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Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)

....e impugned judgment and order making the rule absolute. But as some vital points have been discovered subsequent to the passing of the judgment after reviewing the Government's file in respect of the disputed land the respondents filed the review application on the ground of non-representation of ac......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ..

Category: Property Law | Date: | Hits: 85

Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)

....h. Preparation of paper book is dispensed vim as prayed for. Parties are directed to maintain status-quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 370.......erson could be produced before the trial court to prove the genuine­ness of this patta but there were some other most dependable evidence which supported the genuineness of this patta; that the C.S. khatian, R.S. khatian and also the rent receipts showing payment of rent by the plaintiffs and their..

Category: Property Law | Date: | Hits: 77

Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344....... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344...

Category: Property Law | Date: | Hits: 72

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....s of quota. The writ petitioner’s claim is not capable of being established in a summary proceeding under writ jurisdiction because it requires detailed examination of evi­dence. In case of highly disputed ques­tions of fact for decision, a civil suit, not a writ petition, would be the appropria......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ..

Category: Constitutional Law | Date: | Hits: 247

Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)

.... with a revisional application however wrongly exercised. 8. The general principle regarding granting a temporary injunction, as stated above by the learned Advocate for the opposite party, is not disputed by the learned Advocate for the petitioners, but he submits that in the instant case the fa......njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ..

Category: Property Law | Date: | Hits: 101

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....d with the writ petition to make out a case. Without any such statement and in absence of the said documents, presumption would be that the auction notice has been rightly published. 7. Moreover a disputed question of title between the petitioner and the respondent-bank is involved in this writ p......to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 85

Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)

....on that in the present case the KARIKA is aggrieved due to the order passed if it is found to be unauthorised. 11. About the representation of the petitioner by Mrs. Rowshan Akhtar which is highly disputed we will not enter into any disputed question of facts with regard to the post of Chairperso......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324...

Category: Others | Date: | Hits: 136

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....er in his petition that after liberation he submitted an application praying for allotment of an abandoned house in his favour to the Ministry of Public Works and Urban Development which allotted the disputed house at 9, Shirish Chandra Das Lane, Dhaka to him by allotment letter dated 22.5.74 (Annex......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ..

Category: Property Law | Date: | Hits: 86

Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)

....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ..

Category: Property Law | Date: | Hits: 74

Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)

....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......cted to mutate the names of the petitioners in the records of right by opening a separate Khatian in their names and to receive rents from the petitioners for .06 (point Zero Six) acres of land of CS khatian No.71 CS Plot No.971 SA plot No.274A Hal plot No.3389 of Mouza Gouripur, police Station Gour..

Category: Property Law | Date: | Hits: 69

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

....ere not sufficient to record its name in the record of rights and that at the time when the said record‑of‑right was prepared the other parties including the respondents had got possession in the disputed lands. In the result, we find no substance in this writ petition. The rule is accordingl......n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ..

Category: Property Law | Date: | Hits: 125

Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)

....td. namely, Shahidur Rahman and Company. All these claims which are on record will be dealt with in accordance with law by the official liquidator in due course. 4. The facts stated above are not disputed at all. The above company was wound up by an order of this Court dated 9.8.90 upon the appl......after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ..

Category: Company Law | Date: | Hits: 193

Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)

.... and did not consider the evidence given by the plaintiffs regarding the custody of the original agreements in the hand of the defendant No.1. He further submitted that it is hazardous to compare the disputed handwriting or signature by the Court though the Court is authorised under the provisions o...... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279...

Category: Property Law | Date: | Hits: 57

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....atter was required to be resolved by arbitration in accordance with Clause 13 of the share purchase agreement. 4. Mr. Abdur Razzak, learned Counsel, appearing for the appellants submitted that the disputed between the parties arising out of the buy-back agreement was required to be resolved by ar......ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ..

Category: Civil Law | Date: | Hits: 78

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

....at Chatterjee landlords were in khas possession, in any part of the suit land. The genuineness of the kabuliat Exts. 1 and 1 (a) and the auction sale and the subsequent kabalas Exts. 3 and 4, are not disputed. The learned Subordinate Judge is of opinion that as the plaintiffs failed to prove khas po......hedules to the plaint. 3. The plaintiffs case is that Madhu Mondal and Haran Mondal had raiyati interest in the suit land under the landlord Chatterjee Babu at the rent of Tk. 50.00 as recorded in khatian 243 of the suit mouza. The further case of the plaintiffs is that Haran Mondal and Madhu Mon..

Category: Property Law | Date: | Hits: 70

Refazuddin Mondal Vs. Abdul Razzaque @ Rezaul Karim & others, 1989, 18 CLC (HCD)

....tion 96 of the State Acquisition and Tenancy Act against the pre‑emptee kabala purchaser in the Court of Subordinate Judge, Pabna, alleging, inter alia, that he was a co‑sharer by purchase in the disputed holding and is accordingly entitled to get the land in dispute by way of pre‑emption. The...... for any interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 43 DLR (1991) 644...

Category: Property Law | Date: | Hits: 68

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

.... (Madras) 456 arose out of a suit for recovery of possession and for removal of the wall from the suit land but it was dismissed on the ground that the plaintiff acquiesced in raising the wall in the disputed land. The next case referred to by Mr. Ahmed is reported in AIR 1967 (Cal) 204 which arose ......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..

Category: Property Law | Date: | Hits: 110

Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)

....he order of the Magistrate. So the Special Tribunal has not been provided with any jurisdiction to take cognizance of or to try offence under 156(1)(8) of the Customs Act. This position of law is not disputed. 6. Similarly, section 26 of the Special Powers Act provides that the offences under the......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614...

Category: Criminal Law | Date: | Hits: 52

Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)

.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601....... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601...

Category: Property Law | Date: | Hits: 92

Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)

.... per schedule by the Election Commissioner and all steps taken thereafter till the election result is declared is an integral part of the whole election. The acceptance of a nomination paper which is disputed is thus, not a pre‑election dispute but an election dispute and can be agitated before th......accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ..

Category: Election Law | Date: | Hits: 156