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Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....strial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972) Articles 5(a) and 17(1) The power of control, supervision and regulation under article 17(1) necessarily includes the power of transfer of an employee from one mill to another by the BJMC. In view of the Gazette Notification is......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..Category: Employment/Service Law | Date: | Hits: 143
Alauddin Molla & Others Vs. The State & Others, 1988, 17 CLC (AD)
.... Munshiganj and reached up to examination of the accused under section 342 of the Code of Criminal Procedure when the Sessions Judge suo motu sent the case to the High Court Division apparently for transferring the case to Dhaka which was done and it was renumbered as Sessions Case No.4 of 1988 in......ions Case No.4/ 88 who obtained bail here pending appeal are given the liberty to move the Sessions Judge concerned for bail, if so advised. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 282..Category: Criminal Law | Date: | Hits: 48
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272......ises from Ahsan Ahmed and started a Printing Press. Further case of the defendant is that Surendra Nath made a gift of the suit land in favour of his grandson Chitta Ranjan Tarafdar by a registered deed dated 4.8.1940 Ext. ka and thus Chitta Ranjan Tarafdar began to possess the suit land. The re..Category: Tenancy Law | Date: | Hits: 106
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....i ever arises requiring any consideration. The appeal is, therefore, dismissed. There will however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 266 ......er, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. There is no answer as to why no steps were taken by the appellant Society for executing a lease deed incorporating the terms of lease of the fishery in question from 1392 to 1394 B.S. as decided..Category: Property Law | Date: | Hits: 34
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ......procedure for granting licence, said to be followed by the licencing authority. The procedure has been changed several times. It is not a statutory rule. 7. The appellants' right is based on the deed of licence. Paragraphs 11 and 12 of the deed of licence read as follows: "11. This licenc..Category: Others | Date: | Hits: 103
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....however at liberty to remove her structure taking permission of the Executing Court. 3. The learned Counsel has tried to invoke section 51 of the Transfer of Property Act and contended that as a transferee the judgment-debtor is entitled to compensation for demolition of her building construc......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
Taleb Ali & others Vs. The State, 1988, 17 CLC (AD)
....e on the grounds raised before us and thus the impugned order does not call for any interference. The appeal is accordingly dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 240 ......Sefat is said to have made a gift of 6.66 acres of land in favour of the four sons of the deceased. It is alleged that Safiluddin who was a bad man used to torture, his father Sefat although he got a deed of gift from him in favour of his sons. Sefat died an unnatural death and Bourbi Bewa, Nazrul's..Category: Criminal Law | Date: | Hits: 32
Azizur Rahman Vs. Bhayetullah & anothers, 1988, 17 CLC (AD)
.... 1980 passed by a Single Judge of the High Court Division in revision restoring those of the trial court allowing pre-emption. . 2. The disputed transfer took place by a kabala dated 24 January 1961. Respondents (husband and wife) filed the appl......In view of the discussion above, the appeal is found to be without substance and accordingly dismissed without any order as to cost. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 224 ..Category: Procedural Law | Date: | Hits: 92
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....ition Act, 1899 and the E.B (Emergency) Requisition of property of property Act, 1948 for Companies firms and Industrial concerns had hitherto been made over to the requiring bodies under a deed of transfer allowing them to hold such land free of rent after realising capitalized value of Governm......d Acquisition Act, 1899 and the E.B (Emergency) Requisition of property of property Act, 1948 for Companies firms and Industrial concerns had hitherto been made over to the requiring bodies under a deed of transfer allowing them to hold such land free of rent after realising capitalized value of..Category: Property Law | Date: | Hits: 47
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....lower appellate court and the learned Judge of the High Court Division committed substantial error in holding that tenancy of Samad Ali continued and that under Ext, B(1) the Taluki interest only was transferred to Pitamber and this error has resulted in wrong decision in the case. Furthermore, the ......04 B.S. Ext B(1). Pitamber died leaving 3 sons from whom the property devolved upon Raj Mohan and others by inheritance. They exchanged their lands including the suit land with defendant No. 1 by a deed of exchange dated 22.2,64 (Ext.B) Defendant 1 is in possession of the suit land by virtue of th..Category: Property Law | Date: | Hits: 43
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
........................Respondents Judgment November 2, 1987. Result: The appeal is allowed. The Partition Act, 1893 (IV of 1893), section 4 The purpose of section 4 is to see that a transferee out sider does not force his way into a dwelling house in which other members of the tran......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ..Category: Property Law | Date: | Hits: 45
Amar Kumar Thakur & ors. Vs. The State, 1988, 17 CLC (AD)
....at the hands of others and the accused were falsely implicated. It was further suggested that Nanda Lai was a dealer in illegal Hundi Business, used to take huge money from others for illegal transfer and on one such occasion he was murdered by his own men, namely P.Ws. 1 and 7 who wanted ...... released forthwith if not wanted in any other connection. The appeal of appellant No.1 Amar Kumar Thakur is, however, dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 147. ..Category: Criminal Law | Date: | Hits: 80
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......in it is in Bangladesh which is to be taken as permanent residence because he owns a house and rent a flat and his mother lives here and his father is buried here. It is not by naked assertion but by deeds and acts that a domicile is established…………………(29) Cases Referred to- 28 D..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ......rcome the mischief arising from their default For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 109 ..Category: Tenancy Law | Date: | Hits: 112
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......old her interest in favour of Hajrat Ali by a kabala dated 30.9.59. In this way the appellants got 6.62 acres of land by purchase and inheritance. Further case of the appellants is that a partition deed was executed and registered between the plaintiff and Hajrat Ali in which the latter got 6.10..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....the defendant's document that will prevail of the plaintiff’s document and the defendant is in possession which was established on evidence. 13. It is well settled that in the case of successive transfers of the self-same property in favour of different persons by a common vendor by registered ......arned Counsel appearing for the defendant-appellant submitted that the High Court Division erroneously overlooked that the title of the defendant related back to 30.12.72 the date of execution of the deed of agreement for sale (bainapatra) followed by the delivery of possession on receipt of the ear..Category: Property Law | Date: | Hits: 118
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
.... enemy property the defendants, the heirs of Hemnalini could not execute, kabala. It was only the Custodian who could do it inasmuch as he stepped into the shoes of the owner itself with the power of transfer available to him on and from 2.1.65 which was conferred by amendment. In Ordinance No. 93 o......nsideration of Tk. 35, 000/- Hemnalini received Tk. 27,400/- as advance and executed a bainapatra and delivered possession of the property. It was stipulated that Hemnalini would execute a registered deed of sale within 4 years and give the possession of the rest of the property at that time. Hemnal..Category: Property Law | Date: | Hits: 47
Mohammad Mobarak Hossain and others Vs. Mohammad Mustafa Hossain and others, 1988, 17 CLC (AD)
....r 39 of the Code in an appropriate case for inspection and preparation of an inventory without giving any notice to the defendant. The plaintiff- respondent alleged that the defendants were trying to transfer and remove some of the scheduled properties and the Court passed the impugned order. The ap......rt Division correctly refused to interfere with the discretionary order passed by the lower court. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 20 ..Category: Civil Law | Date: | Hits: 94
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