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Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....ough certified copy of the plaint found out that the suit, being Title Suit No. 266 of 1980, was, in fact, filed on 21.4.1980 in the Court of Munsif, 2nd Court, Barisal and subsequently that suit, on transfer to the Court of Munsif, 1st Court was renumbered as T.S. No. 118 of 1984. In view of this d......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..Category: Employment/Service Law | Date: | Hits: 103
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
.... is that the defendant has been occupying the suit premises as a tenant under one Begum Zohora Hossain at a rental of Tk. 150/- per month. The said Begum and her co-sharers Zahid Hussain and others transferred the suit holding along with other holdings, of the plaintiffs by registered sale deeds d......ora Hossain at a rental of Tk. 150/- per month. The said Begum and her co-sharers Zahid Hussain and others transferred the suit holding along with other holdings, of the plaintiffs by registered sale deeds dated 28.2.1978 and thus the defendant became a tenant under the plaintiffs by operation of ..Category: Others | Date: | Hits: 96
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
.... Haroon Moten and Alia Rakhi Bai (Defendents Nos. 1 and 2 respectively) on 9th August, 1960 in the First Court of Subordinate Judge, Chittagong, where it was registered as O.S. No. 28 of 1960. It was transferred to the High Court on 29th March, 1965 under the Banking Companies Ordinance 1962. Defe......her of Defendant No.1, for a paltry sum of Rs. 17,517/- though this property valued over of lakhs of rupees. The plaintiff bank, represented by the Official Liquidator, alleged that the two lease deeds were fraudulent and collusive executed by N. L. Sinha who had no authority to transfer any pro..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ......laintiffs brother Amjad Hossain. Thereafter, Amjad Hossain executed a kabala in respect of the suit land and other lands in favour of the plaintiff on 11-12-56. Since exchange and execution of kabala deed in “his favour the plaintiff has been possessing the suit land through different borgaders. D..Category: Property Law | Date: | Hits: 46
Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ......est money. Stipulations between them were that the plaintiff would offer the balance of the consideration money to the defendants within one month upon which they would execute and register .the sale deed. It was further agreed that if the plaintiff failed to do so-the earnest money would be forfe..Category: Civil Law | Date: | Hits: 109
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....ears that there is a mention of Jute Division of the appellant company which includes Zareen Jute Baling Industries, Khulna Industries Ltd. and Keraniganj Jute Baling Company Limited all of which are transferred to the Bangladesh Jute Corporation. The provisions were inserted under new section 25A o......oration before such repeal shall be deemed to be suits and proceeding by or against the Jute Marketing Corporation and shall be proceeded or otherwise dealt with accordingly." 13. Referring to the deed of Agreement between the Bangladesh Jute Marketing Corporation and M. M. Ispahani Ltd. dated 19..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....ts included immovable property Ajudhia Vs. Sham, AIR 1947 Lah 13 FB. This indeed is the view which has commended itself to us, The decision in East End Agencies Vs. Mafizuddin (20 DLR 1056) that the transfer of interest of a partner in partnership firm can be effected by a registered document under......ained unpaid even then the dissolution was acted upon, in that case the plaintiff can claim the unpaid money with compensation but not the partnership which has already been dissolved. Registered deed is not necessary for conveying the share from one partner to another and dissolution of partner..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....ermined as hereinafter provided, in relation to the amount (invested by him in the acquisition of any stocks or shares of a company as described in the section (otherwise than by Purchase or transfer from a previous holder of the stocks or shares.) 8. This section gives exempti......e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....h Court Division on 11 August, 1982. Appellants instituted Title Suit No. 36 of 1975 in the 4th Court of Subordinate Judge, Dhaka and was renumbered as Title Suit No. 1 of 1978 after being transferred to 5th Court of the Subordinate Judge, Dhaka. Appellants prayed for declaration of the...... of Tk. 20,000/-. On 20 September, 1950 a bainapatra was executed and on the same day 30 amount of Tk. 18,000/- was paid to Noor Mohammad Bepari as earnest money. The owner was to execute the sale deed within 3 months from the date of agreement. Plaintiff-appellants came to know that suit proper..