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Md. Amanullah and others Vs. Md. Sirajul Islam, 2009, 38 CLC (HCD)
....terfered with in revisional jurisdiction unless such finding is perverse occasioning failure of justice. Since there was no finding of exclusive possession of specific and separate share of the disputed land in favour of the plaintiff and the finding of the trial Court and the appellate Court ....... 28. Office is directed to send down the records of this case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 332. ..Category: Civil Law | Date: | Hits: 181
M.A Sobhan Bhuiyan Vs. State, 2011, 40 CLC (HCD)
....ed. Let a copy of this judgment be sent to the Chief Metropolitan Magistrate Court, Dhaka for information and necessary action. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 399. ......te, Dhaka, which was sent to the Paltan Police Station and recorded as G.R. Case No.60 of 2010. 4. The case was investigated by Abdul Jalil Sub-Inspector, Paltan Police Station DMP Dhaka and after holding investigation submitted charge sheet being No.53 dated 07.02.2010 under Sectio..Category: Criminal Law | Date: | Hits: 104
Wazuddin and others Vs. Md. Serajuddin @ Islam and others, 2009, 38 CLC (HCD)
....the court of Munsiff, Gazipur was re-numbered as Title Suit No.620 of 1981, against the petitioners and others as defendants, praying for establishment of title and recovery of Khas possession of the disputed property on the allegations, inter alia, that the suit land along with other lands original......urt to consider the evidence of P.Ws and D.Ws on record, but the learned appellate Court did not consider the deposition of the P.Ws and D.Ws on record and it affirmed the judgment of the trial Court holding that the learned trial Court elaborately discussed all the issues in the suit. 11. I have..Category: Property Law | Date: | Hits: 106
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......int contending, inter alia, that the suit property is urban property and that the Land Reforms Ordinance of 1984 has been promulgated with the object to reform the land relating to land tenures, land holding and transfer with the view to maximizing production and ensuring a better relationship bet..Category: Property Law | Date: | Hits: 134
People's Republic of Bangladesh Vs. Chairman, Court of Settlement and others, 1996, 25 CLC (HCD)
....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ...... the respondent No.1 in case No.750 of 1988 shall not be set aside for having been passed without jurisdiction, without lawful authority. 2. The case of the petitioner, in brief, is that, the case holding was leased out on 28‑1‑1960 to one Sadrul Haque, son of late Abdul Gafur by the then Gov..Category: Property Law | Date: | Hits: 113
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......y the learned trial Court without reversing his finding and referring to the material on which the trial Court based his finding. He further submits that the learned appellate Court erred in law in holding that the transfer in question by Jatri in favour of Subhadra was for legal necessity. Accord..Category: Procedural Law | Date: | Hits: 81
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....ments of Sub-Rules (3) and (5) of Rule 15 of the Durniti Daman Commission Bidhimala, 2007 and in the light of observation made above. Ed. This Case is also Reported in: 16 MLR (HCD) (2011)389. ......started with the lodging of FIR on 17.12.2003 and after investigation police submitted report under section 173 of the Code of Criminal Procedure on 29.10.2004. So in the instant case question of holding investigation by the Durnity Daman Commission or any authorized officer of the commission as..Category: Criminal Law | Date: | Hits: 85
State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)
....e trial court is hereby upheld and affirmed. Let the lower court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 440. ......or poisoning (Reference Mode's Medical Jurisprudence Toxicology at page 571). In this case no such marks or signs were found on the dead body of the deceased Anika Snikder Lucky either at the time of holding inquest or at the time of holding post mortem examination. On perusal of (the Ext. VII ser..Category: Criminal Law | Date: | Hits: 97
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ......om the defendant No.3, Chittagong Port Authority but it was found that the consignment was lying in damaged condition at Jetty Shed No.7, and as such the plaintiff applied to the defendant No.2 for holding joint survey of goods but the defendant No.2 refused to do so by their letter dated 21.5.197..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)
....siness in Bangladesh. However, having had their purpose served, the petitioner has now attempted to terminate the GSA of the company with an ulterior motive. According to Mr. Kamal, when the claim is disputed, an application for winding up is not maintainable and the parties are to settle their disp......t company be wound up". 27. Similarly, in Eastern Bank Ltd Vs. Bengal Carpet Ltd., reported in 17 BLD (1997) 22, the respondent company was ordered to be wound up for its inability to pay its debt holding that it would be "just and equitable" to do so. 28. I have also considered the decision r..Category: Company Law | Date: | Hits: 164
