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Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....ed, recognized, asserted or denied which is consistent with its existence or to show particular instance in which the right or custom was claimed recognized or exercised, or in which its exercise was disputed, asserted, or departed from; but the findings and the reasonings contained in that judgment...... and documents on record as an appellate Court failed to take notice of Exhibit-(M-2), the judgment and decree passed in the appeal being First Appeal No.40 of 1958 and therefore, erred in law in not holding that the suit filed by the plaintiffs was barred by constructive res judicata. He further su..Category: Property Law | Date: | Hits: 116
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....f Dhakeswari Deity. So in that case there was no dispute that being born on 4.10.28 he has been continuously living in this country. So the question of his being continuing permanent resident was not disputed in that case; that is why their Lordships determined his citizenship only on the point as t......o had no nationality. It was held that he cannot be asked to leave the country. On appeal by the Government, their Lordships of the Appellate Division held that High Court Division was not correct in holding that Abdul Hoque was a Stateless person. Their Lordships noticed the factual position of the..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ......o perform an act which he is directed to do but when he does an act which he is prohibited from doing. There is as much disobedience in one case as in the other………” Thus there is no doubt for holding that the provision of sub‑rule (1) of rule 32 of Order XXI apply to prohibitory injunction..Category: Civil Law | Date: | Hits: 100
Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ciety needs the acquired land. The need to state the precise public purpose the body of the notice under Section 3 is imperative, because under Section 4 of the Ordinance any person interested in the disputed property has the right to Object to the acquisition of the property challenging the public ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....sale deed No.1997 dated 11-2-2009 (Annexure-A) executed by respondent No.5 (writ respondent No.5)". 2. Writ-Petitioners averred in the writ petition that pursuant to an agreement for sale of the disputed property, they got a decree for Specific Performance of Contract in Other Class Suit No.40 ......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ..Category: Property Law | Date: | Hits: 68
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... GD Entry, P.W.11 SI Khondker Zahidul Islam went to Dayur Tank at 11‑15 AM, recovered the beheaded dead body from the said tank, made inquest over the dead body and sent the same to Narayanganj for holding post‑mortem examination thorough P.W.5 Constable No.323 Siddiqur Rahman and Constable No.9..Category: Criminal Law | Date: | Hits: 91
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......dge, 7th Court, Dhaka for disposal, who by the impugned judgment and decree dated 24-8-2009 (decree signed on 30-8-2009) dismissed the appeal in disagreeing with the sole finding of the trial Court holding that (1) defendant No.3, Fazle Elahi executed the baina patra on behalf of his minor daughte..Category: Property Law | Date: | Hits: 74
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
....ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......lay of 7(seven) months, 14(fourteen) days. The Administrative Appellate Tribunal upon hearing the parties by the impugned order dated 8th November, 2009 dismissed the appeal on a ground of limitation holding that the petitioners failed to explain the delay by assigning proper reasons. 3. Sub-sect..Category: Administrative Law | Date: | Hits: 206
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......igh Court Division acted beyond the jurisdiction in making the rule absolute directing the respondent No.1 to make a new Warrant of Precedence placing the District Judges, members of judicial service holding equivalent judicial posts of District Judges, Additional District Judges, Chief Judicial Mag..Category: Constitutional Law | Date: | Hits: 441
....roperly in pursuance of the lawful agreement and the lawful possession firstly as a lawful tenant and lastly by virtue of agreement for transfer.
22. The trial court came to a finding that the disputed property was entrusted to the then East Pakistan Small Industries Corporation for manageme......ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......e there was no reason to execute the sale deed after 8 years 7 months of the date of execution of the agreement on 27th March. 1984. 13. The High Court Division, in the premises, erred in law in holding that section 47 of the Registration Act is not applicable since the deeds were not at par. S..Category: Procedural Law | Date: | Hits: 76
.... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
......f Government as enemy property in V.P. Case No. 2/81-82 and by paying lease money lessees of the Government possessing the suit land.
12. Learned Judge by the impugned judgment dismissed the suit holding that the suit property as enemy property.
13. Mr. Delwar Hossain, learned Advocate, for t..
Category: Property Law | Date: | Hits: 66
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....h Ispahani Vs. Free School Street reported in 3 BLC (AD) 1998, 212: “A winding up petition is not a legitimate means of seeking to enforce payment of a liability the nature of which is bonafide disputed by the company. The learned Company Judge was, therefore, justified in dismissing the petit......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..Category: Company Law | Date: | Hits: 203
....f the suit property and then declared the property not to be an abandoned property and ordered the possession to be restored to the petitioner who was plaintiff in the suit. The Government having not disputed the petitioner's identify in the Civil Suit and admittedly the same person with Bangladesh ......ade without lawful authority and to be 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: 45 DLR (HCD) (1993) 416.
..
Category: Property Law | Date: | Hits: 86
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
.... Party, he being the President and this is the very money which is claimed by the said party by filing the money suit before a competent court of jurisdiction and the title of the said property being disputed and claimed in a suit the said suit ought to have been heard for ends of justice and that M......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......order of the learned Sessions Judge the accused‑petitioners moved this Court and obtained the present Rule. 7. Zakir Ahmed, the learned Advocate appearing for the petitioners, submits that after holding further inquiry on examination of 6 witnesses no prima facie case could be established again..Category: Criminal Law | Date: | Hits: 89
Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......nd thereby committed an offence punishable under section 108 (2) of the Companies Act and filed the above petition of complaint. 3. The learned magistrate after examining the complainant on SA and holding a judicial inquiry, took cognizance of an offence punishable under section 108(2) of the Com..Category: Criminal Law | Date: | Hits: 89
Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)
....istered deed dated 21.8.78 to opposite party No.1 who is a stranger purchaser. No notice of the transfer was served on the petitioner Alesuddin Mondal who is a co‑sharer of the holding to which the disputed land appertains. 4. Opposite party No.1 Faizuddin Dewan contested the case by filing wri......he case land by a registered deed dated 21.8.78 to opposite party No.1 who is a stranger purchaser. No notice of the transfer was served on the petitioner Alesuddin Mondal who is a co‑sharer of the holding to which the disputed land appertains. 4. Opposite party No.1 Faizuddin Dewan contested t..Category: Property Law | Date: | Hits: 81
....rdinate Judge, Munshiganj on 27.8.82 in Title Suit No.71 of 1981.
2. The Suit before the learned trial Court was for specific performance of contract.
3. The case of the plaintiffs was that the disputed land belonged to defendant Nos.1 and 2 and they contracted to sell the disputed land to the......eds. order to dispute or nullify the Bainanama which admittedly bears their signatures. The learned District judge was not, therefore justified inreserving the decision of the learned trial Court and holding that the Bainanama was not executed by the defendant Nos.1 and 2 in the face of the fact tha..
Category: Procedural Law | Date: | Hits: 59
.... of the records from this Court. Send the LC records at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 94....... land by purchase and at times they stated that they got the land through inheritance, the trial Court placed more reliance on the documentary and oral evidence of the plaintiffs and decreed the suit holding that the plaintiffs have got prima facie right, title and possession in the suit land and th..
Category: Property Law | Date: | Hits: 72
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