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Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....ase the plaintiff brought a suit for declaration of title whereupon at the instance of the plaintiff an order to maintain status quo by the defendants have been passed in respect of possession of the disputed plot No.71 measuring 0.41 acres of land. Later the plaintiff made another application prayi...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....e actually under the control and supervision of the Bank and their services could be terminated by the Bank. We in the Writ jurisdiction not being a court of appeal will not therefore, interfere with disputed questions of fact which have been found and decided by the Second Labour Court, Dhaka. 1......oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ..Category: Labour and Industrial Law | Date: | Hits: 140
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....not acquired by the writ-respondents by L.A. Case No. 66 of 1957-58. It appears from their produced photocopies of title deeds which do not trace their title back to the original owner. Moreover, the disputed questions of title and facts are involved in this case which cannot be dealt with under the......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....te appearing for the leave petitioner submitted that the courts below erred in law in not noticing that in a case for Specific Performance of Contract only issue to be adjudicated upon is whether the disputed agreement for sale is genuine or not and that the Court acted beyond jurisdiction in consid......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134...Category: Property Law | Date: | Hits: 61
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....m all encumbrances and such acquisition cannot be attacked on any grounds whatsoever other that the remedy provided in the Act. Whether or not the compensation was duly paid to the real owners is a disputed fact which cannot be decided in a writ petition. After the acquisition of the property th......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....late Abdur Rahman appearing on the said deed of gift with his admitted signatures. He submits that the trial Court is not authorised as per provisions of section 73 of the Evidence Act to compare any disputed signature and thereby has committed an error of law resulting in an error in the decision w......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589...Category: Property Law | Date: | Hits: 89
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..Category: Criminal Law | Date: | Hits: 67
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ..Category: Property Law | Date: | Hits: 104
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ..Category: Property Law | Date: | Hits: 80
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
....vi Shah Ahmed Chowdhury and others stating that the property of Waqf of Jinnat Ali had already enrolled as Waqf property in E.C. No.4401, and the Mutwalli is not coming forward for enrolment of the disputed property as Waqf property because Jinnat Ali had no interest in it, but the enrolment was n...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......f the plaint. 6. The case of the defendant No. 1 Ayesha, inter alia, is that out of the entire land, a portion of suit land measuring 0.21 acre was recorded in the name of Nabin Chandra Saha in CS khatian No. 86 and the rest of the land in the name of Gobinda Chandra Saha and others in Khatian No..Category: Property Law | Date: | Hits: 126
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
....asis of the evidence of the eyewitnesses namely, PW 1 [informant] and PW 3 Jharna Begum who saw the occurrence and later on recognised the condemned prisoners in test identification parade. It is not disputed that the first information report was lodged by PW 1 Rahena Akthar, the wife of the decease...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593........ Sudhir Kumar Das got his name mutated in Miscellaneous Case No. 45/IX-I/79-80 and No.317/ IX-I/82-83 and possessed accordingly. As Sudhir Das possessed his entire land inherited and purchased under khatian No. 1102 and the pre-emptor was not a co-sharer in such khatian the pre-emptor was not entit..Category: Property Law | Date: | Hits: 69
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....g in ejmali with the co-sharers. 5. It is further stated that the suit property was never sold in auction; that Rupsha Fakir did not auction purchase the land of CS 30 khatian; that 'Kha' schedule disputed order of review case No. 2 of 1994 is illegal, without jurisdiction and not binding upon th...... jurisdiction, null and void and not binding upon the plaintiffs. 3. The case of the plaintiffs, in short, is that the suit land situated at Mouja Chandkati under police station Jhalakati being CS khatian No. 30 (Karsha right) bearing CS plot No. 201, 202 measuring an area 1.83 acres of land exce..Category: Property Law | Date: | Hits: 70
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......a Shamsi and as heirs of the deceased owned and possessed the suit land. The R.S. record was published in the name of the plaintiff but during devastating cyclone of the year 1998 their field parcha, khatian, dakhilas etc. were lost. The defendant No.1 was a stranger in the 1.43 acres of land of the..Category: Property Law | Date: | Hits: 65
.... an aggrieved person within the meaning of Article 102 of the Constitution to invoke the fundamental rights as guaranteed under the Constitution. The petitioner cannot invoke Writ jurisdiction on the disputed question of facts, inasmuch as whether the petitioner No. 1 is a loan defaulter or not and ...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
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Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ngladesh & others reported in 2004 BLD 365 = 9 BLC 613 a Division Bench of this Court held that where the allegation is about malice in law and such question can be decided without going into the disputed question of fact, this Court can assume jurisdiction under Article 102 of the Constitution.......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
.... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ..Category: Property Law | Date: | Hits: 79
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
..... In the case of Shamsul Haque Vs. Ministry of Law, Justice and Parliamentary Affairs 5 BLC (AD) 176 the Appellate Division accepted the view of the High Court Division that determination of age is a disputed question of fact which cannot be decided in a Writ petition. The principle expressed in the...... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ..Category: Election Law | Date: | Hits: 87
Jalaluddin Vs. State, 2006, 35 CLC (HCD)
.... morgue. PW 11 performed post mortem examination of the deceased, PWs 13 and 14 were the investigation officers. So we find that PWs 10- 14 were formal witnesses. 26. Death of the deceased was not disputed. PW 11 held autopsy upon the dead body and opined that the death was due to shock resulted ......h any other offence. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 410...Category: Criminal Law | Date: | Hits: 55
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