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Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......late Amir Ali Mia who was the Mutwalli of Salamat Mia Wakf Estate at Rajshahi and eligible for the Mutwalliship of the Wakf Estate in terms of the Waqfnama. 4. One Salamat Hossain created a Wakf deed dated 1.7.30 and the Wakif was the first Mutwalli. After his death Amir Ali Mia, the brother's ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......expressly said that the Appellant's interests were not affected, it was a mistake in method to read the general words of the decree as covering those very interests by reference to the mortgage deed and erroneous to direct execution of the decree passed in the absence of the Appellant, so as..Category: Property Law | Date: | Hits: 48
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....lf on the basis of purchase from one Mohammadullah. He contended that the original owner, Gagan Ali, did not sell the premises to the appellant under any kabala, like Ext.1. but Gagan Ali made oral transfer of his interests including possession of the suit-land to Mohammadullah and that it is ......ne Gagan Ali was admittedly its owner in possession. 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
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....es as it may make in this behalf or to use or otherwise deal with such land in such manner as it thinks fit: Provided that no land shall be settled with a person unless he is a person to whom transfer of land can be made under section 90: Provided further that in making settlement of......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ..Category: Property Law | Date: | Hits: 37
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
....exercised where there has been misrepresentation of the 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 registeired or registration has been refused. Where the Co...... 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)
....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 transferred holding. 4. The appellants resisted the pre-emption proceeding on the ground that the......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
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....), section 38 and rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
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)
....18-9-69 he had purchased 520 shares of the Respondent company (Respondent No.2) from Kamala Kanta Chakraborty who executed 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 obtain......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
Governor, Bangladesh Bank & others Vs. Shamsul Huda Khan and another, 1975, 4 CLC (AD)
....circular") which was issued by the said Bank on the 9th April, 1973. 2. The aforesaid circular provided, inter alia, that the seniority of the Coin/Note Examiners and Typists who have already been transferred to the general side as clerks Grade-II should count from the date of their appointment a......rightly declared by the High Court Division to be without jurisdiction and of no legal effect. The appeals are dismissed, but without any order as to cost. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 87
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....l. 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. The petition is by the he......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)
....ty to acquire by purchase an immovable property which has been sold to another person. 4. The right of pre-emption or 'shufa' means a right to be substituted in place of the transferee of some immovable property by the exercise of such right, that is, a right to acquire by...... 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)
....urt. 2. Appellant’s father Amrita Lal Biswas and another, Shailendra Lal Dey, filed the suit being Title Suit No. 468 of 1957 in the Third Court of Munsif, Barisal which was, on transfer to the 6th court of Munsif, Barisal, renumbered as Title Suite No. 71 of 1961, against the......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)
.... a deed of perpetual lease dated December 16, 1952 from defendant No. 1 in respect of the entire property including the minor plaintiffs' shares. But as there was no legal necessity for transfer of the property the plaintiffs, it is contended, are not bound by the deed of lease. Plain......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)
....ali Bhai who, in his turn, sold the entire 'A' schedule property with standing structures thereon to Mrs. Fatema Begum on January 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 ......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
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
....s Welfare Trust statutory body set up under the provisions of President's Order No. 94 of 1972.The respondent was employed by the appellant as the Public Relations Officer. The Respondent was transferred from the Tabani Beverage Co. Ltd. to Model Electrical Engineering Corporation, another ......pellant, a statutory body, is amenable to be impugned in the writ Jurisdiction of the High Court Division. The appeal, therefore, is dismissed without any orders as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 112
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....f Association of the Company states that the Company is to be a private company and the number of members of the company for the time being would not exceed 50 (fifty). 4. Prior to the transfer and acquisition of the properties, rights, interests and assets of Pakistan National Oil ......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
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....plication the defendants alleged, inter alia, that pro-forma-defendant No. 3, that is the vendor of the plaintiffs did not deposit the entire purchase money to the Society and he transferred the suit land in favour of the plaintiffs in violation of the agreement with the ......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....gnored by the Civil Court in a pre-emption case on the ground of irregularity in passing the order. Respondent No. 1 filed an application under Section 96 of the Act, for pre-emption of the transfer effected by his co-sharer (respondent) No, 2) in favour of the appellants, who are strang......e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 49
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
.... of the disputed land measuring 2.23 acres out of Plot No. 227 of khatian No 74 on the ground that he is a co-sharer in the kabala land that was executed on 26.3.58 without serving any notice of transfer and as such he is entitled to pre-empt the same. 3. The appellant-purchasers opposite......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ..Category: Property Law | Date: | Hits: 48