Search Options
Judgment Advanced Search
Displaying 2521-2540 of 2768 results.
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....sfer of Property Act. This section is a species of a rider to the principle section which is section 105, and which defines what a lease is, section 105 says that a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpe...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ..Category: Property Law | Date: | Hits: 69
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......-tax Act, 1944 was taken by the Respondent-assessee, the Mutwalli of a Wakf Estate, Md. Haider Ali Khan Panni of village Karatia P. S. Tangail, District Mymensingh. He created a Wakf-al-al aulad by a deed on 23rd Pous, 1340 B.S. (corresponding to 7th January 1934) and supplemented by another deed ..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....eedings before a Martial Law Court has been protected from being challenged before any court, including the High Court and the Supreme Court…………….(21) The power of the Government to transfer a case, by amendment made by Regulation No. XXXII of 1976, has been given to the Chief Mart......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
Dr. Mozammel Huq Chowdhury Vs. Chief Martial Law Administrator and others, 1980, 9 CLC (AD)
....ijheel P. S. Case No. 70 of 1978 filed the aforesaid writ petition challenging the legality of the order of the Chief Martial Law Administrator published in Gazette Extra Ordinary date May 24, 1978 transferring Motijheel Police Station Case No. 70 under section 302/20/193/197 B.P.C to the Special ......to show that the order of transfer has been made with mala fide intention. For the reasons stated above, the Petition is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 100. ..Category: Criminal Law | Date: | Hits: 58
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ent April 26, 1979. The Constitution of Bangladesh, 1972, Article 102 The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 Irrespective of the nature of the transfer, any transfer which is a transfer in the eye of law, subject to the limitations laid down i......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)
.... 24, 1971 with effect from his date of appointment. He was promoted to the post of Executive Engineer/Divisional Engineer with effect from January 22, 1966 and thereafter on January 22, 1972 he was transferred and posted as Bridge Engineer, Dacca; the appellant submitted a representation against t......de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ..Category: Employment/Service Law | Date: | Hits: 77
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....ent 29 June, 1978 The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951), sections 96, 96(5)(b), 96(1) (5)(b). The pre-emptor must show that his land is contiguous to the land transferred, that is to say, it is touching the land transferred. Only then he can maintain his clai...... contiguous to the land transferred, that is to say, it is touching the land transferred. Only then he can maintain his claim………..(10) If more than one plot of land are transferred by a sale deed, a tenant having land contiguous to one of the plots, cannot lay his claim of pre-emption beyon..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ..Category: Tenancy Law | Date: | Hits: 69
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ..Category: Trust/Waqf Law | Date: | Hits: 196
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....ova Devi, wife of late Krishna Bandhu Nath (son of late Kamini Krishna Nath). The property comprised in E.P. Case No. 228/70-71 originally belonged to Gour Chandra Karmakar and others and then it was transferred to Krishna Sundar Majumder, who in turn, sold the same to Kamini Kumar Nath by a registe......ar Nath by a registered Kabala dated 27.10 43. Kamini Kumar Nath was in possession of the property since his purchase. Kamini Kumar mortgaged the property to Nath Bank (Pakistan) Ltd. by a registered deed of mortgage dated 28-12- 44. The Bank filed Mortgage Suit No. 84 of 1954 in the Court of Subord..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....er for the arrest of the accused in appeal from acquittal; and section 428 confers the power to take further evidence or direct it to be taken. Section 526 provides for the power of the High court to transfer a case from a subordinate criminal court to another such court or to withdraw to itself a c...... by an executive officer in his administrative capacity. In the case reported in AIR 1946 P.C. 169 in this regard held "Moreover a Special Magistrate is not a court inferior to the High Court and indeed not a court at all and therefore the High Court has rot power of revision under sees. 435 and 4..Category: Criminal Law | Date: | Hits: 66
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..Category: Others | Date: | Hits: 119
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....t for disposal of the appeal, in short, are that the respondents 1-9 filed a pre‑emption case under section 96 of the State Acquisition and Tenancy Act, 1950 for pre‑emption of the land transferred under the kabala dated March 14, 1972 for a consideration of Rs. 5,000.00 which was reg......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......e house of contesting defendant were being used by plaintiff as the westernmost wall of her house. The contesting defendant purchased RS plot No. 798 eleven years ago and his predecessor obtained his deed on 27.4.38. The building of the plaintiffs father was shown as the eastern boundary of the purc..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......y was monthly tenant in respect of the premises in question, carrying on business there and paying rent regularly to its owner Alhaj Md. Ashraf Ali for last 22 years. This landlord, by two registered deeds dated 2 November, 1987, sold away the premises to the Petitioners, Alhaj Mirjahan and Alhaj Md..Category: Tenancy Law | Date: | Hits: 71
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
....nt's case, in short, is that holding No. C/56, 3rd Colony, Mirpur, Dhaka was allotted to one Md. Hussain by ADC (Relief), Dhaka on 29.1.65 by an agreement of lease. The lessee Md. Hussain on 21.8.70 transferred the house to Md. Khalil Miah for a consideration of Taka 6,000.00 and mutated his nam......ents namely, the kabala and the indenture of lease of agreement and wrongly held that the property was an abandoned property on the basis of mere comparison of the signature appearing in the lease deed with the kabala. It appears that the learned Judges while summarily rejecting the writ petitio..Category: Property Law | Date: | Hits: 63
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
....tended for the convenience of the co-sharers of a holding of land, for prevention of fragmentation of such a holding, and also for the convenience of the tenants holding land contiguous to the land transferred. But it is also a clog on transfer of property. Any provision of law barring a claim o...... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ..Category: Property Law | Date: | Hits: 72
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....er the High Court Division is well founded in law in refusing pre-emption in full on a finding that the land of the Pre-emptor, who is a contiguous land-holder, is not wholly contiguous to the land transferred. The impugned Judgment of the High Court Division is dated 4 July 1985 in Civil Revisio......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....25.5.78 in Miscellaneous Case No. 274 of 1976 dismissing the pre-emptor-respondents' application for pre‑emption under section 24 of the Non-Agricultural Tenancy Act, seeking to pre-empt the transfer made by respondent Nos. 2 and 3 to the appellant by kabala dated 4.10.74 which was registe......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ..Category: Property Law | Date: | Hits: 85
12611260125712541251124812471242124112391236123412311228122712261219121712131203