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RNR GNG Refuelling and Filling Station Limited Vs. General Manager, Comilla Palli Bidyut Samittee-1 and Others, 2016, 45 CLC (HCD)

....nd in the meter was 0.60 which was shown to be 0.229 in the earlier meter. The loads of all CNG Stations are fixed and there cannot be any natural variation therein. For conclusive examination of the disputed meter, it was sent to the Bangladesh Rural Electrification Board (BREB) workshop. The dispu......2014 for resolution of the dispute between the petitioner-company and the respondent No.1 through arbitration. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 165   ..

Category: Administrative Law, Constitutional Law | Date: 1 Feb, 2016 | Hits: 3

Yeamin Nobi (Md.) and others Vs. Moklesur Rahman and others, 2015, 44 CLC (HCD)

....ava originally belonged to Nil Moni Roy Chowdhury and others, who exchanged the same with the two, brothers named Yamin Nobi alias Yeasin Nobi and Rexaun Nobi. The said two brothers after getting the disputed land under exchange deed in equal share started living thereon and later on conflict arose ......sed without any order as to cost. Let a copy of this judgment along with the lower Court's record be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 281 ..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2015 | Hits: 36

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....une, 2013. There was no prayer on behalf of the defence to re-examine P.W. 27. The deposition of a witness made on oath and his evidence having been tested by cross-examination cannot be negated by a disputed affidavit as the evidence has already been closed. 118. Furthermore, the same principl......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby main­tained. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 295     ..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)

....ion and enjoyment of the property in question died in the year 1972 and he was buried in Khalishpur grave-yard, Khulna. The said SG Mustafa died leaving son Abid Hossain, who was in possession of the disputed property. Subsequently he decided to dispose of the property in question and accordingly he......e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ..

Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5

Esrarul Huq Chowdhury Vs. Government of the People's Republic of Bangladesh and Others, 2015, 44 CLC (HCD)

....n that he should refrain from doing any illegal activities by abusing his official power. No order as to cost. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 173.   ......r further order or orders as to this Court may seem fit and proper. 2. It has been stated in the writ petition, amongst other, that the petitioner is a law abiding citizen of Bangladesh; that CS khatian No. 611 of Ramnagar mouza under Daganbhuiyan PS was prepared in the name of Badsha Mia, Lal ..

Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1

Sarwar Alam Chowdhury Vs. Government of the People’s Republic of Bangladesh & others, 2015, 44 CLC (HCD)

....d judgment and order dated 31.07.2000 passed by the respondent No. 2 as contained in Annexure I to the writ petition should not be declared without lawful authority and of no legal effect and why the disputed Plot No. 13/A/A/1st Colony Mirpur, Dhaka should not be released from the “ka” l......s to costs. Send down the record of the Court of Settlement. Communicate the judgment to respondent No. 1 at once. Zinat Ara J.- I agree. Ed. This case is also Reported in: ..

Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35

Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)

....gs- (1) VAT being an indirect tax, it is payable ultimately by the receiv­er of services and (2) ACC having misrepresented in certificates issued during the relevant financial years that the disputed amount of Taka 33,725 has been deducted from the fees payable to the peti­tion as VAT a...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361   ..

Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2

Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)

....ip;.......................Respondent Judgment May 12, 2015 Result: The appeal is disposed of. In spite of repeal of sections 93A and 93B of the Act the pending acquisition of disputed land shall be continued under the provision as if those have not been repealed. The T......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263   ..

Category: Administrative Law | Date: 12 May, 2015 | Hits: 6

Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)

....r of stay granted at the time of issuance of the Rule stands vacated. 23. The Revenue Officer appointed with the additional designation of Settlement Officer may take a decision afresh about the disputed publication of the concerned record-of-rights in view of the provisions of rule 42 of the R......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37   ..

Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

....t in the Mortgage Deed and sched­ule to the plaint is merely an omission occurred due to inadvertence. The Khatian numbers, area of land and identification of the mortgaged property "are not disputed by the Petitioners. It is also not disputed that the property sold in auction inserting plo......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

.... suit by filing a written statement denying all the allegations made in the plaint and contending, inter-alia, that the suit was not maintainable in the present form and was barred by limitation. The disputed document in favour of Omra Khatun was not a mortgage deed, but an out and out sale deed. On......nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Sarker and other Vs. Md. Nasibuddin and others, 2015, 44 CLC (AD)

....said Miscella­neous Case for getting the land under dispute by way of pre-emption under section 96 of the State Acquisition and Tenancy Act staring that they are the contiguous land owners of the disputed plot. The vendor transferred the disput­ed land to the pre-emptee petitioner on 13-8-19......ed time from the date of knowledge of the registration of the sale deed. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 210. ..

