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Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
....ndent Bank. Annexure J is legal notice dated 23.6.87 issued by petitioner and Annexure K dated 10.7.87 is the reply of the legal notice of the petitioner given by the respondent Bank. 9. It is not disputed that 969 share certificates were sold to the petitioner by Mr. S Khurshid Anwar and the ins......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....id suit by the present petitioner and other defendants for temporary injunction for restraining the plaintiffs of that suit including the respondent No. 4 of this writ petition from entering into the disputed lands. The injunction matter was heard by the learned Subordinate Judge, 3rd Court, Barisal...... Ulania Joint Estate. But we find no evidence of any settlement from the ex‑landlords. The suit land was recorded as Government khas land. Khondker Mahbubuddin Ahmed contends that this entry in the khatian is wrong in that the suit land was found by the Settlement Officer and the Pleader Commissio..Category: Property Law | Date: | Hits: 63
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....tter was decided at the stage of fixing peremptory hearing of the suit without taking any evidence. Though as many as five issues were framed but the suit was dismissed without taking evidence on the disputed issues. So, this is a fit cause for sending the suit on remand to dispose of the suit on......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...Category: Employment/Service Law | Date: | Hits: 64
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123...Category: Property Law | Date: | Hits: 79
Meghna Petroleum Limited Vs. Commissioner of Taxes, 1992, 21 CLC (HCD)
.... For the Applicant. Md. Moksudur Rahman, Advocate ‑ For the Respondent. Application No.133 of 1991. Judgment AM Mahmudur Rahman J.- This is an application for stay of realisation of the disputed amount of tax 60 the decision of the questions of law referred in the Reference Application...... and the authorities below are directed to stay realisation of tax as demanded till decision of the Reference Application. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 115...Category: Fiscal/Taxation Law | Date: | Hits: 98
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....e and plaintiff dispossessed him during the liberation war and after dispossession he filed an application to the local Union Parishad against the plaintiff and there was settlement in respect of the disputed land by the chairman. The sale deed executed and registered on 2.10.63 was marked as Ext. 1......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183...Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
.... 2. Ganesh Pada Parial as plaintiff instituted Partition Suit No. 87 of 1969 against Priya Bandhu Bhattacherjee, Nirmal Chandra Bhattacherjee, Haripada Parial and Nirode Baran. His case was that the disputed land measuring 1.51 acres appertaining to RS khatian No. 966 and 4072 of Mouza Paschim, Guz......ion Suit No. 87 of 1969 against Priya Bandhu Bhattacherjee, Nirmal Chandra Bhattacherjee, Haripada Parial and Nirode Baran. His case was that the disputed land measuring 1.51 acres appertaining to RS khatian No. 966 and 4072 of Mouza Paschim, Guzara under PS Raozan, District Chittagong originally be..Category: Property Law | Date: | Hits: 69
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....ra of 3 witnesses. The contesting defendants filed an unsworn petition praying for dismissal of the suit on the ground of its non‑maintainability alleging that the schedule 2(ka) and 2 (kha) of the disputed land described in the plaint schedule situate at Trishal Upazila and as such the suit is no......ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168...Category: Procedural Law | Date: | Hits: 102
Kadu and others Vs. State, 1990, 19 CLC (HCD)
.... submits that prosecution has been able to prove the charge beyond reasonable doubt at least in respect of appellant Kadu who struck the deceased with a katra in his left chest. 8. It has not been disputed that Asak Ali was murdered on 26th Chaitra, 1381 BS but according to defence plea he was mu......de. They be set at liberty forthwith if they are not wanted in any other connection. Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 163. ..Category: Criminal Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....rs. Taking such advantage of the blank signed stamp papers the plaintiff in collusion with his brother fabricated the said bainapatra. His further case is that he himself and defendant No. 2 sold the disputed land to his wife Braja Bashi Debi by a kabala, exhibit 'Kha' which was executed on 14.4.74......., the defendant No. 1 as DW 1. The plaintiff proved the bainapatra, exhibit‑2, and the kabala what she had obtained from the defendant No. 2 in pursuance of the compromise in the suit. The relevant khatian is exhibit‑3 and the solenama between the plaintiff and the defendant No. 2 is exhibit‑4..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....Rule in which the respondent Nos. 1 and 2 entered appearance and resisted the application by filing an affidavit‑ in ‑opposition contending that the writ petition was not maintainable inasmuch as disputed questions of title are involved, The further contention of the respondent Nos. 1 and 2 is t......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Kazi Motiur Rahman and others Vs. Din Islam, 1990, 19 CLC (HCD)
.... first, that the delay in lodging the complaint after 15 days of the occurrence creates sufficient doubt about the prosecution case. Secondly, the complain failed to prove exclusive possession of the disputed plot. Thirdly, conviction was made on the basis of the evidence of DW 3 alone without exami......ected to pay the fine within 6 months from arrival of the records to the Lower Court. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 128. ..Category: Criminal Law | Date: | Hits: 73
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....orary injunction but he passed the following order- "in view of the verbal undertaking of the learned Advocate on behalf of the plaintiffs that they would not make any further construction on the disputed suit plot No. 2205 during the pendency of the suit, the application for temporary injunctio......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
..... MM Ruhul Amin, Munsif, 3rd Court Comilla decreeing the Title Suit No. 359 of 1974 in part, a suit for Specific Performance of Contract, to the extent 0 0.05‑1/4 acre out of 0.06‑1/2 acre of the disputed land. 2. Plaintiffs case in short is that the disputed land originally belonged to one S...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..Category: Property Law | Date: | Hits: 70
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....of the respondents that the writ petition is incompetent inasmuch as the petition was made without first availing of the remedies available under the Act by way of appeal and revision against the disputed orders of requisition. It is true section 4A of the Act as inserted by Ordinance No. III ......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....oner within three months from date. There will no order as to costs. Ed. Naimuddin Ahmed J.- I agree with the findings of my learned brother Mohammad Gholam Rabbani, J to the effect that the disputed house in question originally belonged to Abdul Khaleque Khan and that Abdul Khaleque Khan d......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
....committee declared the tender of M/s Sharif & Co. to be unacceptable and it was rejected and No.2 envelope was returned to Sharif & Co. They refused to accept it. The shortage of earnest money is not disputed by Sharif & Co. because the demand draft is given by Bank for Tk. 45,000.00 and not for Tk.......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
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Category: Others | Date: | Hits: 128
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....nants in respect of the holding which was subject matter of the suit for ejectment of the tenants under tenant Syed Ahmed. He continued to argue that as the petitioners have been in possession of the disputed holding as sub‑tenants under Syed Ahmed and running their respective business they are ne......rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ..Category: Property Law | Date: | Hits: 67
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
....e aforesaid land (described in schedule 2 to the plaint) the plaintiff was in possession by cultivating and growing paddy and also enjoying fruits. There being no partition by metes and bounds or the disputed land and the plaintiff demanded partition of the same from the defendants. But the defendan...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..Category: Property Law | Date: | Hits: 66
Sarwar Kamal and others Vs. State, 1992, 21 CLC (HCD)
....re, but without compliance of the requirements of the said section. His further contention is that there being no positive finding by the court below as to which party was in actual possession of die disputed land at the time of occurrence, the learned Assistant Sessions Judge acted illegally in det......ected to surrender to his bail bond and serve out the remaining sentence. Let the records be sent down to the lower court expeditiously. Ed. This Case is also Reported in: 48 DLR (1996) 61. ..Category: Criminal Law | Date: | Hits: 86
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