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....ul-Alam appearing on behalf of the defendant argued that originally barge is a navigable device and the temporary nature of its use cannot change its character as a navigable entity and therefore any disputed arises out of the Barge at the period of such use comes under the jurisdiction of this cour......Mr. Tanjib-ul Alam refuted the argument on the ground that temporary user of the Barges as cause way did not change its status as Barges since the plaintiff Barges named Penta 2 and Penta 3 are still holding the up-to-date renewed Government registration certificate as Barge and also on the ground t..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......I, Rule 11 of the Code of Civil Procedure are misconceived and not tenable in law. 4. The learned Joint District Judge upon hearing the said application by order dated 22.02,2010 rejected the same holding that plaint of the suit discloses that in an enquiry the National Board of Revenue found tha..Category: Fiscal/Taxation Law | Date: | Hits: 156
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
.... creation of the petitioner himself in a long gradual process. It is stated that the respondent No.1 is able to pay Taka 4,85,000.00 but is not doing so, as the claim of Taka 4,85,773.00 is seriously disputed by them. 6. For the respondent No.1 contention, the learned Advocate appearing for the r......ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ..Category: Company Law | Date: | Hits: 145
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
.... High Court Division quashed two proceedings invoking Section 561A or the Code of Criminal Procedure on the ground that the civil Court has already seized of the question regulating possession of the disputed land in civil suit between the same parties the Magistrate acted without jurisdiction in in......aid trust. While Accused No.1 was also made trustee No.2 in the said trust deed and other trustees belong to the same family; Sometimes thereafter, in the year 1996 Atika Khanam died and she had been holding the post of Chairman of the trust till her death. Thereafter, Ummay Kulsuin Siddiqua Huda be..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....time in respect of the same matter the accused opposite parties are being harassed on various pretexts and made to suffer prolonged mental agony and financial loss. The reason is not far to seek as undisputedly there is a series of criminal and other litigations between the parties. In the peculiar ......d by the said order dated 27.04.1981 passed by the Metropolitan Magistrate, present petitioner moved the Court of Sessions Judge and the learned Additional Sessions Judge who disposed of the motion holding that the Sub-Divisional Magistrate, Sadar (North) ceased to have jurisdiction in respect o..Category: Criminal Law | Date: | Hits: 93
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
...., expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ......trict Judge, Lakshmipur. 7. The learned District Judge, Lakshmipur upon hearing the parties and on considering the materials on record by his judgment and order dated 4.5.006 rejected the Revision holding that the petitioner being 3rd party ought to have deposited 25% of the decretal amount as pe..Category: Civil Law | Date: | Hits: 176
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....s are (1) Jurisdiction of the District Judge to entertain Miscellaneous Appeal No.36 of 2009 and (2) correctness of the voters list and the legality of the entire election process on the basis of the disputed voters list. These issues are discussed below. 18. Jurisdiction of District Judge etc. ...... Rule the relevant facts are briefly stated below: 3. Petitioner's case. The Gafargaon UCCA is a registered Co-operative Society consisting of primary co-operative societies as its members. For holding election of the Managing Committee of Gaforgaor. UCCA, a three member Election Committee was..Category: Others | Date: | Hits: 140
....m the University of Williamsburg. It is further stated that the Respondent No.5 or his institution has committed no crime with the students and that the allegation against the Respondent No.5 being a disputed question of fact the instant Rule is not maintainable.
6. The petitioner in his Affidav......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner.
Md. Faruque (M. Faruque) J.- I agree.
Ed.
This Case is also Reported in:
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Category: Others | Date: | Hits: 146
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
.... the plaint nor any material placed by the defendant in Court along with the application. On a reading of the aforesaid criteria's in rejecting plaint under order VII Rule 11 CPC it appear to me that disputed questions cannot be decided at the time of considering an application filed for rejection......under Order VII rule 11 of the Code of Civil Procedure and thereafter, the learned Judge took up the matter of application for rejection of the plaint. Learned Judge rejected the plaint of the suit holding that:- “তবে বাদীর আরজি পাঠে স্পষ্ট ভা..Category: Civil Law | Date: | Hits: 200
....der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A).
In the result, this application is summarily rejected.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 4.
......der dated 16-05-2008, refusing tax exemption, to the petitioner (Annexure-A).
In the result, this application is summarily rejected.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 4.
..
Category: Fiscal/Taxation Law | Date: | Hits: 237
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