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ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....manent injunction reÂstraining the defendant from giving possession to deÂfendant No. 3. Her case was that she purchased the suit land from one Gopal Chandra Shil by a kabala executed on 7.2.75 and registered on 19.5.75 and since then she has been possessing the same. DefenÂdant No. 2 wanted to g......aying the appeal has become of mere acaÂdemic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124...... Moksudur Rahman, learned Counsel apÂpearing for the defendant-appellant submitted that the point of law has been settled by this Court in the Case of M/s. Dulichand Omraolal Vs. Bangladesh, 33 DLR (AD) 30. But he submitted that certain factual position needs to be investigated and appropriately or..Category: Property Law | Date: | Hits: 56
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
....8.11.79) for being added as parties in the High Court Division stated that plaintiff No. 1 after obÂtaining decree in the trial court transferred out of the suit property .60 decimals of land by two registered sale deeds in their favour in consideration of Tk. 6000/-, Tk. 3000/- for each kabala, an......vidence in respect of the alleged sale of .02-1/2 deciÂmals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113......duce further evidence in respect of the alleged sale of .02-1/2 deciÂmals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..Category: Property Law | Date: | Hits: 33
Abdul Jalil Vs. Bangladesh House BuilÂding Finance Corporation & another, 1989, 18 CLC (AD)
....lleged that he came to know about the same on 20.6.1986. On 26.6.86, he filed an application under Order 9, rule 13 C.P.C for setting aside the ex-parte order whereupon Misc. Case No. 143 of 1986 was registered. 3. In the meantime steps were, however, taken for putting the mortgaged property to s......ould have no objection in putting the mortgaged property to auction sale. He, therefore, prayed for time up to 31st December 1987 for payment of the entire claim of the H.B.F.C and further prayed for postponing the sale due to be held on 14.9.87 till 31.12.87. 4. The learned District Judge passed......deposited by him in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....m, purchased the suit land in auction in Money Suit No. 273 of 1937 of the Second Court of Munsif, Chandpur. Jadhulal Banikya, son of Jugal Chand, purchased the land as benamdar of the plaintiff by a registered kabala dated 12 August 1947 and went into possession. The land was under requisition by t......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......Division affirming that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....64. Respondent No. 1 then filed aforesaid Title Execution Case No. 68 of 1964. It is alleged that the respondent No. 1 sold the suit property and the right under the decree to ReÂspondent No. 2 by a registered Kabala on 20.8.67. It is the further case of the appellants that respondent No. 2 Mobarra......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104......ceed in accordance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy ComÂmissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....pellants’ case of amicable partition stands considering other evidence and circumstance including the previous judgement. An amicable partition between brothers-co-sharers need not be affected by a registered instrument. …………(14 & 15) Cases Referred to- Malik Din v. Mohammad Asl......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ......esult, both the appeals are allowed with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....leaving not only one son, HosÂsain Ali, but also one daughter named "Unar Ma" and that from the heirs of Unar Ma including MoÂhammad AH and Abdul Ali defendant No. 1 purchased their shares by three registered kabalas Exts. A and A (1) dated 13 March 1978 and kabala Ext. A (4) dated 28 April 1978. ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ......the High Court Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
....the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
......rict Munsifs was challenged on the ground that it made arbitrary classification beÂtween Advocates of one High Court and those of other High Courts of India. The rule says that a canÂdidate for the post of District Munsif, among other things, must be an advocate of the 'the High Court', which expr......reciation for the learned Attorney-General for making available all the books cited by the parties in this case.
For the reasons, the appeal fails.
Ed.
This Case is also Reported in: 41 DLR (AD) (1989) 30
..
Category: Election Law | Date: | Hits: 212
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....er one Begum Zohora Hossain at a rental of Tk. 150/- per month. The said Begum and her co-sharers Zahid Hussain and others transferred the suit holding along with other holdings, of the plaintiffs by registered sale deeds dated 28.2.1978 and thus the defendant beÂcame a tenant under the plaintiffs ......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27......laintiff the defendant cannot evade ejectment as a tenant from the suit premises. Thus the appeal is dismissed…………(10&11) Cases Referred to- Amar Chandra Saha vs. Ajit Kumar Das, 33 DLR (AD) 37. Lawyers Involved: T. H. Khan, Senior Advocate, Lutfur Rahman Mondal, Advocate with him..Category: Others | Date: | Hits: 96
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25......mp; another……………………………Respondents Judgment June 6, 1988 The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule 1. The plaintiff was reverted to the former post of Assistant Secretary from the ad-hoc promoted post of deputy secretary. Reversion to the orig......etion in the instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....ed (In Liquidation) filed the suit against Haroon Moten and Alia Rakhi Bai (Defendents Nos. 1 and 2 respectively) on 9th August, 1960 in the First Court of Subordinate Judge, Chittagong, where it was registered as O.S. No. 28 of 1960. It was transferred to the High Court on 29th March, 1965 under th......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8......make an application for addition of parties to the suit………………….(9) Cases Referred to- Official Receiver and Official Liquidator, Pass Bank Ltd. Vs. Nabadwip Chandra Fodder, 27 DLR (AD) 133; AIR 1936 A11.858, 15-IC 551 and LLR 39 Mad, 645; 9 DLR 1. Lawyers involved: Hamidul H..Category: Banking Law | Date: | Hits: 103
....r is
the Chief executive and it is managed by Managing Committee and controlled by
the Registrar of Co-Operative Societies of the Government of the People's
Republic of Bangladesh. Respondent is a registered Trade Union under the
Industrial Relation Ordinance, 1969.
