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Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
.... Opposite party No.1 Abu Saleh Mohammad Nur claims that in 1980 he purchased the said 2.50 acres of land from the heirs of Mamotaz Begum, and thereafter came to know of the preemption order and the disputed Kabala, and discovered that the Kabala was the product of impersonation showing it to have ......n thereof by way of asserting in his deposition as D.W.1 that executant of the Kabala Mamotaz Begum died during pendency of the pre-emption case and her heirs were substituted. So we have no doubt in holding that by producing the preemption order in evidence and by making statements in support of ..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
.....Petitioners Vs. Mohammad Ali and others…………………..Opposite parties Judgment January 28, 2008. Result: The rule is discharged. Partition Suit In a Partition Suit disputed questions of title may be involved and such questions are to be decided by the Court trying......the Courts below stand maintained. 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) 132. ..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....t is not possible to entertain any vague counter-defence plea regarding payment of cheque money and that in spite of receiving the money; the complainant did not return the bounced cheques. These are disputed facts which may at best be looked into at the time of trial on the basis of evidence. 8 ......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ..Category: Procedural Law | Date: | Hits: 128
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....ction to register the document and registration if executed will be fraud. In a case of fraud, the question of limitation will run from the date of knowledge and not from the date of execution of the disputed document………………..(8) Cases Referred to- 28 DLR (AD) 5; AIR (Nagpur) 550; ......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ..Category: Administrative Law | Date: | Hits: 452
.... 1948 (the 1948 Act) were duly served on 31-5-1966 and 18-7- 1966 observing all legal formalities and the possession of the land was handed ever to the requiring body on 19-4-1966 (sic) including the disputed land of the writ petition. It is stated that a total area of 662.0951 acres of land was fin......lly stated that the plaint of the said title suit has been rejected under Order VII, rule 11 of the Code of Civil Procedure by the Joint District Judge, 6th Court, Dhaka by the order dated 23-3-2008, holding that there is a bar to any suit challenging the requisition notice under section 14(A) of th..
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......s an existence independent from the person who filled it, which goes on and is filled in succession by successive holders."……………………………..(29) The Mayor of City Corporation is holding "office of profit" as defined in Explanation I of Article 12 of the PO 155 of 1972 and also ..Category: Constitutional Law | Date: | Hits: 466
.... costs.
The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 341.
...... (2) shall be deemed to be a licence granted under sub-section (1) and all such licences granted before such commencement to other trade organizations shall stand revoked.
(5) A trade organization holding a licence may be registered under the Act as a company with limited liability without the ad..
Category: Others | Date: | Hits: 107
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....9 is directed against the judgment and order dated 29‑7‑99 passed by the 3rd Court of Subordinate Judge, Dhaka in Miscellaneous Case No.27 of 1999 dismissing the case on refusing to set aside the disputed award. 3. The case of plaintiff M/s MR Sikder (contractor), in short, is that a tender w......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... Further case of the defendant No.6 is that the suit land is khas land of the Government and there was no communication or any link between the defendant No.6 and defendant Nos. 1-4 in respect of the disputed land. The defendant No.6 has purchased 5 /^ decimals of land of SA Plot No.46 of SA Khatian...... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..Category: Procedural Law | Date: | Hits: 137
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
....t Act the Family Court shall follow the Special Provision of that Act and the District Judge has now been made the appellate Court who shall follow the provision of section 17. The petitioner has not disputed this provision of section 24. They have not submitted that this Guardians and Wards Act has......bject to the provisions” as mentioned in section 5 of Madras General Sales Act where section 3 is the charging section and section 5 gives exemption from taxation but that section clearly makes the holding of a licence subject to restriction and conditions prescribed under the provisions of the Ac..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......and fact and circumstances of the case do not have so much of cutting-edge as to penetrate the fortress of innocence built around the two convict-appellants. Learned Trial Judge was in grave error in holding that though the accused Jahangir Alam and Mukut did not personally assault the victim yet th..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....udgment dated 13-12-2006 with the following observations: "However, it is now a settled principle of law that Article 102 of the Constitution can be invoked only where the petitioner's right has undisputedly accrued under the Constitution or under any other legal instrument and such right has not......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......s/notices were served upon the defendants No.2, 3, 5, 7 and 8 which is vital for the purpose of the disposal of the case under order 9 Rule 13 which has been filed mainly on the assertion that before holding the trial of the suit by the Subordinate Judge at Gazipur, the aforesaid defendants died and..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ...... Judge to ask the Government for and obtain sanction. Hence, the learned Senior Special Judge committed illegality in refusing to prosecute the accused opposite party Nos.2 and 3 on the ground of withholding sanction by the Government. 5.In support of his above contentions the learned Advocate of..Category: Criminal Law | Date: | Hits: 130
....0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......that allegations of unfair means had been received against them and withheld their result. Subsequently the University Authority i.e. Respondent No.1 the Controller of Examinations, cancelled the withholding order with regard to 192 examinees. The petitioners were asked by the respondent No.2 to sho..
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
.... 6. Learned Advocate appearing for the petitioner after placing the impugned judgment and other materials on record submitted that learned Sessions Judge having found that there was rioting over the disputed land acted illegally in acquitting the accused opposite‑parties on irrelevant considerati......d defence examined 4 D.Ws. and the learned Sessions Judge after discussing the evidence of those witnesses by a lengthy judgment of one hundred twenty‑nine typed pages acquitted the accused persons holding: "Hence I am of the opinion that the prosecution has failed to prove the charges under se..Category: Criminal Law | Date: | Hits: 75
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......has challenged the judgment and order dated 26‑1‑97 passed by the Chairman, 1st Court of Settlement, Dhaka to have been passed without any lawful authority and to be of no legal effect. 2. The holding in question being plot No. H/7, Block‑E, Mohammadpur, Dhaka was leased out to one Amir Hos..Category: Property Law | Date: | Hits: 71
Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)
....i Case No.905 of 1989 cancelling the sale deed No.2827 dated 4‑4‑1982. 2. Respondents 3‑6 filed an application under section 7 of Bangladesh Rin Shalishi Ain, 1989 stating that they sold the disputed land to the petitioner and the deed referred to in paragraph 3 of the petition shall be can......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ..Category: Constitutional Law | Date: | Hits: 222
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......etitioner's Government submits that both the Courts below have committed an error of law in decreeing the suit against the petitioner, that both the Courts below have committed an error of law in not holding that the petitioner is not liable to pay the compensation to the plaintiffs, that both the C..Category: Procedural Law | Date: | Hits: 111
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... report. Suppressing the facts of the order of stay issued from the Ministry of Health and Family Welfare dated 5-7-2010 the Civil Surgeon, Sunamganj, issued ante-dated appointment letters. So, the disputed appointments given by the Civil Surgeon, Sunamganj, are liable to be declared without lawfu......the material allegations, contending, inter alia, that receiving the information about the illegality and irregularity in the process of appointments, the Government formed an Enquiry Committee for holding enquiry. Accordingly, the Enquiry Committee held enquiry and found numbers of illegalities..Category: Employment/Service Law | Date: | Hits: 148
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