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Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

....sary changes in the record of rights mutating the names when mutation is asked for as a result of inheritance on the report of Tahshilder under Rule 22 and also when mutation is asked for as a result transfer. His acts being a ministerial act, shall not be open to appeal as provided in Rule 23 sub-r......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..

Category: Criminal Law | Date: | Hits: 48

Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)

....aims the suit property by oral gift. Being a member of the Hindu Community by the alleged gift petitioner's vendor acquired no title in the suit property. So her vendor Guru Dasi Dey had nothing to transfer to the petitioner. In view of that, we find no merit in the Rule." 7. We have ......ion, the impugned judgment of both the Courts below and heard the submissions of the learned Advocates of both the sides and cited case. We find that the petitioner's basis of title is a registered deed from her vendor who claims the suit property by oral gift. Being a member of the Hindu Communi..

Category: Property Law | Date: | Hits: 31

Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

....e miscellaneous case and as such the question of bar of limitation did not arise. The lower appellant Court also held so. 7. Mr. Asrarul Hossain, learned Counsel for the appellant, submits that a "transfer" of pre-emptable land, effected by a registered document is to take effect under section 47......e State Acquisition and Tenancy Act (XXVIII of 1951) Section 96 The Registration Act, 1908 (XVI of 1908) Sections 47 and 60 Right of pre-emption does not accrue on the date of execution of the deed of sale or any earlier date or the date of presentation of the deed for registration but the da..

Category: Procedural Law | Date: | Hits: 119

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

....lt, therefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......­leged pecuniary interest in the contract. The Tribunal found that it was a partnership firm which was creat­ed by an instrument dated 13.9.78 and respondent No. 1 had sold away his share by a sale deed Ext. 'G’ dated 2.2.85 and thereby severed connection with the firm and contract. As such it w..

Category: Election Law | Date: | Hits: 134

Comilla Electric Sup­ply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....se VII was replaced by a new clause and substituted with two new provisos by the Finance Act, 1962 (Act 1 of 1962). "(vii) in respect of any such building ma­chinery or plant which has been sold, transferred by way of exchange, or is compulsorily acquired by a competent authority under any law f......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)

....10-81 respectively. The pre-emption application was filed on 25-11-81, which was within time. He impleaded all the co-sharers of the jote and also impleaded tenants holding contiguous lands. Even the transferee was impleaded as opposite party No. 1 when the written objection was filed on the plea th...... 4. This was a raiyati holding recorded in C.S. Khatian No. 197 of Mouza Bhotal, P.S. Faridganj. It belonged originally to Abhoy Chandra Dutta. Af­ter his death, Raman Chandra Dutta, his son, by a deed of gift dated 23rd May, 1949 gave the raiyati holding in his jote to his 3 sons, namely, Dakhin..

Category: Procedural Law | Date: | Hits: 84

Abdul Mannan Taluk­der Vs. BD House Buil­ding Finance Corpora­tion and another, 1989, 18 CLC (AD)

.... of 1984. Remedy under sections 34, 62 or 64 of the Industrial Relations Ordinance is not available to a trade union leader working in the House Building Finance Corporation. The impugned order of transfer is an action taken in relation with the appellant's service in the Corporation, and any gri......nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ..

Category: Labour and Industrial Law | Date: | Hits: 111

Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)

....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ...... His citizenship was restored and he died in Bangladesh in 1976. The appellant received delivery of possession of the said property and afterwards leased it out to the Parjaton Corporation vide lease deed dated 9.12.76, Annexure 'C. The lease was terminated in 1980 and since then the appellant has b..

Category: Property Law | Date: | Hits: 54

Ziaul Huq and ors. Vs. Messers Business Re­sources Ltd. & ors., 1989, 18 CLC (AD)

....titution, the Government requisitioned 12 bighas of land in 1956 under the provisions of East Bengal (Emergency) Requisition of Property Act, 1948 in L.A. Case No. 8/55-56. The land in ques­tion was transferred to the School Authority by the Additional Deputy Commissioner (L.A. and Relief), Dhaka o......for ad interim injunction in the facts and circumstances of the case. 2. Facts in brief are as follows: — Plaintiffs filed a suit being Title Suit No. 88 of 1988 for a declaration that the lease deed dated 24.2.86 executed by the Siddheswari Boys High School Managing Committee in favour of Mess..

Category: Civil Law | Date: | Hits: 130

Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)

....t (Union Parishad) Ordinance, 1983 (LI of 1983), sections 28 & 29(4) The Code of Civil Procedure, 1908 (V of 1908), section 24 Whether the District Judge as Election Appellate Authority can transfer an appeal against the decision of the Election Tribunal to the Additional District Judge in......ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil Ap­peal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ..

Category: Election Law | Date: | Hits: 125

Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)

....d Title Suit No.34 of 1982 in the Court of Assistant Judge, Narsingdi for specific performance of contract against his father, Danis Ali Molla. The suit was re-numbered as Title Suit No.20 of 1984 on transfer to the Court of As­sistant Judge, Monohordi. Danis Ali Molla died dur­ing pendency of the......the submission made by the learned Advo­cate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74...

