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Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....n appeal from which order was also rejected by the Chairman. Board of Directors of the said Bank on 21-12-81. He filed Title Suit No. 109 of 1982 in the 3rd Court of Subordinate Judge, Dhaka which on transfer to the court of Subordinate Judge and Commercial Court, Dhaka was renumbered as Title Suit ......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ..Category: Administrative Law | Date: | Hits: 131
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....aikaus, J. observed at page 483 as under: “As to whether a transaction is voidable or void there is a simple criterion: did the transaction create any legal effects, that is, did the transaction transfer, create or terminate or otherwise affect any rights. In a void transaction no legal effects...... confused with a transaction which prima fade looks valid and in relation to which the burden of proof will be on the party alleging its invalidity. There may be a document in existence, a registered deed of sale or mortgage or some other transaction, which is by presumption genuine and the person w..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....ieces of land described in schedules I and II to the plaint. The suit was filed on 12 February 1962 and registered as Title Suit No. 63 of 1962. 2. Plaintiffs case in a nutshell is that, he transferred the schedule I land comprising 1.44 acre to the defendant for a consideration of Taka 3......h 1365 BS the consideration money to the defendant and demanded reconveyance of the land. On that day it was settled that the defendant would go to the Sub-Registrar’s Office and execute the deeds of reconveyance on the following morning. Accordingly the plaintiff went to the said office b..Category: Property Law | Date: | Hits: 60
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....e it is proper that the conveyance should be executed in favour of the plaintiffs in a suit for specific performance of a contract for sale by the contracting party as well as by the subsequent transferee of his interest.” 7. A Division Bench of the Allahabad High Court, on t......subsequent purchaser. In such a suit the court should declare the second purchase as null and void and cancel it and order the original promissor to carry out his contract by executing the sale deed in favour of the plaintiff.” 8. The conflict in the judicial views was res..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....or pending suits was substituted by Act No. LI of 1990 with effect from 31-7.1990. At the instance of the appellant, the applications pending before the learned District Judge, Tangail were transferred to the Court of the learned Subordinate Judge and Artha Rin Adalat, Tangail which were ......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......riefly, are that, one Md. Ismail son of late Sk. Abdullah took lease of the land measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 y..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....e Specific Relief Act. In arriving at his decision the learned Munsif considered the material evidence on record keeping in view the principles governing the determination of the question whether a transfer is a benami transaction or not. 7. The plaintiff then took an appeal being Other A......em in his custody. Since the said purchases the plaintiff had been in possession of the suit lands on payment of rents. But his daughter, defendant No. 1, who was issueless had executed a collusive deed of Heba-bil-Ewaj in favour of her husband defendant No. 2 on 8 September 1974 and her husband..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....n Bench of the High Court Division in Writ Petition No. 64 of 1994. 2. Facts giving rise to the said petition may be briefly stated. Between the years 1975 and 1976 respondent Nos. 1 and 2 transferred different parcels of land to the petitioners by as many as five registered deeds of sal......ving rise to the said petition may be briefly stated. Between the years 1975 and 1976 respondent Nos. 1 and 2 transferred different parcels of land to the petitioners by as many as five registered deeds of sale with separate unregistered agreements for reconveyance undertaking to reconvey the sa..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....’ mother, on 10th Aswin 1354 BS at a rent of Taka 5.00 per year. Possession thereof was delivered to the plaintiffs’ mother who was the first wife of Md. Ibrahim. On 27-2-51 Judhistir transferred his malikana interest to Md. Ibrahim. The plaintiffs are the sons and daughters of Md. ......ations of the plaintiffs stated, inter alia, that Ibrahim was an inhabitant of Nabadwip, West Bengal He exchanged his properties of Nabadwip with those of Judhistir at Kushtia. Ibrahim registered a deed in favour of Judhistir and in exchange Judhistir executed a power of attorney in favour of hi..Category: Property Law | Date: | Hits: 77
