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BD Chemical Industries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ......Chittagong Hill Tracts, vested in the said Company. In 1964 the Pakistan Manufacturers and Industries Limited purchased "Ujala Match Factory" situated at Chota Katra, Dhaka in an auction sale and the machineries of the said Ujala Match Factory were removed from its original site to Shy...... not given either to Ujala Match Factory or to Sattar Match Works when in 1978 the Sattar Match Works at Lama was disinvested by the Government and the same was purchased by respondent No. 2 as per deed of agreement for sale dated 13.10.78. 8. It appears that on 17.12.79 registration was ..Category: Intellectual Property Law | Date: | Hits: 227
.... (which means that the payment can be made upto 1988, extending beyond 3 years from the date of expiry of lease). Clause IV of the Agreement is as follows:
"(iv)That the Seller shall after the execution of these presents deliver possession of the "Demised Property" to the Purchaser, who shall......rial unit, namely, a drum manufacturing factory formerly belonging to M/s Drums Metal Ltd., located at Airport Road, Tejgaon, Dhaka on a leasehold land of 3.28 acres, in pursuance of an agreement for sale dated 13.9.77 entered into between the appellant and the President of the People's Republic of ...... and liabilities of the abandoned industrial concerns. Annexure ‘B’ to the affidavit‑in‑opposition of respondent No. 3 contains the Enterprise Profile which specifically mentioned that "lease deed is available with us. 20 (twenty) years lease will expire in 1984".
14. After the appell..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....d. The Registration Act,1908 (Act XVI of 1908),Section 47 The Transfer of Property Act,1882 (Act IV of 1882), Section 53A A sale- deed which is registered will relate back to its own date of execution not of any date of prior bainapatra or a subsequent date of its registration. The sale tak......Judgment December 12, 1991. Result: The appeal is dismissed. The Registration Act,1908 (Act XVI of 1908),Section 47 The Transfer of Property Act,1882 (Act IV of 1882), Section 53A A sale- deed which is registered will relate back to its own date of execution not of any date of prio......nt December 12, 1991. Result: The appeal is dismissed. The Registration Act,1908 (Act XVI of 1908),Section 47 The Transfer of Property Act,1882 (Act IV of 1882), Section 53A A sale- deed which is registered will relate back to its own date of execution not of any date of prior bain..Category: Property Law | Date: | Hits: 73
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ......etc. into the Octroi area of the Khulna Pourashava. "Octroi", as defined in Rule 2(1)(f) of the October Rules, "means a tax on the import of goods or animals for consumption, use or sale within a municipality", The lessee levied Octroi on these goods at Tk. 13, 84, 740.89 and......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....) and the writ of delivery of possession Ext. B and wrongly held that the interest of Jinnat Ali was not extinguished for not impleading all the co‑sharer landlords in the rent suit and rent execution cases overlooking that Rajkishore not Mathura Mohan was landlord at the time of auction h......r holding that whatever interest Jinnat Ali, the predecessor of the plaintiff’s had was extinguished by Rent Execution Case Nos. 64 of 1905 and No. 222 of 1950. The trial Court considered the sale certificates Ext. A and A (1) of the two Rent Execution cases and the writ of delivery of poss......, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....d of Schedule 1 to the plaint belonged to Abdul Hakim and others in raiyati interest under landlord Badruddoza Chowdhury who obtained a rent decree in RS No. 780 of 1934 against the tenants and in execution thereof in Execution Case No. 721 of 1935 auction purchased the holding for Rs. 25/‑......ence the suit. 6. The contesting defendant Nos. 1, 3 and 4, heirs of original tenant Abdul Hakim and others, contended in their joint written statement that there was never any auction‑sale of the suit land and Badruddoza never obtained possession of the suit land. Abdul Hakim and o......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......d whether such arrangement is binding upon the parties. He contended that the learned Judges of the High Court Division took an erroneous view as to the non‑production of the original copy of the deed of the family arrangement notwithstanding the explanation that was given." 7. During..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....intermediate acts of the executor................Before the grant, it is obvious that in every case where either the Will itself, or anything done under it by the executor, is challenged, proof of execution and capacity on the part of the testator, and of the appointment of the executor, would b......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 77
