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Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....e kabala was already registered on 9.6.76 and the Court pronounced Judgment on 30.6.76. The order passed on the maintainability of the earlier case was therefore passed in ignorance of the fact of registration and the appellant himself was a contributory to this finding. The appellant cannot now......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ..Category: Property Law | Date: | Hits: 85
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....nts passed by the President was duly processed in the normal course of business in the Land and Estate Department, headed by a Member of RAJUK, and after obtaining opinion from the Legal Adviser, the registration of the Lease Deed was done. The learned Judges of the High Court Division erroneously h...... to four different groups. Plot No. 49 was allotted to Md. Shahinur Islam, Md. Sadeque and Akhtara Begum at a total price of Tk. 23,22,600.00. The money was deposited on September 18, 1989. The lease deed was registered on October 21, 1989. On the very next day i.e. October 22, 1989 the lessees soug..Category: Anti-Corruption Laws | Date: | Hits: 302
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......the court of Assistant Judge, Daulatpur Upazila and re-numbered as Miscellaneous Case No 21 1984. Their case was that the pre-emptee-petitioner was not a co‑sharer in the case holding and the deed of gift was a pre-emptible one. Among other defences the pre-emptee-petitioner contended that ..Category: Property Law | Date: | Hits: 56
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......cribed form on ail the co sharer tenants of the said holding who are not parties to transfer. In the present case the respondent by virtue of his purchase under a registered deed became co-sharer of the holding, so the appellant had to comply with the provision of se..Category: Property Law | Date: | Hits: 60
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....For non-observance of the principle of natural justice the Privy Council in Attorney- General. Vs. Ryan [1980] AC 718 advised that the Minister's decision to refuse the respondent's application for registration as a citizen of the Bahamas should be declared to be null and void. It was observed tha......owever held: "But that is a hypothetical case. Here there was no suggestion that the appellant had surrendered his passport or taken any other overt step to withdraw from his allegiance, unless indeed reliance is placed on the act of treason itself as a withdrawal. That, in my opinion, he cannot..Category: Immigration and Citizenship Law | Date: | Hits: 522
Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ction 96 of the State Acquisition and Tenancy Act, 1950. 2. The pre‑emptors' case, is that they filed Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala before its registration. Thereafter, he withdrew the case on 27.1.75 and, after obtaining certified copy of th......led Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala before its registration. Thereafter, he withdrew the case on 27.1.75 and, after obtaining certified copy of the registered deed on 4.2.75, instituted the present case for pre-emption on 17.2.75. The pre-emptor being a con..Category: Property Law | Date: | Hits: 85
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......ed and registered through court. He obtained delivery of possession through court on 8.5.66 in presence of the defendants. Proforma defendant 3 made a gift of the suit premises by a registered deed of gift on 9.4.70, in favour of the plaintiffs. Proforma‑defendant 3 after acquisition o..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......argued that the High Court Division had erred in granting the relief, inasmuch as the Government had revised its earlier order and it ought not have issued the writ. Secondly, it was argued that no deed of transfer was executed and as such no right was available to the respondents. 6. Ther..Category: Constitutional Law | Date: | Hits: 157
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......thin the said jurisdiction. 4. The trial Court rejected the petition on 5.10.93. The High Court Division in refusing to interfere with the said order had to say this: "From the perusal of the deed of agreement it appears that the agreement was for the supply of money and tea by both the side..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ...... dated July 10, 1983. For the purpose of setting up a coconut oil, coil and other allied industries at Barisal respondent No. 1 was settled with 8.30 acres of Government Khas land and necessary lease deed was executed and registered on November 2, 1962. As respondent No. 1 required some more lands i..Category: Property Law | Date: | Hits: 69
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......eal No. 48 of 1979. 2. Accused-respondents were put on trial before the Sessions Judge, Bogra, to answer a charge under section 467 read with section 34 of the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellant. Facts are, that accused Am..Category: Criminal Law | Date: | Hits: 61
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ...... a suit for specific performance of contract, namely, Title Suit No. 1441 of 1981 from the 4th Court of Subordinate Judge, Dhaka against the said Dr. Sadrul Hasan and that the petitioner obtained a deed of sale through Court in execution thereof, the petitioner challenged the inclusion of the sai..Category: Property Law | Date: | Hits: 77
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....alance of the consideration money was paid to the attorney of Karuna Moyee Dasi and he assured to execute and register the kabala within the shortest possible time, that prior to the execution and registration of the kabala by Karuna Moyee Dasi the defendant No.1 in collusion with some other per......ied. The fact of death of Karuna Moyee Dasi was not established by any evidence. It may be mentioned it was the definite case of the plaintiff that Karuna Moyee Dasi after execution of the alleged deed of agreement for sale of the land in suit allegedly on January 1, 1952 left for India with the..Category: Property Law | Date: | Hits: 59
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..Category: Civil Law | Date: | Hits: 103
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
....pposite party No.2 being in need of money transferred the land to the opposite party No.1, the pre-emptee with the stipulation of reconveyance on paying back of the money, that on the very date of registration of the kabala an agreement for reconveyance was executed by the purchaser i.e. pre-emp......or of the preemptee. It may be mentioned the trial Court on detailed discussions of the evidence held that the transfer that was made by the opposite party No.2, herein appellant, was followed by a deed of reconveyance and that in terms of the deed of reconveyance the land has been reconveyed by..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
..... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ......othing to be preempted as title of the land sought to be preempted vested with the original owner and the cause of action for which the case for preemption was filed no longer existed, that as the deed of reconveyance was made during the pendency of the Miscellaneous case for pre-emption and, as..Category: Property Law | Date: | Hits: 70
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......ve and not binding upon him. 7. His case is that he purchased the suit property from Messrs Haji Hashem and Haji Ahmed Brothers at a consideration of Taka 2,00,000 on the basis of an unregistered deed in 1971 which was lost during the war of liberation. But on the basis of the purchase he took p..Category: Tenancy Law | Date: | Hits: 72
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....lection Commissioner without consent of the two other Commissioners and the appointment given by the Secretary, Election Commission to about 2,40,000 enumerates, 70,000 supervisors, 6235 assistant registration officers and 83 registration officers in pursuance of the impugned decision and also p......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......g completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated 22-09-1994………..(21 & 23) Section 14 A of the (Em..Category: Property Law | Date: | Hits: 51
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