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Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
.... on behalf of a Paurashava is not in conformity with law, or is in any way against public interest, the Prescribed Authority may, by order- (a) quash the proceedings; (b) suspended the execution of any resolution passed or order made by the Paurashava; (c) prohibit the doing ......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..Category: Election Law | Date: | Hits: 118
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ......Muktagacha. Subsequently Abdul Hakim, son of Suruj Khan, purchased the zamindari interest in the suit land and other lands from the Moharaja. He also acquired subordinate Taluki interest at a court sale and brought the land under his khas possession. In 1350 B.S. he leased out the suit land to def......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Dipok Kumar Sarker Vs. The State, 1988, 17 CLC (AD)
..... The State 39 DLR (AD) 194 a similar delay of more than 2 years and 6 months even was not considered to be an extenuating circumstance although it was held that in some cases inordinate delay in the execution of the death sentence may be considered a ground for commutation. 20. In the case of Na......onment for life. In the result, therefore, the appeal is dismissed but the sentence of death is commuted to imprisonment for life. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 139 ...... seem to be a hardened criminal. He confided to his mother about his crime on the very morning following the occurrence. It is in evidence that at every stage thereafter he did not try to hide his misdeed. In view of all this and in the view already taken in the aforesaid case (Nausher Ali vs. State..Category: Criminal Law | Date: | Hits: 61
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ......in it is in Bangladesh which is to be taken as permanent residence because he owns a house and rent a flat and his mother lives here and his father is buried here. It is not by naked assertion but by deeds and acts that a domicile is established…………………(29) Cases Referred to- 28 D..Category: Immigration and Citizenship Law | Date: | Hits: 214
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ......ecorded in the names of five persons Babu Khan had 8 annas share; Miajan Khan and Alimuddin Khan had 3 annas and odd each; and Baru Bibi and Chutu Bibi had 1 anna and odd each. The holding was put to sale for arrears of rent in 1938. It was purchased by eight persons-three sons of Babu Khan, four so......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ..Category: Property Law | Date: | Hits: 36
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ......old her interest in favour of Hajrat Ali by a kabala dated 30.9.59. In this way the appellants got 6.62 acres of land by purchase and inheritance. Further case of the appellants is that a partition deed was executed and registered between the plaintiff and Hajrat Ali in which the latter got 6.10..Category: Property Law | Date: | Hits: 34
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
.... purchase Vender's guard, Hasumia, was in possession, but as he refused to deliver the possession, he filed Title suit No. 5 of 1950 and took deliver) of possession through court on 27th May, 1951 in execution of a decree for eviction, passed in that suit. 3. Thereafter the plaintiff possessed th......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....nt's document that will prevail on the plaintiff’s document and the defendant is in possession which was established on evidence. A document that has been registered relates back to the date of its execution and when the question of title as between the two contestants claiming on the basis of suc......ave was granted to consider the question when the possession of the defendant is established and when the evidence was led to show that the plaintiff himself was present at the time of negotiation of sale to the defendant whether the High Court Division was correct in reversing the concurrent findin......arned Counsel appearing for the defendant-appellant submitted that the High Court Division erroneously overlooked that the title of the defendant related back to 30.12.72 the date of execution of the deed of agreement for sale (bainapatra) followed by the delivery of possession on receipt of the ear..Category: Property Law | Date: | Hits: 118
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......e "rightful purchaser of a vessel of the Shipping Corporation named M.V. Banglar Doot, as the highest bidder” and further that the defendant Corporation and its officers "are bound to implement the sale of the vesel to him" in terms of their Tender Notice. Appellant filed an application under Orde...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
..
