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Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....ve been possessing the same amicably but the defendant Nos.2-5 denied the plaintiff-appellant's title; that in certified copy of Khatians the plaintiff-appellant came to know that some of the disputed land have been recorded in the name of the defendant-respondents. 3. The defendant-r..Category: Property Law | Date: | Hits: 30
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....w Hakim Jan Bibi and thus Hakim Jan Bibi inherited 2 annas share in the land left by Omar Ali and thus the plaintiffs are co-sharers in the land of Hakim Jan Bib and the said fact is not denied or disputed by the contesting defendant and in that state of the matter plaintiffs are entitled to the..Category: Property Law | Date: | Hits: 24
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....the learned Counsel for the appellants and Mr. Mahbubey Alam, the learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers. 9. It is not disputed that the suit property originally belonged to Rakhal Das Bose and his wife. The plaintiffs'..Category: Property Law | Date: | Hits: 34
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....nsel and perused the records. 5. As it appears the High Court Division discharged the Rule holding that the plaintiff/ petitioners instituted the suit for a mere declaration that the disputed ewaznama deeds in favour of the defendant respondent No.1 is fraudulent and void whereas th..Category: Property Law | Date: | Hits: 33
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
.... inasmuch as the High Court Division also did not consider the application for mandatory injunction of the appellant petitioner dated 14.08.2005.. 8. It appears from, the record that in the disputed Jalmohal measuring 89.99 acres land Government has 12 annas shares i.e. 66.88 acres and th..Category: Property Law | Date: | Hits: 50
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
....of Ali Akkas vs. Enayet Hossain and others reported in 2 MLR (AD) 166. He further submits that the High Court Division was in error in holding the question as to the identity of the informant is a disputed question of fact, which can not be decided, in the instant proceeding. He further submits..Category: Criminal Law | Date: | Hits: 39
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... is competent to award any legal sentence on consideration of all evidence on record for ends of justice. 10. The facts leading to the decision of conviction of the accused petitioner had not been disputed at all but the point of difference is regarding the sentence of the accused appellants name..Category: Criminal Law | Date: | Hits: 94
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Appellate Tribunal agreed with the aforesaid findings of the Tribunal even though it was pointed out that it escaped the notice of the learned member of the Administrative Tribunal, that it was not disputed by the respondent that he was duly given notice of the second enquiry and that he was in ..Category: Administrative Law | Date: | Hits: 94
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....d as a party defendant mainly on the ground that he is the only surviving heir and successor Sreemati Shanti Sudha Moitra, defendant No. 1 and that he is also in physical and actual possession of the disputed property and as such he is a necessary as well as a proper party; and that without his pres..Category: Tenancy Law | Date: | Hits: 142
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... properly involved was abandoned property within meaning of the Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972) required the determination of disputed questions of facts, it could not be resolved on the affidavits filed by the parties. ..Category: Constitutional Law | Date: | Hits: 307
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....s and conditions of the service which are amenable within the jurisdiction of the Administrative Tribunal ousting the writ jurisdiction of the High Court Division, inasmuch as no disputed question of fact as sought to be raised by the writ petitioner could be resolved by the H..Category: Constitutional Law | Date: | Hits: 133
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....is preferable to the Court’s exercising power under section 73 of the Evidence Act. However, in case of extreme necessity, as in the present case, where both the Courts below neither compared disputed signatures nor sent them to handwriting expert, the High Court Division was competent to ..Category: Civil Law | Date: | Hits: 110
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... himself for the year 1351 B.S. on 5.7.1351 BS Ext.1(1) and for the years 1354 B.S.,1353 B.S. and 1352 B.S. on 8.8.1354 B.S. (Ext.1) showing their continuous possession following title in the disputed land and though in the paper it is mentioned about the incorporation of Exhibits 1-1(1) se..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....ddiqui, the learned Advocate for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It appears that the pre-emptor is a co-sharer in the disputed holding. It is undisputed that the kabala sought to be pre-empted was executed and pr..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....y would have been filed. 7. We have heard Dr. M Zahir, the learned Counsel for the appellant, and perused the judgment of the High Court Division and other connected papers. It is not disputed that the appellant entered Government Service as Technical Inspector of Food on 28-7-..Category: Administrative Law | Date: | Hits: 132
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....7 of 1972 placing the same under the respondent corporation is not immune from challenge. Refilling the appellant's contention that the writ petitioner-appellants' claim of shares in the company is a disputed question of fact which cannot be decided in the writ jurisdiction the High Court Division f..Category: Business or Commercial Law | Date: | Hits: 114
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....erest. The view taken by the High Court Division cannot therefore be supported. 11. The following statement has been filed showing payment made by the judgment debtor-appellants which has not been disputed by Mr. Hossain. The appellants have also filed a photo copy of the receipt showing deposi..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....d Delbaz Vs. Sarada Sundari Debya, 13 DLR 334. The Ijara lease was taken by Ram Prosad in the year 1926, but the land was transferred by his sons in 1977. There is no evidence when he died except the disputed rent-receipts, Ext. 2 series, which were allegedly granted by Ram Prosad in the years nea..Category: Property Law | Date: | Hits: 38
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....ers. 5. The learned Single Judge who heard the appeals has dismissed both the Second Appeals on the view that the Court of the Subordinate Judge had come to a correct finding as to the disputed contract for permanent lease and rightly construed the provision of section 75A of th..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....er and Abul Quashem had land dispute with their uncle PW 17, Abdul Bari Chowdhury. They harboured a grudge against the deceased, because of his support to PW 17 they could not get possession of the disputed land. PW 20, Abdul Hamid, the Officer-in-Charge of Banskhali Police Station, came to the pl..Category: Criminal Law | Date: | Hits: 74