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Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....t of "departmental construction", that is to say, the construction which is placed in practice on the provisions of a statute or rules by the administrative authorities who are charged with the execution of the statute or the rules. The learned author observes: ''where the executive construc......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ......e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ..Category: Employment/Service Law | Date: | Hits: 103
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....or recalling the order dated 9-3-2000 passed by the said Court in the said case allowing amendment of plaint, judgment, decree and other documents of Title Suit No. 143 of 1990 after completion of execution of the decree through auction sale and also rejecting the application dated 23-5-2000 fil......assed by the said Court in the said case allowing amendment of plaint, judgment, decree and other documents of Title Suit No. 143 of 1990 after completion of execution of the decree through auction sale and also rejecting the application dated 23-5-2000 filed by the petitioners under Order 21 Ru......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ..Category: Banking Law | Date: | Hits: 112
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......e of the witnesses and delivered the huts to the plaintiff on receipt of the consideration money and duly signed the receipt evidencing receipt of the amount on 14-2-49. Since the receipt is not a deed of title it could not confer title to the plaintiff under, the provision of section 54 of the ..Category: Property Law | Date: | Hits: 53
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... Civil Revision No. 5020 of 1991. The leave has been granted on the submission made by the learned counsel for the appellant that the learned Single Judge of the High Court Division has misread the deed of Waqf and disturbed the decision of the District Judge who is the appellate authority in re..Category: Trust/Waqf Law | Date: | Hits: 209
.... to the Society but did not reach finality up to the date on which the eviction impugned in the writ petition was made. There is no tangible and reliable materials on record that Society went for the execution of its object of providing accommodation to its members the Mohazirs. From the papers on t...... to the writ petition and affidavit-in-opposition made the Rule absolute upon observing as follows-
(a) that the petitioner society is the owner by purchase from the Government through registered sale deed of the land in question and these annexures, documents the society is still the owner of t......embers of the Society and thereupon Government allotted 25 acres of land from the land which was earlier acquired by the Government and delivered possession thereof in July, 1952. The Government by a deed of conveyance of October l956 registered in November, 1956 conveyed the land for the considerat..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....evidence as between the parties to the conveyance and those who claim under them.” “If the deeds were challenged at the time or near the date of their execution, so that independent evidence would be available, the recitals would deserve but slight ......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......would establish the necessity alleged, but it is well established that such recitals cannot by themselves be relied upon for the purpose of proving the assertions of facts which they contain. Indeed, it is obvious that if such proof were permitted the rights of reversionary could always be d..Category: Property Law | Date: | Hits: 47
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ...... before the High Court Division, the High Court Division found that the original lessee Ahmed Hossain was in possession till his death and he sold the case land to Abul Hashem by registered deed of sale dated 8-2- 1973 and later was in possession till his death on 13- 6-1985. The said possession......e placed before the High Court Division, the High Court Division found that the original lessee Ahmed Hossain was in possession till his death and he sold the case land to Abul Hashem by registered deed of sale dated 8-2- 1973 and later was in possession till his death on 13- 6-1985. The said po..Category: Property Law | Date: | Hits: 46
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
.... and a daughter Basena Bibi. Subsequently, Ofazuddin died leaving mother Kulsum, said brothers and sister. 1.35 acres of land of plot Nos. 27 and 29 of ‘Ka’ schedule was sold in auction in a rent execution case and Seratun Nesa and Akitullah purchased the same in auction. But ultimately, that au......is other son Ofazuddin died during the lifetime of Syed Ali. They claimed that the auction was not set aside and remained valid. Kulsum Bibi transferred 0.48 acres of land to Jamal Khan and others by sale deed dated 29 Jaistha, 1329 BS and the purchasers subsequently sold the same to others who are ......her son Ofazuddin died during the lifetime of Syed Ali. They claimed that the auction was not set aside and remained valid. Kulsum Bibi transferred 0.48 acres of land to Jamal Khan and others by sale deed dated 29 Jaistha, 1329 BS and the purchasers subsequently sold the same to others who are in po..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
.... the Code of Procedure reads as under: (1) Where, at any stage of a suit, the Court is satisfied by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him, (a) is about to dispose o...... credit created by the issuing bank nor the buyer has any privity to that agreement. It is an independent agreement between the two banks, credits by their nature are separate transactions from the sales or other contracts on which they may be based and banks are in no way concerned with or bound......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ...... Jiban Dutta died leaving a daughter Kiran Bala. Kiran Bala embraced ‘Islam’ and took the name of Khairunnessa. She sold the suit premises to the plaintiffs-respondents by two registered deeds of sale both dated 8-9-74. The plaintiffs terminated the tenancy by a registered notice under section 1......ant. Jana Jiban Dutta died leaving a daughter Kiran Bala. Kiran Bala embraced ‘Islam’ and took the name of Khairunnessa. She sold the suit premises to the plaintiffs-respondents by two registered deeds of sale both dated 8-9-74. The plaintiffs terminated the tenancy by a registered notice under ..Category: Tenancy Law | Date: | Hits: 70
