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Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....r PO No. 27 of 1972 it already vested in the Government and that this vesting could not be questioned in any court of law. Government, however, indicated that the enterprise might be disinvested or transferred to the respondents if they could establish their claim that they are owners of the maj......ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ..Category: Property Law | Date: | Hits: 65
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....3,22,600.00. The money was deposited on September 18, 1989. The lease deed was registered on October 21, 1989. On the very next day i.e. October 22, 1989 the lessees sought permission of the RAJUK to transfer plot No. 49 in favour of Janata Publishers Ltd., (hereinafter referred as JPL) for a total ...... to four different groups. Plot No. 49 was allotted to Md. Shahinur Islam, Md. Sadeque and Akhtara Begum at a total price of Tk. 23,22,600.00. The money was deposited on September 18, 1989. The lease deed was registered on October 21, 1989. On the very next day i.e. October 22, 1989 the lessees soug..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....aracter which he has put up after incurring expenditure. In such an event the transaction ceases to be a mere licence at will but may in certain circumstances amount to a license coupled with a transfer of interest or at any rate a case where the licensee acting upon the licence has executed......rentiation in law can be made between a trespasser and a person de facto in possession but who has no title to be in possession of property, however bonafide, he may claim that he has a fide: indeed. I have difficulty, with all due deference, in apprehending what is meant by the expression &..Category: Property Law | Date: | Hits: 80
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
.... document dated 2.10.80. The pre-emptor-respondent Nos. 1 and 2 filed Miscellaneous Case No. 17 of 1981 in the court of the Assistant Judge, Manikgonj for pre-emption of the case land. The case was transferred w the court of Assistant Judge, Daulatpur Upazila and re-numbered as Miscellaneous Case......the court of Assistant Judge, Daulatpur Upazila and re-numbered as Miscellaneous Case No 21 1984. Their case was that the pre-emptee-petitioner was not a co‑sharer in the case holding and the deed of gift was a pre-emptible one. Among other defences the pre-emptee-petitioner contended that ..Category: Property Law | Date: | Hits: 56
Abdul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 1974, 3 CLC (AD)
....29-8-59 holding that the proceeding is bad for defect of parties as Amena, sister of Somartaban Bibi was not made a party and that it was time barred as the appellant had knowledge of the transfer long before the alleged date and that it abated against some of the heirs of opposite part......is allowed; the judgment and order of the High Court are set aside and that of the learned Munsif are restored. In the circumstances of the case there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....; Mahmud Husain J.—This appeal which arises out of an application for preemption is at the instance of the transferee. It is against. a judgment of a Division Bench of the erstwhile High Court of East ......cribed form on ail the co sharer tenants of the said holding who are not parties to transfer. In the present case the respondent by virtue of his purchase under a registered deed became co-sharer of the holding, so the appellant had to comply with the provision of se..Category: Property Law | Date: | Hits: 60
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....ety, but their names were struck off merely on their application that they had sold away their interests to other persons, namely opposite parties Nos. 7-11; no paper was also shown for the alleged transfer. It was further found that the transferees, namely opposite parties Nos. 7-11, had given n......petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ..Category: Banking Law | Date: | Hits: 106
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......led Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala before its registration. Thereafter, he withdrew the case on 27.1.75 and, after obtaining certified copy of the registered deed on 4.2.75, instituted the present case for pre-emption on 17.2.75. The pre-emptor being a con..Category: Property Law | Date: | Hits: 85
Eastern Insurance Co. Ltd. Vs. D B Deniz Nakliyati TAB and others , 1994, 23 CLC (AD)
....laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ......laim in an appropriate Court as already indicated by the Admiralty Court. All the four petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 185 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 218
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......ed and registered through court. He obtained delivery of possession through court on 8.5.66 in presence of the defendants. Proforma defendant 3 made a gift of the suit premises by a registered deed of gift on 9.4.70, in favour of the plaintiffs. Proforma‑defendant 3 after acquisition o..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised IndÂustries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....certificate and all other documents. Respondent failed to return the said Mill w the Bangalee, share‑holders. It was further alleged that the petitioner has apprehension that the Mill will be transferred to a third party at the instance of certain interested quarters. Accordingly, it praye......argued that the High Court Division had erred in granting the relief, inasmuch as the Government had revised its earlier order and it ought not have issued the writ. Secondly, it was argued that no deed of transfer was executed and as such no right was available to the respondents. 6. Ther..Category: Constitutional Law | Date: | Hits: 157
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....ispensation he exercises all powers and for him to exercise any power no enumeration is necessary. In the case of State Vs. Haji Joynal Abedin 32 DLR (AD) 110 question arose whether the CMLA could transfer a case from a Criminal Court to a Martial Law Court retrospectively when there was no clea......eedings of a Martial Law Court is an essential part of the original proceeding which is unknown to the ordinary procedure of trial of criminal cases as under the Code of Criminal Procedure, 1898. Indeed, there is no provision for review, whether in course of the original proceeding or after the ..Category: Constitutional Law | Date: | Hits: 174
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....the Ordinance to evict the defendant tenant. Section 18 (2) reads as follows: "That fact that the period of the lease has expired, or that the interest of the landlord in the premises has been transferred shall not of itself be deemed to be a satisfactory cause within the meaning of clause ......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......thin the said jurisdiction. 4. The trial Court rejected the petition on 5.10.93. The High Court Division in refusing to interfere with the said order had to say this: "From the perusal of the deed of agreement it appears that the agreement was for the supply of money and tea by both the side..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....h .06 acres was later on derequisitioned. After finally acquiring 1.182 acres by a Gazette notification dated December 2, 1963, possession was given to respondent No. 1 on April 2, 1963 and a deed of transfer was executed and registered between the respondent company and the Government on September ...... dated July 10, 1983. For the purpose of setting up a coconut oil, coil and other allied industries at Barisal respondent No. 1 was settled with 8.30 acres of Government Khas land and necessary lease deed was executed and registered on November 2, 1962. As respondent No. 1 required some more lands i..Category: Property Law | Date: | Hits: 69
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ......d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ..Category: Property Law | Date: | Hits: 79
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
....y passed the impugned order on 29.9.88 releasing the respondent from his permanent service. A copy of the said release order is annexed as Annexure E. 5. Further case of the respondent is that on transfer of Col. (Retd.) Syed Shahabuddin from the office of Chairman of the Corporation, Mr. Habibu...... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....nce to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery." 6. On the facts proved it is found that Amatunnessa transferred her entire interest to the appellant by the kabala executed and registered by herself o......eal No. 48 of 1979. 2. Accused-respondents were put on trial before the Sessions Judge, Bogra, to answer a charge under section 467 read with section 34 of the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellant. Facts are, that accused Am..Category: Criminal Law | Date: | Hits: 61
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ...... a suit for specific performance of contract, namely, Title Suit No. 1441 of 1981 from the 4th Court of Subordinate Judge, Dhaka against the said Dr. Sadrul Hasan and that the petitioner obtained a deed of sale through Court in execution thereof, the petitioner challenged the inclusion of the sai..Category: Property Law | Date: | Hits: 77
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