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Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)
....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49 ......he defendant has arisen out of a suit for specific performance of contract of reconveyance. The plaintiff's case is that he sold the suit land to the defendant for Rs. 3000/- by a registered deed on 13th As win 1370 B. S. on condition of repurchase of the same land from the defendant on rep..Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......the Kabala dated June 9, 1945 between Prohllad Chandra Sen and the Bank was not an out and out sale but was a mortgage on conditional sale, that the plaintiff's predecessor by the subsequent sale-deed dated August 22, 1953 did not acquire valid title and that the Bank went into liquidation in Ju..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
....professions end callings specified in Schedule IV at such rates at may be fixed by the Commissioners within the maximum rates fixed in the said Schedule ; (g) a fee on the registration of carts; (h) tolls on ferries and on bridges; (i) a fee on vessels moored w......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
....ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ...... order of the Administrator of Waqfs removing the petitioner as one of the Mutawallis of a Waqf estate. 2. Facts necessary for the disposal of the Rule are that the father of the petitioner by a deed of Waqf registered on 14.6.51 created a Waqf. It was provided in the said deed that after his d..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ......uted and registered through Court. He obtained delivery of possession through Court on 8-5-66 in presence of the defendants. Proforma-defendant 3 made a gift of the suit premises by a registered deed of gift on 9-4-70, in favour of the plaintiffs. Proforma-defendant 3 after acquisition of title..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....ector of Public Instructions for two years only and it appears that after the expiry of two years there has not been any further renewal or extension of such recognition at all. Even there is no registration of this school under the provisions of East Pakistan Registration of Private Schools Or...... having no legal effect. Accordingly, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 30. ..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....ulsorily registered under the law If such power of attorney empowers a person to execute a deed of sale or any kind of transfer or sale of immovable property that power of attorney requires registration under the law. This is not legally tenable as a power of attorney executed in ter......ult: The appeal is allowed. Power of attorney is not a document which requires to be compulsorily registered under the law If such power of attorney empowers a person to execute a deed of sale or any kind of transfer or sale of immovable property that power of attorney requires r..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
....ndisputed legal position is that onus is upon the applicant seeking pre-emption to prove the date of knowledge if the applicant comes long after the usual period of limitation following execution and registration of the deed. In the instant case, the petitioner has come with his application for pre-......ciate the law involved. Mr. Chowdhury has pointed out that in coming to this conclusion the Courts below have mainly relied on the recitals of the document itself and on the evidence of the deed-writer who was examined as P.W.2, The Courts below have only referred to the evidence of the de..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....ed order calls for no interference by this Court. The rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......ed written statements in the in suit. Defendant No. 1 in his written statement and the added defendant Nos.3-5 in their joint written statement have stated that the defendant No.1 did not execute the deed of agreement in suit and did not agree to sell the disputed household property to the plaintiff..Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1
....vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
......d 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 enterprise has ..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....r is less. Sub-sections (5) and (6) were also inserted by Act VI of 1938 whereby it was provided that after the expiry of the period mentioned in the instrument or 15 years from the date of registration of the complete usufructuary mortgage or from the date of mortgagee's entering......mendment such expression could have been supplied by the Court as casus omisus. Even Lord Wensbydale who propounded the Golden rule of construction stated:— "In construing wills and indeed statute and all written instruments the grammatical and ordinary sense is to be adhered to, unl..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......n agricultural but non-agricultural land and used for residential purpose and as such cannot be pre-empted under section 96 of the State Acquisition and Tenancy Act. On reading the original deed by which lease was granted mainly for "purpose not connected with agriculture" their ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)
....et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ......et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ..Category: Family Law | Date: 30 Nov, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....ip;Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. Effective delivery of possession of gifted immovable prope...... Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. Effective delivery of possession of gifted immovable property in occupation ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
....t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
...... executed a General Power of Attorney in favour of one Sk. Md. Abdul Mannan, son of late Abdul Hamld of Village Churian under PS Nawabgaoj, Dacca authorising the said Sk. Abdul Mannan to do all acts, deeds or things for on their behalf including disposal of the holding by the sale. Sk. Md Abdul Mann..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)
....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......e and possession of the fishery was duly delivered to him on August 26, 1977; and that he invested Tk. 1, 00,000/-for rearing and preserving fish in the fishery and executed the neceessary lease deed. His further case is that some objection petitions were filed by the unsuccessful bidders for c..Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......t on September 30, 1972 in favour of the appellant authorising him to do all acts necessary for protecting the property and for disposing of the suit land. On the instruction of the respondent a deed of lease was executed by the military authority in respect of the suit land on April 20, 1973 s..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
.... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
......hellip;………..(9)
Maxim-Nullus Commodum Capere Potest De Injuria Sua Propria—No man can take advantage of his own wrong.
The learned Attorney General argued that no deed of transfer having been executed, no right was conferred on the former owners for claiming rest..
Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Shamsuddin Hyder Vs. Mr. M. S. Khan, Addl. District Magistrate & others, 1979, 8 CLC (HCD)
....d tinder the law; lastly, that there was no specific allegation against the petitioner. 4. With regard to the first ground, it appears from the Impugned judgment that the petitioner obtained his registration card as clerk on 24.3. 66 (Ext. A) whereas the notice by the Secretary of the Mukhtear ......ut having regard to the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 303 ..Category: Constitutional Law | Date: 7 Mar, 1979 | Hits: 3
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....ordinary General Meeting of the shareholders held on 5-10-62 in which the petitioner was present and signed the proceeding thereof which was then forwarded to the Registrar, Joint Stock Companies for registration. The amended Memorandum and Articles of Association was duly registered and thereafter ...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
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