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M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ration of India Ltd and Others (2004 3 SCC553), the Indian Apex Court came up with a clear finding thatin an appropriate case the Writ Court has the Jurisdiction toentertain a writ petition involving disputed questions of factand there is no absolute bar for entertaining a writ petition evenif the s......three years and the very existence and foundation of the Republic was severely threatened. Even in that trying and precarious situation the Hon’ble Judges of the Supreme Court did not relent from upholding the fundamental principles of the Constitution in obedience to their oath and held that Cong..Category: Criminal Law | Date: | Hits: 154
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......the individual so acquiring property was a professed ascetic, may have importance. But it is out of question to suppose that a man's religious opinions or professions can make him incapable in law of holding property. He may fail to act up to them, or take heretical and inconsistent views without in..Category: Civil Law | Date: | Hits: 104
Abdul Motaleb and others Vs. Customs, Excise and VAT Appellate Tribunal, 2011, 40 CLC (HCD)
....tice dated 14-2-2008 (Annexure-C) is also declared to have been passed and issued without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 100. ...... respondents to show cause as to why the Judgment and order dated 28-5-2009 passed in Nathi No.CEVT/Case-(VAT)-236/2008 dated 28-5-2009 by the respondent No.1 (Annexure-G) dismissing the appeal and upholding the Judgment and order dated 2-6-2008 passed by the Respondent No.3 in order No.367 Mushuk-A..Category: Fiscal/Taxation Law | Date: | Hits: 135
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ..Category: Civil Law | Date: | Hits: 94
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......t any basis which is liable to be interfered with by this Court. 21. It appears that the learned Appellate Judge in order to set aside the trial Court Judgment heavily relied upon the S.A. record, holding that the S.A. record contained the name of the two brothers and as such the trial Court comm..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....dditional Divisional Commissioner Dhaka by order dated 5-11-1994 and finally upheld by the Full Board of the Land Appeal Board in Review Case No.3-108 of 1995 by order dated 9-12-2003. Anyway such, disputed and important question of facts cannot be resolved in the writ jurisdiction. It is further ...... amendment, Satinath Bandapaddhaya was added as Opposite Party Nos.3 in the said Miscellaneous Case No.355 of 1968 by order dated 16-8-1969. Meanwhile Circle Officer (Revenue), Tejgaon, Dhaka after holding local enquiry submitted a report on 7-7-1969. The Miscellaneous Case was taken up for ex-p..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..Category: Business or Commercial Law | Date: | Hits: 365
.... inasmuch as the lower appellate Court after properly adverting to the evidence on record and to the findings of the trial Court correctly arrived at a finding that Haji Bilat Ali Mondal executed the disputed deeds and the plaintiff failed to prove their case that the deeds are forged. Mr. Mozammel,......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
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Category: Property Law | Date: | Hits: 66
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......t. It is held in the case of State of Maharashtra Vs. Ishwar Piraji Kalpatri 1995 (4) Crimes 769 (SC) that when FIR disclose a strong prima facie case against the accused petitioner for which without holding trial his innocence cannot be proved by an application under section 561A of the Code. The c..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....n filed the present Title Suit namely- Title Suit No.227 of 2004 in the Court of 5th Joint District Judge, Dhaka, on the pleadings that they do not deny the liability of the loan but in view of the undisputed fact that Siemens gave an undertaking to repay the loan amount on behalf of the plaintiffs ......the present suit was exactly the contention that has been raised by the present plaintiffs as defendants in Arthorin Adalat Case No.33 of 2002 and that contention was negetived by the Arthorin Adalat holding that Siemens is not a necessary party. The learned Advocate, further submits that the reliev..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....o in writ jurisdiction because it needs evidence as well as a local inspection. In the proceeding under Article 102, it is not desirable, more often than not, not possible to record a finding as to a disputed question of fact. The High Court should not enter into disputed question of fact nor decide......ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....als on record illegally allowed the appeal. The learned Advocate further submitted that the learned appellate Court without considering the facts and circumstances of the case illegally held that the disputed deeds were obtained by the defendant petitioners by practicing fraud upon the plaintiff who...... is no provision for counting the limitation from the alleged knowledge of the plaintiff about the disputed deed and, as such, the learned appellate Court committed gross error in allowing the appeal holding that from the date of knowledge of the plaintiff the suit has been filed within time. 7. ..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ...... for the ends of justice or to prevent abuse of the process of the Court." 11. In this respect, the Appellate Division and the High Court Division have given a very thoughtful and careful decision holding that only for the ends of justice the discretion under section 151 CPC cannot be exercised, ..Category: Procedural Law | Date: | Hits: 82
Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....ections 10 (5) and 10 (6) of Ordinance No. LIV of 1985, the decision made by the Court of Settlement is final and is binding on both the parties. The decision of the Court of Settlement declaring the disputed house as not being abandoned property and excluding the disputed house from the 'Ka' list o......d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ..Category: Property Law | Date: | Hits: 77
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....aim his statutory right of pre-emption of the sale in question or when it becomes clear that the pre-emptor is in loco parent is with the pre-emptee and he plays a definite part in bringing about the disputed transfer, the principles of waiver acquiescence and estoppel will come in full play and the......uld be waived or relinquished by a specific agreement was wrong on principle and authority. Mr. Pal argued that the right of pre-emption inheres in a co-sharer because of co-sharership in the land or holding and as such is amenable to be waived or relinquished by consent, conduct or acquiescence, ev..Category: Civil Law | Date: | Hits: 192
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......payment of entire money, claimed in the Execution Case before publishing the auction notices in the newspaper. The learned District Judge did not commit any error of law in passing the impugned order holding that the judgment debtor cannot be liable to pay the costs as claimed by the petitioner. ..Category: Civil Law | Date: | Hits: 276
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
.... extension of time for deposit of cost of Taka 1,200 by the impugned order in the facts and circumstances of the case. 21. The facts as stated hereinabove do not need to be reiterated. What is not disputed is that on 8-11- 05 the aforesaid suit was decreed ex parte. Whereupon, the petitioner made......cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ..Category: Civil Law | Date: | Hits: 281
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....filing written statement stating that the S.A. tenant went to India in the year 1965 and the suit property was never transferred elsewhere and it was declared as vested and non resident for which the disputed notice was served upon the plaintiff petitioner and as such the suit is liable to be dismis......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ..Category: Property Law | Date: | Hits: 155
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....have also gone through the reported cases referred to by Mr. Safiquzzaman, the learned Advocate for the appellants. That the death of victim Rafiq was homicidal as a result of strangulation is not disputed. This aspect is further proved by the post mortem examination report and the oral evidence ......w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 170
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....o.37 of 1981 in the 5th Court of Sub Judge, Dhaka, for permanent injunction on the plea that they got the land by korfa settlement from Rashik Lal and Mohadev Chandra Goala. They got 0.70 acre of the disputed CS plot 40 by amalnama and dakhila. This claim of the said defendants on the basis of amaln......ated in the sketch map attached and marked as Y of the plaint. 14. In collusion with defendant-2, said defendant being an employee of Dhaka Municipal Corporation managed to mutate his name under holding No.5/6 Topkhana Road. Defendant No.12 also being an employee of said corporation managed to ..Category: Property Law | Date: | Hits: 149
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