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....h the impugned judgment and order passed by the High Court Division is liable to be set aside”.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......€ť.
Preparation of paper book, as prayed for, is dispensed with.
This Case is also Reported in:......she failed to exercise any act of possession in the suit land. The Government also pleaded that the suit was barred by res judicata.
5. The plaintiff’s following documents were admitted into evidence: Sale Certificate showing sale out of the suit land vide Certificate Sale dated 27.02.1964 ..
Category: Property Law | Date: | Hits: 181
....et aside. The suit is dismissed without any order as to costs.
The office is directed to send down the lower Court's record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......record at once.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 479.......and othÂers against the defendants seeking for a declaration that he was entitled to allotment of suit plots and that suit was dismissed upto the 1st Appellate Court.
6. Upon consideration of the evidence on record the learned Joint District Judge decreed the suit by the impugned judgment and de..
Category: Property Law | Date: | Hits: 118
Ganendra Nath Mondal Vs. Kalipada Mondal and another, 2011, 40 CLC (HCD)
....ght of the observations made in this judgment. Send down the lower Court record at once with a copy of this judgment for compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 449....... of 1998. Judgment Nozrul Islam Chowdhury J.- The Opposite Party Nos. 1 and 2 as pre-emptor brought Miscellaneous Case No.59 of 1993 before the Senior Assistant Judge, Shyam Nagar, Satkhira seeking pre-emption of the case land under section 96 of the State Acquisition and Tenancy Act claimÂin...... has taken us through the entire materials on record including the two judgments and then submits that the learned District Judge as appellate Court and last Court of fact did not at all consider the evidence and materiÂals on record thereby misdirected himself in passing the impugned judgment reve..Category: Property Law | Date: | Hits: 79
Badiul Alam Vs. Md. Nurul Islam, 2002, 31 CLC (HCD)
....aneous Appeal No.386 of 1975 are set aside and that of the learned trial Court are allowed in the light of the observation made above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517....... above. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 517....... prior to the auction sale is not hit by the doctrine of lis pendens. 14. On the question of attachment of the case holding under Order XXI, rule 54 of the Code the pre-emptee has not produced any evidence to show as to when and how the case holding was attached and whether any notice was served ..Category: Property Law | Date: | Hits: 132
....l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......ernment.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......fter, the Superintending Engineer Roads and Highways Department through his letter dated 8‑11‑2000 wrote to the petitioner company asking them to furnish information and acceptable documentary evidence regarding their financial capacity, as per clause 33 of the Additional Conditions of the t..
Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......e returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......petitioners is aggrieved person under section 38(1) of the Act. Secondly (2), he raised objection to the effect that since there are disputed questions of facts which require to be resolved on taking evidence, such a matter having such disputed questions of facts cannot be disposed of in such a summ..Category: Company Law | Date: | Hits: 225
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......ppellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......ntained. Lord Granworth, however, maintained the participation in profits is in general a suffiÂciently accurate test and that the right of participation in profits affords cogent, often conclusive, evidence of a partnership". In Mollwo. March & Company Vs. The Court of Wards (1872) L.R.4. PC. ..Category: Criminal Law | Date: | Hits: 362
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21....... This Case is also Reported in: 39 DLR (HCD) (1987) 21.......te. The order of the learned Subordinate Judge is set aside and he is directed to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21...Category: Procedural Law | Date: | Hits: 106
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....nd any merit in this appeal. Hence the appeal is dismissed and the conÂnected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......rged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......that the respondent paid and the appellants received Taka 37,50,000 as such the appellants were directed to repay/return the same amount to the respondent of course with 6% interest thereon. Thus, no evidence/paper having been filed by the appellants to show that the award passed is tainted with ill..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman ChowÂdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......44 DLR (HCD) (1992) 535.......an authorised translation in English, both of which shall be certified as such by the Speaker of the Constituent Assembly. (3) A text certified in accordance with clause (2) shall be conclusive evidence of the provisions of this Constitution: Provided that in the event of conflict betwee..Category: Criminal Law | Date: | Hits: 131
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597....... Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......ng 1.28 acre from Azibar’s sisters defendant Nos.8 and 9 for Rs. 2500.00 in February, 1967 and contesting defendants am in possession thereof on the basis of purchase. 5. Both the parties led evidence. documentary and oral, in support of their respective contention and the learned trial Cour..Category: Property Law | Date: | Hits: 122
Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
....pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......6, 1991. Result: The Rule is made absolute. Lawyers Involved: Md. Ozair Farooq with Sadiqur Nahar Papri and Md. Serajul Islam, Advocates ‑ For the Petitioner. Shahabuddin Faiz. Advocate For the Opposite Party No.1. Civil Revision No. 472 of 1990. Judgment ......got no jurisdiction to count the votes. In the Tribunal 6 witnesses on behalf of the petitioner and 7 witnesses on behalf of the opposite party were examined. Considering the facts, circumstances and evidence on record and on counting the votes of the two disputed centres mentioned above the Tribuna..Category: Election Law | Date: | Hits: 240
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
.... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ...... Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ......enal Code. The defence of the accused persons was of innocence and denial of the prosecution case as narrated by the informant. 5. After trial the learned Sessions Judge on consideration of the evidence on record found the absconding accused Sabur guilty of the charge under section 302 of the ..Category: Criminal Law | Date: | Hits: 110
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ...... shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......ted in this case falsely due to enmity. 4. In all 9 witnesses were examined in support of the prosecution case but the defence examined no witness. 5. P.W.1 Jannatul Ferdousi has stated in her evidence that on 5.12.89 at about 5.30 PM accused Abul Kalam Azad entered into the house. He had a y..Category: Criminal Law | Date: | Hits: 125
Liton Vs. State and others, 1995, 24 CLC (HCD)
.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......it but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......n the subordinate Courts where a person is being harassed by an illegal prosecution, or where there is manifest and patent injustice apparent on the face of the proceedings or where the accusation or evidence on record does not justify a charge of any offence, or where trial is an abuse of the proce..Category: Procedural Law | Date: | Hits: 140
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ...... set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......aintain the observation of the Tribunal that the Tribunal had gone through the entire resolution book, Ext. 12 on 2.12.93. 13. Considering the facts and circumstances of the case and the material evidence on record, we are of the view that the finding of forgery is absolutely based on presumptio..Category: Others | Date: | Hits: 139
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......on in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......, it has been stated, was ready with the adjournment cost, but the same was not accepted by the learned AdvoÂcate for the respondent No.2. Thereafter the Court examined respondent No.2 and took into evidence the documents filed by the said resÂpondent and heard the arguments of the learnÂed Advoc..Category: Procedural Law | Date: | Hits: 180
....gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8.......o Reported in: 39 DLR (HCD) (1987) 8.......by the defendants.
9. The learned Advocate for the petiÂtioner attempted to assail the finding of the learned Munsif on possession and disposÂsession and pointed out certain discrepancies in the evidence of P.Ws.3 and 4. It appears that the learned Munsif has considered the evidence of all the ..
Category: Property Law | Date: | Hits: 119
....eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......his powers to initiate appropriate legal proceeÂdings against it and its directors/managers under section 76(2) of the Companies Act. The annual return filed by the company will itself be a piece of evidence against it and its directors/managers. He cannot, however, wiÂthhold acceptance of any fil..
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......al effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132....... of the then First Lady of Bangladesh had no legal sanction. It further states that the petition raises some substantial dispute of facts which cannot be, resolved in writ jurisdiction without taking evidence and the Rule is liable to be discharge. 6. Mr. Asrarul Hossain contends first, that the..Category: Employment/Service Law | Date: | Hits: 361
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