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Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....at the said revision case be heard along with Criminal Revision No. 180 of 1986 (out of which the present appeal has arisen). That Revision case No.259 of 1986 is still pending. These facts are not disputed. 4. Rule 7 in Chapter II of Part I of the Rules of the High Court Division provides as f..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....in question, the High Court Division by its order dated 7.12.88 directed the Ministry of Home Affairs, respondent No. 3, to file an affidavit staling whether the Police was in possession of the disputed premises as contended by the respondent Nos. 1 and 2 in their affidavit-in-opposition. It..Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
.....................Respondents Result: The appeal is allowed. The Union Parishad (Election) Rules, 1983 Rule 70 The High Court Division ought not to have interfered in the matter of highly disputed question of facts. The election commission acted within its jurisdiction under rule 70 of t..Category: Election Law | Date: | Hits: 111
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....Deputy Commissioner he has occupied the premises. In spite of the request of the Nazir the Additional Deputy Commissioner, defendant No. 1, refused to vacate the premises. 9. The facts are not disputed. They reveal nothing but the officiousness of the Additional Deputy Commissioner. It is unf..Category: Property Law | Date: | Hits: 30
Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
....ommission, and, thereafter, the direction for re-election was passed by the Election Commission. It is further contended by the appellant that as there were contradictory reports with regard to the disputed poll the High Court Division ought not to have interfered in the matter. 4. We find subs..Category: Election Law | Date: | Hits: 114
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
.... criminal proceeding is liable to be quashed if the facts alleged in the FIR or in the complaint petition, even if admitted do not constitute any offence or the proceeding is barred by any law. Where disputed facts are involved evidence will be necessary to determine the issue………(4) Lawyer..Category: Criminal Law | Date: | Hits: 39
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....t of land of Schedule 'A' to the plaint and to allot a saham of 1062-1/2 acre to the plaintiff only out of the said demarcated area of .2125 acre and dismiss the suit with regard to the rest of the disputed Plot No. 1162." 6. It may be stated at the outset that the objection as above was not ..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....stranger-purchaser of a portion of the suit homestead from some co-sharers of the plaintiffs. Their case, in brief, is that the two brothers Hadu Shah and Nadu Shah took lease of southern half of the disputed homestead from the landlords. Subsequently Nadu Shah atone took lease of the northern half...Category: Property Law | Date: | Hits: 45
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....hts of the parties would not be prejudiced by this decision". 3. Dr. Kamal Hossain, the learned counsel appearing for the appellant, contended that the learned Judges were aware of the fact that disputed question of facts were involved in the matter and therefore should have dismissed the writ ..Category: Election Law | Date: | Hits: 115
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....y water and flanked by standing paddy crops on both sides. He was assaulted at this Bhanga from where his dead body was removed to the house of his father-in-law at about 8 P.M. These facts are not disputed. 4. The prosecution case has been given in detail by the Informant (P.W.1, Nur Ahmed),..Category: Criminal Law | Date: | Hits: 52
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....iled other Suit No. 24 of 1984 in the Court of Assistant Judge, Boalkhali Upazila, for declaration of their title to and recovery of khash possession of the suit land. The plaintiffs alleged that the disputed land originally belonged to one Jamini Kanta Sen who bequeathed the same to Sabitri Bala De..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....consider whether in view of the alternative remedy of going to the Election Tribunal the writ petition was maintainable and whether the High Court Division, in view of the background history of the disputed loan in question acted properly in deciding a disputed question of fact under the writ juri..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....took the ballam from his wife Sahera Khatun and dealt a ballam blow on the chest of Afzal Hossain who died on the spot. 3. The defence case is that Mir Ali Khandakar, a co-sharer in respect of the disputed Plot No. 6, instituted a partition suit on 4.8.1967 against the father of Afzal Hossain..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
.... is included in the Khatian constituting the holding transferred. The learned Munsifs view on this point is quoted below: "But the C.Ps. contend that their father Nurul Islam is the owner of the disputed plot No. 2085 by inheritance. But co-ownership of a disputed plot without being a co-sharer..Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....ion in the manner provided by the contract or the rules is prima facie and per se, not a punishment and does not attract the provisions of Art. 311.” The principle enunciated therein is not disputed but the facts of the present case are different. In the present case the respondent was app..Category: Employment/Service Law | Date: | Hits: 66
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....o-sharer by purchase in respect of the holding recorded in C.S. Khatian No.39 corresponding to S.A. Khatian No.34 of mouza Debnagar and that on 3.12.66 respondent No.5 Khan Brothers sold away the disputed land measuring about .90½ acre appertaining to the said holding to a stranger, namely, res..Category: Property Law | Date: | Hits: 33
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....d authority. 48. Now the question to be considered is whether the principle as laid down in the said decisions is applicable to an order made under a law of preventive detention. It can hardly be disputed that there is nothing in this principle as laid down in those decisions which keeps such an..Category: Constitutional Law | Date: | Hits: 408
Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
....l for the petitioners and Mr. Farooq Ahmed, the learned Counsel for the respondent and perused the judgment of the Administrative Appellate Tribunal and other connected papers. 6. It is not disputed that the respondent was first appointed on 31.12.1976 as the District Population Officer u..Category: Administrative Law | Date: | Hits: 111
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....ned Counsel for the petitioner and Mr. S.M. Zillul Huq, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the plaintiff was appointed as Managing Director of the Defendant Company for a perio..Category: Employment/Service Law | Date: | Hits: 82
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....on erred in holding that the suit of the appellants was barred by principle of res-judicata in view of the ex parte decree in Title Suit No.860 of 1981, that in view of the facts that the disputed land is a reserved forest as per notification dated 15.12.1953 and 13.4.1955 and as such ..Category: Property Law | Date: | Hits: 38