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National Securities and Consultant Ltd. Vs. Chairman, Securities and Exchange Commission, 2006, 35 CLC (HCD)

....…………………(31) Writ jurisdiction and question of fact Whether anyone has violated any of the terms and conditions of the agreement or any provision of law or not is also a disputed question of fact which cannot be decided in writ jurisdic­tion…………….(30) Ca..

Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6

Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)

....In the present case the land was recorded in the C.S. record as well as S.A. Khatian as “সর্বসাধারনের ব্যবহার্য”. As the public had rights in the disputed land, the settlement made in favour of the plaintiff was not le­gally done, and by the ..

Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4

Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

....f the above evidence and facts and circumstances appearing therefrom we find that the allegation of taking away the victim by the appellant to marry her and to have sexual intercourse with her is not disputed. According to the prosecution, the victim, aged 13 years, was kidnapped by the appellant to..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)

....ubstantially asserts the af­firmative of issue. It is reasonable and just that the suitor, who relies upon the existence of a fact, should be called upon to prove his own case. 33. It is not disputed that Mrs. Inge Flatz acquired the suit property by virtue of the lease deed No.9110 dated ..

Category: Property Law | Date: 15 Dec, 2005 | Hits: 8

Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)

.... nomination papers. 20. Several authorities were cited and relied upon by the learned Advocate in support of their respective cases, which we shall shortly consider. 21. Facts which are not disputed are that the Industries obtained a Project loan as well as CC (pledge) and CC (hypothecatio..

Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7

Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)

....omplainant Musammat Nargis Sultana entered into a marital contract 5 (five) years ago and out of their wedlock they were blessed with a daughter namely, Moue, aged about 2 years. 16. It also not disputed that the complainant Musammat Nargis Sultana filed a complaint case being No.375(C) of 1992..

Category: Family Law | Date: 4 Jul, 2005 | Hits: 2

Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)

....pellant and Mr. Md. Aftab Hossain, the learned Advocate-on-Record for the respon­dent Nos. 1 & 2 and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the suit property belonged to Rajeshwar Saha. The plaintiffs' case is that he transfer..

Category: Property Law | Date: 4 Jul, 2005 | Hits: 127

Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)

....ervance of the essential ceremonies. 8. I have considered the submissions of the learned Advocate for both the parties and perused the impugned judgment and all other evidence on record. It is not disputed that the suit was decreed ex parte and the defendant challenged the ex parte decree by fili..

Category: Family Law | Date: 25 Jun, 2005 | Hits: 237

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

....tural justice. 49. In Muslimuddin and others Vs. State (Supra) Appellate Division dealt with purpose and necessity of cross-examination and laid down: In a criminal trial determination of a disputed fact is the main task before the Court and such determination is dependent upon considerati..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7

Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)

....bandoned property. The Government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned property merely because the same is disputed by the claimants". Similar view has been expressed in the case of Hazerullah and anoth..

Category: Property Law | Date: 15 May, 2005 | Hits: 120

Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)

....ondent who is the only son of their elder brother. The gift was confirmed by a declaration of gift on 15.01.1971. The respondent along with the members of his family was in peaceful possession of the disputed properties at 426 and 427, Ansari Mansion, Enayet Bazar, Batali Road, Chittagong from long ..

Category: Property Law | Date: 9 Apr, 2005 | Hits: 93

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

....tain facts need to be stated. The Deputy Commissioner, Bogra acquired 2.90 acres land of plot No. 3840 and .30 acre land of plot No. 9517 upon initiating LA. Case No. 36 (Shishu Palli) of 1992. The undisputed position is that at the time of acquisition of the aforesaid land appellants names were not..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)

....ondents (In both the cases) Judgment March 15, 2005. The Constitution of Bangladesh, 1972, Article 102  Whether disputed question of fact as to the question of elected candidate to be a bank defaulter can be dec..

Category: Election Law | Date: 15 Mar, 2005 | Hits: 168

Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)

.... and his brother. 19. On the other hand, the defence adduced 3 D.Ws. who stated that the land belonged to the accused persons. Whatever may be the case, it can be found that the schedule land is disputed land and both claim the case land. This matter is to be decided by the civil Court. On peru..

Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

....definite contention of the plaintiffs is that the land in a portion whereof the defendant No. 52 seeks leave of the Court to make construction would certainly exceed his share and this fact is not disputed by the defendant.  In that state of the matter we are of the view that High Court Div..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka Vs. Md. Safiqul Huq and others, 2005, 34 CLC (HCD)

....r was ever leased out to any one else. The established principle of law that the plaintiff is to prove his own case and can not get any relief on the weakness of the defence case is not in any way disputed. The petitioner being Additional Deputy Commissioner, (Revenue) in charge of vested and no..

Category: Property Law | Date: 23 Feb, 2005 | Hits: 5

SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

.... Tejgaon, Dhaka. Since the land was released in favour of Mrs. Rozario, she made a series of applications to the different authorities the vested property authority for release and restoration of the disputed land. Accordingly, the land was released from the list of vested property and ultimately it..

Category: Property Law | Date: 16 Jan, 2005 | Hits: 7

Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)

....king the exhibits and to prepare the exhibits list does not destroy the validity of the Court proceeding. It appears that the plaintiff has discharged the primary onus to prove the genuineness of the disputed agreement. The Court may at any stage of the suit reject any document which it considers ir..

Category: Property Law | Date: 10 Jan, 2005 | Hits: 2

Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)

.... as first party filed a petition on 30‑1­2004 under section 145 of the Code of Criminal Procedure against the opposite parties Nos. 1, 2 and 4‑33 for drawing up a proceeding in respect of the disputed land measuring of 13.72 acres and to restrain members of the 2nd party from disturbing thei..

Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4

Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)

.... written statement similar to the written statement of defendant No. 1 and taking further plea that he was a bonafide purchaser for value without notice of the agreement for sale in respect of the disputed property.  5. The trial Court dismissed the suit on the finding that from the ..

Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147