Category: Civil Law, Tenancy Law | Date: 1 Mar, 2015 | Hits: 24

Ali Haider Chowdhury Vs. State, represented by the DC, Dhaka and another, 2015, 44 CLC (AD)

....ding manipulation of the tender for sale of the abandoned property had been disclosed against him in the materials collected by the prosecution. By taking evidence the trial Court has to resolve disputed ques­tions of fact whether petitioner had any role in the ille­gal transaction or w...... proper appreciation of law and fact do not call for interference. Accordingly, this criminal petition is dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 147.   ..

Category: Criminal Law | Date: 11 Feb, 2015 | Hits: 16

The Commissioner of Taxes, Taxes Zone-5, 28/F, Segunbagicha, Dhaka Vs. Ms. Rubana Huq, wife of Mr. Aanisul Huq, 2015, 44 CLC (HCD)

....y-8, who declared the same in his income tax return. A instrument of gift was executed on 23.12.2008, although the said gift was made orally on 30.6.2007 in presence of witnesses, but the DCT concern disputed the mode of transfer of the gift and disbelieved the same and added the said amount with th......he result, the Income Tax Reference Application is rejected. However, there shall be no order as to costs. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: 7 Jan, 2015 | Hits: 1

Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)

....of the suit land since 1985, she has acquired a legal right thereto. However, since the claim as to the possession of the plaintiff has been denied by defendants, the same appears to us to be  a disputed question of fact which requires adjudication through evidence. Thus, the claim of the plain......the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ..

Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19

Oxinel Services Pte. Ltd Vs. SOM Kalimullah, MD, Bangla¬desh Telecommunication Com¬pany Limited (BTCL) and others, 2014, 43 CLC (HCD)

....stice; that upon hear­ing the grievance of the petitioner, this Court was pleased to pass order of injunction, on 30-10-2012, against the encashment of the Bank Guarantee by the BTCL; that as the disputed amount was much less than the amount of the Bank Guarantee, the petitioner filed a petition......her signed copy of the order of commit­tal be kept with record, for ready reference, if so required. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 225     ..

Category: Constitutional Law, Contempt of Court Law | Date: 4 Dec, 2014 | Hits: 10

Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)

....Jarjis. In fact the trial Court of Chapai Nababganj being influenced by the judgment of the Sessions case No. 56,74 of 2010 (Metro Sessions Judge, 6th Court, Dhaka) held that on the basis of the said disputed cheque the informant, that is, the present accused peti­tioner has already been convict......sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ..

Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9

Ruhul Amin (Md.) and oth¬ers Vs. Mustafizur Rahman and others, 2014, 43 CLC (HCD)

..... 787 which has been prepared in r the name of the defendant's father and against that they did not file any case under sections 30/31 of the State Acquisition and Tenancy Act. In respect, of the disputed exchange deeds the plaintiff No.1, states that his father died in the year 1993 and the dee......title and further declaration that the deed of exchange Nos. 22 and 23 dated 2-1-1971 are forged, fraudulent, collusive and not acted upon contending inter alia, that the suit land appertaining to CS khatian No. 359 corresponding to SA khatian No. 372 measuring an area of 77 decimals of land in plot..

Category: Civil Law, Property Law | Date: 16 Nov, 2014 | Hits: 10

Shawkat Hossain (Md.) and another Vs. Golam Mohammad and another, 2014, 43 CLC (HCD)

....September 20, 2014 Result: The appeal be allowed. When Court obtains expert's opinion Where other evidence produced before Court are sufficient to prove the genuineness of any disputed signature or document the Court may not insist for expert's opinion, but where the evid......ith law. Send copy of this judgment to the appellate Court below along with the lower Court record, if not already sent back. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 27 ..

Category: Evidence Law, Property Law | Date: 20 Sep, 2014 | Hits: 10

Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)

....enant's continuance of possession alone and there must also be the assent of the landlord, which may be expressed or implied. 21. The principle expounded in the case referred to above is not disputed. In the case in hand, though the respondent continues his posses­sion by holding over, ......Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2       ..

Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 13