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Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ...... 4. This was a raiyati holding recorded in C.S. Khatian No. 197 of Mouza Bhotal, P.S. Faridganj. It belonged originally to Abhoy Chandra Dutta. After his death, Raman Chandra Dutta, his son, by a deed of gift dated 23rd May, 1949 gave the raiyati holding in his jote to his 3 sons, namely, Dakhin..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....f 1989. (From the judgment and ordered dated 20.2.89 passed by the High Court Division, Dhaka in Civil Revision No. 742 of 1987). Judgment ATM Afzal J.- Appellant is a judgment debtor in an execution case, being Money Execution Case No.791 of 1986 of the Court of Subordinate Judge and Comm......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ...... His citizenship was restored and he died in Bangladesh in 1976. The appellant received delivery of possession of the said property and afterwards leased it out to the Parjaton Corporation vide lease deed dated 9.12.76, Annexure 'C. The lease was terminated in 1980 and since then the appellant has b..Category: Property Law | Date: | Hits: 54
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ...... was filed on 30.11.74. It was contended that the pre-emptor opposite party No. 1 had no opportunity in deposit the balance consideration with statutory compensation within four months of the dale of sale, because the petitioners themselves filed their written objection much later. It was contende......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......for ad interim injunction in the facts and circumstances of the case. 2. Facts in brief are as follows: — Plaintiffs filed a suit being Title Suit No. 88 of 1988 for a declaration that the lease deed dated 24.2.86 executed by the Siddheswari Boys High School Managing Committee in favour of Mess..Category: Civil Law | Date: | Hits: 130
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....t affect his right to sue. The Limitation Act nowhere says that no suit may be filed when the defendant is outside India." In that case the suit was filed on a promissory note seven years after its execution, the defendant having gone over to Ceylon two years after executing the said note and di......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......excluded in computing the period of Limitation." 22. We have considered the only decision cited by Mr. Pal, 7 DLR (FC) 170, which does not say anything contrary to what has been noticed above. Indeed it is no authority in support of the contention of Mr. Pal that a restricted meaning should be ..Category: Procedural Law | Date: | Hits: 132
The Dhaka Dyeing and Manufacturing Co. Ltd. Vs. Agrani Bank, 1990, 19 CLC (AD)
....d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ......import pass book issued by the C.C.I.E. could not be a security for the purpose of banker's general lien within the meaning of section 171 of the Contract Act because it is neither transferable nor saleable nor the same is a goods under the Sale of Goods Act. 5. Mr. M. Nurullah, the learned cou......d and disposed of by 30th November, 1989. 8. With the above observations, this appeal is disposed of without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 60 ..Category: Banking Law | Date: | Hits: 99
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
.... of a modern progressive Society, an educational institution is regarded as a temple of learning. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 59. ......urt's decision. The impugned order of the High Court Division is dated 21 May 1986 made in Civil Revision No. 785 of 1982 (Barisal). 2. Widow Manikko Bewa sold property No.1 Schedule 'Ka' by a sale deed dated 19 March 1926 to the predecessor of respondent No.1. She gifted away property No. 3 ...... decision. The impugned order of the High Court Division is dated 21 May 1986 made in Civil Revision No. 785 of 1982 (Barisal). 2. Widow Manikko Bewa sold property No.1 Schedule 'Ka' by a sale deed dated 19 March 1926 to the predecessor of respondent No.1. She gifted away property No. 3 in Sc..Category: Family Law | Date: | Hits: 157
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ......e first two plots and she possessed .08 decs, of land of C.S. Plot No. 19. Plaintiffs case is that the heirs of Sonabi Bewa transferred the said lands to Ram Charan Ramani by a registered deed of sale dated 20.12.46 who in turn made a transfer to Mvi. Mohammad Elahadad on 22.3.47 except a smal......High Court Division have committed substantial error of law in failing to direct to identify and demarcate .2125 acre of C. S. Plot No. 17, as had been purchased by the defendant Nos.1 and 2 by their deeds dated 4.1.54 and 5.1.54 out of land of Schedule 'A' to the plaint and to allot a saham of 1062..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......ight of application under section 4 of the Partition Act subsists.………………….(11) When an applicant's prayer is allowed under section 4 of the Partition Act it involves a kind of forced sale for the stranger-purchaser. And hence the Court would in equity determine the valuation of the ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 .......-Appellant was the defendant in Title Suit No. 9 of 1981 of the Second Court of Subordinate Judge, Mymensingh. That suit was instituted by the respondent for specific performance of contract for sale of the suit property. By filing a written statement the appellant denied that there was any con......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..Category: Property Law | Date: | Hits: 38
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......l Ordinance and in view of the admitted facts and the materials on record that the defendant No.3 who was taken in as a partner in the business by the defendant Nos. 1 and 2 under a duly registered deed of partnership, became a tenant under the plaintiff by operation of law and no decree for evict..Category: Criminal Law | Date: | Hits: 47
