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Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ......he above kind of purchased interest". Further, in paragraph 10 of the plaint, he stated, "the proof of the joint business and joint fund of the plaintiff and defendant No. 1 the partnership deed on stamped paper was executed by both and the copy was submitted in the Income‑tax office at ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Afruz Miah (Md) and another Vs. Alhaj Md. Siraj Miah, 1990, 19 CLC (AD)
....led the present suit. 4. Deceased Siraj Miah also filed a petition for temporary injunction and appellant No. 1 filed a written objection on 7.2.83 stating, inter alia, that deceased Siraj Miah transferred his 100 shares in the said hotel to appellant No. 2, the son of appellant No. 1 and his ......cessary for disposal of this appeal, is that, the deceased plaintiff Alhaj Md. Siraj Miah (now substituted by his heirs) filed the present suit (Title Suit No. 358 of 1982) for a declaration that the deed of partition dated 1.7.81 is illegal, fraudulent, void and not binding upon the plaintiff and f..Category: Procedural Law | Date: 5 Aug, 1990 | Hits: 91
Abul Kashem and others Vs. The State, 1990, 19 CLC (AD)
....e shall not be deemed to be an Additional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, references and reviews if they are made over or transferred to him by the Sessions Judge. Case Referred to- Nurul Huda Vs. Bahar Uddin &a......lowed. The appellants shall appear before the Sessions Judge, Bhola and till then the bail granted by this Court will continue. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 77. ..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 51
....pite of giving reminders they did not furnish any papers in support of their title and possession of the suit property. Neither the previous management of the bank nor the official liquidator sold or transferred the aforesaid property to any person. Since the bank under liquidation is the absolute o......lved in the present suit it is stated that the bank‑in‑liquidation purchased the same in 1945 from M/s. Md. A Gani, Md. A Majid and Md. A Hamid who got title over [he said property by virtue of a deed of Heba Bil Ewaj executed and registered by their father on 20Lh Ashar, 1341 BS (July, 1935). T..
Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....rmine [he issues involved as the evidence on record was complete. 2. The appellants filed Title Suit No. 367 of 1991 in the 2nd Court of Subordinate Judge, Sylhet under Muslim Law for directing transfer of the suit land to the plaintiffs and ordering delivery of possession of the suit land to ......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
.... that for all time to come he will continue as a tenant at will Ordinarily, the word "Dakhalkar' in the record of rights is no doubt indicative of a mere tenant‑at‑will without any transferable or heritable interest, but the word cannot be limited to a mere tenant‑at‑will unde......ithin Rajshahi Municipality in CS record; Ext.11. She constructed a house thereon which is standing till today. She gifted her interest in favour of her foster son Gopal Chandra Ghosh by a registered deed of gift (Ext. 5) on the 23rd Poush, 1326 BS corresponding to 6.6.1919. Gopal was recognised by ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
....fendants, inter alia, (a) For a decree declaring that the Schedule sale deed No. 14705 dated 8.8.1972 is adjudged as void, delivered up and cancelled and declaring that the so‑called sale deed transferring to the defendant No. 1 2 annas 6 gondas 2 Karas and 2 karanti share of Syed Wazed Ali A......ntiff instituted Title Suit No. 589 of 1983 in the 1st Court of Assistant Judge, Dhaka impleading the respondents as the defendants, inter alia, (a) For a decree declaring that the Schedule sale deed No. 14705 dated 8.8.1972 is adjudged as void, delivered up and cancelled and declaring that the..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
........Opposite Party Judgment July 11. 1990. Result: The Rule is discharged. A lawyer should be very vigilant and diligent in drafting applications particularly application for transfer of suits alleging bias of a judge. AIR 1963 (Pat) 353 and PLD 1955 PC 185 cited.............he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Dr. Md. Abdul Baten Vs. State, 1990, 19 CLC (HCD)
.... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ...... by the learned Additional Sessions Judge in Revision Case No.381 of 1985 is hereby quashed. Send down the records expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 60. ..Category: Criminal Law | Date: 27 Jun, 1990 | Hits: 110
....of natural justice.
9. Mr. Sayyid Shahid Hossain, the learned Advocate for the opposite party No.1, contended that the petitioner was originally an employee in the Ministry of Agriculture and on transfer he was at first appointed as an Assistant in the Bangladesh Agricultural Research Council o......reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
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Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....... Petitioner Vs. Eastern Industries (Bangladesh) Ltd. and others.......................Respondents Judgment June 17, 1990. Result: The Application is allowed. No transfer can be registered without a proper instrument of transfer and share certificate and the com......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....sion at Dhaka, instead of by any Bench at Comilla or Sylhet Session. This submission is quite reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ......reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....eir heirs were substituted. Respondent, Shamsul Hoque, left Bangladesh in July 1972 and resided in Calcutta. He returned to Bangladesh in April 1977 and having heard about unauthorised and fraudulent transfer of most of his shares in the "Company" in favour of the appellant and his wire he......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
.... kabala was of much earlier date than the alleged discomfiture of Irshad, After holding that Benode was not in khas possession of the land of first schedule including the suit land at the time of the transfer to Sajjad Ali the Appellate Court affirmed the findings of the Trial Court that Sajjad Ali ...... which includes the second schedule land belonged to one Benode Behari Das in maliki right. Bharat Chandra Das used to live on the first schedule land as a tenant. He executed a bi-lateral registered deed of lease in respect of the first schedule land on 6th Bhadra, 1346 BS (Ext. 3). After the death..Category: Property Law | Date: 28 May, 1990 | Hits: 57
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
..... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ......egard to which declaration is sought itself is void ab initio. This view was supported in the case of Pethen Permal Chetty Vs Muniandy Servai 35 (Cal) 551. In this case both the courts found that the deed of gift executed in favour of the defendant was void for want of deliverly of possession to the..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ......forged and was available in the office. He, by showing such false documents induced the purchaser to purchase the house from the accused petitioner at amount of Taka 12 lakhs and during executing the deed of agreement an undertaking was also given in writing by the accused petitioner that in case, t..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
....on 96 The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution or registration of the transfer deed under pre-emption - Whether right to defend such a case arises from the date of execut...... The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution or registration of the transfer deed under pre-emption - Whether right to defend such a case arises from the date of execution or re..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
.... a Title Suit being Title Suit No.419 of 1980 in the 1st Court of Munsif Dhaka for ejectment on determining his tenancy with due notice under section 106 of the Transfer of Property Act. The suit was transferred to the 6th Court of Munsif, Dhaka and it was renumbered being TS No.522 of 1982 and it w......for eviction from the suit premises contending, inter alia, that defendant is an ordinary ejectable monthly tenant under the plaintiff in respect of the suit holding at a monthly rental of Tk.625/. A deed of monthly tenancy was executed between plaintiff and defendant for a period of 5 (five) years ..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
.... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ......400/‑ to the defendants and a question of payment of interest arose. In these circumstances a single Bench of Rajasthan High Court held: "Where the rate of interest stipulated in the deed of mortgage was 12 per cent per mensem simple and that was limited to the part of the mortgage ..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
....ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ......n defendant No.2 got the land of the suit plot by amicable partition with other co‑sharer and while in possession he sold 0.30 acre of land from the said plot to defendant No.1 by registered kabala deed and since then defendant No.1 has been possessing said purchased land. 4. Defendant's ..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
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