Category: Business or Commercial Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....on of the rest of the property at that time. Hemnalini died on 12.6.64 leaving respondent Asim Kumar Basu as her heir. The plaintiff’s case was that he approached Hemnalini during her life time for execution of the deed and after her death the plaintiff approached respondent No.1 but his request w......ion of Tk. 35, 000/- Hemnalini received Tk. 27,400/- as advance and executed a bainapatra and delivered possession of the property. It was stipulated that Hemnalini would execute a registered deed of sale within 4 years and give the possession of the rest of the property at that time. Hemnalini died......nsideration of Tk. 35, 000/- Hemnalini received Tk. 27,400/- as advance and executed a bainapatra and delivered possession of the property. It was stipulated that Hemnalini would execute a registered deed of sale within 4 years and give the possession of the rest of the property at that time. Hemnal..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....n as to when a contract subsists was considered by the Indian Supreme Court which also dealt with both executed and executory contracts and observed: "A contract for the supply of goods or for the execution of any work or the performance of any services undertaken does not cease to subsist only b....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....y;vour of plaintiff's brother Amjad Hossain. Thereafter, Amjad Hossain executed a kabala in respect of the suit land and other lands in favour of the plaintiff on 11.12.56. Since exchange and execution of kabala deed in his favour the plaintiff has been possessing the suit land through diff...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ......'s brother Amjad Hossain. Thereafter, Amjad Hossain executed a kabala in respect of the suit land and other lands in favour of the plaintiff on 11.12.56. Since exchange and execution of kabala deed in his favour the plaintiff has been possessing the suit land through different borgaders. De&..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....ift as claimed by appellant No. 2. He, however, held that as respondent No. 1 did not put the decree for specific performance of contract for .02 acre of land in Title Suit No. 91 of 1970 into execution for obtaining a kabala through Court, he is not a co-sharer in plot No. 404 and has, ther......prising an area of .14 acre and CS. plot No. 400 comprising an area .13 acre recorded under khatian No.1 of Mouza Bishapur, Comilla. He transferred the plots to Hasna Banu by two registered deeds of sale in 1934 who transferred the entire plot No. 404 to her daughter Afia Khatun (Appellant No. 2) ....... 404 comprising an area of .14 acre and CS. plot No. 400 comprising an area .13 acre recorded under khatian No.1 of Mouza Bishapur, Comilla. He transferred the plots to Hasna Banu by two registered deeds of sale in 1934 who transferred the entire plot No. 404 to her daughter Afia Khatun (Appellan..Category: Property Law | Date: | Hits: 48
Abani Mohan Saha Vs. Asst. Custodian (S. D. O) Vested Property, Chandpur & ors, 1986, 15 CLC (AD)
....egistered document under section 60 of the Registration Act a strong presumption is attached to it as the Privy Council stated in 33 I.A. 60 “what remains to be shown is that the person admitting execution before the Registrar was this Purshotam Das and no imposter. The question is one of fact e......H Rahman J. Order of the Court By a majority decision the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 223. ......o. 255 of 1972-73 was illegal, void and collusive and for an order directing defendants 3-5 to deliver him possession of the suit property. He claimed the suit property on the basis of a registered deed of gift dated 26. 6.1969 from the sons of Surendra Chandra Saha, who was admittedly owner of th..Category: Procedural Law | Date: | Hits: 115
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
.... the local Commander of the Mukti Bahini allowed the defendants to live temporarily on the suit land by erecting a hut. 3. Defendant Nos. 2, 4 and 5 contested the suit. They denied the execution of any contract in favour of the plaintiff. Their case is that the homestead on the south...... 45 of 1972 in the 1st Court of Munsif, Madaripur for specific performance of the contract, the defendants alleged to have entered with him on 10th Shraban 1375 B. S. corresponding to 29.7.1968 for sale of .32 acre of the suit land, in presence of P. W. 2 Abdur Rab Howladar, P. W. 3 Asmat Ali Mia......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ......om him a loan of Tk. 48. 65 lacs in two instalments, the first instalment of Tk. 13.65 lacs and the second instalment of Tk. 35 lacs, for the purpose of his business of manufacturing and sale of scales on a promise to repay it within a short period. The company then issued two cheques,......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Nausher Ali Sarder & others Vs. The State, 1987, 16 CLC (AD)
....ision as a ground for commuting the sentence. The learned Judges considered this question but did not think it a fit case for commuting the sentence. In some cases inordinate delay in the execution of death sentence may be considered a ground for commuting it to transportation for life...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ...... are sentenced to transportation for life instead of death. 12. In the result, the appeal is dismissed but the sentence of death is commuted to transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
....ons (Rehabilitation) Ordinance, 1964 was obtained by the appellant. Preliminary decree which was passed on 25th August 1966 was made final on 28th February 1967. Appellant put the final decree into execution on 1st March 1967. 3. One Badsha Miah filed an objection under section 47 of the ......ury died leaving respondent Nos. 2-6 as his heirs. 2. Appellant instituted Mortgage Suit No. 43 of 1964 in the 1st court of Subordinate Judge, Chittagong against respondent Nos. 2-5 for sale of the mortgage property for realisation of mortgage dues. Permission of the Board of Revenue ......dent Nos. 2-6 were all in India and the mortgaged property vested in the custodian on and from 6th September 1965 in the Deputy Custodian of Enemy Property, that the loan and the mortgage deeds were all fabricated and ante-dated and that the mortgaged property being enemy property was e..Category: Property Law | Date: | Hits: 70
Md. Ayub Vs. Bangladesh, 1987, 16 CLC (AD)
.... appeal is, therefore, allowed in part and the impugned order of the High Court Division adding respondent No. 7 as a party is set aside. There will, however, be no order as to cost. Ed. ......ing possession thereof which are in occupation of allottees of the Government. The holding was in effective, control and management of the appellant since his purchase from the criminal owner under sale deed registered in 1965. Respondent-Government however, enlisted the same in the list of......ssession thereof which are in occupation of allottees of the Government. The holding was in effective, control and management of the appellant since his purchase from the criminal owner under sale deed registered in 1965. Respondent-Government however, enlisted the same in the list of aband..Category: Property Law | Date: | Hits: 31
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ......een the Chairman and the Managing Director. The company was registered under the name and style "Ciproco Computers Ltd." in June 1985. The business of the company consists in import, sale and servicing of computer machines of various kinds, manufactured by reputed Foreign Firms in......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
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