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Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....court, which held the sale, having had no jurisdiction to entertain the proceeding in execution of a decree passed by the original side of the Calcutta High Court without a valid order of transfer by the court which passed the decree, the entire proceeding in execution was a nullity an......ng directly affected by such a sale. 17. On a perusal of the provision of the Code, as contained in Order 21, rule 90, it is clear that the meaning of the word 'interests'' mentioned therein may indeed be very wide and may be kind of interests, but in order that such an interest may be affected b..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....and. The dispute, if at all, is a fine question of law, as to whether the conversion of a proprietorship concern into a private limited company, is a case of succession or a transfer of the title. No doubt this is a question of title, and the High Court rightly......5, informed the Secretary, Ministry of Industries (Industries Division), that the said Ministry had cancelled the lease of plot No. 158, A-B. Tejgaon Industrial Area under clause 16(i) of the lease deed, for violation of clauses 10 and 11 thereof and so all the properties vested in the Gover..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....t in the properties in the suit. The suit has been contested by Respondents No. I and 4 and 7 to 9, who have filed a joint written statement asserting that the power of attorney is genuine and the transfer effected on the strength of the same is valid and lawful. 3. On 28-8-74, the plain......ecessor, issuing a commission for examination of two witnesses in India. 2. The appellants have instituted a suit in a Court of Subordinate Judge at Dacca for a declaration that a deed of exchange in respect of certain immovable properties, purported to be executed in favour of ..Category: Civil Law | Date: | Hits: 108
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....e succession had vested." 48. From the above Text it appears that widow shall have a right of enjoyment of her husband's property, during her life time but shall have no right to transfer or encumber the property in any way, and after her death, the property shall go to the hei......;erved that in the context of the conflicting Texts and the absence of any positive provision relating to forfeiture of a widow's interest in her husband's property on remarriage 'it would indeed be bold" to lay down the only reason why a widow inherited under the Hindu law on the de..Category: Property Law | Date: | Hits: 59
Serajuddin Bepari & ors Vs. Mizanur Rahman & ors, 1977, 6 CLC (AD)
.... must claim, inter alia, a legal right, and allege an injury which is not ordinarily reparable by monetary compensation; with these observations, these petitions are dismissed. Ed. ......nded that the land was recorded in the S. A. Khatian as a secular land and not a wakf property at all. 4. The trial court found, that the plaintiffs had succeeded by producing a registered deed of wakf dated 1.4.66 in proving the creation of the wakf, and that it was enrolled as wakf Est..Category: Civil Law | Date: | Hits: 106
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ...... of the respondent as the Professor and Head of the Department of Economics and Business Administration of the University was taken to be a contractual one in view of the fact that the execution of a deed of permanent contract was contemplated. Under section 18(a) of the Act of 1958 under which the ..Category: Employment/Service Law | Date: | Hits: 170
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......t Lane within Police Station Sutrapur, Dacca originally belonged to one Upendra Kumar Roy and his co-sharers from whom the appellant acquired 16 annas interest on the basis of two documents namely, a deed of lease dated 8. 8. 1956 and a deed of sale of rent receiving interest dated 9.8.1956 consti..Category: Tenancy Law | Date: | Hits: 76
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ...... of sub-plots out of the said road and allotting those to others adversely affect those connections and is illegal. It was also submitted that respondent could not violate the covenant in the lease deed and was thus estopped from creating new sub-plots depriving the petitioners from enjoying the..Category: Constitutional Law | Date: | Hits: 138
Abdul Khaleque Vs. State, 2001, 30 CLC (AD)
....police station the accused persons along with others came to the house and said that they would compromise the matter. Consequently, a Salish was held and it was decided that the two accused would transfer .15 acre of land to the son of Asia Khatun, Accordingly, when a sale deed was being prepar......d that they would compromise the matter. Consequently, a Salish was held and it was decided that the two accused would transfer .15 acre of land to the son of Asia Khatun, Accordingly, when a sale deed was being prepared on 17-4-90 police came to the spot and the accused persons fled away. An UD..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)
