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Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
.... of 1970. 2. Respondent No.1 filed the Misc. case for pre-emotion of a land sold under a kabala dated 18-6-70 alleging that he was a co-sharer of the land but was not given any notice of the transfer to a stranger. The transferee, Who is the appellant here, contested the application conte......re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....on of India, 1957 SCA 660. This case related to the constitutionality of section 5(7-A) of the Indian Income Tax Act which empowered the Commissioner of Income Tax and the Central Board of Revenue to transfer any case from one ITO to another. The question raised here was whether provisions of the se......rned Attorney-General also relied on observations as occur in the same judgment. "We are not unmindful of the fact that a very wide discretionary power has been conferred on the Government and, indeed, the contemplation that such wide powers in the hands of the execuÂtive may in some case be mi..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....y. By its order dated April 5, 1974 the service of all officers of various enterprise of the scale of Tk. 600/- and above were placed under the administrative control of the Corporation and were made transferable within too Corporation. As the appellant was drawing a salary of Tk.1, 600/- in the sca......lised enterprise it is allowed by the Corporation to manage its affairs according to the rules of its constitution, that is, its Memorandum of Association and Articles of Association or agreement or deed under which it was originally created, it may be said that such company or enterprise has maint..Category: Employment/Service Law | Date: | Hits: 104
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....The trial Court found the Will genuine and granted Letters of Administration. On appeal a Division Bench of the High Court Division held that by virtue of the notification of 3rd December, 1965 the transfer even by a Will was prohibited, and so the prayer for grant of Letter of Administratio......rt, in that, the decision of the High Court is confirmed subject to this modification that the suit shall remain stayed so long the suit property. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 39
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
.... after hearing the Attorney General of the Government of Bangladesh. 8. The main ground for challenging the legality of the proceedings before the special Martial Law Court number, 11 is that the transfer of the case from the Court of the Sub-Divisional Magistrate to the special Martial Law Cour...... Karim, a brother of the deceased, lodged information in the Motijheel P.S. accusing the appellant for the murder of his wife Saleha Begum. In the course of investigation, on the prayer of the police deed body of the victim was disinterred and another post-mortem was held by a Board consisting of Dr..Category: Constitutional Law | Date: | Hits: 292
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....ower of attorney is not a document which requires to be compulsorily registered under the law, but he further says if such power of attorney empowers a person to execute a deed of sale of any kind of transfer or sale of immovable property that power of attorney requires registration under the law, T......e Bhattacharjees went to India and as they coÂuld not return, by a General Power of AttorÂney dated 9.4.56 (Ext.4) they appointed one Ansaruddin Biswas as their attorney who subsequently executed a deed of sale in favour of the plaintiff on 8.10.56 and that the plaÂintiff thus became the owner of..Category: Others | Date: | Hits: 128
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
.... 3. Facts relevant for disposal of the appeal are that the pre-emptor respondent No. 1 filed an application claiming to be a co-sharer in the holding and prayed for preemption of the transfer of .45 acres of land dated October 25, 1965 made by respondent No. 3 Abdul Huq Sarker in f......ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ..Category: Property Law | Date: | Hits: 73
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
.... as the same was granted, it-v would be produced for registration of the sale-deed. On December 9, 1964, defendant No. 2 came to the plaintiff's village and demanded possession of the property transferred to him claiming that he purchased their land on the basis of the kabala executed by th......leave arises from a judgment of the High Court Division in First Appeal No. 38 of 1969 dated August 28, 1974 reversing that of the Subordinate Judge and dismissing the suit for cancellation of sale-deed dated February 7, 1964 on declaration that it is fraudulent, illegal and void. 3...Category: Property Law | Date: | Hits: 75
Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......ired 8 annas interest by purchase from the Khajanchi Bari landlords by kabala Exhibit 1 (a) dated 812.1951 and also acquired the remaining interest by lease from the said landlords on the basis of deed of lease Exhibit 2 series. Thereby be acquired 16 annas interest in the disputed land and..Category: Property Law | Date: | Hits: 47
