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Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)

....es power to get regis­tered an "execute sale-deed." The High Court Division construed the Power-of-Attorney otherwise and found it to include and contemplate power of both execution and registration of a sale-deed for the purpose of transferring the land. Moreover, the principal namely...... one Sekandar giv­ing him full power to transferred the suit land and Sekandar accordingly transfer the suit land consisting of all the three plots to the plaintiff by executing a registered sale-deed dated 9-4-51, Ext. 2, Plaintiff immedia­tely took possession, constructed a few huts on the..

Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99

Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)

....eal to the Appellate Division. The prayer is allowed. It is certified that it is a fit case for appeal to the Appellate Division. Ed. This Case is also Reported in: 41 DLR (1989) 90. ...... petitioner) were issued upon the respondents and the Government of Bangladesh in particular: "(1) The possession of the lands and here­ditaments as described in Schedule I of the lease deed (Annexure A to the petition) subject to the reservation specified in Schedule II thereof be re&..

Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder alias M. R. Sikder & others, 1983, 12 CLC (AD)

.... 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. ......at has taken place between the parties, as mentioned in the judgment of my learned brother. It is well established that a notice or rule for contempt of court must set out precisely and in detail the deeds or words which are raid to constitute contempt, the reason being that unless such details of t..

Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132

Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)

....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99.     ......ndra Chandra Roy Vs. Jonab Ali reported in 29 D.L.R. (Dacca) 1977 at page 229 dis­missed the proceeding for pre-emption. The learned lower appellate Court set aside that judgment holding that the deed of reconvey­ance was brought into being only to defeat the claim of pre-emption and in that..

Category: Property Law | Date: 24 Nov, 1982 | Hits: 2

Bangladesh House Building Fin¬ance Corporation Vs. Bangladesh House Building Finance Corporation, 1982, 11 CLC (HCD)

....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.         ......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

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....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     ......hereafter respondent No. 4 demanded Tk. 3,70,360/22, the balance of the loan taken from him. As the husband of petitioner No. 2 was not in a position to pay the outstanding dues to respondent No. 4 a deed of agreement was executed on April 21. 1980 between M/s Noor Planters Ltd., first party, M.A. M..

Category: Company Law | Date: 28 May, 1982 | Hits: 3

Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)

....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.   ......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)

.... 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.   ...... trust prop­erty under the Will of late Girish Chandra Aich Chowdhury. C. That the alienations made by the afore­said Mahendra and Nikunja in favour of other defendants and the partition deed dated 3-11-31 be declared not to be bind­ing on the estate and administrator of the estate ..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

Albert David (Bangladesh) Limited Vs. Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, 1982, 11 CLC (HCD)

....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 356   ......nalized enterprise it is allowed by the Corporation to manage its affairs according to the rules of its Constitution, that is its Memorandum of Association and Articles of Association or agreement or deed under which it was originally created, it may be said that such company or enterprises has main..

Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5

Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)

....e had purchased.19 land from the original owner Kalipada by Ext. A(I) which was a document executed on 21.11.75 and registered on 17.12.77 and thus he became already a co-sharer in the holding as the registration number of his kabala was 24655 while the registration number of the kabala sought to be......ent on the face of the record in not holding that this petitioner became a co-shararer by his purchase by Ext.A (I) whereby his right accrued from the moment of execution and registration of the said deed while the kabala sought to be preempted was executed and registered subsequently though on the ..

Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2

Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)

....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185.         ......0.00 from his account in Sonali Bank, London Branch to Sonali Bank, Dargagate, Sylhet and paid the entire consideration money on 20-4-1981 and on the same day the Government executed and registered a deed of sale in favour of the petitioner whereby the hostel premises along with the land was sold to..

Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

....the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7.   ......ich was supposed to be drawn up on the basis of the records of this case, it was asserted in para 8 that "it is also not a fact that the petitioners made any plantation as claimed." It is indeed' unfortunate that a re­sponsible officer like the Section Officer who has claimed that ..

Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2

Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

....nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......ch was supposed to be drawn up on the basis of the records of this case, it was asserted in para 8 that "it is also not a fact that the petitioners made any; plantation as claimed". It is indeed unfortunate that a responsible officer like the Section Officer who has claimed that he was con..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Gopal Chandra Mondol Vs. Lashmat Dasi, 1982, 11 CLC (HCD)

....dge, Dacca are hereby affirmed. But in the facts and circumstances of the case the parties are directed to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 145 ...... only one son namely Jagadish (Defendant No.1) who died leaving one daughter in Lakhan Desi and that Jagadish during his life time made a gift of the suit land in favor of Lakhan Dasi by a registered deed of gift and Lakhan Dasi sold the suit land to defendant Nos. 2, 3 and 5 by a registered sale de..

Category: Evidence Law | Date: 7 Jan, 1982 | Hits: 3

Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)

.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116   ......ra Nath Chandra and another Vs. Diau Prodhan and others reported in A.I.R. 1930 Calcutta 738 in support of his contention that Chunnu was entitled to create a lease in favor of defendant No. I as the deed of mortgage did not prevent the mortgagee from settling any tenant in the mortgaged land, and t..

Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10

Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)

.... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51         ......t the land id suit originally belonged to his father. While his father was in possession of the same as owner he sold the suit land to defendant No.1 for a consideration of Tk. 1000/- by a registered deed, dated 20.10.58 and on the same day an agreement was entered into between the said transferee a..

Category: Property Law | Date: 7 Dec, 1981 | Hits: 2

Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)

....hat it was not so. Apart from this general principle of law, section 60 of the Registration Act provided that a registered document duly certified by the Registrar is an evidence of its due registration and due execution (Reference 102 I. C. 283) and who alleges that it was not so the burd......he instance of the plaintiff is against the decision of the learned Sub-ordinate Judge, Noakhall affirming those of the Munsif, Third Court, Noakhall passed in a suit for more declaration that a sale deed No. 5058 registered on 30.6.70 at the Senbagh Sub-Registrar Office purported to have been execu..

Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2

Archana Proshad Nandi Vs. Miss Chilia Ran­dolph and others, 1981, 10 CLC (AD)

.... Tk. 2.000/- and the signatures of defendant 1 and 3 and the signatures of 4 witnesses. Since the defendants, have not fulfilled the terms of con­tract, namely, the execution of the kabala and its registration by 17th January 1961, the plaintiff served a legal notice on 8.1.1961. Defendant 1 was......t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106.   ..

Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

....he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407   ......dings because firstly, it is an embargo upon entertaining any future petition, and secondly, it does not say that earlier petitions which have already been entertained should not be proceeded with. Indeed, from the wordings of the memo in question we do not find any embargo upon carrying into effect..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Md. Amjad Molla Vs. Syeduzzaman Molla & Others, 1981, 9 CLC (AD)

....e trial court restored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 448 ......79. 2. Accused -respondents were put on trial before the Sessions Judge. Bogra, to answer a charge under Section 467 read with Section 34 of the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellants. Facts are that accused Ama..

Category: Criminal Law | Date: 14 Jul, 1981 | Hits: 0