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Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....shads, some nominated members, such as woman and some official members. The Ordinance (59 of 1982) also provided for re‑organisation of the general administration of the country at Upazila level by transferring some powers and functions of the Government to the Upazila Parishads. These functions w......t (Upazila Parishad and Upazila Administration Re‑organisation) (Repeal) Ordinance, 1991 (Ordinance No. 37 of 1991), subsequently made into an Act, Act No. 2 of 1992. This repealing Ordinance/Act indeed repealed the Local Government (Upazila Parishad and Upazila Administration Re‑organisation) O..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
.... were lying with the UCBL (respondent No. 1) could be attached. The case of Respondent No. 1 was that the judgment‑debtor deposited those share certificates with the bank with a blank deed of transfer duly signed by the judgment‑debtor to adjust the outstanding liability in part by de......od at Tk. 69,93,579.60 on 31.3.87 and on the date of application it increased to about Tk one crore. The judgment‑debtor No. 2 deposited his 25,000 share certificates to the Bank with a blank deed duly signed authorising the Bank to adjust the liability in pan by disposing of the same. He d..Category: Business or Commercial Law | Date: | Hits: 124
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....espondent No. 4 caused an advertisement to be made in a newspaper offering sale of the said plot. The appellant Qazi Kamal agreed to purchase the same at a consideration of Tk. 9 lakhs provided the transfer of the plot with construction thereon was approved of by the then DIT. Consequently, resp......ts was issued to him by the former DIT on 14.9.79. On payment of one instalment on 8.10.79 respondent No. 4 was given possession of 9 kathas 13 chataks of land of the said plot on 24.10.79. A lease deed for 99 years was executed between the former DIT and respondent No. 4 on 26.4.80 and was regi..Category: Property Law | Date: | Hits: 110
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....ome land from said Mohendra by kabala dated 13.4.62. This respondent No. 2 purchased the land in his own name and for his own benefits and has been possessing the same. Thereafter respondent No. 2 transferred the case land to the pre‑emptee, Momtaz Ali Karikar by deed of release dated 13.3......2 purchased the land in his own name and for his own benefits and has been possessing the same. Thereafter respondent No. 2 transferred the case land to the pre‑emptee, Momtaz Ali Karikar by deed of release dated 13.3.74. According to the pre‑emptor, although the deed in question has..Category: Property Law | Date: | Hits: 106
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....ely holding that such addition will not prejudice either of the party in this case. 2. Facts of the case briefly are that the predecessor of the appellants instituted Title Suit No. 41 of 1980, on transfer renumbered as Title Suit No. 629 of 1985 of the Court of Subordinate Judge, Sunamganj, for ......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....tive Bank Ltd., Defendant No. 2 (respondent No. 3 herein). After the death of Rajeshwar defendant No. 2 colluded with defendant No. 3 Most. Amena Khatun (respondent No. 4 herein) and made a collusive transfer of the suit property in her favour though they had knowledge about the contract with the ap......ury (since deceased and substituted by his sons defendant Nos. 1 (Ka) and 1 (Kha). He proposed to sell the property to plaintiff-appellants for Tk. 12,000.00 and on receipt of Tk. 3,000.00 executed a deed of agreement Ext.1 on 7.9.56 and it was registered on 9.9.56. It was agreed that the sale deed ..Category: Property Law | Date: | Hits: 82
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....examined five witnesses to prove their respective cases. 7. In view of the pleadings of the parties, the main question for determination was whether by the impugned kabala, Ext. 1 plaintiff transferred 0.50 acres of land or by fraud and collusion defendant No, 1 inserted 1.50 acres of lan......tary evidences on record disposed of the material controversy in disputed holding, inter alia, that there was no over‑writing or insertion in the impugned kabala; that PW 4 Gias Moharar, the deed writer who stated that he only saw one schedule In the disputed kabala did not depose truthful..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....as due to the aforesaid injuries which were antemortem and homicidal in nature. 8. PW 13 Abdul Kader Khan, CI took up the investigation of the case and examined all the witnesses and on his transfer PW 14 ATM Shamsul Alam, SI submitted the charge‑sheet. 9. The prosecution exam......elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 61
State Vs. Divisional Special Judge, Khulna Division and anr, 1992, 21 CLC (AD)
....her the High Court Division correctly interpreted section 4(3) vis‑a‑vis section 10(3) of the Criminal Law Amendment Act, 1958 holding that a Senior Special Judge got no jurisdiction to transfer a case from the court of a Divisional Special Judge. 2. Special Cast Nos. 13, 14, 1...... aside and it is held that the Senior Special Judges got power to transfer the cases which they had earlier transferred to the Divisional Special Judge. The appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 118
BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
.... that neither in the agreement for sale nor in the schedule of properties nor in the inventory it had been specifically mentioned that the goodwill and trade mark were also included as subjects of transfer, The learned Judge, however, found in favour of the respondents holding that the industria...... not given either to Ujala Match Factory or to Sattar Match Works when in 1978 the Sattar Match Works at Lama was disinvested by the Government and the same was purchased by respondent No. 2 as per deed of agreement for sale dated 13.10.78. 8. It appears that on 17.12.79 registration was ..Category: Intellectual Property Law | Date: | Hits: 227
....cle 4 of which provided that "on the commencement of this Order, all abandoned properties in Bangladesh shall vest in the Government and shall be administered, controlled, managed and disposed of, by transfer or otherwise, in accordance with the provisions of this Order". As M/s Drums Metal Ltd. was...... and liabilities of the abandoned industrial concerns. Annexure ‘B’ to the affidavit‑in‑opposition of respondent No. 3 contains the Enterprise Profile which specifically mentioned that "lease deed is available with us. 20 (twenty) years lease will expire in 1984".
