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Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
.... Agreement, it does not by itself prove the tenancy. What appears to be meant by this observation is that the Agreement even if genuine might not have been acted upon. The respondent questioned the execution of the Agreement and also alleged that it was not acted upon. So far as the execution is......wn. One Gagan Ali was admittedly its owner in possession. In fact he had only the possessor right therein. Case of the plaintiff-appellant is that Gagan Ali sold the premises to him by a registered sale-deed dated 8 December 1953 (Ext.l) and delivered possession to him. Thereafter he possessed it ......ne Gagan Ali was admittedly its owner in possession. In fact he had only the possessor right therein. Case of the plaintiff-appellant is that Gagan Ali sold the premises to him by a registered sale-deed dated 8 December 1953 (Ext.l) and delivered possession to him. Thereafter he possessed it by in..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......ociety shall be referred to the Registrar before it is brought to a court of law. In respect of a land mortgage bank, the Registrar's power of control and supervision is even stricter. In the case of sale of a bank’s property in auction, it is the Registrar who appoints a sales-officer (section 10......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....d to repay the monthly installments from November 1974 as per terms of the compromise decree the appellant filed an application in the month of May, 1980 in the Court of District Judge, Dhaka for execution of the said decree as provided in Article 33 of the Shilpa Bank Order, 1972. 4. On 30th......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ..Category: Banking Law | Date: | Hits: 121
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60.......349 of 1969, which were dismissed by the High Court Division by the impugned judgment dated 14 August 1984. 3. This case arose from an incident of forgery of two documents relating to an auction-sale in connection with a Certificate Proceeding. The Certificate Proceeding in question is C.C....... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......d Miscellaneous Case No. 17 of 1978, in the Court of Sub-ordinate Judge, Bogra, under section 96 of State Acquisition and Tenancy Act for pre-empting lands purchased by the appellants vide registered sale deed dated 17.4.75 from one Abiran Bibi. The respondent claimed that was a co-sharer to the tra......cellaneous Case No. 17 of 1978, in the Court of Sub-ordinate Judge, Bogra, under section 96 of State Acquisition and Tenancy Act for pre-empting lands purchased by the appellants vide registered sale deed dated 17.4.75 from one Abiran Bibi. The respondent claimed that was a co-sharer to the transfer..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ...... 12. Thus it is clear that tax dues can be recovered in the event of default by the owner from the occupier as well. Rule 13 provides for the power to recover arrears of taxes, etc., by distress and sale of move-able property. Section 63 (3) Local Government Ordinance, 1976 reads as under: "No....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ...... consideration of Rs. 12,000/- on the 22nd November, 1951. The plaintiff was liable to pay rent to Modhusudan Shaha on account of the lease at the rate of 4 annas per annum and, by another deed of sale executed on the same date. Modhusudan Saha sold his right to receive the aforesaid rent to the......erstwhile Supreme Court of Pakistan which granted the leave prayed for. 2. The plaintiff instituted the suit claiming to have taken a permanent lease of the suit property by registered deed from-one Modhusudan Saha for a consideration of Rs. 12,000/- on the 22nd November, 1951. ..Category: Property Law | Date: | Hits: 37
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
....f precaution, he obtained on the same date a deed of transfer from she said Kamala Kanta Chakraborty embossed on non-judicial stamp The said transferor delivered the share Certified at the time of execution of the deed of transfer to the respondent No. 1 by giving a letter of authority m favour ......question of fact and since this has been decided by the Courts below, we find no substance in the contention of the learned Counsel. This appeal is accordingly dismissed with cost. ......d an instrument in that behalf embossed on a plain paper affixed with share transfer adhesive stamps and that on the advise of his lawyer as a measure of precaution, he obtained on the same date a deed of transfer from she said Kamala Kanta Chakraborty embossed on non-judicial stamp The said tra..Category: Business or Commercial Law | Date: | Hits: 113
Osman Gani Mondal Vs. Mainuddin Ahmed and others, 1974, 3 CLC (AD)
....d by the learned Additional Attorney-General thus succeeds. This petition which was lodged on the 14th day of May, 1973 is dismissed. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 61. ......sed in Appeal from Appellate Decree No, 204 of 1965). Judgment AM Sayem CJ.—This petition for special leave to appeal is by the plaintiff in a suit for specific performance of a contract for sale. It is against a judgment dismissing his second appeal arising out of the said suit by a learne...... to appeal against decisions of the erstwhile High Court of Bangladesh or High Court of East Pakistan could thus be exercised only within the period specified in the second proviso, and not beyond. Indeed, whatever ambiguity the English version may be said to contain there appears none in the Bengal..Category: Constitutional Law | Date: | Hits: 148
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
....nally. We find no substance in the only contention raised in support of this petition, which is dismissed. Ed. This Case is also Reported in: 17 DLR (AD) (1975) 59. ...... condition that he returned the consideration of the Kabala after two years but within five years thereof, Shahar Ali later executed a deed in respect of the self-same land purporting to be of sale in favour of Shahar Ali, who also died during the pendency of the second appeal, for a conside......vision in a second appeal. The second appeal arose out of a suit for specific performance of a contract for reconveyance of the suit land which, subject to the said contract entered in a registered deed of agreement, was transferred to the defendant Haji Abdur Rahman by a Kabala dated 29-5-56. Th..Category: Property Law | Date: | Hits: 47
