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Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....ellant is directed against the judgment and order dated 22-6-93 passed by the High Court Division making the Rule absolute in Writ Petition No. 1477 of 1988, thereby declaring the enlistment of the disputed building in the ‘ka’ list of abandoned building vide notification in the Offic..Category: Property Law | Date: | Hits: 89
Safaruddin and others Vs. Fazlul Huq and others , 1997, 26 CLC (AD)
.... holding originally belonged to Shakir Mahmud and Zakir Mahmud. The plaintiffs who are respondent Nos. 1-5 filed the suit for declaration of title and partition. They claim 2.971/2 acres out of the disputed land by way of inheritance. 3. The contesting defendants, on the other hand, claim..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....f the damage and compensation. 8. It was the plaintiff herself alone supported by no other witness or evidence, who tried to make put her claim. In her testimony she has stated that in the disputed property there are 65 rooms, that her own house and her father’s house are situated ..Category: Property Law | Date: | Hits: 72
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....re illegally kept/stored or preserved by the respondent. A seizure list was prepared at the mid-night of 2-11-96 and the respondent was forced under threat, coercion and intimidation to sign the said disputed seizure list but she protested the preparation of the false seizure list. She cannot read o..Category: Criminal Law | Date: | Hits: 115
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....onsideration of the evidence on record dismissed the suit holding that the suit was bad for want of cause of action, as the plaintiffs did not make any allegation in the plaint that the defendants disputed their title to the suit land, The learned Judge of the High Court Division has lawfully up..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....t denied the claim of the plaintiffs in a written statement. His plea was as follows. The defendant and one Ashrafuz Sultan had agreed to purchase the eastern and the western half respectively of the disputed holding at a consideration of Taka 40,000.00. They paid Taka 5000.00, each paying Taka 2500..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....ce as to tender of the consideration on 28 Magh 1365 BS has litttle ground. The well settled principle of law that in the case of a contract for reconveyance time is the essence of contract is not disputed before us in view of the decisions in Abdul Rahim Sardar vs. Idris Ali Bepari, 11 DLR 169 ..Category: Property Law | Date: | Hits: 60
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....Rafique-ul Huq. All indications therein lead to the conclusion that the word “mamla” in section 5(1) refers to ‘Suit’ and not to all kinds of legal proceedings. It cannot be disputed; Mr. Huq does not, that before the promulgation. of the Act a financial institution such a..Category: Business or Commercial Law | Date: | Hits: 117
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....money though an important criteria in a benami transaction but in the absence of an unambiguous ownership consideration of other relevant circumstances become important in a case where ownership is disputed. The disputed question of benami cannot be determined only on the consideration of source..Category: Procedural Law | Date: | Hits: 140
Mohsin Mia Vs. Bangladesh, 1997, 26 CLC (AD)
.... opening of the bids on 24-10-96 respondent No. 5, Sylhet Pulp and Paper Mills, at the instigation of the failed tenders wrote to respondent No. 4, Divisional Forest Officer, requesting sale of the disputed Bash Mohal to them at Taka 2,85, 19,750.00 i.e. Taka 2 1,80,027.50 more that the highest ..Category: Constitutional Law | Date: | Hits: 149
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....case of adverse possession at the last moment during the argument without laying any foundation in the plaint. But in the instant case the averments that the plaintiff has been in possession of the disputed land in assertion of his ownership by purchase openly, peaceably, continuously and advers..Category: Property Law | Date: | Hits: 72
Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)
....umbered since 10-1-72 after the expiry of 7 years as being the absolute owner in possession by virtue of his purchase by registered Kabala dated 11-1-1965. 3. In order to recover the disputed land und the agreement which expired on 10-1-1972 long before the promulgation of Presiden..Category: Property Law | Date: | Hits: 88
Mofizul Huq Vs. Mofizur Rahman and others, 1997, 26 CLC (AD)
.... the medical allowance for the said teachers and employees were raised from 70% to 80% and from Taka 100.00 to Taka 150.00 per month respectively. 15. Mr. Karim has argued that it is not disputed that the Sammilani Girls’ High School has been accorded recognition under the afores..Category: Others | Date: | Hits: 85
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
.... court within, the meaning of section 349A of the Code Criminal Procedure. In support of his submission he referred to the relevant provisions of the Martial Regulations. 13. It is not disputed that the Chief Martial Law Administrator or an officer authorised by hill was competent t..Category: Criminal Law | Date: | Hits: 120
Bangladesh Vs. Abdul Latif Chokder , 1997, 26 CLC (AD)
....tion on the ground of the conviction of the respondent by a court of law and the same could not be considered as a final decision of his service appeal made on 8- 12-78. 9. It is not disputed before us that the respondent was removed from his service on 25-9-78 and the petition was..Category: Administrative Law | Date: | Hits: 106
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....nservation of environment, irrespective of the locality where it is threatened, I am of the view that a national organisation like the appellant, which claims to have studied and made research on the disputed project, can and should be attributed threshold standing as having sufficient interest in t..Category: Constitutional Law | Date: | Hits: 450
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....dgment due requiring the Certificate debtor to deposit with the Certificate Officer the amount of his debt within 30 days of the service of such notice. After receipt of the notice respondent No.1 disputed the claim and asserted that the amount is not correct and the amount is not due to the Ban..Category: Business or Commercial Law | Date: | Hits: 150
Category: Business or Commercial Law | Date: | Hits: 163
Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)
....aintiffs for temporary injunction against defendant Nos. 1 and 2 the Subordinate Judge made an interim order on 16 June, 1996 directing the parties to maintain status quo respect of possession of the disputed CS Plot 71 measuring 0.41 acre of land. The plaintiffs subsequently made another applicatio..Category: Property Law | Date: | Hits: 101
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
....redited in favour of the BPC under a Government decision before it became an income in the hands of the appellant, the principle of diversion of income by over-riding title is fully attracted. The disputed amount never reached the appellant as its income.……………&..Category: Fiscal/Taxation Law | Date: | Hits: 97