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Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....due to delay in taking over the concerns, he would agree to take over the units immediately including possession of property at Paribagh "subject to your assurance that the claim for the above disputed land is settled by the company or by any appropriate authority at an early date". Th..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....he effective Stale administration under the Constitution." But such power cannot override the Constitutional scheme. 104. That the Indian High Courts have their territorial jurisdictions cannot be disputed. Therefore, the writ issued by the Court cannot run beyond the territories. The authority m..Category: Constitutional Law | Date: | Hits: 1934
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....980 and it is further mentioned that the loan for multi-storied house as per scheme had been consequently raised to 7-1/2% (3% below the present bank rate). That the Government has this power was not disputed. Once this position is accepted, the conÂtroversy as to the rate of interest by the borrow..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of BanÂgladesh, 1989, 18 CLC (AD)
....area to which the suit land appertains before the same had re-appeared in 1374 B.S. = 1967. This is not a point on which the plaintiff can hang, on for long. It apÂpears from the paper book that the disputed Khatians Ext. 4 and-4(a) - R.S. and S.A. Khatian No.l of Mouja Aicha - relate to P.S. Mulad..Category: Property Law | Date: | Hits: 42
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....way as to debar him from promotion. 8. As to the first two points the submissions made by the learned counsel for the appellant appear to be rather tentative in nature than of substance. Ii is not disputed that the D.I.T. have its own service rules and no rule therein provides for a qualifying se..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. SamirudÂdin Vs. State, 1987, 16 CLC (AD)
.................. Respondent Judgment November 8, 1987. Result: The appeal is alÂlowed. The Specific Relief Act, 1877 (1 of 1877), section 54 An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-su..Category: Criminal Law | Date: | Hits: 59
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
.... in an Allahabad case in Mangla Prasad Vs. District MagisÂtrate A.I.R. 1971 All 77(FB) where it was observed that the meaning of the word "total number of memÂbers" is quite plain. It can hardly be disputed that the words "total" and "whole" are synonymous. The dicÂtionary meaning of the word "wh..Category: Election Law | Date: | Hits: 128
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....Division without considerÂing the, genuineness of the said document and this has led to a miscarriage of justice. He also submitted that it was absolutely necessary to make an order of remand if the disputed kabala was to be considered as evidence in the case giving the parties an opportuÂnity for..Category: Property Law | Date: | Hits: 33
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....of the suit land is in fact enemy and vested property. The plaintiff-appellant therefore is not entitled to a decree of declaration of title under section 42 of the specific relief act for the entire disputed property. The plaintiff may however seek remedy by way of partition in an appropriate forum..Category: Property Law | Date: | Hits: 75
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....ed in appeal by the Additional District Judge by judgment dated 31 January 1981 with an additional finding that Aidhar Sk. had no daughter named Unar Ma, but 'Unar Ma' the ostensible executant of the disputed kabalas, was a fictitious person invented by defendant No. 1 who could not bring any witnes..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....ecause customary right is not an easement…………………..(10) The plaintiff purchased the land only two years before and thereafter brought the suit for easement right of pathway through the disputed property, but none of the previous owners have been examined to prove uninterrupted enjoyme..Category: Property Law | Date: | Hits: 36
Nazir Ahmed Vs. Bangladesh Election Commission & others, 1988, 17 CLC (AD)
....ding the result of the election controversial, they should not have interfered into such controversial matter in resolving those by mere affidavit on the event of the fact that questions of fact were disputed. The judgement and order of the High Court Division is set-aside and the writ is recalledâ€..Category: Election Law | Date: | Hits: 110
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
....dicially is different from deciding administratively. By taking resort to extraordinary jurisdiction for a writ the High Court Division will be asked to enter into a territory which is beset with the disputed facts and certainly by wellsettled principles it is clear a writ court will not enter into ..Category: Election Law | Date: | Hits: 165
Category: Election Law | Date: | Hits: 212
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....ise between the parties was made on the condition that the defendants would give some lands to the plaintiffs and the plaintiffs in consideration of that will also give the lands of the disputed kabala". The trial court noticed that the plaintiffs have not examine..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....terest. 3. The suit was contested and the plaintiff led evidence to prove that she was the daughter of Gouri Dasi who died intestate; that the properties belonged to Gouri Dasi is not disputed and documentary evidence is in R. S. Khatian had been adduced to show that the property be..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....nd by principle of waiver, estoppels and acquiescence. The case land was purchased by registered kabalas dated 9.3.77 within the knowledge and with the consent of respondent No. 1. The jama of the disputed holding having already been separated in accordance with law, respondent No. 1 ceased to b..Category: Property Law | Date: | Hits: 34
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....ng by the trial Court that after the transfer of the premises to the plainÂtiffs the tenants did not offer any rent to the plaintiffs though they were served with a notice of the transfer. It is not disputed that the appellants, after the transfer, served a notice upon the tenants-respondents throu..Category: Tenancy Law | Date: | Hits: 166
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....ivision; but on careful examination, it is found that the question of exclusive use of the fund for religious and charitable purposes is not a contentious issue in the instant case since it is not disputed by the Revenue that the income from the business of these five launches was wholly ap..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....e filed Title Suit No. 5 of 1976 (Probate) before the District Judge, Noakhali, seeking probate of the will. 3. The suit was contested by Krishna Moni Devi, respondent No. 2 who seriously disputed the will contending that her husband did not execute any will but the disputed&n..Category: Property Law | Date: | Hits: 118