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The, stay granted earlier by this court as to the construction of the building of respondent Nos. 4 and 5 is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 281
......a piece or parcel of land measuring 400 square yards each for residential purpose situated at Mouza Senpara Parbatha under Police Station Mirpur being plot No. 5 Road No. 6 Block E section 2 by lease deed dated 17.5.79. A master plan was prepared and sanctioned by the competent authority for constru..
Category: Constitutional Law, Property Law | Date: 7 Jul, 1992 | Hits: 3
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....e Central Government or of any officer authorised for the purpose by the Central Government, that is to say‑ "(a) to determine the terms and conditions of service, recruitment, promotion, transfer, posting, dismissal, discharge, demotion and other disciplinary actions of all officers and......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......etitioner was delayed by few days but deposited the balance Taka 58,000.00 on 6.5.91 into Bangladesh Bank, Sylhet Branch by chalan, Annexure‑U. Thereafter, the petitioner executed a bilateral lease deed with the People's Republic of Bangladesh represented by the Additional Deputy Commissioner ..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... of discussion and on consideration of the facts of the case and the evidence on record and the relevant provisions of law came to the finding that the vendor pro‑defendant No.3 has had no right to transfer his above conditional right of repurchase to any 3rd party, here the plaintiffs, who are ou......in 25 years, they would execute and register a kabala of reconveyance in favour of the said vendor Musim Ali. Further case of the plaintiffs‑opposite parties was that they purchased by a registered deed dated 28.3.75 the right of re‑purchase from the said Musim Ali, the profoma defendant No.3 fo..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
.... and Jahar Kanti Kar, sons of late Rakesh Chandra Kar, This said Duraram Upadhyaya was in exclusive ownership and possession of the said P‑0. of land for long over the period of limitation. Then he transferred the land to the petitioner for a consideration of Taka 3000.00 by a registered kabala da......overnment wanted to claim title in the property in question it could only do so by way of appropriate suit for declaration of tide and cancellation of the petitioner's registered kabala and other deeds in view of decision of the Appellate Division, setting down principles governing cases of this..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....erms of the lease deed.
Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 403
......e.
Government cannot cancel any such lease of fishery arbitrarily without giving the lessee an opportunity of being heard and without showing any breach of the conditions stipulated in the lease deed…………(6)
Cases Referred to-
Lutfu Hiah Vs. Government of Ba..
Category: Property Law | Date: 15 Jan, 1992 | Hits: 3
....noticed in the appointment letter Annexure 'A' that Respondent Sekendar Ali Howladar was appointed to work in the godown of Orient Textile Mills Ltd. with effect from 12.3.73 and subsequently transferred from there by letter dated. 19.9.74 marked Exbt. 2C but not made Annexures in this Writ ......als and as such the decision does not call for any interference by this court.
In the result, the Rule stands discharged.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 143.
..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....dge, Sylhet in SCC Suit No. 47 of 1986 should not be set aside. 2. The petitioner instituted SCC Suit No. 3 of 19S5 for a decree of eviction of the opposite party from the suit premises which on transfer to the Court of Subordinate Judge, 2nd Court and SCC Judge, was renumbered as SCC Suit No. ......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....nst the plaintiffs and the said cases are pending. The suit land is the only homestead land wherein the defendant No.1 has been residing with the members of his family. The defendant never thought to transfer the said land to anybody. The land which he purchased at Bangola Mouza being nal land has n......tivable portion of the suit land to the plaintiff. It was settled that the defendant No.1 on receipt of the balance of the consideration amount within Aswin 1385 BS would execute and register regular deed of sale in favour of the plaintiff and then would deliver the homestead portion of the suit pro..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 1.
......00 as rent for the said Jalmahal for the year 1396 BS by annexure B (Duplicate Carbon Receipt) dated 13.2.89 at 25% higher rent than the previous year’s lease money. Thereafter on 21.3.89 the lease deed Annexure ‘C’ was executed between the petitioner and respondent No.4, Additional Deputy Com..
