Search Options
Judgment Advanced Search
Displaying 461-480 of 2021 results.
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
.... the transfer denies that the property is wakf the Article cannot apply would be to read in the Article words like, "manager as such" which is not exist there." I am in respectful agreement with this observation of the East Punjab High Court. 18. In the present case, th......69=ILR 23 Mad 271 (P.C.) and 27 IA 147=ILR 37 Cal. (P.C.); Hemanta Kumari Basu Vs. Sree Iswar Sreedhar Jew, AIR 1946 Cal. 473=ILR (1946)2 Cal. 38=50 CWN 629; Hafiz Vs. Swamp, PLD 1947 (R.C) 239; Mahanto Ram Charan Das Vs. Nurangilal and others, 37 CWN 541=60 IA 124; Mahadeo Prasad Singh Vs. Karia Bh......case by B.K. Mukherjea J. When the transferor of any item of Wakf property is made by persons who are Mutawallis, it is immaterial whether such persons describe themselves as Mutawallis or purport to sell the same in their personal capacity and whether the property is described as Wakf property or p..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
I.C.I. (Bangladesh) Ltd Vs. M/s. G. K. Brothers, 1983, 12 CLC (HCD)
.... Suit No. 41 of 1974 against the appellant defendant Imperial Chemical Industries (Bangladesh) Ltd., (hereinafter called the appellant defendant) /or specific performance of contract contained in the agreement Ext. 1 dated 17.8.70 which devolved on appellant defendant No.1 from Imperial Chemical Ind......Ltd.......................Appellant Vs. M/s. G. K. Brothers...........................Respondent Judgment December 13, 1983. Result: Appeal dismissed Cases Referred to- Buxly Paint (Bangladesh) Ltd. Vs. Bangladesh, (1979) 31 DLR (AD) 266. Lawyers Inv......from Imperial Chemical Industries (Pakistan) Limited for Taka 3,30,000/. (Taka three lacs thirty thousand). Plaintiff-respondent agreed to purchase the same and the defendant-appellant also agreed to sell the same to the plaintiff-respondent at the said price. The plaintiff paid Taka 33,000/ to the ..Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8
Shamsul Huda & others Vs. Alauddin & Taiwa Tex¬tile Mills Ltd, 1983, 12 CLC (HCD)
....—Chome, G'nza, Chuo-Ku, Tokyo, Japan." It has already been stated that there was a Prompters' Agreement between Mr. Alauddin Miah and Taiwa dated 26.6.61. In pursuance of this agreement 3 other agreements were made after the incorporation of the respondent-company. One o.......................Respondent Judgment November 24, 1983. Result: The prayer accepted Rectification of the Share Register Cases Referred To- Fry, Chase National Executors and Trustees Corporation Ltd. Vs. Fry and others (1946) 2 All E.R. 106; Transatlantic Life Assu...... that they intend to dispose of 6,993 sharers among the existing share-holders of the respondent company. If the existing share-holders are reluctant to purchase the same then Taiwa may be allowed to sell the shares to a Japanese firm, namely, M/s. Sigma International Inc. who has shown their intere..Category: Company Law | Date: 24 Nov, 1983 | Hits: 4
Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)
....tly allowed. In the result, the appeal is dismissed without any order as to costs. Syed Mohammad Ali J. —I agree. Ed. This Case is also Reported in: 36 DLR (1984) 81. ...... Whether any issue is raised by such denial— The doctrine of non-traverse which means that where a material averment is passed over by evasive denial without a specific denial, it is taken to admitted. Thus the material proposition of fact affirmed by the pre-emptors regarding 'the fa...... Tapan as his only heirs. Pre-emptor respondent No.1 Mohammad Islam was the karja karak, of Jyoti Prasad & Tarun. He was the caretaker of the case land for the vendors. When the vendors wanted to sell the case land, none of the co-sharers including the three pre-emptors agreed to purchase t..Category: Property Law | Date: 20 Nov, 1983 | Hits: 88
