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Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....nted to submit a report and objection was filed against that report. But the report of Advocate Commissioner was not finally accepted; that the Advocate Commissioner mentioned the area of the disputed Khatian as 709 sahasra aungsha when the plaintiffs do not admit this area as genuine and t..Category: Property Law | Date: | Hits: 23
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....t as per provisions of Section 30 of the Customs Act, the Assessing Officer was required to fix the valuation as per provision of Section 25(1) of the Customs Act since invoice value has been disputed by the Customs Authority. 4. In the instant case, it appears that the petitio..Category: Fiscal/Taxation Law | Date: | Hits: 70
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
.... letter of allotment dated 30.10.1994 acting in terms thereof, the Government executed a registered leave deed dated 05.11.1994 inasmuch the complicated title in the property in question as well as disputed question of fact which could not be decided in the writ jurisdiction which needed a propert..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....the malafide acquisition stands disproved. On the other hand, in the face of denial of this allegation by the writ respondent No.5 the writ petitions under reference could be said to have involved disputed question of fact making the writ petitions not maintainable. 14. It is alread..Category: Property Law | Date: | Hits: 42
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....ppeal No.10 of 2000 affirming those dated 18.11.1999 of the learned Subordinate Judge, 3rd Court, Sylhet in Title Suit No. 195 of 1994. 2. The case of the plaintiff is that the owner of the disputed plot Nos. 1642 and 1643 along with one Haji Abdur Raquib and they became the owner of the ..Category: Property Law | Date: | Hits: 29
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
.... appeal is directed against the judgment and order dated 23.08.2005 passed by the High Court Division in Writ Petition No. 4503 of 2003 discharging the Rule. 2. Short facts are that the disputed land, Plot No. 39, Block-A of Firoz Shah Housing Estate Chittagong was allotted to Abu Mo..Category: Property Law | Date: | Hits: 21
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....e Building Finance Corporation and at that time also at the influence of the respondent No.1, and because of bondage of love and affection for the respondent No.1, the appellant purchased the disputed property in Gulshan in benami of his wife, the respondent No.1 by deed of sale dated 16-1-..Category: Procedural Law | Date: | Hits: 173
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....entioned the land of patta dated February 18, 1922 was described by boundaries and the explanation as to that was that at the relevant time the land was not divided into plots and this fact is not disputed by the parties to the suit. 25. It was the contention of the learned Advocate-on-Re..Category: Property Law | Date: | Hits: 32
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....eld that the Government has ample power to transfer the line from P.D.B to the Board and the question as to whether or not lines have been transferred for municipal areas to other places being the disputed question of facts cannot be decided in writ jurisdiction and that in the case of Faizuddin..Category: Civil Law | Date: | Hits: 119
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....o. 4) and they amicable made partition among them. Defendant Nos.1-3 got half of the land from C.S. plot No. 1609. Asimuddin and defendant No.3 sold out 0.06 acre and 0.00 acre from plot Nb.1609 of disputed jote to the defendant Nos.16-18 on 10.12.1983 and 22.06.1982 by registered sale deed and ..Category: Property Law | Date: | Hits: 28
Dhaka Mercantile Co-operative Bank Ltd. Vs. Bangladesh Bank, Dhaka & others, 2006, 35 CLC (AD)
....d Counsel for the petitioner and Mr. A.J. Mohammad Ali, the learned Counsel for respondent Nos.1 and perused the judgment of the High Court Division and other connected papers. 5. It is not disputed that the petitioner, the Dhaka Mercantile Co-operative Bank Ltd. is not a commercial bank ..Category: Banking Law | Date: | Hits: 292
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....ng this application have denied. 4. The High Court Division upon hearing the parties observed that whether they are engaged in immoral activities or not is purely a question of fact and this disputed question of fact cannot be decided under Article 102 of the Constitution. The petitioners ..Category: Criminal Law | Date: | Hits: 41
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
.... he filed petition for obtaining the certified copy of the decree of the trial Court but the office had told him that no decree was drawn in Family Suit No.8 of 1995. The statement so made was not disputed by the Respondent. 12. The learned Advocate-on-record, who appeared in the appeal wi..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....nt's writ petition is maintainable in as much as those Notifications have been made under a statute having the force of law and the Administrative Tribunal does not have jurisdiction in respect of disputed matter herein. 10. Mr. Islam has next argued that the appellant used to perform sim..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
.... Court Division was not inclined to rely upon the same. The writ of delivery of possession was not at all produced by the plaintiff and no explanation was offered for such nonproduction. It is not disputed that the suit land was rayoti land of the recorded tenant Formani Bibi. There is no eviden..Category: Property Law | Date: | Hits: 32
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
.... provision of Section 18 of the Premises of Rent Control Act and in that view of the matter the impugned judgment and order is liable to be set aside. 5. It appears from the record that its is not disputed that Md. Yakub Ali was the original owner of the suit premises and during his life time h..Category: Tenancy Law | Date: | Hits: 151
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....ticed earlier. 6. We have heard Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the plaintiff was not a party to the decree passed in Title Suit No.167 of 1990. The H..Category: Tenancy Law | Date: | Hits: 139
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
.... discharged. 5. We have heard Dr. Rafiqur Rahman, the learned Counsel for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the suit land belonged to Osman Gani who transferred the same in favour of his wife ..Category: Property Law | Date: | Hits: 26
Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)
.... the petitioners factory has been disconnected. 5. The High Court Division disposed of the application upon observing "It appears that this application of the petitioner involved disputed facts which should be resolved between the parties themselves. So we direct both the parti..Category: Others | Date: | Hits: 92
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
.... for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the pre-emptor is a co-sharer in the disputed holding and the pre-emptee is a strang..Category: Property Law | Date: | Hits: 26