Search Options
Judgment Advanced Search
Displaying 1421-1440 of 3456 results.
....
4. Leave was granted to consider whether upon a true construction of the arbitration clause of the termination agreement, the learned Judges were correct in construing the terms of the contract and holding that, the subject matter of the suit and the termination agreement were different and there ......the observation of the learned Judges has not affected their conclusion arrived at by them.
6. We now turn to the real question under enquiry: Whether the claim made in the plaint, the dispute is covered by the arbitration clause of the termination agreement. The facts have been set out above and..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....o kabala was executed and registered. The defendant is in possession of the land including the huts. Defendant reconstructed one of the two thatched hut by placing C.I. Sheets and paid rent for the holding up to 1366 B.S. and got rent receipts. He sent the revenue for the period of 1367-1370 B.S...... sale is fraudulent and collusive. 7. The learned Subordinate Judge, on consideration of the evidence and the materials on record, declared the plaintiffs title and allowed the prayer for recovery of khash possession. Being aggrieved, the contesting delfts. Preferred T.A. No.24 of 1972. The..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219........ 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219...Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....eas the Respondent No.3 secured only 2 votes. Thereafter the Respondent No.3 in collusion with the Presiding Officers of the aforesaid two polling stations managed to have issued Annexure 'C' for holding fresh poll on 10.4.88 of members only at Mohanpur Primary School polling station and both fo......ion did not submit such result to the Returning Officer. His further case is that in the orderly fresh poll held on 10.4.88, in pursuance of Annexure 'C, he polled 1291 votes out of 1346 voles. Moreover the petitioner himself also participated in the fresh poll held on 10.4.88. But he having bee..Category: Election Law | Date: | Hits: 161
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....ribunal found 94 ballots invalid which were earlier counted in favour of the opposite party No.1. So he discarded those votes and declared the petitioner as the Chairman of Osmangonj Union Parishad holding that the petitioner secured 1303 votes as against 1286 votes secured by the opposite party N......r were also driven away and a large scale rigging was committed in their absence. It was further alleged that there was insufficient light in the room where the counting was held. The room was also over-crowded. The opposite party No.1 in collusion with the Presiding Officer made false counting of..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....pugned order accepted the result given by the Presiding Officer of Ward No.1 and directed fresh Poll in the two other Wards. 4. The plaintiff obtained on contest a temporary injunction against holding of the fresh Poll and an appeal by the defendant against the order is pending before the l...... election petition as the result of the election has not yet been declared in the official Gazette and that the Civil Court has jurisdiction to examine into cases where the provisions of the Local Government (Union Parishads) Ordinance, 1983 (hereinafter referred to as the said Ordinance) have n..Category: Election Law | Date: | Hits: 207
....ed to have been passed without any lawful authority and to be of no legal effect.
2. The petitioner staled that she purchased the land measuring .70 acres with a two-storied residential house at holding No.10/1, Toynbee Circular Road, Dhaka pertaining to C.S. plot No. 33, R.S. plot Nos. 2411, 2......High Court Division
(Dhaka Bench)
(Special Original Jurisdiction)
Present:
Mustafa Kamal J
Nurul Huque Bhuiyan J
Begum Lutfunnessa.........................Petitioner
Vs.
The Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka & others.......
Category: Property Law | Date: | Hits: 171
AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)
.... a case pending in a different Court and on the next day on 3.9.80 the Chief Metropolitan Magistrate heard the lawyer of the complainant but without examining the complainant rejected the complaint holding that there is no allegation that the complainant had been rebuked and on a further finding......failed to take forcible possession due to the resistance of the said care taker and his brother. Failing to take possession Shah Alam and his brother kidnapped the said care taker and handed them over to the Police. A petition of complaint being G.D. Entry No.766 dated 15.2.1978 was lodged bef..Category: Criminal Law | Date: | Hits: 77
Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)
....ed on behalf of the petitioners require consideration and leave is granted on the following points I. Whether the concurrent finding of facts arrived at by both the Courts below with regard to the holding of the salish on 06.06.1968 and handing over possession of the suit-land in favour of the ......petition for leave to appeal in respect of the judgment and order dated 02.07.2009, passed by the High Court Division in Civil Revision No.1553 of 1997, in decreeing the suit for declaration and recovery of Khas possession. 2. The facts leading to the filing of this petition are that the respon..Category: Property Law | Date: | Hits: 49
Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)
....empted dispossession by the defendants which ought to have been considered by the learned Judge of the High Court Division. 2) Whether the learned Judge of the High Court Division was correct in holding that the cause of action of the suit was not proved. Security of Tk.1000/- is to be depos...... appearing on behalf of the petitioners, submits that the prima face title and possession was clearly found by the learned Assistant Judge in favour of the plaintiffs but this was not properly controverted by the Appellate Court, as such, the judgment of the Appellate Court was not a proper judgme..Category: Property Law | Date: | Hits: 51
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....raining the Railway from terminating the contract, an ad interim injunction was granted which was taken on appeal before the High Court Division, East Punjab. The said was set aside by the High Court holding that the agreement is a mere revocable licence and an ad-interim injunction should not have ...... submitted, on the other hand, that this is not a mere question of revocability of the contract which is not to be specifically enforced but it is a question of an arbitrary exercise of power by the Government authority in exercise of the sovereign power of the State in the Ministry of Commerce and ..Category: Civil Law | Date: | Hits: 72
Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
.... after deposit of the considerations along with statutory compensation. Their further case was that they were entitled to pre-emption as cultivators. The transferees were all strangers to the case holding. Opposite party Nos. 1 to 4 jointly opposed the application for preemption by filing a wr......hat the exchange deed was sham and that he did not get possession of the exchanged land. He could not remember who witnessed the exchange document. He further said that the exchange deed was not read over to him nor could he have read the deed. Lastly, he denied that the exchange was fake and/or sha..Category: Property Law | Date: | Hits: 71
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....6.6.1992 in Civil Petition for Special Leave to Appeal No.145 of 1991 to contend that unless the bill of lading is retired from the Bank the owner of the cargo is not entitled to delivery order as by holding the original bills of lading title to the cargo passes to the holder of the original bills o......he application for arrest of the vessel along with the application for injunction filed by the plaintiff are taken up for hearing together inasmuch as the decision of the application for arrest will govern the decision of the application for injunction. 2. Mr. M Hafizullah raised question of main..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
.... Subordinate Judge, 3rd Court, Mymensingh who was pleased to disallow the appeal and affirm the judgment and decree passed by the learned Assistant Judge by his judgment and decree dated 2‑5‑2001 holding that the suit was bad for defect of parties, for non- descriptions of other co-sharer inte......nt Judge, Fulpur, Mymensingh in Title Suit No.121 of 1999 should not be set aside. 2. The case of the petitioner, in short, is that the petitioner instituted a suit for declaration of title and recovery of khas possession in respect of suit land in the Court of the Assistant Judge, Fulpur, Mymens..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....dated 15‑3‑1976 and in lieu thereof got the land belonging to him (petitioner) in plot No. 792 of Khatian No. 121 of the same mouza. Thus the preemptor-petitioner became a co-sharer in the case holding. Further, he was a contiguous land holder to the case land. On 17‑3‑1976 opposite party ......n his possession. Subsequently, Tala Bux Biswas died leaving heirs in opposite party Nos. 2 and 3. It was alleged by the preemptor-petitioner that opposite party No. 4 transferred his 1/3rd interest covering 0.36¼ acre of land to the preemptor-petitioner by a deed of exchange dated 15‑3‑1976 an..Category: Property Law | Date: | Hits: 79
....y the Board or by any committee created under the Ordinance. The application was resisted by the plaintiff-opposite parties. The learned Assistant Judge by the impugned order rejected the application holding that civil Court has jurisdiction to see as to whether show cause notice was issued in accor......hool) and others reported in 46 DLR 485. Mr. Nurul Amin by referring to regulations 7(1) and 7(2) of the Board of Intermediate and Secondary Education Dhaka (Managing Committee of the Recognised Non-Government Secondary Schools) Regulations, 1977, shortly Regulations, submits that the authority of t..
Category: Procedural Law | Date: | Hits: 72
....e court though upheld the finding and decision of the trial court that the defendant No.1 was not adopted son of Purna Chandra, but it set aside the judgment of the trial court and dismissed the suit holding that the suit was barred by limitation and that the defendant No.1 being the domesticated so.......
2. The respondent No.1, as plaintiff, instituted Other Suit No. 35 of 1990 before the Court of Senior Assistant Judge, 3rd Court, Sadar, Chittagong for partition on declaration of title and recovery of possession of the suit land described in the schedule to the plaint.
3. The case of th..
Category: Property Law | Date: | Hits: 49
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....aroj Guha and Kazal Rakshit under section 120B of the Penal Code for hatching criminal conspiracy of killing the deceased on 27.03.2003 at 8.00 p.m. in the room of accused Elahijan in the building of holding No.44 Hazari Lane. But accused Azimuddin Mahmud, Kamrul Hasan Titu, Jahangir and Dipak Datta......h his friend Jashim Uddin Jessy went out of their house at 44 Hazari Lane under Kotwali Police Station of Chittagong City. But he did not return home. The informant contacted Jashim Uddin alias Jessy over telephone and came to know that Sreekanta had got down from his rickshaw in front of Collegiate..Category: Criminal Law | Date: | Hits: 68
Abu Taher and others Vs. Hasina Begum and another, 1997, 26 CLC (HCD)
.... Sessions Judge, Feni in Criminal Revision No.15 of 19 should not be quashed and set aside. The learned Additional Sessions Judge by the said order allowed the revisional application and directed for holding further inquiry in respect of GR Case No.105 of 1992 of the Court of the Magistrate, 2nd Cla......ular case.” “The Court of revision can legitimately examine whether correct principles relating to appraisal of evidence has been followed or not, whether some material piece of evidence has been overlooked or misappreciated which could have a profound bearing on the order of acquittal and thing..Category: Criminal Law | Date: | Hits: 83
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....the application for temporary injunction in part. The learned Subordinate Judge has of course not examined that part of the finding of fact of the Assistant Judge, but absolutely on a question of law holding that the application for injunction is barred under section 44 of the Acquisition and Requis......endant No.2 may not go into the possession of the suit‑land and/or break any door or window of the house of the plaintiffs situated thereon and also may not interfere with their peaceful possession over the same in any way. The plaintiffs case briefly is, that they acquired the suit property by wa..Category: Property Law | Date: | Hits: 47
57955791579057895787578557845781577757765775576557565749574857465743574257345730