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....tled the suit plot with the defendant Nos. 4 and 5. The trial Court also found from the evidence on record that the plaintiff constructed the two huts in question. Ext. 5 is the Photostat copy of the agreement dated 18.2.58 and it shows that defendant No. 2 hired the said huts from the plaintiff and......r 15, 1983. Result: The appeals are allowed. Admissibility of Certified copy of the registered documents --Proof of the contents of the original document- Registering Officers are to give certified copies of all registered documents which are admissible for purpose of proving the......ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....er and as security of the loan mortgaged the suit land with him as a token of that mortgage he obtained a patta from the plaintiff dated 9.3.53 (Ext. A), according to the local custom on an oral agreement that the defendant will recovery the land when the plaintiff would pay back the loan. It w...................Appellant Vs. Fazle Karim Biswas & others.....................Respondent Judgment August 23, 1983. Result: The appeal is dismissed. Cases Referred to- Hanif-un-Nessa Vs. Faiz-un-Nessa, 38 I.A. Page 85; Narasingherji Vs. Panuganti (1924) 51 I.......ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Gouranga Chandra Banik & others Vs. Sanjib Kumar Banik & others, 1983, 12 CLC (HCD)
....mpugned judgment and decree of the learned Addl. District Judge are set aside and those of the Trial Court restored. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 235 ......6, 1983. Result: The rule is made absolute. Whether a Written Document Considered as Best Evidence When there was admittedly a written document it was incumbent upon the plaintiff to produce the same as it was the best evidence- It is a cardinal rule of evidence, not one of ...... a statement in the deed that the tenancy was of a permanent character, will not be an assertion of a permanent right. The transaction in the present case was a sale and the executant was entitled to sell his land whether he possessed it or not upon amicable partition or otherwise. The mere fact tha..Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
.... upon all essential and vital points arrived at the following findings: "In our opinion P Ws. 4 to 7 should be relied upon since they appear to be trustworthy and disinterested. We are in agreement with the learned Subordinate Judge that the discrepant version of the defense witnesses......s for instances in which a material part of a property is wholly destroyed or rendered substantially and permanently unfit for use for the purpose it is let, in which case the tenant has as option to terminate the lease. Section 108 (e) of the Transfer of Property Act does not deal with the case....... For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 195. ..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
.... in question were re-questioned by the opposite party No.4 the Military Estate Officer, Dhaka Cantonment, Dhaka. The order of requisition was withdrawn by the opposite party No.4 on 9-8-74. A lease agreement was executed between opposite party No.4 representing the President of Bangladesh as lease......……………………Petitioner Vs. K.M.J. Akbar, Commodore & others……………..Opposite-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corporation Vs. Masood Raza and others, 30 DLR (SC) 169, G......litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
....s case is that he is the owner of the scheduled property, that Rajani Kanta Lala took day to day Bhara settlement of the schedule 1 premises and schedule 2 articles from 5th Feb. 1972 by executing an agreement dated 3-2-72 the condition being that he would pay daily rent of Tk. 2.50 every evening an......n & others………………………..Opposite Parties Judgment May 12, 1983. Result: The rule is discharged. Cases Referred to- Abdus Sattar and others, 32 DLR (AD) 170. Lawyers Involved: Nazrul Islam Chowdhur...... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....defendent No. 1 was that he was never a tenant of the plaintiff, but that he had first entered into plot. No. 27 with permission of Golap Sundari in 1949, erected the huts thereon and entered into an agreement with her for sale of this plot on 26-11-56 and thereafter, by a registered sale-deed ......represented by his legal heirs Golenur & others…………… Respondent Judgment March 9, 1983. Result: The appeal is dismissed. Cases Referred to- Midnapur Zamindary Company Vs. Uma Charan, AIR 1923 PC 187; Durga Chowdhurani Vs. Jewahir S......e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
....tion of Criminal contempt and Civil contempt and reviewed the decisions both from English and American Jurisdiction and observed:
"The view deducible from these decisions is in general agreement with what is indicated above, namely, a proceeding to punish for contempt has the ess......ioners
Vs.
Mujibur Rahman Sikder alias M. R. Sikder & others..............Respondent
Judgment
February 1, 1983.
Result:
The petition is allowed.
