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Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ......g relating to the suit land was in arrear for rent for which the landlord, brought Rent Suit No. 513 of 1924; that the rent suit must have been for arrear of rent due prior to April, 1924 that in the deed of the mortgage mortgagee did. not undertake any obligation to pay arrear rents; that there was..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
....nstigation of her husband's brother, Moslem Ali, refused to execute the same. Defendant No. 1's son handed over the sale certificate and the copy of the writ of delivery of possession and the registration delivery ticket of the deed of release to his maternal uncles, defendants Nos. 2 and 3,......t he paid the auction money and purchased the suit land in the name of the plaintiff's father and was in possession of the same Defendants No. 2 and 3 along with the plaintiff agreed to execute a deed of release in favour of defendant 1 but on 30.7.52 a deed of release was executed and registere..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......the same partners who are liable to face the loss as well in one or both the business. If same partners having the same set of shares are allowed to carry on different businesses under different deeds of partnership they will be in a position to evade of income tax which is otherwise assessable..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......s.100/00 as advance rent on 26-10-60 and the defendants were given possession in the suit land. The plaintiff's case is that the document, thought described as meadi patta, was in fact a mortgage deed. The defendants had enjoyed the usufructs of the land from Poush, 1367 B.S. by growing crops th..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......, any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
....e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
...... 22 DLR 48 that the petitioners having proved their prima facie title by showing that they were in possession of the disputed Rice and Oil Mills as Managing partners on the basis of a registered deed of partnership entered into by the said petitioners and one Chairaonjiblal Sharaf who acqu..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....; Ajimuddin Pramanik & ors. Vs. Najemudddin Mondal & ors, reported in 17 D.L.R. (Dacca) 231 held: “The date of transfer, so far as he is concerned d must, therefore, be the date of registration. We have thus no hesitation to hold that the right of a non-notified co-sharer tenant t......egistration. We have thus no hesitation to hold that the right of a non-notified co-sharer tenant to apply under section 26F of the Bengal Tenancy Act accrues, only upon registration of the deed of transfer.” Mr. Hasib also relied upon a single Bench decision of the case of Abdu..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Dacca Match Factory Ltd Vs. Bangladesh Match Company Ltd. Principal-Defendant, 1977, 6 CLC (HCD)
....rse namely '3 horses' 'horse and arrow and stars' 'horse -with ladder' and 'horse with stripes' etc.- the defendant has applied before the Registrar of Trade Marks for registration of their trade mark 'Chand Ghora' an order of temporary injunction would cause ...... ad interim order of injunction is vacated. There will be no order as to costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 244. ..Category: Corporate Law | Date: 23 Aug, 1977 | Hits: 8
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....nt of Tk. 10,000/-was sent to the plaintiff for this purpose by K.A. Qureshi by a bank-draft; the plaintiff withdrew Tic 2765, as the value of spoiled stamp of the defdt. No.1 in case No. 258/72. The registration fee of Tk. 4,000/- in connection with the Lease-Deed was also this defendant's mone......session of the suit land to his sub-lessee, defendant No.4 who, in due course constructed a petrol pump station in which defendant No.1 started business of distributing petrol from 1970. But no lease-deed in pursuance of the auction held on 12 12.66 was yet executed and registered by defendant No. 3..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ...... deny the relief to the petitioner and to say that his remedy is available to the civil court is to put a premium for the illegality committed by the respondents and allow this to get away by a wrong deed. In this view of the matter the opinion is this direction can be made in this petition and acco..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ......n for pre-emption…………..(7) Section 96 of the Act is not applicable since the land transferred is a homestead. The pre-emptee is bound by recital made in the deed of transfer. The homestead being a part of the holding of a raiyat is not excluded from the ope..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......din Sarkar for a price of Rs.50/-did not require under the law then in force a registered instrument and could have been made orally. In those days, of course, every transfer, whether by a registered deed or otherwise, was subject to the consent of the landlord but for which the purchaser's righ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....on either side have taken it out of the ambit of section 107 of the Transfer of Property Act, that is to say, it cannot be regarded as having created a lease for a period exceeding one year requiring registration under section 17(1) (d) of the Registration Act. Further, whether in the absence o......nt and decree of the Trial Court being First Appeal No.37 of 1976 before the High Court Division which was dismissed on August 10, 1976. 4. The High Court found that (1) the exhibit 1 was a deed of agreement for monthly tenancy and did not require to be registered under section 107 of the ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
...."M.L. Madina." 3. Plaintiff’s case, in short, is like this: On April 29, 1964 at about 7 P.M. "M.L. Jalamoni" a passenger service launch of under 25 gross tons, bearing registration No. M-1165 with a certificate of survey valid till July, 1964 proceeded about 400 yards......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
....of the order under appeal and is not a part of the subject matter of the appeal, such an order is not affected by the appellate order in any way and it has been held in the said case that an order of registration of the assessee company having not been a subject matter of the appeal against the orde...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ......gistered office at Chittagong in Bangladesh and has been owing and possessing the land and buildings in holding No. 118, Segun Bagicha, P.S. Ramna, Dacca, after purchase of the same by the registered deed of conveyance dated 14th July, 1952 for a consideration of Rs. 77,393/9/- annas. The land measu..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....nd manage the concern, the Government of Bangladesh may notwithstanding anything contained, in any law for the time being in force or in any instrument or document relating to the incorporation, registration, creation, constitution or formation of the concern, by notification in the official Ga......ents before him by the 15th of January, 1972 with a view to examining them for taking appropriate action. A reply to the said letter was sent on the 14th of January, 1972 along with the original deed of partnership stating that the firm was being smoothly run, that out of 6 partners 5 were pres..Category: Others | Date: 27 Jan, 1977 | Hits: 217
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......ed that "Mutawalli" has been defined in section 2(6) of the Waqfs Ordinance which runs thus: "2. (6) 'mutawalli' means any person appointed either orally or under any deed or instrument by which a waqf has been created or by a competent authority to be the Mutaw..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Salamat Khan Vs. Q.G. Ahad, 1976, 5 CLC (AD)
....ot time barred. He found flying of stamp on the award not a pre-requisite for the validity of the award, and so fixing of the stamp on 9-9-68 did not make the award illegal. He next hold that want of registration did not make the award invalid. He however held that the stipulation in the arbitration......y deleting the second arbitration or the umpire clause stipulated between the parties earlier. The Respondent by writing a letter has clearly accepted the modification of the arbitration agreement. Indeed, it was his proposal that was given effect to by the Additional Deputy Commissioner. The pro&sh..Category: Alternative Dispute Resolution | Date: 20 Jan, 1976 | Hits: 352
....
The Rule is, accordingly, made absolute;
We, however make no order as to costs.
Shahabuddin Ahmed J.—I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 597
......er who was a Hawker was allotted his present plot. After the allotment of the plot of land measuring 55.90 sq. fit. The petitioner constructed his shop on the said plot. The authority also executed a deed of lease with the petitioner on 16.9.71 which was registered on 28. 9. 71. The authority also e..
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
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