AKM Ali Imam Vs. DG, Bangladesh Agricultural Research Institute & another, 2002, 31 CLC (AD)
.... The Administrative Tribunals Act, 1980 (V of 1981), Section 4 The Administrative Tribunals Rules, 1982, Rule 7 The execution case was dismissed on the ground that the order passed by the Tribunal was declaratory w......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ......There is no merit in this petition and the same is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 5. ..Category: Administrative Law | Date: | Hits: 104
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....ended that the suit was wrongly entertained by the Court of Assistant Judge since the orders as against which relief sought were passed by the Revenue Authority in connection with the sale held in execution of the order passed in the Certificate Case as per provision of the PDR Act and as such t......ted long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated 22-09-1994………..(21 & 23) Section 14 A of the (Emergency......ng completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated 22-09-1994………..(21 & 23) Section 14 A of the (..Category: Civil Law | Date: | Hits: 77
A. R. A. Jute Mills Limited Vs. Janata Bank and others, 2006, 35 CLC (AD)
....uted the aforesaid suit against the petitioner stating, inter alia, that the petitioner availed c.c. hypothecation’ and c.c. pledge' loan facilities/limits of the plaintiff bank in 1982-83 on execution of charge documents and 'Letter of Guarantee' and also executed mortgage deed......t the High Court Division correctly decided the matter and as such it does not call for our interference. 24. In view of the discussion made above, the petition is dismissed. Ed. ...... c.c. hypothecation’ and c.c. pledge' loan facilities/limits of the plaintiff bank in 1982-83 on execution of charge documents and 'Letter of Guarantee' and also executed mortgage deeds, relating to immovable properties and that other facilities like 'interest free Blocked..Category: Banking Law | Date: | Hits: 121
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
.... impleading the appellant as the sole defendant seeking decree for an amount of Tk.57,074/- and other ancillary reliefs. The said suit was decreed in 1990 and the Respondent No. 2 put the decree into execution by initiating Money Execution Case No. 96 of 1991 and got the mortgaged property sold in a......t cause of action for filing the suit by the appellant has arisen because of the decree passed in Artha Rin Adalat Case No.55 of 1990 and the execution taken on the basis of the said decree ending in sale of the property of the Appellant in auction and purchase thereof by the Respondent No. 3. It ma......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......aintiff No.1 on 25.05.1971; that Abdul Khaleque Bain started taking consideration money from the plaintiff No.1 after executing said Bainapatra; that Abdul Khaleque Bain failed to execute necessary sale deed infavour of plaintiff No. 1 and as a result of which plaintiff No.1 filed Title Suit No. ......ff No.1 on 25.05.1971; that Abdul Khaleque Bain started taking consideration money from the plaintiff No.1 after executing said Bainapatra; that Abdul Khaleque Bain failed to execute necessary sale deed infavour of plaintiff No. 1 and as a result of which plaintiff No.1 filed Title Suit No. 206 ..Category: Property Law | Date: | Hits: 54
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......er under section 26A "The application for renewal of registration has not been filed within time. In the absence of account it is also not ascertain-able whether the terms of partnership deed in sharing the profit has been fulfilled. The claim for renewal of registration is rejected&qu..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......he appellant alone. On the appellant's case that he had become 16 annas owner of the premises on the basis of the family arrangement; it was held that such a claim of ownership without a registered deed could not be sustained as no title passed to the appellant. A question was raised before the ..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....d illiterate, and so the disposition of property made by her in favour of her grandsons, defendants 1 and 2 in order to be valid, required to be proved by the grandsons that the lady made intelligent execution of the documents, and that in so doing she got independent and disinterested advice. The......peach such deeds and is not entitled, merely on the proof of heirship, to throw on the defendant the burden of showing a better title. It was a suit by a plaintiff in whose favour the lady executed a sale deed which he sought to enforce against the heirs of the lady. It is to be observed that the la......n Bibi. Sujan Bibi died on 12th May, 1945. A few months before her death, she made three dispositions which are under challenge. On 13-2-1945 she made a gift of some of her properties by a registered deed to her two grandsons though her predeceased daughter, defendants 1 and 2. On 13-2-45 and 3-4-..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......nd challenges the judgment of the High Court Division passed in a petition filed by the Respondents under Article 102 of the Constitution. 2. The Respondents 1 and 2 entered into an agreement for sale of the premises in question on 15.6,70 for a consideration of Tk. 10,000/- and on receipt of ......ontrol, Management and Disposal) Order, 1972 (XVI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of transfer executed by the owner and the holding never abandoned by the owner before, forcible..Category: Property Law | Date: | Hits: 67
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......egislations, effecting necessary amendment in the E.B.S.A. and T. Act and those laws cannot be challenged on the ground of ultra-virus. Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance on valuable consideration with delivery of possession to the......f any amendment such expression could have been supplied by the Court as cause omisus. Even Lord Wensbydale who propounded the golden rule of construction stated: "In construing wills and indeed statute and all written instruments the grammatical and ordinary sense is to be adhere to..Category: Property Law | Date: | Hits: 85
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