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Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....petitions that the cases have been instituted to persecute the accused with malafide intention. The submissions that the cases have been instituted malafide or to persecute the accused-persons are disputed facts which can not be looked into and decided in a summary petition exercising extra-ordi..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
....ry of possession through the process of the Court. The High Court Division in the backdrop of the matter held that the plaintiff could not claim any right or interest in the suit property since the disputed property in question was sold in auction in favour of the respondent No.1 through the pro..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....g before the date of knowledge and that she had instituted the case as soon as the case land had been improved at huge costs. The High Court Division though observed that the point of limitation is a disputed question of fact which can be determined on the basis of the evidence on record but on the ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....e of ‘revival’ the question of the Magistrate becoming functus officio may arise, but no such question can arise if a fresh complaint is entertained though on the same allegation. “It is not disputed that after dismissal of a complaint or discharge of an accused, a fresh complaint may be en..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
.... and bounds by a properly constituted partition suit and whether the High Court Division is justified in restraining the Government and the RAJUK from removing the unauthorized constructions till the disputed property is partitioned by the civil Court. 3. Writ petitioners challenged the purported a..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....decree of the appellate court by the impugned judgment and order.8. We have heard Mr. Abdur Razzak, the learned Counsel for the petitioners and gone through the judgments. In this case the quantum of disputed land is 6 decimals of plot No. 2687 of C.S. Khatian No. 440 of mouza Farhad Nagar within P...Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Chunnu Vs. State, 2011, 40 CLC (HCD)
....e Appellant Chunnu. It appears that it is not a decision on common intention under section 34 of the Penal Code, and accordingly, when the question of common intention of the Appellant Chunnu is disputed, we are of the view that this is of no help for him. On the other hand, we have also consid..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... the Act No. XII of 1974 he was released from service on 25-2-2009 at the age of 57 years and that he went on LPR with full consent. Moreover, the petitioner after release from his service never disputed the said order. As such, challenging the impugned order one and a half year later for claim..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....xed to the writ petition and the affidavit-in-opposition filed by the respective parties. In this summary proceeding, the High Court Division neither decides the complicated question of title nor the disputed question of fact.....................(34) Cases Referred to- Md. Aftab Ali Sheikh Vs...Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218...Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....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..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... petitioner was fully aware of the mortgage suit and she has no interest in the land of respondent No.3 (judgment debtor). In the said affidavit-in-opposition respondent No.4 (auction purchaser) also disputed the right and title of the writ petitioner as well as her co-sharers over the land in quest..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....erring to the case of Habibur Rahman Mollah Vs. State and another 62 DLR (AD) 233 Mr. Khan argued that the allegations against the petitioner on the facts and circumstances of the case are absolutely disputed facts which can only be decided on evidence at the trial. 14. Be that as it may we hav..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....adjudicating order passed by the Commissioner of Customs Excise and VAT is appealable and writ petition is not maintainable without exhausting the said remedy of appeal observed: "It is not disputed that the order of the adjudicating officer that is Commissioner of Excise and VAT, Rajshahi..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....it land with the money given by his grandmother and that he got possession of the suit land and had been possessing the same. The age of the defendant No.1 was 16/17 years in the year of 1969. The disputed kabalas were in his custody. Plaintiff transferred the suit land to Khidir Gazi and Jamat ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....omplainant who is entitled to prove his case on evidence. Similarly, it has been held in the case reported in 60 DLR (2008), 677 that, whether the accused received the legal notice or not is merely a disputed question of fact and the same should be decided in trial. It has also been observed in that..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
....ndent misused the privilege of bonded warehouse and the respondent having failed to show cause in terms of letter dated 7.8.2001, notice dated 26.8.2001 was issued and in any view of the matter since disputed question of facts are involved, those can not be resolved by affidavits and accordingly the..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63
Aftab Automobiles Ltd Vs. Superintendent Customs, Excise & VA, 2010, 39 CLC (HCD)
....xhausting those forum the petitioner has filed the present writ petition which is not maintainable. (k) The question as to whether the petitioner took excess amount of rebate or not being a disputed question of fact, it cannot be decided in writ jurisdiction. The writ petition is misconcei..Category: Fiscal/Taxation Law | Date: 10 May, 2010 | Hits: 6
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
.... section 67 of the Registration Act, but the learned appellate Court committed error in allowing the appeal without considering the case of the pre-emptee that the preemptor is not a co-sharer in the disputed khatian which has been wrongly recorded in the name of his predecessor Foiz Ahmed who has n..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56