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ...... the ground of deÂfault and bonafide requirement of members of his family and for reconstruction of the damaÂged frontal portion of the building thereof. The respondent was a monthly tenant under a deed of agreement dated 1st May, 1968, rent was fixed at Tk 851/- per month payable by the 7th day o..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....nger son respondent No. 2. Mahtabuddin Miah, Leave was granted to examine the question whether the learned Judge of the High Court Division was correct in holding that a subsequent transferee from a person claiming benefit under a document executed by a pardanashin lady was not f......al leave arises from the judgment of a Single Judge of the High Court Division setting aside the concurrent judgment of the Courts below decreeing the suit brought by the appellant and cancelling a deed of perpetual lease coupled with a sale deed, executed by the mother Meher Afzan Bibi in favour..Category: Property Law | Date: | Hits: 57
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....der the impugned judgment and decree dated 9 December, 1980. 2. Plaintiff-appellant filed other Suit No. 241 of 1964 in the Court of Munsiff, Cox's Bazar for redemption of the suit land which was transferred by him to the defendant-respondent under a registered instrument dated 11 November, 1953......ahman, learned AdvoÂcate for the appellant has contended that the High Court Division's Interference with the lower appellate court's finding that the transaction fn question made under a registered-deed, Exhibit-A", dated 11 NovÂember, 1953 is a usufructuary mortgage, is not based on proper consi..Category: Property Law | Date: | Hits: 58
Lebu Mia Vs. Ganesh Chandra Nath and others, 1982, 11 CLC (AD)
....al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220.......al below and remit the case back to the said Court of appeal below for its disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 220...Category: Property Law | Date: | Hits: 65
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....whether, in a case for pre-emption under Section 96 of the State Acquisition and Tenancy Act, 1950, the pre-emptor, a contiguous land holder, is entitled to preemption of the whole if the land transferred consisting of seven plots out which hit land is contiguous to only two of such plots. ......concurred with that decision the pre-emptee has come in this appeal before us. 2. Facts of this case need not be reproduced in detail as these are not disputed either. By a sale-deed dated 27 August, 1971 the land in question was transferred whereupon the respondents file..Category: Property Law | Date: | Hits: 66
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....t against the Judgment of the Judge, Prize Court, High Court Division. 2. On April 28 1979 the appellant filed an application before the prize Court, for 9 direction for allocating and transfer of the Prize Fund of the proceedings in Prize Suit Nos.1-5 of J965, 6-7 of 1965 and 17-30......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....nctions, It is a tribunal, although it is not a Court in the technical sense of the word. 25. In the case of Hari nagar Sugar Mills Vs Shyam Sundar, AIR 1961 SC 1669, the question was relating to transfer of share and registration thereof under Companies Act, and an appeal lying to the Central G...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or comÂpulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....The plaintiff had no money at that time to purchase the property. Premises No. 25. 23A and 23B, Dum Dum Road, Calcutta were the paternal houses of the defendant and when her sisters wanted to transfer their shares the defendant purchased the same with her own money. Similarly, the defendant......d in schedule ‘B to the plaint; and for a farther declaration that the defendant (appellant) has no fight, title, interest and possession In foe said properties on the basis of the deeds taken in her name. The plaintiff made an alternative prayer for khas possession if he be foun..Category: Property Law | Date: | Hits: 448
Habibur Rahman Vs. The State, 1982, 11 CLC (AD)
.... a criminal case pending in an ordinary Criminal Court the Regulation in clear language provided that power. For instance clause (2) of Regulation 3 empowers the Chief Martial Law Administrator to transfer a case from one Martial Law Court to another Martial Law Court or from a Criminal Court or......retrial is set aside and the order of the Special Tribunal dated 1-8-1975, allowing the withdrawal is restored. Consequently the petitioner stands acquitted under section 494 Cr.P.C. Ed. ..Category: Criminal Law | Date: | Hits: 46
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....bt to respondent No. 2 and that non co-operation of respondent No. 1 in holding the Board's meeting resulted in a state of deadlock for which appellant No, 2 was responsible as he had proceeded to transfer shares without prior approval of the Board as specifically required under the original Art......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
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