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Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ...... Abdus Sattar contested the case by filing a written objection wherein it was stated that his maternal uncle Md. Ibrahim, who is a cousin brother of his mother, gifted the case land to him by Heba deed. 3. At the trial the pre-emptor examined two witnesses including himself and the pre-em..Category: Property Law | Date: | Hits: 56
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
..... 2 herein) as the holder of 200 paid-up shares and his minor son respondent No. 5 (respondent No. 3 herein) as the holder of 100 paid-up shares, further disclosing that appellant No. 1 transferred his 100 shares to Tofayel Ahmed’s wife the and that appellant No. 2 transferred h...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..Category: Business or Commercial Law | Date: | Hits: 118
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....979 among which Bhola College was one and it got the approval of the President for such nationalisation. In pursuance of the said Government decision the governing body of the Bhola College caused transfer of the college to the Government and the college was taken over by the Government as a nat......ve to Appeal No. 431 of 1992 filed by the respondent which is also barred by 353 days is disposed of. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 152, 48 DLR (AD) (1996) 75 ..Category: Constitutional Law | Date: | Hits: 174
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......r as her heir who on September 29, 1977 sold the same by a registered kabala to the petitioner’s vendor Moksed Ali from whom the petitioner on 11.5.79 purchased the same by a registered sale deed. But the said house having wrongly been enlisted as abandoned property the petitioner prayed b..Category: Property Law | Date: | Hits: 48
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......ase under section 7 of Ordinance No. 54 of 1985 for exclusion of the disputed house from the “Ka” list of the Abandoned Buildings stating, inter alia, that on the basis of a registered deed of Agreement and General Irrevocable Power of Attorney dated 28. 12.68, registered on 13.1.69,..Category: Property Law | Date: | Hits: 58
Khalequzzaman (Md) Vs. Md. Illias and others , 1996, 25 CLC (AD)
....nt on a December 1993 under Section 341/325/427/109 of the Penal Code, Respondents No.1 to 3 filed in the High Court Division an application under section 526 of the Code of Criminal Procedure for transferring the case from the court of Manikganj to any other competent court. It was alleged, int......le of adjudication ‘hear the order side’. The appeal is allowed and the impugned order, transfer is set aside. Ed. This case is also reported in: 48 DLR (AD) (1996) 52 ..Category: Criminal Law | Date: | Hits: 63
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....oration with a foreign company. BTL showed cause vide letter dated 19.1.92 stating that the system was not fully operational and that the stage had not arrived for obtaining permission of BTTB for transfer of licence in favour of the petitioner. Eventually BTTB issued Memo dated 31.3.92 under se......mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....riverine radio communications network, and (iv) paging system. In response to BTL’s query (Annexure C) BTTB by Memo dated 27.8.89 (Annexure C(1) clarified the written agreement stating that BTL can transfer a portion of the licensing right for joint venture purpose provided it obtains prior writte......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....t or immediate demand had already been made. 3. After making the aforesaid demands to pre-empt the suit land plaintiff No.1 approached defendant No.1 a few days later and asked her to transfer the suit land after receiving proper consideration from him, but she having refused the pl...... structures being merely chattels which could be easily removed from the land. 15. In the impugned judgment it has been noticed that the lower Appellate Court specifically found and, indeed, the learned Judge himself found that there are semi-pucca structures on the suit land. It is ..Category: Property Law | Date: | Hits: 84
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......r, PS Mohammadpur, Dhaka was allotted to Alimannessa alias Aliman, mother of the respondent-writ-petitioners by the then Government of East Pakistan by an allotment letter dated 16.6.1962. A lease deed was executed by the Government in favour of the said Alimannessa which was duly registered on ..Category: Property Law | Date: | Hits: 57
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....endant on him. Exhibit AI (2) related to 'Uma' schedule property and Exhibits AI (6), AI (8) and AI (11) show that the vendors were indebted to Jamiruddin. From this fact it was also found that the transfer by these documents was also due to the existing right of their father Jamiruddin. Great r......are to defendant No. 1 by a kabala dated 31st 'Jaistha' 1333 BS. Subsequently, on 10th 'Chaitra’ 1342 BS. Dasrath exchanged his share in this property with the defendant No. 1 by a registered deed. Accordingly, the defendant No. 1 came to own 16 annas title in lot No. 2 of schedule 'Ka'. H..Category: Property Law | Date: | Hits: 51