Category: Procedural Law | Date: | Hits: 88

Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)

....istan Disturbed Persons (Rehabili­tation) Ordinance, 1964 was promulgated. Defendant No.1 being a member of the minority community was required to take permission under the said Ordinance for making transfer and being requested by the plaintiff to obtain the same, he refused raising this or that pl......ex­cluded in computing the period of Limitation." 22. We have considered the only decision cited by Mr. Pal, 7 DLR (FC) 170, which does not say anything contrary to what has been noticed above. Indeed it is no authority in support of the contention of Mr. Pal that a restricted meaning should be ..

Category: Procedural Law | Date: | Hits: 132

Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)

....ly purpose. The learned Single Judge of the High Court Divi­sion concurred in this finding. 3. Mr. S.R. Pal, learned Counsel for the peti­tioner, does not seriously challenge the validity of the transfer by the kabala of the year 1926; but he seriously contends that the dedication in favour of ...... deci­sion. The impugned order of the High Court Divi­sion is dated 21 May 1986 made in Civil Revision No. 785 of 1982 (Barisal). 2. Widow Manikko Bewa sold property No.1 Schedule 'Ka' by a sale deed dated 19 March 1926 to the predecessor of respondent No.1. She gifted away property No. 3 in Sc..

Category: Family Law | Date: | Hits: 157

Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)

....S. Plots no. 16, 17 and 19. One Sonabi Bewa had raiyati jote right in the first two plots and she pos­sessed .08 decs, of land of C.S. Plot No. 19. Plain­tiffs case is that the heirs of Sonabi Bewa transferred the said lands to Ram Charan Ramani by a registered deed of sale dated 20.12.46 who in t......High Court Division have committed substantial error of law in failing to direct to identify and demarcate .2125 acre of C. S. Plot No. 17, as had been purchased by the defendant Nos.1 and 2 by their deeds dated 4.1.54 and 5.1.54 out of land of Schedule 'A' to the plaint and to allot a saham of 1062..

Category: Property Law | Date: | Hits: 32

Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)

....e Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(3) The only question is when the section is applicable. It can come into operation only if the tenant has not only sub-let but also transferred such commercial undertaking together with the premises to the third person, that such pe......l Ordi­nance and in view of the admitted facts and the materials on record that the defendant No.3 who was taken in as a partner in the business by the defendant Nos. 1 and 2 under a duly registered deed of partnership, became a tenant under the plaintiff by operation of law and no decree for evict..

Category: Criminal Law | Date: | Hits: 47

Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)

....espasser merely because his settlement has been cancelled. The question will always remain for consideration whether the settlement has been validly cancelled. On appellants own showing he has made a transfer of land apparently before his own settlement was completed. Thus he having parted with the ......, Government Acquired Estate. It is found from order dated 11.2.81 that there was a local enquiry and it was found that the appel­lant had transferred the settled lands to his brothers by registered deeds long ago and they had been enjoy­ing the interest and produce since the transfer. The appella..

Category: Property Law | Date: | Hits: 29

Sk. A.K.M. Abdul Mannan Vs. M/s. Raj Textile Mills Ltd., 1988, 17 CLC (AD)

....................................Plaintiff-Respondent. Judgment December 13, 1988. Result: The Rule is discharged. The Constitution of Bangladesh, 1972, Article 104 This case is for transfer of the suit at Dhaka from Jessore on ground of inconvenience. Transfer of a case does not c......er proceedings of the suit filed later in Jessore till disposal of the suit filed earlier in Dhaka. The Rule is discharged. No cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 11. ..

Category: Procedural Law | Date: | Hits: 110

Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)

....of mouza Debnagar, P.S. Daulatpur and respondent No.2 is another co-sharer in the same holding. Respondents 1, 3, 4 and 5 are strangers to the holding Respondent No.2 with notice to the appellant transferred the land which is the subject matter of the misce­llaneous case to respondent No.1 by a......21.4.51 on the basis of which the appellant claimed to be co-sharer. At this the said Delwar Hossain gave another kabala in respect of the said lands executed by his wife named Rokeya and made over a deed of relinquishment dated 1.5.36 in the name of his wife Sakhina Khatun executed by his brother, ..

Category: Property Law | Date: | Hits: 33

Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)

.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......uddin Hossain CJ.- The question involv­ed in this appeal is whether the pre-emption petition filed under section 96 of the State Ac­quisition and Tenancy Act earlier to the registration of the sale deed under pre-emption is competent. The trial Court held that sub­sequent registration of the Kaba..

Category: Property Law | Date: | Hits: 34

Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)

....suit No.436 of 1956, is that Respondents No.1 and 2 are owners of properties in West Bengal, India. The appellants had some building within the Municipal area of Khulna town. Both par­ties agreed to transfer their properties and agreed to exchange their properties by a devise of permanent lease, ea......uilding within the Municipal area of Khulna town. Both par­ties agreed to transfer their properties and agreed to exchange their properties by a devise of permanent lease, each exchanging by a lease deed in favour of the other. Both parties executed to contract for the purpose. One was executed by ..

Category: Property Law | Date: | Hits: 32