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Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....nd for recovery of khas possession from the predecessor‑in‑interest of plaintiff‑respondents and that the suit having been decreed but admittedly no delivery of possession in any manner even by execution of the said decree having been taken in that suit the contention of the plaintiffs is that......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ......rth for a consideration of Tk. 2,21,00,000:00 on 31-05-1997 in accordance with the order passed by the Admiralty Court of the High Court Division in connection with Admiralty Suit No. 28 of 1996. The sale was confirmed on 22-06-1997. The Chittagong Port Authority (CPA), respondent No. 1, sent letter......equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
.... scribe of the deeds nor the person who identified the plaintiff Zamini Bala before the sub-registrar could be produced and examined by the defendant. The defendant did not take any step to prove the execution and registration of the deeds. 18. With regard to possession, the defendant as P.W.1 ......the share of Suvangkar and Bankeswar got other land. Then Suvangkar died leaving three sons, namely, Sulaksman, Sudarshan and Sudhangsu as his only legal representatives. By a registered deed of sale being No.6959 dated 7‑11-51 said Sulaksman, Sudarshan and Sudhangsu transferred said 36 ......brothers acquired the land with the income of the joint family. Bhim Das Poddar died leaving a son Bhupati Bhushan Das as his only legal representative. By a family partition effected by a registered deed in 1936 Juthisthir and Arjun and their nephew Bhupati Bhusan Das partitioned their entire prope..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....sum Kamini executed the power of attorney in favour of elder brother's son of the defendant No. 1 and the case of the defendant No. 1 is that his son defendant No. 2 bore all expenses in respect of execution of document for Kusumalaya in favour of the plaintiff under his instruction. It is in the......bertsonganj, Rangpur shows that the plaintiff authorised Salamatullah and Abu Siddique Majumder, two attorneys, to do everything including sale, etc. in respect of the suit property but they i.e. the attorneys, would have no power to sell......d in schedule A to the plaint with the plaintiffs properties situated at Jalpaiguri in India along with 10 shares of Nipuchapur Tea Estate described in schedule‑B to the plaint. Thereafter, a deed of agreement was drawn up and signed by the parties in September, 1960 and in terms of the dee..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....y letter dated 17‑12‑1992 but to no effect. In 1992 the bank filed Title Suit No. 147 of 1992 in Artha Rin Adalat claiming mortgage of the properties of the plaintiff-respondent on the basis of execution of Memorandum of Deposit of Title Deed and the Agreement to create further charge dated 1......cility and, in terms of the facility the plaintiff on 17‑3‑1988 executed a memorandum of deposit of title deeds and deposited the original lease deed dated 28‑10‑1968, and original deed of sale dated 22‑2‑1973 in the bank. On 17‑3‑1988, AB Siddiq Ludu also executed other charge d......to the petitioner bank for any loan amount, the so-called Memorandum of Deposit of Title Deed dated 17‑3Â-1988 was forged, concocted and illegal, the plaintiff is entitled to get back the title deed along with other supporting documents lying with the bank and a decree of Taka 75,00,000 as c..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 2004, 33 CLC (AD)
....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......(Preemption)Nos.179,180,181,182, and 183 of 1989 allowing the same. The Miscellaneous Cases were filed under Section 24 of the Non-Agricultural Tenancy Act, 1949 seeking pre-emption in respect of the sale by 5 different kabalas dated 5.9.1988. The claim of pre-emption was made on the assertion that ......the seller opposite party are co-sharers of the khatian and that pre-emptees failed to estabÂlish that there had been partition of the land of khatian by the decree of the Court or by a regÂistered deed of partition. The trial Court also held that the Miscellaneous Cases were not barred by limitat..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......nd Chand Miah got one third each of the suit land on amicable partition. It is further stated that the plaintiff became the owner of the suit land by purchase on various dates through registered sale deeds and thereafter his name was mutated and he paid rent, that on 5‑11‑1994, the ......and Miah got one third each of the suit land on amicable partition. It is further stated that the plaintiff became the owner of the suit land by purchase on various dates through registered sale deeds and thereafter his name was mutated and he paid rent, that on 5‑11‑1994, the defen..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
.... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ......rade Marks Act, 1940 (hereinafter referred to as the Act) read with rule 65 of the Revised Trade Marks Rules, 1963, in TM 26, the prayer for renewal of the registration on a plain paper rejecting the deed of assignment given by the respondent earlier in favour of the appellant was not maintainable i..Category: Others | Date: 5 May, 2004 | Hits: 4
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ......so conÂfirmed by his rent case No. 43 of 1993. Thereafter he has created a new tenancy with one Abdul Jalil, happened to be the co-sharer of the suit property. Then he claimed title through purchase deed from Abdul Jalil and it has been categorically stated in the additional written statement that ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
