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Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....inion for ends of justice, the High Court Division may obtain such opinion for the purpose of effectually and completely adjudicate upon and settle all questions involved in the suit. It can send the disputed signatures appearing in the deed of agreement with the admitted signatures of the defendant......is remanded to the High Court Division for disposal of the appeal on merit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 67. ..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Category: Fiscal/Taxation Law, Information Technology Law | Date: 13 Feb, 2012 | Hits: 15
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......hen he brought Mutation Case No.5/1973-74 and DP Khatian No.1/234 was opened in his name. Later the plaintiff by filing Miscellaneous Case No.2/1987-88 prayed for inclusion of his name in the printed khatian where the present Mutawalli filed objection and the matter being heard in presence of both s..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Dr. Khalekuzzaman Vs. State and another, 2012, 41 CLC (HCD)
....se offence. In taking this view we lend support from the case of Salma Khatun Vs. The State 38 DLR page 348. In the case of Habibur Rahman Mollah Vs. The State the apex court of our country held that disputed facts can only be decided on evidence at the trial the High Court Division while exercising......in four months from the date of receipt of this order. Communicate a copy of the judgment at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 541; 18 BLC (HCD) (2013) 40. ..Category: Criminal Law | Date: 26 Jan, 2012 | Hits: 11
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....Rahman, Department of Urban and Regional Planning, Bangladesh University of Engineering and Technology (BUET) was appointed by the appellant to act as their arbitrator for resolution of the disputed claim as per provisions of the contract. The appellant requested the respondent to nominate...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ......old another 0.20 acre of land to one Saiful Islam by registered kabala. Jitendra Nath Saha had 0.64 acre of land in the suit, plot and he had been possessing the same. That during SA operation the SA khatian No.321 was prepared in the name of Nawabgonj College and Jitendra Nath Saha, but during RS o..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....of Order No.165 dated 19-3-2008 being related to the same auction sale in between the same parties are taken up together and this judgment would governed both these appeals. 2. The facts are not disputed City Bank Ltd obtained decree against Mobarak Re-rolling Mills Ltd. on 6-11-1993 and prelim......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....heard both the leave petitions, granted leave to consider (i) whether the High Court Division acted illegally in not considering the fact that the petitioner had paid full consideration money for the disputed property before the contract was terminated on 29.07.1996 and also paid an amount of Tk.28,...... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......arraf Hossain Chowdhury the mautwali of Syed Moazzem Hossain Chowdhury used to possess the land of suit plot No.1029 in his khas right and the said land was also recorded in his name in his khas khatian. That the recorded zamindeers Krishno Sundari and others never possessed the land of this su..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....n possession after his purchase. He also denied the suggestion that he did not ever get possession of the suit land. This witness also denied the suggestion that he is in the habit of purchasing disputed lands. 32. P.W.9 Taher Ali deposed to the effect that Akbor Ali has been in possession......ibit 1(Gha), Exhibit 1 (Uma), Exhibit 2, Exhibit 3, Exhibit 5, Exhibit 6, Exhibit 7, Exhibit 8, Exhibit 9(Ka), Exhibit 9 (Kha) and Exhibit 5 (Ka). The aforesaid Exhibit also include the mutation khatian, the application for mutation, order passed in the Mutation Case, rent receipt, information ..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....arge-sheet in this case. 23. These are the evidences that have been adduced by the prosecution in this case. From the evidence on record it appears that the death of deceased Atiar Rahman is not disputed at all. In view of prosecution case deceased Atiar Rahman met the death in the night follow......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....Affidavits-in-Opposition in identical terms denying the material allegations made in the petition stating, inter alia, that the writ petition in its present form is not maintainable as it raises disputed questions of facts hence, the Rule is liable to be discharged; that the respondents did ......ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....l in nature. 19. These are all the evidences that have been given by the prosecution in this case. 20. Death of deceased Tarun Kumar Saha in the house of accused Matiur Rahman @ Mati is not disputed in this case. The prosecution case is that he was assaulted to death. P.W.9 who held post-m......t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....oss-examination that the government would not file any document to show how the government -acquired ownership of the suit property. The Appellate Court purposely did not discuss the fate of the disputed case 10 of 1968 about the suit property in which government lost by the judgment of concern......; Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 470. ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....cord rightly framed charge under Sections 11(L), 30 of the Ain 2000 against the appellants. We have carefully gone through the grounds taken in the petition of appeal, such grounds are absolutely the disputed question of facts and the same should be decided at trial. The pleas of the appellants are ......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....old that in view of sub-rule (5) of Rule 60 of the said Rules, the BTRC has now no option but to implement the decision No.2 of the Review Panel and start fresh procuring process after cancelling the disputed one. In the result, the Rule is made absolute without any order as to cost. Accordingl......countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
....cates of both the sides and gone through the impugned judgment and also the judgments of the lower appellate court and of the trial court. 12. It appears that in this suit for partition the main disputed question is whether four annas share of the lands of C.S. Khatian No.59 was sold in auction...... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
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......nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ..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...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ......ct. 2. The case of petitioner, as plaintiff, in Civil Revision No.4490 of 1995, is that, suit land originally belongs to Abdul Jabbar and Mohammad Ismail, co-sharers and was recorded as such in RS khatian. Ismail sold his interest of the suit land to Abdul Jabbar. Abdul Jabbar was in possession, ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44