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Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....ans of their livelihood of families from their fore-fathers and as such, the petitioners are genuine cultivators of shrimp by profession. One Anisul Haque was the original lease holder of the disputed shrimp khas land and in this connection a document was made between the original lease hol..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....te party, shows that the land is number patta within the land of old 201/1 to 209/2 it could not be ascertained as to whether the dakhilas exhibited before the Court were related to the disputed land or not. The Court of appeal below also found that the same person put the signatures..Category: Property Law | Date: | Hits: 132
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....he learned Judges of the High Court Division remanded the suit for a fresh trial purportedly on the ground that the suit involves complicated question of title as the Kabala deed dated 19.10.1995 was disputed by the defendants and in view of the findings of the appellate court below as regards the r..Category: Procedural Law | Date: | Hits: 105
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....of inssuance of legal notice after the last occasion of dishonouring the cheque by the Bank concern with the endorsement "not arranged for and refer to the drawer" and on the face of dishonour of the disputed cheque and non-response to the demand for payment against dishonoured cheque we find crimin..Category: Criminal Law | Date: | Hits: 163
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....d defendant Nos.16 and 17 by accepting their written statement contested the suit. Their case, in brief, inter-alia, is that before the C.S. record, Danu alias Danej Moral was the sole owner of the disputed land in respect of 'Ka' schedule land and before the C.S. record, Danu Moral had two sons..Category: Property Law | Date: | Hits: 90
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....ntion of the expression as available in 19Ka, 19Kha and 19Gha. 31. In 19Ka the expression as available under the heading "Duration of resolving case" (Translated from Bangla to English) it is not disputed that the same provision is meant only for the trial Court or Tribunal where trial is suppos..Category: Criminal Law | Date: | Hits: 101
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....viction was set aside by the High Court Division in Criminal Case No. 212 of 1983 which was affirmed by the Appellate Division. In his written statement the defendant No. 5 contended that the disputed heba-bil-ewaz executed by Dr. Sadeq Ali in favour of defendant No.1 was genuine and the p..Category: Property Law | Date: | Hits: 87
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... 10. The High Court Division in respect of the contention of the parties relating to the Ext. A which was also marked as Ext. 2 has observed" since the genuineness of Ext. A has not been disputed by the plaintiff-respondent the same, in our view, should be accepted as genuine. Mor..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....eize the goods acting on the purported authority of the Notification dated 23.8.72. This was resisted by the Customs Officer and the quarrel was initially over the question of jurisdiction. It is not disputed by the respondent that the initial question was the question of jurisdiction. In other word..Category: Fiscal/Taxation Law | Date: | Hits: 129
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....or the petitioner and Mr. A.S.M. Khalequzzaman, the learned Advocate-on-Record for respondent Nos.1-7 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the predecessors-in-interest the plaintiff and the defendants namely, Salamatullah Maz..Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....Suit No.80 of 1994 on 29.11.1994 before the learned Assistant Judge, Mongla within the District Bagerhat for declaration of title in kha schedule land against the present petitioners. 3. The disputed land and other khas lands measuring 38.12 acres and the under raiyates of C.S. Khatian No...Category: Property Law | Date: | Hits: 27
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....weather remedy nor a remedy for all wrongs. It is available only when "no other equally efficacious remedy is provided by law". Delay will defeat this remedy. Directions etc. will ensue only from undisputed facts. Disputed questions of fact will not be entered into. It does not lie to enforce mere..Category: Employment/Service Law | Date: | Hits: 118
Category: Civil Law | Date: | Hits: 212
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....sbelieved her as well. I failed to understand why the learned counsel has referred this decision. In that case it has been observed: “In a criminal trial determination of a disputed fact is the main task before the Court and such determination is depended upon considerat..Category: Criminal Law | Date: | Hits: 291
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....n and other connected papers. 5. It appears that by the kabala in favour of plaintiffs' predecessor 1.20 acres of land was transferred by way of sale and the possession of plaintiffs was not disputed and accordingly the High Court Division held that the plaintiffs arc entitled to get a dec..Category: Property Law | Date: | Hits: 22
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....aka, was renumbered as Misc. Case No.13 of 1984, for realisation of its dues amounting to Taka 68.46 lakh including compensation. In that proceeding Tapashee Shipping Lines Ltd., to which the disputed loan was granted, was made opposite party No.1 and its directors were made opposite p..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....t were considered while hearing the appeal. Moreover, it was found that the writ petitioner committed fraud and fraud vitiated everything and the writ petitioner hopelessly failed to prove that the disputed property is not abandoned property and did not vest in the Government. In the circumst..Category: Property Law | Date: | Hits: 32
Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)
...., on the east Holding No.59/1 Purana Paltan and on the west Holding No.58/1-A. Purana Paltan, and in the said report conclusion was made to the effect that the respondent No.3 was the claimant of the disputed Holding No.58/1-A Purana Paltan and the respondent No.4 was the claimant of Holding Nos.59 ..Category: Criminal Law | Date: | Hits: 62
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....ow about the transfer in question. 13. There is another aspect of the case. Both the Courts bellow arrived at a concurrent finding that the pre-emptee was not a co-sharer in the tenancy. It is not disputed that Afsaruddin (father of the pre-emptor and pre-emptee) had become co-sharer in the tenan..Category: Property Law | Date: | Hits: 37
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Principal of Rangunia College, Chittagong as per notification dated 02.04.2003 without annexing any documentary evidence in supplementary affidavit which is not a admitted fact thus it is a disputed question of fact so it can not be decided under article 102 of the constitution in Writ Ju..Category: Constitutional Law | Date: | Hits: 121