Rupban Bibi Vs. Aynal Kha and others, 1992, 21 CLC (AD)
....ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ......ct in the case, we set aside the impugned judgment and grant temporary injunction till disposal of the suit. Consequently, the appeal is allowed without any order as to cost. Ed. ...... and secondly, whether in the redemption proceeding the unregistered Ekrarnama alleged to have been executed by the plaintiffs predecessors should have been relied upon in the face of a registered deed as according to the plaintiff the defendants created a false unregistered Ekrarnarna for recon..Category: Civil Law | Date: | Hits: 106
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....l Legislature: but it does not undertake, with the precision and detail of a code of laws, to enumerate the subdivisions of those powers, or to specify all the means by which they may be carried into execution." (Underlines are mine) pp. 332‑333 84. The grant of legislative power in the provis...... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......2) devised riddance. Shedding a lighter burden of judicial review and then overburdening the High Court Division with appeal on facts and law would have been a curious intention of the Constitution indeed. Administrative Tribunals have been established all over the common law countries primarily to ..Category: Administrative Law | Date: | Hits: 203
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f 1983 in the 1st Court of Munsif, Dhaka against the plaintiff‑appellant and respondent Nos. 2 and 3 for specific performance of a contract for sale of the suit land. The decree was put into execution, Title Execution Case No. 55 of 1984. The appellant came to know of the ex parte decree f...... on 30‑5‑84 in Title Suit No. 305 of 1983 in the 1st Court of Munsif, Dhaka against the plaintiff‑appellant and respondent Nos. 2 and 3 for specific performance of a contract for sale of the suit land. The decree was put into execution, Title Execution Case No. 55 of 1984. The ...... in his written statement that the plaintiff received summons of the said suit on 14‑6‑83 but the plaintiff did not appear. The suit was decreed ex parte on 30‑5‑84. A sale deed has been registered through the Court on 5‑2‑85. 4. One Monowara Sulta..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....intiff No. 1 and his father could not be the auction‑purchaser at the same Lime as much as plaintiff No. 2 and his father could not be the benamder at the same time. The land acquired in rent execution case in 1931 was far in excess of the suit land, and plaintiff No. 1 did not take the dee......ami on a detailed consideration of matters involved in the case. There was no evidence as to the necessity of the benami purchase. The plaintiffs did not produce the original document, namely, the sale certificate. The kabuliyat, Ext. 1, by Afsar and others, was executed on 2nd May, 1939 in fav......ff No. 2 was impleaded as a proforma‑defendant as his father Krishna Lai Kundu was not then alive. As the disputed lands were recorded in the name of his benamder, plaintiff No. 1 obtained a deed of release, Ext. 7 from plaintiff No. 2, the only heir of Krishna Lai. But by the impugned ord..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....t by practicing fraud and obtained the exparte decree by the same means. Hence the decree dated 20.9.72 obtained by defendant No. 1 in the said suit was null and void and the subsequent kabala in execution of the said decree did not confer any title to defendant No. 1 and defendant No. 2 did no...... in respect of the suit property is void and not binding on the plaintiff, that the kabala dated 23.2.73 obtained through court in Title Execution Case No. 32 of 1972 is null and void and that the sale deed dated 8.3.73 executed by defendant No. 1 (respondent, No. 2) in favour of defendant No. 2......espect of the suit property is void and not binding on the plaintiff, that the kabala dated 23.2.73 obtained through court in Title Execution Case No. 32 of 1972 is null and void and that the sale deed dated 8.3.73 executed by defendant No. 1 (respondent, No. 2) in favour of defendant No. 2 (app..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....ant. With regard to the fifth test, namely, adequacy of consideration, the trial Court held in favour of the plaintiff and found that the suit land was worth much more than Rs. 200/‑ at the time of execution of the document. The appellate Court below, reconsidering the evidence on record, found th...... for redemption of mortgage and recovery of possession. 