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Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....g before the date of knowledge and that she had instituted the case as soon as the case land had been improved at huge costs. The High Court Division though observed that the point of limitation is a disputed question of fact which can be determined on the basis of the evidence on record but on the ......ion is based on non-application of judicial mind, inasmuch as, the Court of appeal below while deciding the point defect of parties has considered both oral and documentary evidence, particularly the khatians and came to the conclusion that the heirs of Elahi Box are admitted co-sharers. The Court o..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Farzana Akter (Kakoli) Vs. Md. Kabir Hossain and others, 2011, 40 CLC (HCD)
....e of ‘revival’ the question of the Magistrate becoming functus officio may arise, but no such question can arise if a fresh complaint is entertained though on the same allegation. “It is not disputed that after dismissal of a complaint or discharge of an accused, a fresh complaint may be en......learned Judge of the Tribunal is directed to proceed with the trial in the said Nari-o-shishu case in accordance with law. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Women and Children | Date: 6 Jun, 2011 | Hits: 102
Bangladesh Tobacco Company Limited Vs. Ashoke Kumar Das & others, 2011, 40 CLC (HCD)
.... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ...... In the result, this appeal is disposed of. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 53. ..Category: Procedural Law | Date: 2 Jun, 2011 | Hits: 6
Md. Badar Uddin and others Vs. Mst. Rezia Parvin and others, 2011, 40 CLC (HCD)
..... I find no substance in the rule. In the result this rule is discharge. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 12. ......ceived and filed vokalatnama he is duty bound to appear and defend the case of his litigant client. 3. It is the case of the plaintiff that .0114 acres of land of plot No.1409 appertaining to C.S. khatian No.742 corresponding to S.A. khatian No.1203 of Mouza No.137, Bhagaban Nagar within Police S..Category: Civil Law | Date: 15 May, 2011 | Hits: 29
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
.... and bounds by a properly constituted partition suit and whether the High Court Division is justified in restraining the Government and the RAJUK from removing the unauthorized constructions till the disputed property is partitioned by the civil Court. 3. Writ petitioners challenged the purported a......etitioners are neither co-owners nor co-sharers or joint-owners of the disputed plots. They have mutated their names in Mutation Case No.19588 of 2001 on 3rd December, 2001 which is apparent from the khatian. The High Court Division over looked the same and on a misconception of law termed them as c..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......company named Bagda Firm Ltd. represented by its Managing Director, Anil Chakraborty was a tenant therein under the landlord. Subsequently the suit land vested in Government and was published in khas khatian. The Government under a policy of rehabilitation of the refugees migrated from India, allott..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....decree of the appellate court by the impugned judgment and order.8. We have heard Mr. Abdur Razzak, the learned Counsel for the petitioners and gone through the judgments. In this case the quantum of disputed land is 6 decimals of plot No. 2687 of C.S. Khatian No. 440 of mouza Farhad Nagar within P.......tten as 1348 B.S. in place of 1358 B.S., it was a mere bona fide mistake committed by the scribe. The appellate Court, on consideration of oral evidence adduced by both the parties and also different khatians of the disputed land prepared at different times in the name of Bazler Rahman and his heirs..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Chunnu Vs. State, 2011, 40 CLC (HCD)
....e Appellant Chunnu. It appears that it is not a decision on common intention under section 34 of the Penal Code, and accordingly, when the question of common intention of the Appellant Chunnu is disputed, we are of the view that this is of no help for him. On the other hand, we have also consid......icting and sentencing the Appellants. In the result, both the appeals are dismissed. Send down the lower Court record. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 127 ..Category: Procedural Law | Date: 15 Mar, 2011 | Hits: 6
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
.... the Act No. XII of 1974 he was released from service on 25-2-2009 at the age of 57 years and that he went on LPR with full consent. Moreover, the petitioner after release from his service never disputed the said order. As such, challenging the impugned order one and a half year later for claim...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....xed to the writ petition and the affidavit-in-opposition filed by the respective parties. In this summary proceeding, the High Court Division neither decides the complicated question of title nor the disputed question of fact.....................(34) Cases Referred to- Md. Aftab Ali Sheikh Vs.......of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)
....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218...Category: Property Law | Date: 27 Jan, 2011 | Hits: 95
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....with the writ petition to make out a case. Without any such statement and in absence of the said documents, presumption would be that the auction notice has been rightly published. 7. Moreover a disputed question of title between the petitioner and the respondent-bank is involved in this writ p......d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ..Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... petitioner was fully aware of the mortgage suit and she has no interest in the land of respondent No.3 (judgment debtor). In the said affidavit-in-opposition respondent No.4 (auction purchaser) also disputed the right and title of the writ petitioner as well as her co-sharers over the land in quest...... photo copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J. - I agree. This Case is also Reported in: ..Category: Banking Law | Date: 11 Nov, 2010 | Hits: 14
Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....erring to the case of Habibur Rahman Mollah Vs. State and another 62 DLR (AD) 233 Mr. Khan argued that the allegations against the petitioner on the facts and circumstances of the case are absolutely disputed facts which can only be decided on evidence at the trial. 14. Be that as it may we hav......il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
Orascom Telecom Bangladesh Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....adjudicating order passed by the Commissioner of Customs Excise and VAT is appealable and writ petition is not maintainable without exhausting the said remedy of appeal observed: "It is not disputed that the order of the adjudicating officer that is Commissioner of Excise and VAT, Rajshahi......etitioner prefers appeal before the Tribunal, the limitation in preferring the appeal would not operate as a bar in that event. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 319. ..Category: Fiscal/Taxation Law | Date: 7 Oct, 2010 | Hits: 174
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....it land with the money given by his grandmother and that he got possession of the suit land and had been possessing the same. The age of the defendant No.1 was 16/17 years in the year of 1969. The disputed kabalas were in his custody. Plaintiff transferred the suit land to Khidir Gazi and Jamat ......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....omplainant who is entitled to prove his case on evidence. Similarly, it has been held in the case reported in 60 DLR (2008), 677 that, whether the accused received the legal notice or not is merely a disputed question of fact and the same should be decided in trial. It has also been observed in that......anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Commissioner of Customs and others Vs. M/S. Sunlit Fashion Limited, 2010, 39 CLC (AD)
....ndent misused the privilege of bonded warehouse and the respondent having failed to show cause in terms of letter dated 7.8.2001, notice dated 26.8.2001 was issued and in any view of the matter since disputed question of facts are involved, those can not be resolved by affidavits and accordingly the...... order dated 2.11,2002 passed by the High Court Division is set aside. The appeal is allowed without any order as to cost. This Case is also Reported in: 16 MLR (AD) (2011) 54, VIII ADC (2011) 29. ..Category: Fiscal/Taxation Law | Date: 19 May, 2010 | Hits: 63