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Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ....... 2. The pre-emptor-respondent filed the case claiming himself as a contiguous owner of the proceeding land conveyed to the pre-emptee-appellant Nos. 1, 2 and respondent Nos. 2-7 by a kabala deed registered on 27-6-70 at Bauphal Sub-Registrar’s Office under District Patuakhali. The ..Category: Property Law | Date: | Hits: 60
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......leave to appeal before us. 2. The plaint case is, that Bhadrapara Adarsha Non-Government Primary School was established in 1973 at the initiative of one Ashraf Ali who by a registered heba deed dated 11-3-75 transferred Plot Nos. 724 and 285 measuring 0.34 acres of land of mouza Bhadrap..Category: Property Law | Date: | Hits: 63
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....ed. 4. The appellant’s objections were that the decree-holder was not an insane person and that his son Abdul Mannan has no legal right to represent him as his next friend and that the execution case was barred by limitation as it was not filed within 3 years of dismissal of OC Exec......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ..Category: Civil Law | Date: | Hits: 133
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
.... the visit or stay or presence of his parents at such residence. In the event the first party is absent from Bangladesh, his parents shall have the visiting rights as above.” After the execution of the agreement defendant No.1 resiled from it and despite her agreement that she would ......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ..Category: Family Law | Date: | Hits: 162
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......aid defendants instituted the instant suit for redemption. 3. Contesting defendant No.1 (respondent No.1 herein) contended in his written statement that the transfer on 20-5-37 was an out and out sale with a condition of re-purchase. After some time Begumjan received Taka 99.00 from defendant No......as dismissed by the 5th Court of Munsif, Sadar, Chittagong on 30-6-82. 2. Begumjan, the owner of the suit land, mortgaged the same to defendant Nos. 1-3 (respondent Nos. 1-3 herein) by a mortgage deed dated 20-5-37 for Taka 200.00 and delivered possession thereof to them. Upon the death of Begum..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ...... 9. The learned Judge concurred with the finding of the Court below that the deposit made by the defendant had not been made in accordance with the provision of law nor in terms of the expired deed of agreement and, as such, it was a defaulter. 10. Leave was granted to consider the only qu..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ...... Abdus Sattar contested the case by filing a written objection wherein it was stated that his maternal uncle Md. Ibrahim, who is a cousin brother of his mother, gifted the case land to him by Heba deed. 3. At the trial the pre-emptor examined two witnesses including himself and the pre-em..Category: Property Law | Date: | Hits: 56
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ...... a stand on law and submits that the sheet anchor of the appellants’ case, namely, Exts. I and J, debit vouchers, showing payment of Taka 5,60,000.00 to the appellants in consideration of the sale of shares to the wife and minor son of late Tofayel Ahmed and profits, are legally unentertai...... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ..Category: Business or Commercial Law | Date: | Hits: 118
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....in the case. The kablas having been executed for an unlawful consideration are void and illegal. PW 1 Moti Miah stated in his evidence that he had lot of litigations with the defendants and after execution of the last kabala a final report was given in the criminal case. He also stated that he ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ..Category: Property Law | Date: | Hits: 72
Mostafa Kamal (Md) Vs. First Court of Settlement and others, 1996, 25 CLC (AD)
....no illegality in the impugned judgment and order of the High Court Division. The petition is, therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 61 ......aughter as her heir who on September 29, 1977 sold the same by a registered kabala to the petitioner’s vendor Moksed Ali from whom the petitioner on 11.5.79 purchased the same by a registered sale deed. But the said house having wrongly been enlisted as abandoned property the petitioner pr......r as her heir who on September 29, 1977 sold the same by a registered kabala to the petitioner’s vendor Moksed Ali from whom the petitioner on 11.5.79 purchased the same by a registered sale deed. But the said house having wrongly been enlisted as abandoned property the petitioner prayed b..Category: Property Law | Date: | Hits: 48
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ......ase under section 7 of Ordinance No. 54 of 1985 for exclusion of the disputed house from the “Ka” list of the Abandoned Buildings stating, inter alia, that on the basis of a registered deed of Agreement and General Irrevocable Power of Attorney dated 28. 12.68, registered on 13.1.69,..Category: Property Law | Date: | Hits: 58
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......; MH Rahman J: On 28 June 1992 the petitioners instituted Title Suit No. 30 of 1992 in the Court of Subordinate Judge and Artho Rin Adalat No. 2. Dhaka for a declaration that the sale of the Leather Board Manufacturing industry of plaintiff No. 1 WB Industrial Corporation Ltd. ...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..Category: Business or Commercial Law | Date: | Hits: 107
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....89. In the tripartite agreement dated 5.4.90 (Annexure I of the affidavit-in-opposition of respondent No. 3) Mr. Sahjad Ali in clause 5.2 of the agreement undertook to transfer to HBTL the licence on execution of the agreement for a consideration of Taka 1 crore which will be treated as Mr. Ali’s ......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......be entertained. 16. It is a fundamental principle of the law of pre-emption, established for over a century in the sub-continent, that the pre-emptor cannot break up the bargain of sale by suing only for a portion of the property conveyed by the sale which gave rise to the pre-e...... structures being merely chattels which could be easily removed from the land. 15. In the impugned judgment it has been noticed that the lower Appellate Court specifically found and, indeed, the learned Judge himself found that there are semi-pucca structures on the suit land. It is ..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....t allowed the appeal and sent the suit on remand to the trial Court and thereafter the learned Subordinate Judge decreed the suit ex parte on 27.8.1974. The respondents put the ex parte decree into execution in Title Execution Case No. 9 of 1974 and got delivery of possession of the suit land on...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......r, PS Mohammadpur, Dhaka was allotted to Alimannessa alias Aliman, mother of the respondent-writ-petitioners by the then Government of East Pakistan by an allotment letter dated 16.6.1962. A lease deed was executed by the Government in favour of the said Alimannessa which was duly registered on ..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....operty vests in the Government under President’s Order No. 16 of 1972 no legal proceedings can be taken against such property. The money decree obtained by Rupali Bank against Dr. Shamim, the execution thereof and the auction sale of the Suit property are all void and will not divest the G......f Dhaka for realisation of the loan amount. Rupali Bank started Money Execution Case No. 32 of 1972 against the judgment-debtor and the suit property was attached on 21.12.72 and was advertised for sale in auction in the ‘Dainik Bangla’. The appellant, Bangladesh, preferred Miscellane......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......are to defendant No. 1 by a kabala dated 31st 'Jaistha' 1333 BS. Subsequently, on 10th 'Chaitra’ 1342 BS. Dasrath exchanged his share in this property with the defendant No. 1 by a registered deed. Accordingly, the defendant No. 1 came to own 16 annas title in lot No. 2 of schedule 'Ka'. H..Category: Property Law | Date: | Hits: 51
Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)
....the act complained of was an official act. In this case, the act complained of was the act of receiving illegal gratification. That surely could not be an act done or purporting to be done in the execution of duty." In the said case Zaheer Nadem, a clerk in the office of the A......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ..Category: Criminal Law | Date: | Hits: 68
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
.... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ...... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ......ulal Fakir and Afsar in equal shares. But Afsar purchased land entirely in the name of Parashullah Fakir. Parashullah Fakir was annoyed at this and reconveyed this land to deceased Dulal Fakir by a deed of gift. After the death of Iman PW 2 Bano Bibi and her two children, including the deceased D..Category: Criminal Law | Date: | Hits: 62
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