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Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....ot their names mutated with the Government some time in April, 1974. In the meantime some small construction, though not a complete structure, was made, and the appellants tried to transfer part of the land for which they sought permission from the government which, however......on of a lease at Tejgaon Industrial Area by the Government, it has been held that the cancellation of the lease in terms of one of its clauses will not by the mere fact of the cancellation of lease deed on the breach of a covenant for re-entry authorise the lessor to take forcible possession of ..Category: Property Law | Date: | Hits: 53
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....is appeal by special leave is directed against the judgment and order of the High Court Division in Writ Petition No. 400 of 1978. 2. Respondent F. H. Chowdhury challenged the order of transfer of his service to M/S. United Planters and Traders Ltd. His case was that he was appointed......t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....as if they had been issued in. favour of the corresponding new bank. (5) If any suit, appeal or other proceeding of whatever nature in relation to any business of the undertaking which has been transferred under Article 6 is pending by or against the existing bank, the same shall not abate, be......tions of whatever kind then subsisting of the existing bank in relation to the undertaking within the territory of Bangladesh. (4) Unless otherwise expressly provided by this Order all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments..Category: Banking Law | Date: | Hits: 129
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ..Category: Tenancy Law | Date: | Hits: 116
Abdul Quddus Vs. Sec., Cabinet Secretariat. Establishment Div., Govt. of BD & ors, 1981, 10 CLC (AD)
....yees who participated in the war of liberation. Regulation 19 deals with the seniority of the existing employees and Regulation 20 deals with seniority on inter-departmental transfer but no regulation has been framed empowering the preparation of revised seniority......in the negative. In the result, therefore, this appeal is allowed and the impugned order is declared to be of no lawful authority. However, there will be no order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 94
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additional Subordinate Judge, Sylhet that suit was renumbered as Ti......rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....0,000.00 although the disputed property was sold at Tk. 84, 00,000.00 to the highest bidder. The disputed property, it has been asserted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sale deeds in question it is al......co-accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land and left it out to tenants. ..Category: Criminal Law | Date: | Hits: 51
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ...... of which he received in advance, Tk. 4,600.00 and promised to execute a necessary kabala on receipt of the balance and completing other formalities. He, however, failed to execute the necessary sale deed and ultimately denied the contract whereupon the appellant filed the suit on 14th April 1970 se..Category: Property Law | Date: | Hits: 64
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ...... as to how the decree was hit by any provisions of law and that the learned Judges ought to have held that the decree suffered from inherent legal infirmity inasmuch as in the absence of the contract deed, the measurement books and the accounts in support, of the plaintiff's claim, there was no basi..Category: Others | Date: | Hits: 103
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... to advance any general grounds of responsibility to its other members and members of the public for satisfying the dues of Mrs. Purviz Dalai, for under its own rules, by the date the application for transfer of the deposit to the High Court was made, the exact state of affairs should have been asce...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ter for consideration if the said shortage of Rs. 2,624-2-0 did not include the alleged advance of Rs. 1,300/- to Mr. Rahman Ghani. It is an admitted fact that Mr, Rahman Ghani was under order of transfer to Lahore in March 1958. He claimed Rs. 1,500/- as advance T. A. and one month's pay which ......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..Category: Anti-Corruption Laws | Date: | Hits: 142
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....stion of law is of general application. 4. The second proviso to section 10(2) (vii) reads thus: "Provided further that where the amount for which such building machinery or plant is sold, transferred or compulsorily acquired, whether during the continuance of the business or after the......ther any profit resulted therefrom. It cannot be disputed that if there was a sale with profit, the partnership firm is liable to pay income-tax on the difference between the price mentioned in the deed of sale and the written down value. The main ground on which the learned Judges of the High Cou..Category: Fiscal/Taxation Law | Date: | Hits: 82
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
.... of action given to the dependants mentioned in the said Act is a statutory right and is totally different from the cause of action vested in the deceased at the time of his death. The Act does not transfer to the said dependents the right of action which the person killed would have had but gives......ecessary, because, the Civil Procedure Code does not require the parties to plead the law. The suit was throughout treated by the defendants themselves as a suit under the Fatal Accidents Act and indeed it was on that basis that the defendant No. 1 took the objection as to the form of suit on the ..Category: Others | Date: | Hits: 124
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....roperty by keeping the municipal taxes in arrear in contravention of the terms of the security bond and purchased the said property in the benami of defendant No. 5 and thereafter managed to create a transfer deed in the benami of defendant No. 4 who were his relations. 4. The suit was contested ...... J.—This appeal by special leave, at the instance of the plaintiff, arises out of a suit for realisation of a sum of Rs. 62,265/- and odd on the basis of an equitable mortgage on deposit of title deeds. 2. The case of the plaintiff is that the defendant No. 2, M. Sekandar Ahmed, who is a co..Category: Banking Law | Date: | Hits: 230
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....and order of High Court of West Pakistan, Lahore, dated the 3rd June, 1965 in Writ Petition No. 4/R of 1963) Judgment Salahuddin Ahmed J.— This appeal is by special leave and it concerns the transfer of an evacuee house No. P.1024, Asghar Hall, Rawalpindi City. 2. The appellant, who is c......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ..Category: Property Law | Date: | Hits: 61
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ..Category: Banking Law | Date: | Hits: 112
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....e time before 1965 the said defendant No.1 left for India; that after the war of 1965 the suit land became enemy property and the same vested in defendant Nos. 2 and 3. That defendant No.1 did not transfer the suit land to the plaintiff, did not accept any consideration and did not grant any rec......e of the witnesses and delivered the huts to the plaintiff on receipt of the consideration money and duly signed the receipt evidencing receipt of the amount on 14-2-49. Since the receipt is not a deed of title it could not confer title to the plaintiff under, the provision of section 54 of the ..Category: Property Law | Date: | Hits: 53
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... Civil Revision No. 5020 of 1991. The leave has been granted on the submission made by the learned counsel for the appellant that the learned Single Judge of the High Court Division has misread the deed of Waqf and disturbed the decision of the District Judge who is the appellate authority in re..Category: Trust/Waqf Law | Date: | Hits: 209
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....nder section 24 of the Non-Agricultural Tenancy Act, 1949 by the respondents (pre-emptors) in the appeals against the respective appellant (pre-emptees) in the respective appeals in respect of the transfer that took place on 27th July, 1978. 2. Pre-emptor’s case, in s......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..Category: Property Law | Date: | Hits: 55
....red documents and other papers we are of the view that the Government had no scope to challenge the right and title of the petitioner society at such a later stage in the year, 1997 while the deed of transfer was executed in the year, 1952.
(e) that the respondents illegally evicted the allottee......embers of the Society and thereupon Government allotted 25 acres of land from the land which was earlier acquired by the Government and delivered possession thereof in July, 1952. The Government by a deed of conveyance of October l956 registered in November, 1956 conveyed the land for the considerat..
Category: Property Law | Date: | Hits: 54
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