.... were washed away causing loss of about Taka 3,70,000. 6. After issue of the work order defendants did not supply him any layout within ten months. The plaintiff prayed for extension of time for execution of the work but without any result. By Memo dated 12‑4‑1997 defendant No.2 let the pla......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....and emphatically asserted by the appellant appeal has been remanded to the High Court Division with a direction to hear the appeal a fresh after obtaining report from the hand-writing expert as to execution of the document in question…………………&hellip......recover rents from the tenants and that on 26‑5‑1982 he, however, revoked the power of attorney because the defendant (Md Nurul Huq) had sold his valuable property and misappropriated the sale proceeds and also inserted into the deed of power of attorney a recital to the effect that he h......n 26‑5‑1982 he, however, revoked the power of attorney because the defendant (Md Nurul Huq) had sold his valuable property and misappropriated the sale proceeds and also inserted into the deed of power of attorney a recital to the effect that he had allegedly taken loan of Taka 4,50,000 ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....dant on receiving balance of Taka 25,000 was not executing and registering the kabala, the plaintiff served legal notice and thereupon the defendant served a legal notice on the plaintiff denying the execution of the 'bainapatra' and that he also asked the plaintiff to vacate the property possession......r evidence. 2. Plaintiff‑appellant and another (responÂdent No. 2) filed the Other Class Suit No. 70 of 1992/Other Suit No. 86 of 1988 seeking a decree for specific performance of contract for sale of land against the predecessor of the respondent Nos. 1 (a) to 1 (c) on the basis of the 'bai......sion as a first Court of appeal could have compared the signatures themselves, that the High Court Division erred in law in sending the case on remand for examination by a Handwriting Expert when the deed of agreement was proved by the plaintiff himself and by two other attesting witnesses, PWs 2 an..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......duced, adapted or manufactured or where the work of making, altering, repairing, ornamenting, finishing or packing or otherwise treating any article or substance, with a view to their use, transport, sale, delivery or disposal, is carried on or such other class of establishments including water tran......e a progressive labour jurisprudence burying the bad memories of laissez faire and bitter struggles in this field and nourishing new sprouts of legality, fertilised by the seminal ratio in Banerji. Indeed, every great judgment is not merely an adjudication of an existing list but an appeal addressed..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)
....nt District Judge is directed to hear and dispose of the suit within a period of three months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 317. ......ribed in the schedule to the plaint at a consideration of Taka 14,00,000 and on 15‑9‑2002 paid Taka 1,00,000. As said opposite parties on 25‑10‑2002 declined to execute and register necessary sale deed the plaintiff was constrained to institute the suit on 20‑11‑2002. 3. On 18‑1â€...... in the schedule to the plaint at a consideration of Taka 14,00,000 and on 15‑9‑2002 paid Taka 1,00,000. As said opposite parties on 25‑10‑2002 declined to execute and register necessary sale deed the plaintiff was constrained to institute the suit on 20‑11‑2002. 3. On 18‑1‑2003..Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... in collusion with some dishonest officials of the Government and that the goods and goodwill of Jalil Brothers Engineering (Pvt.) Limited including possession of the establishment was advertised for sale by auction and late Shamsur Rahman having purchased the establishment of Jalil Brothers Enginee......ilding situated at Holding No. 21, Motijheel Commercial Area, Dhaka occupied by the appellants and respondents Nos. 3‑17 stating, inter alia, that former Government of East Pakistan by a registered deed of lease dated 6‑10‑65 granted lease of the land situated at Holding No. 21, Motijheel Comm..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....iran Nesa, Noorjahan and Amena Khatun inherited the suit land. For non payment of rent landlord filed Money Suit No. 728 of 1944 against the tenants and got a decree, The landlord put the decree into execution in Execution Case No. 1991 of 1945 and the suit land was put into auction on 11‑12&#......tion Case No. 1991 of 1945 and the suit land was put into auction on 11‑12‑1945. Ismail Hossain Shah Fakir. Secretary Ullan Shah Committee, purchased the suit land in auction. The auction sale was confirmed on 13‑21946 and possession was delivered through court on 7‑6......a registered kabala dated 3‑71356 but did not deliver possession of the transferred land and then the defendant Nos. 14‑16 on payment of kabala money to Munshi Chand Ali Mollik got a deed of reconveyance and to the knowledge of all including the plaintiff SA Khatian No. 193 has been..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
.... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......ctuary mortgage shall be registered under Registration Act and the word "shall" being mandatory means "must". Transfer of a holding or of portion or a share thereof either by way of an out and out sale with an Agreement of re-conveyance, to put-differently, an Agreement of re-conveyance, if to b......: a. (i) First opposite party of Revision petition, in the capacity of co-sharer by purchase, as pre emptor presented a petition under section 96 of The Act for the land delineated in sale deed dated 17.7.1997 in favour of stranger pre-emptee second opposite party of Revision Petition in..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ...... Suit No. 1 of 1995 (the Title Suit No. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
..... We are fully in agreement with the above findings of the high court Division. For all the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......rd……..(6) The High Court Division rightly decided the case holding that the summary finding of the appellate Court that the disputed transfer is an exchange not a sale has not been made with reference to any evidence and, as such, the finding of the appellate C......he being a contiguous land owner, has the right of pre-emption against the pre-emptee, who is a stranger thereto and the pre-emptee without serving the statutory notice upon him obtained the disputed deed of transfer collusively in order to defeat his right of pre emption and that he for the fi..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......e. 8. The finding of the Enquiry Committee report was as under: “SES Company From, the trading record it appears that SES is one of the leading brokers/dealers of DSE and in foreign DVP sales they are the 2nd biggest seller, selling 34,26,866 shares of different companies valued at Tk.......cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
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