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Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....in question subject to payment of levy and taxes as payable under the Customs law." 22. The High Court Division, it is clear, made no real endeavour to appreciate the legal effect of a transfer by endorsement in a bill of lading generally and its utility to the Customs Authority in th......ansclear SA" and this change evidently needed fresh permission from the Bangladesh Bank for remittance of US.$ 1,25,000 (said to be the price for 5000 metric tons) which Mr. Ahmed does not dispute, Indeed the respondent's banker, Agrani Bank applied for such permission in reply to which Bangladesh B..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....he claimed pre‑emption. His claim was resisted on the ground of acquiescence and waiver but it was rejected and pre‑emption was allowed. 8. It is true, the right of pre‑emption accrues after transfer of the land, and statutory right of pre‑emption cannot be taken away by mere verbal assur......le. 2. Appellant is brother's son of the two vendors, Mariam and Alimunnessa, daughters of the recorded owner, late Abbas, who was the appellant’s paternal grand father. By two registered sale‑deeds dated, 9.5.73 and 10.5.73, Mariam and Alimunnessa sold their shares in the paternal property t..Category: Property Law | Date: | Hits: 70
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
.... keeping in view the principle of Muslim Law as to gift to a minor by his guardian. We may refer to section 155 of Mulla's Principles of Muhammadan Law which reads as follows: "No transfer of possession is required in the case of gift by a father to his minor child or by a gu......ersing the judgment and decree of the trial court arising out of a suit for declaration of title and recovery of khas possession. 2. Plaintiff claims title in the suit land on the basis of a deed of gift executed by Keramat Ullah in his favour on 13th Poush, 1360 BS corresponding to 28.12..Category: Property Law | Date: | Hits: 56
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....from 18th February, 1985 but he refused to accept that promotion on 30th May, 1985 on the ground of his union activities. The Bank confirmed his promotion, and, by an order dated 23rd September, 1985 transferred him from its Head office at Dilkusha Commercial Area, Dhaka‑2 to its Naya Paltan Branc......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....k. 3,000/= to the plaintiff who now seeks leave to appeal from the said judgment. 2. The consideration which weighed with the High Court Division in allowing the appeal is that the suit was transferred from the 4th Court of Subordinate Judge, Dhaka to the 2nd Court of Subordinate Judge, D......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 99
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....ion 2(11) of the CP Code. In a nutshell, the decision in the previous case, in their opinion, needs to be reconsidered. 6. Section 105 of the TP Act says that lease of an immovable property "is a transfer of a right to enjoy such property". This section is quoted below. "105. A lease of immo......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......ct is well founded in law and binding upon the Wakf Estate and the plaintiffs. The Revenue Officer on taking accounts from the Mutwalli of the Wakf Estate and on consideration of the terms of wakf deed has allowed 17.65 acres of land for religious and charitable purposes out of the total Wakf la..Category: Others | Date: | Hits: 142
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....ny asset or source of income in taxable territories or through or from any money lent at interest and brought into taxable territories in cash or in kind, or through or from the sale, exchange or transfer of a capital asset in taxable territories shall be deemed to be income accruing......pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 114
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....pur, 359) a Single Judge of the Nagpur High Court has held that an order for costs passed by the debt relief court can not be executed by the Civil Court as in the Act there is no provision for the transfer of business for the Civil Court from the Debt Relief Court was not a Civil Court though p......; No. 50 of 1967. It was stated therein that, in terms of the solenama, the pre-emptee Rehena Begum delivered vacant possession of the purchased land as per description, mentioned in her sale deed to the pre-emptor who in his turn entered into possession thereof on the date of filing the s..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
.... inherited by his adopted son Pyari Lal Pal. One Ashraf Hossain Md. Asim got this property from the said Pyari Lal on the basis of a registered deed of exchange dated 18-5-60. Md. Asim thereafter transferred the property to the plaintiff by means of a registered deed of sale dated 25-3-61. The d......belonged to one Priya Nath Pal. After his death it was inherited by his adopted son Pyari Lal Pal. One Ashraf Hossain Md. Asim got this property from the said Pyari Lal on the basis of a registered deed of exchange dated 18-5-60. Md. Asim thereafter transferred the property to the plaintiff by m..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... that there was a valid dedication, nonetheless the dedication aws not acted upon. 17. He has further submitted that the Trial Court was in error in taking the possession of Kibria with his transferees in deciding the point of limitation. He submits if the wakf is valid, then Kibria's tr......li and for khas possession thereof. The lands in dispute belonged to Mokhlesur Rahman who and his three brothers were recorded in the R. S. Khatians as korfa tenants. He, by a registered deed of Wakf, executed on the 4th of Falgoon, 1288 M.E. dedicated the disputed land along with some..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ...... pro forma defendants in the said suit had been causing damages to the properties and had been attempting to misappropriate the said properties on the plea of false and fraudulent kabalas or exchange deeds and that the applicant defendant being Assistant Custodian of Enemy Property was entitled to..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
.... judgment-debtor Belayet Ali. No objection to attachment order was made until 30. 4. 65, even though the Executive Engineer was notified earlier on 29. 9. 62. The Executive Engineer was directed to transfer the attached amount to Court on 8. 7. 64 and 16. 7. 64. He sent a letter in reply declini......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Ayub Ali Howladar Vs. Election Tribunal Bagerhat, Khulna and others, 1976, 5 CLC (AD)
.... in this Division. We do not find any error in the conclusion of the Tribunal, nor in the decision of the High Court Division. The appeal is therefore dismissed with costs. Ed. ......in this appeal. The Tribunal however on evidence found that there was no proper counting, because of insufficiency of light. In support of his finding, he took into consideration that more than 50 deed and absent votes were shown to have been cast in favour of the appellant. He held, the returni..Category: Others | Date: | Hits: 101
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....old is an immovable property of the certificate-debtor, no attachment need be made before the sale. On the service of notice under section 7, the consequences following from it are first: any private transfer of any immovable property in the district where certificate is filed is void and secondly, ......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....ct Judge" used in Section 29 of the East Bengal Premises Rent Control Act, 1953 were considered by the Dacca High Court. The question was whether the District Judge who was invested with a power of transfer of appeals, even though that power of transfer is restricted to such judicial officer as ma......ubstituted as the Mutwalli of Salamat Mia Wakf Estate (enrolled as B.C. No. 4038) by an order of the Commissioner of Wakfs, East Pakistan on April 10, 1967. According to the terms of the registered deed of Wakf dated July 1, 1930 one Salamat Mia who is the Wakf, appointed himself the first Mutwa..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ......ho are the succession-in-interest of the mortgagor also stated that in view of the fact that the original mortgagee or the defendants had not brought any suit for foreclosure in terms of the mortgage deed the plaintiffs are entitled to a decree for redemption and for accounts of the usufructs of t..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......te on 11-4-74, setting aside the order of restoration of the Miscellaneous Appeal and dismissing the Miscellaneous Case No. 237 of 1970. The appellant, in the meantime, got the requisite deed of sale executed and registered through Court in Title Execution Case No. 69 of 1970 of the Co..Category: Property Law | Date: | Hits: 61
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....cil, making advance payments to the contractor in violation of all rules and disproportionate to the quantity of the work done, executing schemes without any approval of the authority concerned and transfer of money from other funds to the works programme for payment to the Contractor were a......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... Trust lodged a complaint before the Sub-Divisional Magistrate, Dacca alleging that the appellant had forged a proceeding of a meeting of the Board of Trustees purporting to authorise the transfer of Rs. 2, 80,000/- from the Provident Fund to the General Fund of the company, and sent a...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
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