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Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)

.... in execution. Send down copies of the judgment to the Courts below at one. Parties will bear their own costs in this Rule. Ed. This Case is also Reported in: 36 DLR (1984) 90. ......following facts:— 2. The petitioner transferred certain property to opposite party Nos.1 and 2 by a registered kabala dated 20.05.1970 for a sum of Tk.4,700/-. On the same day a registered deed of agreement was executed by the parties whereunder the opposite party Nos.1 and 2 agreed to re..

Category: Property Law | Date: 6 Mar, 1984 | Hits: 119

Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)

....nt and decree passed by the appellate court is set aside and those passed by the learned Munsif are hereby affirmed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 163   ......um Oil Com) wherein it has been held by their Lordships of the Supreme Court of Pakistan as follows: "In the absence of some rebutting circumstances, a person in possession under an invalid deed which he claimed as valid held in his own right and his possession was adverse to the owner.&qu..

Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5

Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)

....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45.       ......e Wakf Commissioner demanding the removal of the said Mutawallis. The said two Mutawallis resigned from their office on 2-7-1941 by submitting letters of resignation Exts.7 and 7 (a). In terms of the deed of Wakf the plaintiffs being the remaining male descendants were to be the Mutawallis. In the l..

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)

.... newly incorporated company and was also asked to submit the Memorandum and Articles of Association to the Government for scruting before they are sent to the Registrar of the Joint Stock Company for registration. Accordingly the shareholders brought the Imperial Chemical Industries (Bangladesh) Lim......hemical Industries (Pakistan) Ltd. to obtain extension of validity of the Income Tax clearance certificate for 3 months more due to the disturbed condition of the country so that the execution of the deed of sale could be finalised. By letter Ext. 4(c) dated 24.3.71 the Imperial Chemical Industries ..

Category: Abandoned Properties Law | Date: 13 Dec, 1983 | Hits: 8

Haji Ali Hossain & others Vs. Badsba Meah & others, 1983, 12 CLC (HCD)

....erits. The appeal, therefore, fails. Parties are made to bear their own costs in this appeal. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 37     ......) motive, if any, for giving the transaction a benami Colour; (4) the position of the parties and the relationship, if any, between the claimant and the alleged benamdar; (5) the custody of the title-deeds after the sale and (6) the conduct of the parties concerned in dealing with the property after..

Category: Property Law | Date: 23 Nov, 1983 | Hits: 3

Sultan Ahmed and others Vs. Md. Islam & others, 1983, 12 CLC (HCD)

....pellant pre-emptees 1-5 to purchase the case land stating that he did not have money to purchase the land. Pre-emptor respondent No.1 settled the price of the case land and was present at the time of registration of the disputed kabala dated 27.04.1979. He also delivered possession of the case land ......ka 75.25 of Mouza Tetia, P.S. Cox's Bazar to appel­lant O.Ps.1-5 Sultan Ahmed, Syed Nur, Gura Mia, Badar Alam and Samuda Khatun of village Tetia, P.S. Cox's Bazar for Taka 1,00,000/- by a deed of sale (Ext.1) executed and registered on 27.4.79 in the Chittagong Sadar Sub-Registrar's ..

Category: Property Law | Date: 20 Nov, 1983 | Hits: 88

Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)

.... that it was not properly proved under the relevant provision of the Evidence Act. 9. The learned Subordinate Judge failed to consider that under section 51 of the Registration Act all registration offices have been directed to keep certain books in which all documents that have been .......S. khatian No. 48 stands in the name of Bishi Bewa. Suit plot No. 23 is in possession of Nabu Bepari by way of purchase. Nabu Bepari transferred the suit plot to Hem Nalini Guha by a registered sale deed of which the certified copy is Ext. 7 dated 10.9.1918. The trial Court held that Bishi Bewa did..

Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3

Mrs. Ummida Khan Vs. Salahuddin Khan & others, 1983, 12 CLC (HCD)

.... proceed in accordance with law and be concluded expeditiously. Abdul Matin Khan Chowdhury J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 117.   ......ffidavit before this Court, that Serajul Islam Khan did not die quite at Dhaka but on a border area of the District of Dhaka at a place called Rajbari while he was on board a motor launch, though his deed body was malafide taken back to Khulna by that launch driver to be carried back to Dhaka by Bim..

Category: Civil Law | Date: 23 Oct, 1983 | Hits: 3

Md. Shahidul Alam Khan Vs. Md. Gulzar Alam, 1983, 12 CLC (HCD)

....e judgment and of the lower appellant Court and consequently this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 290   ......een the pla­intiffs and the defendants by virtue of a Deed of Gift executed and registered en 5.8 1923 at Jalpaigury now within the State of West Bengal in India. The original copy the registered deed of gift was allegedly and evidently lying with the defendant No.1 as guardian of plaintiffs who..

