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Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......ne Gagan Ali was admittedly its owner in posÂsession. In fact he had only the possessor right therein. Case of the plaintiff-appellant is that Gagan Ali sold the premises to him by a registered sale-deed dated 8 December 1953 (Ext.l) and delivered possession to him. Thereafter he possessed it by in..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....ses the power of appointment of empÂloyees of the bank who are employees of the bank and not of the government. 8. The Registrar's main function is to register a co-operative society, and without registration, no society can come into existence. It is the Registrar, again, who may cancel the reg......rder of the High Court DiviÂsion is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ......the trial. Subject to these observations, the order of the High Court Division is upheld. The apÂpeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ..Category: Criminal Law | Date: | Hits: 59
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... prospectus; where shares of company have issued at a discount; where there is no valid allotment of shares; where allotment is irregular; where transfer of share has been improperly regisÂteired or registration has been refused. WheÂre the Company put in the register matters which are not require...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..Category: Company Law | Date: | Hits: 195
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional eviÂdence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......cellaneous Case No. 17 of 1978, in the Court of Sub-ordinate Judge, Bogra, under section 96 of State Acquisition and Tenancy Act for pre-empting lands purchased by the appellants vide registered sale deed dated 17.4.75 from one Abiran Bibi. The respondent claimed that was a co-sharer to the transfer..Category: Property Law | Date: | Hits: 52
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......erstwhile Supreme Court of Pakistan which granted the leave prayed for. 2. The plaintiff instituted the suit claiming to have taken a permanent lease of the suit property by registered deed from-one Modhusudan Saha for a consideration of Rs. 12,000/- on the 22nd November, 1951. ..Category: Property Law | Date: | Hits: 37
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......d an instrument in that behalf embossed on a plain paper affixed with share transfer adhesive stamps and that on the advise of his lawyer as a measure of precaution, he obtained on the same date a deed of transfer from she said Kamala Kanta Chakraborty embossed on non-judicial stamp The said tra..Category: Business or Commercial Law | Date: | Hits: 113
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ......vision in a second appeal. The second appeal arose out of a suit for specific performance of a contract for reconveyance of the suit land which, subject to the said contract entered in a registered deed of agreement, was transferred to the defendant Haji Abdur Rahman by a Kabala dated 29-5-56. Th..Category: Property Law | Date: | Hits: 47
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....the formalities as required under the Mohammedan Law, because, according to the plaintiff's own showing the formalities performed by him were premature as the formalities were completed before registration of the kabala. The learned Munsif dismissed the suit on the finding that the formaliti...... registration of the kabala. The learned Munsif dismissed the suit on the finding that the formalities observed by the plaintiff were premature as they were before the registration of the sale deed. This judgment was affirmed in appeal. In second appeal by the plaintiff the learned Single J..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......s of defendant Nos. 9 to 12 had, by fraudulent means, obtained lease of the land in Kol-karsha, right from Jalada Sundari, widow and heir of Baikunta, one of the three Pal brothers. The lease-deed, if any, creating the Kol-karsha, was never acted upon and the lessees never possessed the lan..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......dge, Dacca. 2. The suit land as described in the schedule to the plaint belonged to one Mungro Mali from whom Sachindra Nath Bose, father of the plaintiffs, purchased it by a registered sale deed dated February 26, 1941. Sachindia died after about a year, in 1942, leaving the plaintiffs, h..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
....and structures for the sum of Tk. 25, 000/- to one Keramat Ali, predecessor in-interest of the respondents Nos. 1-6 by a sale deed dated October 30, 1972 and delivered possession to him after registration of the deed on the same day. No notice of this transfer was served on the appella......uary 8, 1955. Since then she was in possession of the property until she transferred 1 3/4 kathas of land along with standing structures as shown in schedule 'B' to one Sakina Bai by a sale deed dated May 11, 1966. 3. Subsequently, Fatema Begum sold the remaining portion of ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......der in the capacity of being the Secretary of the Corporation. He will cease to be a share-holder of the company when he ceases to be the Secretary and under the law he is obliged to execute a deed of transfer to the Secretary of the Corporation whoever may be the individual holding suc..Category: Business or Commercial Law | Date: | Hits: 107
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....view of the above observations, the appeal is dismissed, the Judgment and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: ......lised enterprise it is allowed by the Corporation to manage its affairs according to the rules of its constitution, that is, its Memorandum of Association and Articles of Association or agreement or deed under which it was originally created, it may be said that such company or enterprise has maint..Category: Employment/Service Law | Date: | Hits: 104
Bangladesh Steamer Agents Association Vs. Bangladesh & others, 1981, 10 CLC (AD)
....e of natural justice is violated. 8. The records of the case show that the Ministry of Commerce took more than two year to issue the licence under section 3 of the Ordinance required for the registration of the Association under Section 26 of the Companies Act. The letter by the appel...... any lawful authority. Ed. ..Category: Others | Date: | Hits: 110
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ...... Karim, a brother of the deceased, lodged information in the Motijheel P.S. accusing the appellant for the murder of his wife Saleha Begum. In the course of investigation, on the prayer of the police deed body of the victim was disinterred and another post-mortem was held by a Board consisting of Dr..Category: Constitutional Law | Date: | Hits: 292
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....gistered under the law, but he further says if such power of attorney empowers a person to execute a deed of sale of any kind of transfer or sale of immovable property that power of attorney requires registration under the law, The latter proposition has no foundation in law. This observation is not......e Bhattacharjees went to India and as they coÂuld not return, by a General Power of AttorÂney dated 9.4.56 (Ext.4) they appointed one Ansaruddin Biswas as their attorney who subsequently executed a deed of sale in favour of the plaintiff on 8.10.56 and that the plaÂintiff thus became the owner of..Category: Others | Date: | Hits: 128
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
.... stating that they did not file any application for permission for sale of immovable property and if any such application had been filed it should be rejected. The sale-deed was presented for registration without obtaining necessary permission from the Deputy Commissioner, Dacca/Board ......leave arises from a judgment of the High Court Division in First Appeal No. 38 of 1969 dated August 28, 1974 reversing that of the Subordinate Judge and dismissing the suit for cancellation of sale-deed dated February 7, 1964 on declaration that it is fraudulent, illegal and void. 3...Category: Property Law | Date: | Hits: 75
M/s. Everett OriÂent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
.... sub-rule attempt has been made to allow depreciation for all newly acquired plants and machinery including ocean going vessel for a period of five years from the date of its installation or registration as the case may be such provision is nowhere available within the four corners ......esult, therefore, both the appeals are allowed. The judgement of the High Court Division is set aside and the orders of the Tribunal are restored. There will be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......ired 8 annas interest by purchase from the Khajanchi Bari landlords by kabala Exhibit 1 (a) dated 812.1951 and also acquired the remaining interest by lease from the said landlords on the basis of deed of lease Exhibit 2 series. Thereby be acquired 16 annas interest in the disputed land and..Category: Property Law | Date: | Hits: 47
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