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Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
.... 1944 (Exhibit B) executed by Beloka Sundari. It has also been averred by the plaintiff that Beloka Sundari in the absence of any necessity of money for the purpose for which in law she could make transfer of the property left by Narayan Chandra, son of Balaram Chandra had transferred 67 ½......would establish the necessity alleged, but it is well established that such recitals cannot by themselves be relied upon for the purpose of proving the assertions of facts which they contain. Indeed, it is obvious that if such proof were permitted the rights of reversionary could always be d..Category: Property Law | Date: | Hits: 47
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......e placed before the High Court Division, the High Court Division found that the original lessee Ahmed Hossain was in possession till his death and he sold the case land to Abul Hashem by registered deed of sale dated 8-2- 1973 and later was in possession till his death on 13- 6-1985. The said po..Category: Property Law | Date: | Hits: 46
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....p; Administrative Tribunal having no authority to pass an order of stay of transfer, the High Court Division also cannot exercise such power……(10) ...... and conditions of service, the Constitution requires him to take recourse to the specific remedy provided in Article 117 of the Constitution. Violation of terms and conditions of service may indeed be a violation of law, but if a specific remedy is provided in the Constitution for remedy th..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..Category: Tenancy Law | Date: | Hits: 76
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....d leaving brother’s sons Abdul Majid and Wazuddin as her heirs. Wazuddin died leaving the plaintiffs as his heirs and Abdul Majid died leaving defendant Nos. 1 to 10 as his heirs. Kulsum and Banesa transferred their shares to plaintiff Nos. 2 to 4. Thus the plaintiff claimed 1.6359/60 acres of lan......her son Ofazuddin died during the lifetime of Syed Ali. They claimed that the auction was not set aside and remained valid. Kulsum Bibi transferred 0.48 acres of land to Jamal Khan and others by sale deed dated 29 Jaistha, 1329 BS and the purchasers subsequently sold the same to others who are in po..Category: Procedural Law | Date: | Hits: 114
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......ant. Jana Jiban Dutta died leaving a daughter Kiran Bala. Kiran Bala embraced ‘Islam’ and took the name of Khairunnessa. She sold the suit premises to the plaintiffs-respondents by two registered deeds of sale both dated 8-9-74. The plaintiffs terminated the tenancy by a registered notice under ..Category: Tenancy Law | Date: | Hits: 70
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....o be reinstated with full arrear dues up-to-date. The short fact stating, inter alia, that the petitioner, appointed as a Stenographer was absorbed and promoted to the rank of Branch Manager and on transfer to join his place of transfer allowed 7 days time but due to illness of the mother and on...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ......e High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 14. ..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
....er the entire file and record were misplaced and could not be traced out from the office of the Deputy Attorney-General and, as such, he could not file the revisional application. Subsequently, after transfer of Mr Hasan to Jessore Bench Sajjad Ali Chowdhury was appointed as Assistant Attorney Gener...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ..Category: Procedural Law | Date: | Hits: 121
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......ng completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated 22-09-1994………..(21 & 23) Section 14 A of the (..Category: Civil Law | Date: | Hits: 77
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....nder accepted by the defendant-respondent on 28-5-1985 in respect of holding No. 68, Motijheel Commercial Area, Dhaka from Mr. Altaf Hossain is illegal, collusive and void. Thereafter the suit was transferred to 1st Additional Assistant Judge Court, Dhaka and renumbered as Title Suit No.7 of 199......ff No.1 on 25.05.1971; that Abdul Khaleque Bain started taking consideration money from the plaintiff No.1 after executing said Bainapatra; that Abdul Khaleque Bain failed to execute necessary sale deed infavour of plaintiff No. 1 and as a result of which plaintiff No.1 filed Title Suit No. 206 ..Category: Property Law | Date: | Hits: 54
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......er under section 26A "The application for renewal of registration has not been filed within time. In the absence of account it is also not ascertain-able whether the terms of partnership deed in sharing the profit has been fulfilled. The claim for renewal of registration is rejected&qu..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......he appellant alone. On the appellant's case that he had become 16 annas owner of the premises on the basis of the family arrangement; it was held that such a claim of ownership without a registered deed could not be sustained as no title passed to the appellant. A question was raised before the ..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
.... proof will apply in a suit where the executants herself is either the Plaintiff or the Defendant of the suit, being a pardanashin lady. The rule cannot be extended to any other person other than the transferor or the executants, who is herself a pardanashin lady…………..(26) In the present ......n Bibi. Sujan Bibi died on 12th May, 1945. A few months before her death, she made three dispositions which are under challenge. On 13-2-1945 she made a gift of some of her properties by a registered deed to her two grandsons though her predeceased daughter, defendants 1 and 2. On 13-2-45 and 3-4-..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....Management and Disposal) Order, 1972 (XVI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of transfer executed by the owner and the holding never abandoned by the owner before, forcible evictio......ontrol, Management and Disposal) Order, 1972 (XVI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of transfer executed by the owner and the holding never abandoned by the owner before, forcible..Category: Property Law | Date: | Hits: 67
Abdul Jabbar Khan @ Jabbar Khan & ors Vs. State and another, 1980, 9 CLC (AD)
....4, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), Section 190, 204, 192(2), 528(2)(4) If the complaint is in writing the examination of the complainant will be done by the transferee Magistrate but if he has already examined the complainant, the transferee Magistrate is......oned in the original complaint petition and sent up for trial by the police and he will be guided by the principles enunciated above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 247 ..Category: Criminal Law | Date: | Hits: 60
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....Order Nos. 88 and 136 of 1972 and 24 of 1973 are all valid legislations, effecting necessary amendment in the E.B.S.A. and T. Act and those laws cannot be challenged on the ground of ultra-virus. Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance ......f any amendment such expression could have been supplied by the Court as cause omisus. Even Lord Wensbydale who propounded the golden rule of construction stated: "In construing wills and indeed statute and all written instruments the grammatical and ordinary sense is to be adhere to..Category: Property Law | Date: | Hits: 85
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....all these properties coming within the scope of the Order shall vest in the Government on the commencement of the Order on 28-2-1972 and shall be administered, controlled, managed and disposed of, by transfer or otherwise, in accordance with the provisions of the Order………………………(5) ......ion the appellant brought Title Suit No. 95 of 1975 in the Court of Sub-ordinate Judge, Dacca, impleading the Government of Bangladesh, which was decreed ex-parte on 5-12-77 and in execution a sale deed was registered through Court. Earlier to that on 17-10-77 Martial Law Regulation No. VII of 197..Category: Constitutional Law | Date: | Hits: 157
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......ut this exemption will not apply to a case where so much of the income as remaining unexpended during the previous year………….(6) "Income applied" meant the income set apart in the wakf deed and not the income actually spent by the Mutwalli…………….(7) The unexpended amo..Category: Fiscal/Taxation Law | Date: | Hits: 85
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....stered Kabala dated 18.9.70. On 6.1.1971 Respondents 1-4 filed a pre-emption case being Mise. Case No. 4 of 1971 under section 96 of the State Acquisition and Tenancy Act for preemption of the said transfer on the ground that they are the co-sharers by purchase from Respondent No. 5 Jogendra Kisho......f a Court but the decree is for specific performance of contract entered into by the parties. What is done under the decree is that a recalcitrant party to a contract is compelled to execute the sale deed for which he has earlier bargained to sell. That being the position the character of the sale r..Category: Property Law | Date: | Hits: 57
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