Category: Property Law | Date: 4 Oct, 1983 | Hits: 2

M/s. A.B. Biscuit Co. Ltd Vs. Haque Brothers Ltd, 1983, 12 CLC (HCD)

....gistered the said Trade Mark, Patent, Design and Copyright with the Registrar of Trade Marks, the Controller of Patents and Designs aid the Registrar of Copyrights respectively. By virtue of the said registration with the appropriate authorities the plaintiff has become the absolute owner of the sai......ny prima facie finding or observation on the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 107       ..

Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 12

Debabarta Chatterjee Vs. Md. Munsur Ali & others, 1983, 12 CLC (HCD)

....k to him for hearing the appeal on merit. Anwarul Hoque Chowdhury J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 136; 4 BLD (1984) (HCD) 107   ......d in Jaistha 1344 B.S. leaving the plaintiffs No.1 and 2 as sons and Sarat Kumari Debi as his widow. Sreemonta Chatterjee constructed a two storied building on the suit land and executed a registered deed of gift in respect of the suit property on 30-6-34 in favour of his wife Sarat Kumari Debi. Sre..

Category: Limitation Law, Property Law | Date: 3 Oct, 1983 | Hits: 6

M/s. A.B. Biscuit Co. Ltd. Vs. Haque Brothers Ltd., 1983, 12 CLC (HCD)

....egistered the said Trade Mark, Patent, Design and Copyright with the Registrar of Trade Marks the Controller of Patents and Designs and the Registrar of Copyrights respectively. By virtue of the said registration with the appropriate autho­rities the plaintiff has become the absolute owner of th......t being influenced in any way by any prima facie finding or observation of the issue of temporary injunction in this judgment. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 107. ..

Category: Intellectual Property Law | Date: 3 Oct, 1983 | Hits: 290

Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)

....thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1.       ......thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1.       ..

Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1

Md. Abdul Latif Vs. Md. Harunur Rashid, 1983, 12 CLC (HCD)

.... Co. and claims to be a leading manufacturer of plastic goods socially bathroom fittings. He invented four designs to be used as bath­room fittings made of plastic. After invention he applied for registration of the same to the Controller of Patents and Designs, Government of the People's Re...... plaint, so long as the copyright of the plaintiff over the same remains under the law. Let the records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) 59. ..

Category: Intellectual Property Law | Date: 6 Sep, 1983 | Hits: 223

Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)

....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.   ...... out the suit. 4. The Court of first instance upon a consideration of the pleadings of the parties and the evidence on record, decreed the suit on a finding that the patta was in fact a mortgage deed and not a lease document, proved by subsequent conduct of the parties and also by oral agreemen..

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   ...... permanent character, a transfer of the tenancy would be an assertion of a permanent right, but if a tenancy is transferable, whatever its nature may be, a transfer, accompanied by a statement in the deed that the tenancy was of a permanent character, will not be an assertion of a permanent right. T..

Category: Evidence Law, Property Law | Date: 6 Jul, 1983 | Hits: 3

Maqsood Alam Vs. KMJ Akbar, Com­modore & others, 1983, 12 CLC (HCD)

....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. ......onation and cheated public officers. It is not stated what public records were tampered with, whom did the petitioner falsely personify and which public officers he cheated, when and how. On 9.8.74 a deed of lease was executed, between the Mili­tary Estate Officer, Dhaka Cantonment, Dhaka (Opposite..

Category: Criminal Law | Date: 23 May, 1983 | Hits: 27

Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)

.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274.             ......aken by him, that the plaintiff approached him for a receipt for the property returned to him and he in good faith signed some papers, that it transpired subsequently that the plaintiff had created a deed of agreement for alleged bhara settlement of the suit premises to which he had no right title a..

Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3

Khalilur Rahman Vs. Mr. Jamsed Ali & others, 1983, 12 CLC (HCD)

....s in view of the Martial Law Regulation No.III of 1983. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 298. ...... claimed to have got 36.06 acres of land including a tank from "five annas" cosharers of former Putiya Raj Estate, Rajshahi by exchanging his landed property situated in West Bengal under a deed of exchange dated 20-8-65. A portion of this property was declared as enemy property and subseq..

Category: Administrative Law, Civil Law | Date: 5 May, 1983 | Hits: 1

Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)

.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47      ......lusion with defendant No. 3, a will. Defendant No. 3 obtained a probate and gave power of attorney to defendant No.1; Anil Kumar Sarkar, who on the basis of the power of Attorney created a registered deed of exchange on 10-10-1980 in respect of the suit property in favour of his wife defendant No.2...

Category: Property Law | Date: 4 Apr, 1983 | Hits: 4