....our of Sayeda Reba Habib and received part of the consideration money. After his death, his heirs received the balance money and executed sale deed, in favour of Sayeda Reba Habib who subsequently transferred the case holding in favour of the respondents who have been in possession since then, I...... of the respondents was that the case holding originally belonged to one Md Shamsuddin who got the same as per lease agreement of 1953. He possessed the same for 12 years and thereafter executed a deed of agreement for sale on 11 December 1970 in favour of one Syeda Reba Habib for consideration ..Category: Property Law | Date: | Hits: 57
Abu Taher Vs. Nur Muhammad and others, 2001, 30 CLC (AD)
....ticles of Association of the company thereby submitted “E” form of the company to the Registrar, Joint Stock Companies showing, inter alia, that respondent No. 3 Mr. Mostafa Kamal have transferred his 10 shares to Managing Director on 4-5-1983 as a consequence of that Mr. Mostafa Ka......e register of the company. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 88. ..Category: Business or Commercial Law | Date: | Hits: 97
Rajdhani Unnayan Kartipakhya and another Vs. Mohshinul Islam and another, 2001, 30 CLC (AD)
.... The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 79. ......cted a house thereon and resides there with the members of his family. Many other allottees have also constructed residential houses in the Uttara Model Town. The layout plan attached to the lease deed provided vacant space for park, play ground, community centre, school etc but subsequently the..Category: Property Law | Date: | Hits: 56
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
....he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ......est of the petitioners filed the aforesaid case under section 96 of the State Acquisition and Tenancy Act for pre-emption of the case land on the allegation that he is a co-sharer on the basis of a deed of gift and that the pre-emptee purchased the suit land on the basis of a registered deed of ..Category: Property Law | Date: | Hits: 65
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
.... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
....ntioned in schedule “C” of the plaint was false, fraudulent, collusive without any consideration and void and to have those deeds delivered up for cancellation. The said suit was later transferred to the court of Subordinate Judge, Narayanganj and renumbered as Title Suit No. 490 of ....... The facts, in short, are that the predecessors of the present respondent Nos. 1-4 filed Title Suit No. 493 of 1980 in the court of the Subordinate Judge, 2nd Court Dhaka for declaration that the deed of sale dated 4-6-1940 by Izzatunnessa Bibi in favour of Mohiuddin Ahmed and further deed of s..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)
....pugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 55 ......ase is that, the said holding was originally leased out to one Enayetulah Khan by the Government on 25-7-1960. Thereafter the said lessee sold the said property to Bibi Homaira by a registered sale deed dated 11-6-1968. Thereafter while in such title and possession Bibi Homaira sold the same to ..Category: Property Law | Date: | Hits: 69
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... families purchased the suit property from defendant Nos.3 and 4. 4. Trial Court decreed the suit by judgment and decree dated 30-9-1989. Title Suit No.633 of 1982 was also transferred to the First Court of Subordinate Judge and renumbered as Title Suit No.109 of 1983 and......aforesaid Title Suit against the petitioners and other respondents for specific performance of contract for sale of the suit property with further prayer for execution and registration of the sale deed and delivery of possession of the suit property after evicting the defendants other than the v..Category: Property Law | Date: | Hits: 64
Mohammad Ali Vs. ADC (Revenue), Dhaka & others, 2001, 30 CLC (AD)
....therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ......therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 27 ..Category: Property Law | Date: | Hits: 47
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....hana Hossain was a defendant in Title Suit No.177 of 1984 in the Fourth Court of Subordinate Judge, Dhaka. The suit was for specific performance of contract for sale of house at Pallabi, Dhaka. On transfer to the Court of 2nd Subordinate Judge, Dhaka the suit was renumbered as Title Suit No.255...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
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