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Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....ed Single Judge of the High Court Division took the view that since there was no boundary wall in between the two plots, the dispute has arisen between the parties. If it is ultimately found that the disputed Schedule 1 (Ka) land belongs to the plaintiff, several legal complications will arise. Henc..Category: Property Law | Date: | Hits: 66
Serajuddowla Vs. Abdul Kader and other, 1993, 22 CLC (AD)
....dvantage the decision of the Indian Supreme Court (supra) and frankly limited that the view taken by the High Court Division being based on overruled decisions cannot be supported. Mr. Arif has not disputed that in the facts of the present case the bar of section 195(1) (b) of the Code is attract..Category: Criminal Law | Date: | Hits: 40
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....a, that the application was barred by res judicata and that it was bad for defect of parties. The trial Court found that the case was bad for defect of party as one Amalendu Dev, a co-sharer in the disputed plot (No. 1061) was not made a party thereto. As the trial Court in the earlier Miscellane..Category: Property Law | Date: | Hits: 85
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....o operation at once in the interest of the national economy, these two statutes were enacted. Respondents say that they were Bangladeshi nationals and were present in Bangladesh; this claim is not disputed by the Government but their contention is that the respondents were not available to opera..Category: Property Law | Date: | Hits: 65
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....erned authority at the relevant Lime. We have heard Dr. Rafiqur Rahman, teamed Counsel for the petitioner. Except pointing out the high percentage of votes cast in favour of only one candidate in the disputed Centre, he failed to make out a case for the Election Commission's interference. The High C..Category: Election Law | Date: | Hits: 117
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....e real and absolute owner of the three‑storied dwelling house and appurtenances thereto described in the 'B' schedule to the aforesaid irrevocable licence. 2. Some facts are not disputed. The appellant married the respondent in 1962. Three children were born of the wedloc..Category: Property Law | Date: | Hits: 80
Giasuddin Bhuiyan (Md) Vs. Chairman, Bangladesh Power Development Board & others, 1993, 22 CLC (AD)
....warding in going into litigation rather than pay the bills for the electricity that he has been consuming, admittedly by taking unauthorised, connection from 21.5.86. In this proceeding question of disputed bills cannot be gone into because the appellant's writ petition in that behalf, No. 1046 ..Category: Criminal Law | Date: | Hits: 71
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....dment of section 20 by Ordinance No. XII of 1960, and the decision in 15 DLR (SC) 139, the appellate court held that the plaintiff is not entitled to get declaration of his title in respect of the disputed plot where the cattle market sits. After finding that it is not possible for the court to ..Category: Property Law | Date: | Hits: 64
State Vs. MM Rafiqul Hyder, 1992, 21 CLC (AD)
.... the baggages of the respondent but the tags were not there then (at the time of trial). He was not present while the baggages of the respondent were being examined. He denied the suggestion that the disputed Echolac bag did not belong to the respondent. He also denied that the statement was obtaine..Category: Criminal Law | Date: | Hits: 132
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....gal Tenancy Act by the Revenue Officer, the original co-sharers of the original Jama do not remain co-sharers and therefore they cannot apply for pre-emption under section 26F. B. T. Act cannot be disputed on the facts and the conclusion arrived at, but the present case is quite distinct and the..Category: Property Law | Date: | Hits: 60
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....gun Hamida and the children but it is difficult to say that there is no evidence. As many a 5 witnesses were examined to prove the allegation of neglect or refusal to maintain them. It is not disputed that Begum Hamida has been living with her 4 c..Category: Family Law | Date: | Hits: 146
Hafez Maulana Md. Noor-uddin Vs. State, 1974, 3 CLC (AD)
.... an election; and that one could participate in an election: or bye-election only upon acceptance of one's nomination paper after due scrutiny, Filing of a nomination paper cannot be disputed to be a step taken with a view to contesting an election. Besides, the legislative in..Category: Criminal Law | Date: | Hits: 63
A.K.M. Fazlul Hoque & others Vs. State, 1974, 3 CLC (AD)
....ladesh, Pakistan authorities declared an unjust and treacherous war AND whereas in the facts and circumstances of such treacherous conduct Banga Bandhu Mujibur Rahman, the undisputed leader of 75 million people of Bangladesh, in the fulfilment of the legitimate right of s..Category: Criminal Law | Date: | Hits: 53
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
....o been prescribed by any other article of the Collaborators Order. This void has been sought to be filled up by clause (1) of article 8 quoted above. 9. It was not, as it could not be disputed before us that the power of the High Court Division to direct release of an accu..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
.... 36. The learned Attorney‑General has drawn our attention to the following observation made in that majority decision: Izhar Ahmed Vs. Union of India AIR 1962 (SC) 1052 (1065): "Now, it is not disputed that according to the laws prevailing in Pakistan a person is not entitled to apply for or ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....t of an application under section 96 of the State Acquisition and Tenancy Act, 1950. 2. The pre‑emptors' case, is that they filed Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala before its registration. Thereafter, he withdrew the case on 27.1.75 and, after ob..Category: Property Law | Date: | Hits: 85
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....at has been provided in the said two sections of the Adalat Act, the High Court Division rightly held that the counter‑claim was not maintainable. 9. During the hearing of the appeal it was not disputed by either side that the Adalat Act is a special legislation providing for special measures ..Category: Banking Law | Date: | Hits: 168
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
.... suit promises, instituted Title Suit No. 199 of 1966 in the Court of Munsif, Sunamganj against the Custodian of Enemy Property and others on the allegations that they have taken settlement of the disputed premises from Shakti Benode on behalf of three brothers and their mother Snehalata, and go..Category: Civil Law | Date: | Hits: 134
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....ons and if a Court Sitting in writ has to go through this balance sheet to come to a decision on the applicability of the proper regulations, then it converts itself into a Court for determination of disputed questions of fact. The writ petitioner challenged the impugned Memo, in a title suit but ha..Category: Property Law | Date: | Hits: 86
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and contended that the suit is not maintainable in the present form; that the suit is barred under section 42 of the Specific Relief Act and the plaintiffs have no subsisting interest in the disputed property and that the plaintiffs were properly represented in the execution proceeding in ..Category: Property Law | Date: | Hits: 130