14. After the appell..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ......nt December 12, 1991. Result: The appeal is dismissed. The Registration Act,1908 (Act XVI of 1908),Section 47 The Transfer of Property Act,1882 (Act IV of 1882), Section 53A A sale- deed which is registered will relate back to its own date of execution not of any date of prior bain..Category: Property Law | Date: | Hits: 73
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......d whether such arrangement is binding upon the parties. He contended that the learned Judges of the High Court Division took an erroneous view as to the non‑production of the original copy of the deed of the family arrangement notwithstanding the explanation that was given." 7. During..Category: Property Law | Date: | Hits: 52
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ...... and secondly, whether in the redemption proceeding the unregistered Ekrarnama alleged to have been executed by the plaintiffs predecessors should have been relied upon in the face of a registered deed as according to the plaintiff the defendants created a false unregistered Ekrarnarna for recon..Category: Civil Law | Date: | Hits: 106
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ion on the Westminster model it does not follow that the Parliament of a territory cannot by ordinary enactment alter the jurisdiction and powers of any court named in the Constitution' and that 'any transfer of the Supreme Court's jurisdiction, other than that conferred by the Constitution, is well......2) devised riddance. Shedding a lighter burden of judicial review and then overburdening the High Court Division with appeal on facts and law would have been a curious intention of the Constitution indeed. Administrative Tribunals have been established all over the common law countries primarily to ..Category: Administrative Law | Date: | Hits: 203
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ...... in his written statement that the plaintiff received summons of the said suit on 14‑6‑83 but the plaintiff did not appear. The suit was decreed ex parte on 30‑5‑84. A sale deed has been registered through the Court on 5‑2‑85. 4. One Monowara Sulta..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....btained a deed of release, Ext. 7 from plaintiff No. 2, the only heir of Krishna Lai. But by the impugned order the Additional Deputy Commissioner, Barisal treated the deed of release as a deed of transfer, forfeited the disputed 4.19 acres of land of the deed, and imposed a fine of Tk. 100.00 o......ff No. 2 was impleaded as a proforma‑defendant as his father Krishna Lai Kundu was not then alive. As the disputed lands were recorded in the name of his benamder, plaintiff No. 1 obtained a deed of release, Ext. 7 from plaintiff No. 2, the only heir of Krishna Lai. But by the impugned ord..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....it No. 197 of 1977. 2. Plaintiff‑respondent No. 1 filed the aforesaid suit, originally numbered as Title Suit No. 68 of 1974 in the Third Court of the Subordinate Judge, Dhaka and on transfer to the Fourth Court renumbered as above praying for a declaration that the decree dated 20......espect of the suit property is void and not binding on the plaintiff, that the kabala dated 23.2.73 obtained through court in Title Execution Case No. 32 of 1972 is null and void and that the sale deed dated 8.3.73 executed by defendant No. 1 (respondent, No. 2) in favour of defendant No. 2 (app..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....ation of reconveyance embodied in the deed being prima facie an indication that the transaction is a mortgage; and (vii) purchase of stamps and payment of registration costs, the same, if done by the transferee, being indicative of a sale. 9. Both the trial Court and that appellate Court below ca......ee of the lower appellate Court in second appeal. 2. The appellants' case is that their father Isobullah gave the suit land in kot mortgage to the defendant‑respondent Mahmud Ali by a registered deed dated 25th October, 1928 Ext.1 for a sum of Rs. 200/‑. At the time of mortgage the suit land ..Category: Property Law | Date: | Hits: 63
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