Government of Bangladesh Vs. Ahmed Nazir, 1975, 4 CLC (AD)
....e 350 says:— "Where an Act confers a jurisdiction, it impliedly also grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution." 24. The grant of bail pending hearing of a matter is an interim relief ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ......e the Proclamation of Emergency issued on the 28th December, 1974 and the Constitution (Fourth Amendment) Act, 1975 dated the 25th January, 1975 effected changes in the said Constitution. Ed. ..Category: Criminal Law | Date: | Hits: 85
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....e of property for property, the exchange consisting in payment of price by the purchaser to the vendor and delivery of possession by the vendor to the purchaser. Under the Mohammedan Law execution of instrument of sale is not necessary to complete the sale; the sale is complete with th......ury who sold the same to Zahurul Huq and Anwarul Huq who sold the same to the appellant by a registered kabala dated October 12, 1957. On October 13, 1957 the plaintiff came to learn about the sale and he immediately made Talab-i-mowasibat in presence of some persons and he duly performed Ta...... registration of the kabala. The learned Munsif dismissed the suit on the finding that the formalities observed by the plaintiff were premature as they were before the registration of the sale deed. This judgment was affirmed in appeal. In second appeal by the plaintiff the learned Single J..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......riginally belonged to three Pal brothers namely, Banknote Pal, Purina Chandra Pal and Kailash Chandra Pal in Karsha right under the superior landlords Kederesaban and others. The Karsha was put to sale for arrears of rent in connection with Rent Execution Case No. 432 of 1948 and the plaintiffs ......s of defendant Nos. 9 to 12 had, by fraudulent means, obtained lease of the land in Kol-karsha, right from Jalada Sundari, widow and heir of Baikunta, one of the three Pal brothers. The lease-deed, if any, creating the Kol-karsha, was never acted upon and the lessees never possessed the lan..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......te Judge, Dacca. 2. The suit land as described in the schedule to the plaint belonged to one Mungro Mali from whom Sachindra Nath Bose, father of the plaintiffs, purchased it by a registered sale deed dated February 26, 1941. Sachindia died after about a year, in 1942, leaving the plaintif......dge, Dacca. 2. The suit land as described in the schedule to the plaint belonged to one Mungro Mali from whom Sachindra Nath Bose, father of the plaintiffs, purchased it by a registered sale deed dated February 26, 1941. Sachindia died after about a year, in 1942, leaving the plaintiffs, h..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......n January 8, 1955. Since then she was in possession of the property until she transferred 1 3/4 kathas of land along with standing structures as shown in schedule 'B' to one Sakina Bai by a sale deed dated May 11, 1966. 3. Subsequently, Fatema Begum sold the remaining portio......uary 8, 1955. Since then she was in possession of the property until she transferred 1 3/4 kathas of land along with standing structures as shown in schedule 'B' to one Sakina Bai by a sale deed dated May 11, 1966. 3. Subsequently, Fatema Begum sold the remaining portion of ..Category: Property Law | Date: | Hits: 47
A.S.A. Nur Vs. Registrar of Joint Stock Companies, Dacca, 1981, 10 CLC (AD)
....ge and the Division Bench are set aside. The case is remitted back to the Company Judge for disposal of the matter in accordance with law. There will be no order as to costs. Ed. ......n section 2(e) means "any firm or company engaged in any activity related to the proceedings, (sic) refining, binding or marketing of petroleum including its import, export, purchase, storage sale or distribution" The Corporation has been given the function to act as managing agent or ......der in the capacity of being the Secretary of the Corporation. He will cease to be a share-holder of the company when he ceases to be the Secretary and under the law he is obliged to execute a deed of transfer to the Secretary of the Corporation whoever may be the individual holding suc..Category: Business or Commercial Law | Date: | Hits: 107
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......plaintiffs is wholly unauthorised and being in contravention, of the mandatory provision of section 72 of the Act, is illegal and the plaintiffs did not acquire any valid title by the alleged sale. The very name of the Society indicated that the main object is that the Society has been form......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Mohd. Jabed Ali and others Vs. Rakhal Chandra Mondal and others , 1981, 10 CLC (AD)
....e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ......pondent No. 1 filed an application under Section 96 of the Act, for pre-emption of the transfer effected by his co-sharer (respondent) No, 2) in favour of the appellants, who are strangers, by the sale dated May 8,1970 corresponding to 24th Baisakh, 1377 B.S. The case was resisted by the appella......e dealing with the application under section 96 of the Act for preemption. Therefore, we do not find any substance in these appeals. The appeals are dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 49
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
.... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ......e Richardson Scale Co. Ltd.Vs. Polimex Cekop and National Westminster Bank Ltd. 1978 (Lloyd's Law Reports) 166 the sellers entered into a contract with the buyers (Polimex) for the sale and delivery of some valuable equipment. The contract price was £ 500,000 of which &poun...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ..Category: Banking Law | Date: | Hits: 130
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....bsp; Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the period of limitation under Article 182 of the Limitation Act for filing an application for execution of a decree runs from the date when the final decree was passed or from the date when the......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..Category: Procedural Law | Date: | Hits: 106
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