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....ut executing and registering the sale deed in terms of the aforesaid agreement migrated to India. Although he came back to Bangladesh in 1972 and 1973 he failed to fulfill his obligation regarding transfer of the suit land. Defendant No. 2 Nirupama Ritchil who happens to be his daughter, ...... sale of the same for a consideration of Taka 45,000 and on receipt of an earnest money of Taka 4000.00 executed a bainapatra on 15 January, 1953 stipulating that he would execute and register the deed of sale after obtaining the requisite permission under section 97 of the East Bengal State Acq..Category: Property Law | Date: | Hits: 72
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ion he referred to the relevant provisions of the Martial Regulations. 13. It is not disputed that the Chief Martial Law Administrator or an officer authorised by hill was competent to transfer a case from a Special Martial Law Court to any Criminal Court specified by him under Marti......ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ..Category: Criminal Law | Date: | Hits: 120
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......which the petitioner has preferred the petition for leave to appeal. 2. Mr. SR Pal, learned Counsel for the petitioner, submits that the case of the plaintiff respondent being that a deed of lease was executed on 2-1-88 by and between himself and the alleged Chairman of a Kindergar..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......aka, had entered into an agreement with him on July 5, 1974 to sell the same at a consideration of Taka 4,80,000.00 and on that date they on receipt of Taka 2,00,000.00 in cash from him executed a deed of agreement and promised thereunder to deliver possession thereof after registration of the s..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....al Case No. 129 of 1987. 2. The relevant facts are respondent No. 1 AKM Yusuf Mia, an Upper Division Assistant of the office of the General Manager. Postal Life Insurance, Dhaka was transferred on 28-7-79 along with 17 others to the office of the General Manager, Postal Life Insu......trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ..Category: Administrative Law | Date: | Hits: 119
Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)
....case to call for an interference. The petitions, therefore, merit no leave and are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 199. ......for leave to appeal Nos. 183 and 184 of 1998. 2. Leave to appeal is sought, the principal ground being one that defendant No.3 having acquired title to the suit lands by a registered deed of sale from its, owner and the plaintiff having merely instituted the suits for specific per..Category: Property Law | Date: | Hits: 87
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....a issued notices in the certificate cases demanding payment of the aforesaid sum of money from respondent No.1 within 30 days from the date of receipt of the notice and directed the company not to transfer any moveable or immovable properties. On receipt of the said notices under section 10A of ......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)
....e of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be binding upon the...... 1 and 4. Plaintiff Nos. 2 and 3 are the sons of plaintiff No.1 Plaintiff Nos.5 and 6 are the sons of plaintiff No.4 According to the plaint case defendant No.2 by misrepresentation has obtained a deed of sale in his favour showing transfer of the suit land, fraudulently by said Patani Dassaya w..Category: Property Law | Date: | Hits: 61
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... and Mineral Resources and Ministry of Law & Parliamentary Affairs with the then State Minister of Finance in the Chair decided on a procedure to ensure that the windfall gains thus accrued be transferred to Bangladesh Petroleum Corporation Tax free and it was decided that Bangladesh Petrole......nment Decision dated 17-11-79 and the NBR circular No.11(61) T-1/80 dated 25-9-83 deleted the disputed amount from total income “since the windfall gain from price differential surplus has indeed been transferred in the hands of Bangladesh Petroleum Corporation (BPC) who is being separatel..Category: Fiscal/Taxation Law | Date: | Hits: 97
Niman Ali Vs. Ramizuddin and another, 1998, 27 CLC (AD)
....essions Judge, affirmed by the High Court Division, calls for our interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 162. ......ased some lands measuring 0.88 acre from Taher Ali, father of accused-respondent Ramizuddin and is in possession of the same and that accused Ramizuddin and Abdus Shahid created a false and forged deed of gift in their favour showing their father Taher Ali as executant and that on query Taher Al..Category: Criminal Law | Date: | Hits: 73
Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....rdinate Judge, Narsingdi passed in Title Suit No. 85 of 1985, and decreeing the suit. 2. The plaintiff-respondents brought the aforesaid suit for specific performance of contract for transfer of the suit land on the averments, inter alia, that they are members of the executive comm...... dated 2-7-81 conveyed their sanction for setting up a spinning mill with a capacity of 12,500.00 spindles, but as the Railway administration delayed in the execution and registration of the lease deed in spite of payment of full consideration amount for the land in question, the Unnayan Parisha..Category: Administrative Law | Date: | Hits: 130
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