3. An
agreement ......t, therefore, this appeal is allowed and it "is remanded to the High
Court Division for disposal in accordance with law.
Ed.
This Case is also Reported in: 37 DLR (AD) (1985) 38.
......
In the
result, therefore, this appeal is allowed and it "is remanded to the High
Court Division for disposal in accordance with law.
Ed.
This Case is also Reported in: 37 DLR (AD) (1985) 38.
..
Category: Labour and Industrial Law | Date: | Hits: 98
Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)
....ust 9, 1984. The Registration Act, 1908 (Act No. XVI of 1908), Section 17 (2); clauses (a) and (b) Compromise decree comprising property which are not subject-matter of the suit requires to be registered. In case of compromise in a suit, property not being the subject-matter of the suit a......amely ''নালিশী জমি" (Land in the suit) which has now paved the way for controversy. The contention grounded on the admissibility of the docuÂment has no force, section 17, no doubt postulates that certain document must be registered but sub-section (2) provides that nothing in cla......mpt from registration. The argument built on sub-section (1) of section 17 does not stand. In the result this appeal is dismissed. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 35. ..Category: Property Law | Date: | Hits: 49
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....dissolution of the partÂnership whether the immovable property can be considered as the property of the individual partner and whether such property can be partitioned and further whether a separate registered deed was necessary to convey the share of the parties in the immovable property notwithst...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonaÂble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......osed to a decree from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonaÂble. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....es derived upon certain circumstances. Explanation 4 to section 4 reads as under: "Explanation 4: Any bonus or bonus shares declared, issued or paid by a company having its registered office in (taxable territories) to its shareholder is in any year wholly or partly out ......C the amount in question must form a portion of the total income” of the assessee and the bonus shares not being a portion of the total income cannot claim for exemption inasmuch section 15C postulates that the investment must be made by the assessee himself out of his own volition and ind...... arise. In the result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor MohamÂmad & ors., 1984, 13 CLC (AD)
....of defendant No. 1 was that Noor Mohammad Bepari settled the suit property to Syed Abdul Latif, defendant No. 12 who, in 1951, settled it with him and his sister, defendant No. 2 by executing an unregistered amalnama on receiving a selami of Tk. 40,000/-. On the basis of compromise decree obtain......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......and 2, defendant Nos. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....1, 1983. Result: The appeal is allowed. The Partnership Act, 1932 (IX of 1932) Section 69 (1)(2)(3) The Code of Civil Procedure, 1908 (V of 1908), Order 6, rule 17 If a partner of an unregistered firm can maintain a suit for dissolution and accounts, his prayer for declaration of his ......upon taking such fresh evidence as may be necesÂsary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......ourt which may, upon taking such fresh evidence as may be necesÂsary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....gment contended that the very proceedings under Order IX, rule 13 C.P.C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the court and possession of the land was also delivered as there was no order from the......herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......circumstance rightly interfered therewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59...Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....cuting kabala on 18.9.70 but the kabala was not presented for registration and the vendors refused to register the same when the plaintiffs presented it to the Sub-Registrar Office and got the same registered The defendant Abdul Hannan and others filed Criminal case against the plaintiff under se...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ...... and appellate Court below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..Category: Property Law | Date: | Hits: 42
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....ontested the case by filing a written objection contending, inter alia, that the case was barred by limitation and by principle of waiver, estoppels and acquiescence. The case land was purchased by registered kabalas dated 9.3.77 within the knowledge and with the consent of respondent No. 1. The ......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ...... for disposal. Cases Referred to- Parsotim Vs Lal Mohar 58 IA 254; Md. Siddiq Vs Australisaia Bank PLD 1966 SC 684; Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi, (1981) 33 DLR (AD) 505. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (B. B. Roy Chowdhur..Category: Property Law | Date: | Hits: 34
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