Category: Property Law | Date: 30 May, 1991 | Hits: 85
.... President’s Order No.16 of 1972 and was allotted to one Mariam Begum on 1.4.72 and that the petitioner’s Bainapatra is a concocted one executed by fictitious person other that the lessee and the transfer through Court is the outcome of the fraudulent decree and is void ab initio.
4. The Cour......he respondent No.2 Government of Bangladesh, filed an affidavit‑in‑opposition denying the material allegations made in the writ petition and contending, in substance, that the petitioner’s sale deed is a fictitious document and the agreement and all other papers in that connection are forged b..
Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....ted injunction and it is argued that there is no reason why this court in exercise of its power under the Revisional jurisdiction will interfere with the same. A huge amount of money would have to be transferred immediately and that would cause financial constraint restricting the business capacity ...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....the Shilpa Bank Order, 1972 and obtained an order of ad‑interim attachment of the property, of the Company mortgaged against the loan under Article 33(3) of the Shilpa Bank Order. The said case was transferred to Commercial Court No. 11, Dhaka and was numbered as Misc. Case No. 53 of 1985. The Ban......tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Bangladesh Inland Water Transport Corpn & ors Vs. Nazma Flour Mills Ltd. & others, 1991, 20 CLC (AD)
....pation. 2. The Corporation was a tenant in the suit premises, admittedly owned by Profulla Chandra Roy Chowdhury and others under a written contract. In between 1.9.1986 to 11.4.1987 the owners transferred the suit premises to the plaintiff respondents by 31 registered kabalas for valuabl......ant in the impugned documents by an expert. Before the Trial Court there was no admitted Signature of thumb impression of Profulla Chandra for comparing the thumb impression or signature in the deed in question. This is a case for eviction and not one for determination of title between the two..Category: Procedural Law | Date: 30 Jan, 1991 | Hits: 108
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
....ting of the said Company and those of Board of Directors were held which is apparent from evidence. It is further apparent that no resolution of the meeting of the Board of Director regarding alleged transfer of the shares have been produced before this Court. No audit report was submitted nor any p......he respondent No. 2 was neither a share‑holder nor a director of the company and respondent No. 3 had no authority to appoint him as Managing Director. 3. In such a situation whatever acts and deeds were done by the said Mr. Zahirun Nabi as Managing Director are illegal and void in view of th..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....s." The order reads as follows: "Mr. Fazlul Huq, Clerk Divisional Office Mymensingh is hereby ordered to act as Inspector of Post Offices, Netrokona Sub-Dn, vice Mr. Saifuddin Ahmed transferred on promotion as Assistant Supdt of Post Offices, Mymensingh. Mr. Fazlul will make over c......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
.... In the meanwhile on attaining their majority Arshad Selim and Akhtar Selim entered into a fresh agreement for sale of the house with the petitioner on October 27, 1980. But later on their refusal to transfer the house the petitioner instituted the Title Suit No. 369 of 1983 for specific performance......ginal owner of the house namely Holding No.300 (old), Road No. 25 Dhanmondi Residential Area, Dhaka which he constructed after obtaining lease of a plot of land from the Government under a registered deed of lease dated 26.6.57. Mr. Selim while serving in the United Nations Economic Commission for A..Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Karimunnessa Begum Chowdhurani and others Vs. Niranjan Chowdhury and another, 1990, 19 CLC (AD)
....t, 1950 (East Bengal Act No. XXVIII Of 1951), Section 96 Whether the "doctrine” barring partial pre‑emption stands in the way of getting pre‑emption of four out of five holdings, transferred under the same kabala although he is a co‑sharer in all the five holdings and as such ......of the right, among persons seeking pre‑emption, has also been laid down therein. In the case of Salimuddin (14 DLR 796), which was decided by a Single Bench, several holdings were sold by one sale deed as a single transaction; a co‑sharer in the holdings transferred sought to pre‑empt some of..Category: Property Law | Date: 1 Nov, 1990 | Hits: 40
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ......r specific performance of contract. The suit was ultimately decreed ex parte against all the defendants namely, defendant Nos.1-7 and defendant Nos. 1-6 were directed to execute and register the sale deed within 60 days in favour of the plaintiff failing which plaintiff will get the same through cou..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
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