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....Respondents No. 1 and predecessor of respondent No. 2 denied the material allegations in the plaint, it was asserted by them that whatever interest the appellant had in the partnership business was transferred by him to respondent Nos. 1 on 2 October 1961. Thereafter respondent No. 1 entered into ...... the trial Court were that the suit properties were acquired by the appellant and respondent Nos. 3 and 4 for the Mahabir Cinema Company of which they were partners; respondent No. 1 interpolated the deed of partnership dated 26-4-82 in order to prove his claim; respondent No. 1 created false docume..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......h Court Division's judgment contended that the very proceedings under Order IX, rule 13 C.P.C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the court and possession of the land was also delivered as there..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
.... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ...... Sahajuddin will bear the registration cost. It is mentioned that we will give up the cases which we instituted against each other in courts and thanas after mutual submission of compromise deed. Cost will be borne by both the parties. Date- 12-5-1973] The learned Judge n..Category: Property Law | Date: | Hits: 42
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....ise to the doctrine of part performance which is embodied in section 53A of the Transfer of Property Act. Section 53A reads as under: "53A. Where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf f......riting signed by the transferor. In Maniklal Mansukhbhasi vs. Hormanji Jamshedji Ginwalla & Sons, A.I.R. 1950 (SC) page 1 in an action to eject a lessee on the ground that he had no registered deed of lease in his favour, the defendant lessee took the plea of part performance and proved that..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....ompromise decree against the Dhaka Nowab Courts of Wards Estate in Title Suit No. 130 of 1957 and the decree was passed on 3.9.59. The decree contemplated registration of certain registered deed of transfer and transfer of possession of the decretal property to the appellant. The appellant applie......itle Suit No. 130 of 1957. The appellant started execution case for enforcement of the said decree and applied for delivery of possession of the decretal properties pending registration of the deeds by the judgment debtor but that was rejected by the Executing Court and the Executing C..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......s quoted below: "44. Appointment of Official mutawalli.- Notwithstanding anything contained in this Ordinance or in any other law for the time being in force or in any deed or instrument, the Administrator may, where considered necessary, appoint an official mutaw..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
.... 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit premises after the transfer; deposit in her favour cannot be taken as a ground to resist ejectment when sought by the n......om no offer of rent was made by them. 2. Defendants-respondents were admittedly monthly tenants of one Parul Bala Ghose and they paid rent to her upto Augrahayan 1381 B. S. By a registered sale deed dated 25th Ashar 1382 B.S. corresponding to 10 July, 1975 Parul Bala Ghose transferred the enti..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ...... be a tenant by his landlord in any document executed by him or executed in his favour and accepted by him…………..(5) The plaintiff purchased the land by registered deed from his vendors, who were the tenants. Therefore, his right was rightly declared by the tria..Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ...... establishment of schools, provision of medical assistance and relief to the distressed persons, erection of mosques and maintenance of places of public worship. The income-producing business was indeed owned by the Trust, and also carried on by the Trust or on behalf of the Trust, but this busin..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....y of Haricharn on the will with a number of thumb impressions purportedly of Haricharan appearing in two previous sale-deeds, being registered, (Exts. 6 and 7). These sale-deeds recorded transfer of some lands by Haricharan to third parties a few years before his death. The thumb .......W. 5, a hand-writing expert. He compared the thumb impressions purportedly of Haricharn on the will with a number of thumb impressions purportedly of Haricharan appearing in two previous sale-deeds, being registered, (Exts. 6 and 7). These sale-deeds recorded transfer of some lands by ..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
..............Respondent Judgment December 4, 1983. The Civil Procedure Code, 1908 (V of 1908), Section 150 Consequence of Transfer of Business of Court The transferred Court shall have the same power and “shall perform the same duty as those respect...... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ..Category: Others | Date: | Hits: 93
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