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....n such erroneous view. The learned advocate-on-record for respondent No. 1, on the other hand, submitted that the plaintiff having already transferred the land in favour of his brothers even before execution of kabuliyat he was not entitled to an order of injunction. 7. The High Court Division ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......, Government Acquired Estate. It is found from order dated 11.2.81 that there was a local enquiry and it was found that the appellant had transferred the settled lands to his brothers by registered deeds long ago and they had been enjoying the interest and produce since the transfer. The appella..Category: Property Law | Date: | Hits: 29
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
.... record, by P.Ws. 1, 2, 3, 4 and 5 that appellant Mir Ali Khandakar never possessed the P.O. land and that the kaun was grown by the deceased Afzal Hossain. He may or may not have done it in spite of execution of the decree in the partition suit and in spite of an order of temporary injunction, bu......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....n of the Respondent nor was there any material to show that the appellant were about to remove the lighterage front the jurisdiction of the Court at Chittagong with an object to obstruct or delay the execution of the decree that might be passed, and so there could be no order of attachment before ju......of the trial Court, and dismiss the petition for attachment before Judgment of the Plaintiff. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 112. ......, it has been asserted in the plaint, that the payment of damage instead of bank guarantee. This fact though made in the plaint was not mentioned in the petition for attachment before judgment. Indeed the petition is very sketchy. The defendants have not filed any written statement as yet but ha..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123....... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......21.4.51 on the basis of which the appellant claimed to be co-sharer. At this the said Delwar Hossain gave another kabala in respect of the said lands executed by his wife named Rokeya and made over a deed of relinquishment dated 1.5.36 in the name of his wife Sakhina Khatun executed by his brother, ..Category: Property Law | Date: | Hits: 33
Abdur Rahman @ Abdul Rahman Vs. Maklis Ali and another, 1978, 7 CLC (AD)
.... Court are set aside and that of the trial Court restored. As there is no appearance on the other side, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 118. ......Kemaluddin Hossain CJ.- The question involved in this appeal is whether the pre-emption petition filed under section 96 of the State Acquisition and Tenancy Act earlier to the registration of the sale deed under pre-emption is competent. The trial Court held that subsequent registration of the......uddin Hossain CJ.- The question involved in this appeal is whether the pre-emption petition filed under section 96 of the State Acquisition and Tenancy Act earlier to the registration of the sale deed under pre-emption is competent. The trial Court held that subsequent registration of the Kaba..Category: Property Law | Date: | Hits: 34
Debaranjan Sen & others Vs. Md. Abdus Sabur and others, 1978, 7 CLC (AD)
....ts. The contention of Mr. Ali is of substance and must be sustained. In this result we dismiss the appeals but without any orders as to costs, with the modification that instead of a decree for execution and registration of deed of lease, it shall be for execution and registration of the deed ......tions require any elaborate consideration. The learned Judge of the High Court has upon a detailed discussion on the contract has held it to be a contract for exchange, which means the contract for sale and no leave having been granted on this question, the application of section 75A or for that m......uilding within the Municipal area of Khulna town. Both parties agreed to transfer their properties and agreed to exchange their properties by a devise of permanent lease, each exchanging by a lease deed in favour of the other. Both parties executed to contract for the purpose. One was executed by ..Category: Property Law | Date: | Hits: 32
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......artial pre-emption barring the right was considered in a case under section 96 of the Act wherein the pre-emptor has claimed pre-emption in respect of five plots out of eight plots conveyed under the sale deed. 16. In this case further question for consideration was whether it is necessary to im......l pre-emption barring the right was considered in a case under section 96 of the Act wherein the pre-emptor has claimed pre-emption in respect of five plots out of eight plots conveyed under the sale deed. 16. In this case further question for consideration was whether it is necessary to implead..Category: Property Law | Date: | Hits: 32
Commissioner of Income Tax, Chittagong Vs. Mst. Safiya Bai, 1978, 7 CLC (AD)
....n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ......n of the applicants as the question has been rightly answered by the High Court. Therefore, the appeal is dismissed without costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 41. ...... wife Safiya Bai, three minor sons Roshan Ali, Mustaq Hussain and Iqbal Husaain and two minor daughters Khairunnessa and Sarina. With a view to continuing the existing partnership on March 31, 1958 a deed was executed between the surviving partner Abul Hussain Sulemanji, Saiya Bai and her five minor..Category: Fiscal/Taxation Law | Date: | Hits: 85
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