interest of the opposite party Nos. 2-4 exerted into an agreement for sale of the disputed land on 15.4.73 with the petitioner. That Dhirendra Nath took earnest money of Tk. 42,500/-..

Category: Procedural Law | Date: | Hits: 70

President, National Tuberculo­sis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....or elsewhere. 9. This agreement of lease appears to be very carefully drafted and signed by the respective parties in presence of two witnesses on a Tk.3/- non judicial stamp paper. It is also not disputed that after the ex­piry of the lease the plaintiff opposite party informed the defendant pe..

Category: Property Law | Date: | Hits: 28

Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)

....ed that the case is not maintainable in the present form and manner and the same is liable to be dismissed. He further stated that he is a businessman, dealing with paddy and doing business using the disputed land covering plot Nos. 697, 696 and 486 where he established a Husking Mill and chatal. In..

Category: Property Law | Date: | Hits: 36

Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)

....got the suit prop­erty from his father by registered deed of gift dated 26/04/1952 and according­ly got his name mutated with the Municipality and at the time of execu­tion and registration of the disputed sale deed dated 17/12/1972 in his favour the plaintiff was not insane and that there being ..

Category: Trust/Waqf Law | Date: | Hits: 194

Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)

....transaction, the plaintiff filed an application before the learned Subordinate Judge praying for examining and comparing the admitted signatures of defendant No.1 with his signatures appearing in the disputed bainapatra dated 30-11-83 and, on the order of the Court, the plaintiff duly deposited in t..

Category: Civil Law | Date: | Hits: 81

Mrs. Rafiqun Nahar & others Vs. Chairman, Court of Settlement, Segunbagicha, Dhaka & others, 2009, 38 CLC (AD)

....ioners as his heirs. At the time of death of Nur Mohammad Miah some of his heirs were then minor and the petitioners since then have been residing in the Holding at U/59 Nurjahan Road, Block-D in the disputed holding and in paragraph 12 and 22 of the petition, the petitioners have categorically asse..

Category: Property Law | Date: | Hits: 41