3. The defendant denied that the document dated 25‑10‑28 Ext. 1 was a kot mortgage. He asserted that it was a document of an out and out sale with a condition of re‑purchase. The defendant paid for the value of the stamp and all regist......ee of the lower appellate Court in second appeal. 2. The appellants' case is that their father Isobullah gave the suit land in kot mortgage to the defendant‑respondent Mahmud Ali by a registered deed dated 25th October, 1928 Ext.1 for a sum of Rs. 200/‑. At the time of mortgage the suit land ..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....he date when the judgment debtor is first entitled to possession. This is provided in Article 137. The two relevant Articles read as follows- 137. Like suit by a purchaser at a sale in execution of a decree, when the judgment debtor was out of possession at the date of the sale. ......of by one judgment. 3. Admittedly the disputed property originally belonged to one Ananta Bandhu Sen. According to the plaintiff of OC Suit No. 109 of 1970 the disputed property was put to auction sale in Revenue Case No. 161 of 1949‑50 (Pab) for arrears of revenue and Hemaprova Debi, mother‑......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......r, Iraq from 14.7.90 onwards on board the Ship MV Banglar Kiron belonging to the Bangladesh Shipping Corporation which was chartered by the State Enterprise for Water Transport, Baghdad. The original sale by M/s Transclear to M/s Nidera being in cash against documents, the Bill of Lading was issued ......ansclear SA" and this change evidently needed fresh permission from the Bangladesh Bank for remittance of US.$ 1,25,000 (said to be the price for 5000 metric tons) which Mr. Ahmed does not dispute, Indeed the respondent's banker, Agrani Bank applied for such permission in reply to which Bangladesh B..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
..... Waiver' means simply abandonment of any claim or right. 9. Evidence led by the respondents‑purchasers is that the pre‑emptor went to the Sub‑registrar's office and put up resistance to the execution of the two kabalas. Further evidence is that at the intervention of the scribe the pre‑e......ment Shahabuddin Ahmed CJ.- Appellant is the Pre‑emptor by inheritance. His claim for pre‑emption has been ultimately rejected by the High Court Division holding that he had acquiesced in the sale and waived his right of pre‑emption. Challenging this decision he took leave from us and file......le. 2. Appellant is brother's son of the two vendors, Mariam and Alimunnessa, daughters of the recorded owner, late Abbas, who was the appellant’s paternal grand father. By two registered sale‑deeds dated, 9.5.73 and 10.5.73, Mariam and Alimunnessa sold their shares in the paternal property t..Category: Property Law | Date: | Hits: 70
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......ullah, who was childless, brought the plaintiff in his house and reared him up. According to the plaintiff the suit land appertained to patta No.3 and through successive devolution by purchase and sale Keramat acquired 10 annas interest and Rahamatullah got 6 annas in the entire property and tha......ersing the judgment and decree of the trial court arising out of a suit for declaration of title and recovery of khas possession. 2. Plaintiff claims title in the suit land on the basis of a deed of gift executed by Keramat Ullah in his favour on 13th Poush, 1360 BS corresponding to 28.12..Category: Property Law | Date: | Hits: 56
Pubali Bank Vs. The Chairman, First Labour Court, Dhaka and another, 1991, 20 CLC (AD)
....curity Court in seisin of an appeal, under section 59 of the West Pakistan Employees' Social Security Ordinance, 1965 has, in the absence of an express provision for the purpose, jurisdiction to stay execution of order appealed against. It was argued that by that section it was not the intention to ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ......ect matter of the dispute till its final resolution is a Power apart from adjudicating and determining any industrial dispute. Ed. This Case is also Reported in: 44 DLR (AD) 40; 12 BLD (AD) 72. ..Category: Labour and Industrial Law | Date: | Hits: 103
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
.... suit the valuation had already been determined at Tk.55,000.00. It is further contended that by suppressing the summons in the subsequent suit the appellant obtained the ex parte decree, put it to execution and got the respondent evicted on 3rd October, 1980 when the Court was closed for autumn......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ..Category: Property Law | Date: | Hits: 64
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