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M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
.... was passed on 2nd November, 1976. The appellant filed Title Suit No. 27 of 1977 in the 3rd Court of Subordinate Judge, Dhaka for its enforcement. The suit, decreed on 24th May, 1978, was put into execution. Defendant-respondent Nos. 1-4 filed an objection under section 47 of the Code of Civil P......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......; M. H. Rahman J. - The appellant entered into a contract with respondents Nos. 1-4 for supply of bricks. A deed of agreement was executed on 20th June, 1975. Subsequently a dispute arose between the p..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....per application of mind to the case. The right of the successful bidder in the auction who has paid the requisite premium and in consideration of which possession of the fishery has been delivered on execution of the lease deed by him should not be taken away arbitrarily. The learned Deputy Attor......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ......lows: The appellant Sharping Matshajibi Samabaya Samity was granted the lease of the fishery in question for a term of six years for 389 B.S. at 50% enhanced rate over the existing rent and the lease deed was executed on payment of rent for 1389 B.S. on 22.8.81. Suddenly after three weeks, the Direc..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... is perfectly correct being based on good evidence. 7. Now coming to possession, P.Ws. 1 and 2, who were officers of the Company and are now officers of the Corporation, have deposed that after execution of the sale-deed possession of the land was delivered by appellant No. 2 to the Company wh......fe defendant No. 1 Defendant No. 2 in the meantime wrote a letter (Ext. 4) to the Minister of Commerce, Government of Bangladesh, alleging that the transaction under the conveyance, Ext. 1, was not a sale but was a mortgage, that he did not sell the land to the Homeland Insurance Company but had mor......n the 1st Court of Munsif, Dhaka, which was subsequently renumbered as Title Suit No. 432 of 1982) for a permanent injunction alleging the following facts: Defendant No. 2 sold by a registered Sale-deed dated 24 August 1959 (Ext.1) one bigha of land constituting the nor them part of Plot Number 16..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ......rest of Aswini from his sons by a kabala on 20th November, 1974. The petitioners wanted to pre-empt that kabala on the grounds that the purchaser was a stranger, and that no notice of the sale was served on them. 3. The pre-empted contested the case on he ground that the pre-empt......the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ..Category: Property Law | Date: | Hits: 43
Sree Gopal Chandra Mondal and another Vs. Lasman Dasi & others, 1987, 16 CLC (AD)
....e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ......e suit property. The High Court Division correctly affirmed the decision of the appellate court. We find no substance in this appeal and, accordingly, it is dismissed. No costs. Ed. ....... 2, 3, and 5, the subsequent purchasers from defendant No. 5 daughter, denied the plaintiff's claim. They asserted that Gour Majhi had only one son in defendant No.1 who by a registered deed of gift gave the land to his only daughter Laksman Dasi who in her turn sold the same to them...Category: Property Law | Date: | Hits: 37
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
.... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ...... the particular payment is to be regarded as his capital receipt. The character of the payment varied according to the circumstance, for instance, the amount received as consideration for the sale of a plot of land may ordinarily he capital receipt but if the business of the recipient is to...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......ntial part of its business or the office of branch of the Sangstha from which the loan was disbursed it situated, for one or more of the following reliefs, namely : (a) an order for the sale of the property pledged, mortgaged, hypothecated or assigned to the Sangstha at sec......in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
....cordingly, she put her L.T.I, on the blank paper believing that she was executing a bainapatra. But after some time a Sub-Registrar came to enquire from her about the matter and asked her to admit execution of a sale-deed. She denied having executed any sale-deed but explained that she had execu......tively from Title Suit No. 532 of 1967 and Title Suit No 87 of 1969 of the 1st Court of Munsif, Sylhet. In one suit, M.S. No. 532 of 1967 a simple declaratory decree was sought to the effect that a sale-deed dated 9-9-59 purportedly executed by the respondent was void, and in the other suit, T.S......y from Title Suit No. 532 of 1967 and Title Suit No 87 of 1969 of the 1st Court of Munsif, Sylhet. In one suit, M.S. No. 532 of 1967 a simple declaratory decree was sought to the effect that a sale-deed dated 9-9-59 purportedly executed by the respondent was void, and in the other suit, T.S No. ..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....obtained a rent-receipt and a patta for grabbing some of the akhara properties; and that the settlement, allegedly for raising money for the construction of a natmandir and other huts and for execution of, a silted-up tank, was not done for legal necessity of the deity. No wonder no argu&sh......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ......the appellant has desperately urged that there is no requirement of law that the settlement of a deity's land by a sebait can only be made for legal necessity for the deity. A bold attempt, indeed, to unsettle a principle of Hindu law settled by a long line of decisions. 