Cases Referred to-
Matilal Ghose and others, 45 Cal. 165; Onish Vs. Dulla Mia, A.I.R. 1969 Delhi 214; Express ...... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Mohammad Nazrul Islam Vs. The State, 1982, 11 CLC (HCD)
....ed under section 561A of Cr.P.C. This Rule is made absolute. The accused petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 65. ......ip;Petitioner Vs. The State……………………………………………State Judgment October 20, 1982. Result: The Rule is made absolute. Whether there was direct personal ......ode and Section 25C(a) of the Special Powers Act, unless it is alleged that a particular person or group of persons in question were personally involved in the process of adulteration of food or selling thereof. Whether the Criminal proceeding pending before the Special Tribunal under..Category: Administrative Law, Criminal Law | Date: 20 Oct, 1982 | Hits: 8
....Act is merely a competence to do something which except for this permission would be unlawful. It does not confer any rights in physical property. There is in the case of a license only personal agreement between the licensor and the licensee whereby licensor agrees not to interfere with the do......
Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents
Judgment
August 6,1982.
Result:
The appeal is allowed.
Cases Referred to-
Abdullah Vs. Ahmed Din, 16 DLR (SC) 169; M. N. Clubwala Vs. Fida Hossain Saheb, AIR 1965 (S......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)
....nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ......rmakar & others……………………….Respondents Judgment July 1, 1982. Result: The Appeal is dismissed. Cases Referred to- Musamat Bibi Wahiduiuaisa Vs. Babu Deep Narain Prasad, 20 CWN 1174; Tuleb Ali and anr Vs. A......know on 15-7-70 about that transfer and demanded partition from the defendant. 4. Defendant No.1 contested the suit. His case is that Beni Madhab had executed a registered bainanama to sell the suit properties to defendant No.1 and subsequently, Biswanath and Bibhuti executed and regi..Category: Property Law | Date: 1 Jul, 1982 | Hits: 2
.... both these matters the Bangladesh House Building Finance Corporation is the plaintiff-appellant.
3. In F.M.A. No.26 of 1981 the respondent, M/S. Moinuddin Akhataruddin Chowdhury entered into an agreement of lease on 9-11-73 for their shop in the Corporation building.
4. In F. M. A. No.65 ......……………………………Respondent
Judgment
June 15, 1982.
Result:
These Appeals are dismissed.
Cases Referred to-
Mahomed Musa and others Vs. Aghore Kumar Ganguli and other, AIR 1914 Privy Council page 27;......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....hip TSS 'PACIFIC ABETO' defendant No 1, and defendant No 2, owner of the said ship, agreed to sell it for a sum of US dollar 1,05,876 at the rate US dollar 1700.00 per LDT CIF Chittagong. The agreement for sale was executed on 3rd July, 1981. Plaintiff-appellant established an irrevocab...... Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. Result: The appeal is allowed. Cases Referred to- Hussain Bakhsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=PLD 1970 SC 1; R.P.0'......s as stated are that in pursuance of negotiations plaintiffs agreed to purchase the Turbine Steamship TSS 'PACIFIC ABETO' defendant No 1, and defendant No 2, owner of the said ship, agreed to sell it for a sum of US dollar 1,05,876 at the rate US dollar 1700.00 per LDT CIF Chittagong. The ag..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....our subscribers namely Abdur Rashid, M.A. Quasem, Nurul Islam, respondent Nos. 7 to 9, each subscribing 100 shares and Mosharraf Hossain Khan respondent No.1 subscribing one share. In pursuance of an agreement dated 11-3-80 respondent Nos.1, 7 to 9 transferred their shares to petitioner No.1 and her......
Judgment
May 28, 1982
Result:
The appeal is dismissed.
Companies Act (VII of 1913); Section 38
In a proceeding under Section 38 the Petitioner is not entitled to a relief ex-debito Justitiae and the Court has discretion to refuse remedy if the matter is not a......Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....ant Abdul Quddus should give her (P.W.2) some landed property and a share in the taxi. He agreed to give 11/2 bigha of land and half share of the taxi but the relations of P.W.2 refused to come to an agreement with him on such terms at the Registration office. Thereafter the informant party falsely ......ip;………………………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Abdul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The ......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
....y knowledge about the will or the probate. According to him R.S. and P.S. Khatians are correct. This witness, however, was claiming his presence at the time of the kabalas but he did not see any agreement. 11. On behalf of the contesting defendants 4 and 5 D.W.2 Sudhir Chandra De was ex&sh......p;…………………………..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; ...... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
91379533953578889418907794211838849793777123712293436821933593697099922793349338