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....for Fakir used to work for Parashullah Fakir and expected that he would be given some property by his grand father. Accused Lutfor Fakir got a mental shock when he learnt that his grand father had transferred two plots of land including the homestead by gift in favour of deceased Dulal Fakir. In......ulal Fakir and Afsar in equal shares. But Afsar purchased land entirely in the name of Parashullah Fakir. Parashullah Fakir was annoyed at this and reconveyed this land to deceased Dulal Fakir by a deed of gift. After the death of Iman PW 2 Bano Bibi and her two children, including the deceased D..Category: Criminal Law | Date: | Hits: 62
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....Evidence Act is subject to the important qualification that a tenant is not estopped, either before or after the expiration of the lease, from contending that the landlord's title has terminated by transfer or otherwise. Furthermore, nothing could be shown from the records to preclude the defend......Chittagong Municipality. Admittedly, one Bimala Bala was the original owner of the two premises. The plaintiffs case was that in 1944 he took lease of both the premise on the basis of a registered deed of lease for a period of 9 years which expired in 1953. There was a renewal clause in the said..Category: Property Law | Date: | Hits: 71
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ......ed the joint property and since then they possessed their respective properties separately in separate sahams after effecting a partition by metes and bounds. At that time, no specific document or deed was executed and registered by the parties and the partition, it appears, was effected orally ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......d Aulad Ali died leaving a daughter Zahuran Nessa @ Gedan Bibi. The defendant No.1 purchased the shares of Ashraf Ali from his two sons Abdus Sukur and Abdul Latif on the basis of a registered sale deed dated 15th Kartik, 1362 BS corresponding to 12th February, 1965 in the benami of one of his d..Category: Property Law | Date: | Hits: 59
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....t, their total lands would not exceed 375 standard bighas. They also deposited the entire amount of the consideration money with compensation and prayed for rateable pre-emption. 5. The two transferees-opposite parties, namely, Moniruddin Biswas and Sanaruddin Biswas, the present opposite......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
.... the order of the Additional Commissioner referred to above, the disputed new char which has appeared in the eastern bank of Tetulia river contiguous to a mouza Char Bedurial JL No. 64 PS Bhola is transferred to Bhola PS and will be managed therefrom. This has reference to your memo. No. 1276 da......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..Category: Property Law | Date: | Hits: 81
Keramat Ali and others Vs. Probhat Chandra Majumder, 1972, 1 CLC (HCD)
....ioners the order of conviction under sections 447 and 379 PPC cannot be sustained. This Rule is accordingly, made absolute. The order of conviction and sentence is set aside. Ed. ......complainant Probhat Chandra's father Chandra Kumar purchased CS Plot No. 661 of Khatian No. 60 of mouza Jamalpur PS Sudharam, Noakhali in 1921 from Gura Mia's widow Umeda Banu under the registered deed Ext. 1. Since then the complainant's father possessed the disputed land. After his father's de..Category: Criminal Law | Date: | Hits: 66
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......26-G of the Act whereby it was provided that all mortgages of the nature of a usufructuary mortgage shall be deemed to have been extinguished on the expiry of 15 years if no period is provided in the deed. The learned Subordinate Judge held that the mortgage deed executed in the year 1917 was exting..Category: Property Law | Date: | Hits: 82
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....ebaits have been given out of the income of the said property for their maintenance. The residue of the income, according to the deed, belongs to the deity. The Shebaits are not authorised to sell, transfer, mortgage or lease the property in any manner. From this document, therefore it is found ......same and, therefore, the Assistant Custodian was within his legal rights to ask Shuk Deb and others to vacate the said property. 5. The petitioners produced before us a certified copy of the deed of endowment dated the 14th of May, 1914 by which it is alleged that the property in question..Category: Property Law | Date: | Hits: 76
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