6. In H..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ...... possessed the entire suit land exclusively and adversely in open assertion over the title thereto. Hedayet never possessed the suit land. Jobeda Khatun earlier mortgaged by way of conditional sale 7 pakhis of land in 1935 and subsequently sold the said land to Alfazuddin Ahmed in 1939. Thus......, predecessor-in-interest of defendants-appellants Nos. 1 to 7 by two separate Deeds of Mortgage dated 22 October 1935. The mortgage was followed by sale to the mortgagee under two registered Sale-deeds, one dated 10 August 1938 and the other dated 12 April 1939. Since then Alfazuddin possessed ..Category: Property Law | Date: | Hits: 50
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the 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) 1. ...... the suit land and building of R.S. plot No. 6889. 5. Defendant No. 1 became owner and possessor of more than .37½ sataks of land in ajmali possession around the Madrasah. He had purchased it by sale deed dated 8th and 10th February 1965. As Vice-Chairman of Manupur Union Parishad, he had som....... plot No. 6889 which is situated in the Bazar area Plaintiffs are carrying on groceries business there. 4. Defendant No.1 became the owner and possessor of .94 sataks of land by virtue of a wakf deed dated 17th October 1963 executed by Mr. A.B.M. Shamsul Huda in favour of a Madrasah named Mosha..Category: Property Law | Date: | Hits: 48
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ..Category: Property Law | Date: | Hits: 42
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....- per ganda. On 25th July 1977 an agreement for sale was executed by respondent Nos. 1 (a) to 1 (b) and respondent Nos. 1(c), 1(d) and 1(e) also signed the agreement, but as witnesses attesting the execution of the document. Appellant paid Tk. 5.000/- in cash. 'On several occasions appellant req......n 1st April, 1984. 2. Plaintiff is the appellant. He filed Other Suit No. 25 of 1979 in the court of Subordinate Judge, 1st Court, Chittagong for a decree of specific performance of contract for sale of land. It was stated in the plaint that the suit land measuring .08 sataks (4 gondas) of R.S.......reement, but as witnesses attesting the execution of the document. Appellant paid Tk. 5.000/- in cash. 'On several occasions appellant requested respondent Nos. 1 (a) to 1 (e) to execute the sale deed. After deferring the matter they refused to execute and register the sale deed on 31st January ..Category: Criminal Law | Date: | Hits: 88
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....nd submit a report of such search and seizure immediately. Let a copy of this order be served upon Mr. Waliul Bari Chowdhury by the Officer-in-Charge of Kushtia Police Station at the time of execution of this order. Sd- Illegible 16-4-85 A.K.M. Fazlul Hoque Miah District......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256...Category: Information Technology Law | Date: | Hits: 226
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ...... after liberation with the same hat days as those of the Tebaria hat. The local Administration after making enquiries came to the decision Salimabad hat was not in existence from the time of wholesale acquisition. It was established in 1971 on some private lands: The local administration, ther......s have filed (a) certified copies of the map of village Binanoo and Salimabad prepared by the Revenue Surveyor of Bengal in April, 1850 which are market as Exts. 1 and 1(a)(b) A registered sub-kabala deed dated 15.5.52 A.D. marked Ext 2 filed by the plaintiffs,(c) Notice published by the defendant N..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......sidered as a whole, beaming in mind its object and purpose 10. In Colquhoun vs. Brooks (1889) 14 App. Case 491 (496). Lord Herscheel said “It is beyond dispute, too, that we are entitled, and indeed, bound, when construing the terms of any provision found in a statute, to consider any other ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......late Amir Ali Mia who was the Mutwalli of Salamat Mia Wakf Estate at Rajshahi and eligible for the Mutwalliship of the Wakf Estate in terms of the Waqfnama. 4. One Salamat Hossain created a Wakf deed dated 1.7.30 and the Wakif was the first Mutwalli. After his death Amir Ali Mia, the brother's ..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....ellant's interests were not affected, it was a mistake in method to read the general words of the decree as covering those very interests by reference to the mortgage deed and erroneous to direct execution of the decree passed in the absence of the Appellant, so as to affect his interests. ......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......expressly said that the Appellant's interests were not affected, it was a mistake in method to read the general words of the decree as covering those very interests by reference to the mortgage deed and erroneous to direct execution of the decree passed in the absence of the Appellant, so as..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......tion 27 The learned Judges of the High Court Division committed no illegality in equating issue of notice with service of notice. The Plaintiff Appellant himself was present when the impugned sale was held and did nothing to prevent it or to have it set aside before the period of limitation ......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
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