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....ceable under section 53-A provided all the other conditions of that section are satisfied.
11. In Muralidhar Kulthia Vs. Sm. Tara Daye reported in AIR 1953 Calcutta 349 it is held that where the transferor has put the transferee in possession in part performance of the contract section 53-A of ......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.
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Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....oss and damage arising from such default shall be recoverable from the plaintiffs together with interest @ 12% per annum and if there is default by the defendant No.2 in the execution of a legal transfer or in delivery of the vessel and all her stores in the manner and within the time specified......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
.... Nurul Islam, respondent Nos. 7 to 9, each subscribing 100 shares and Mosharraf Hossain Khan respondent No.1 subscribing one share. In pursuance of an agreement dated 11-3-80 respondent Nos.1, 7 to 9 transferred their shares to petitioner No.1 and her husband MA. Muktadir, added respondent No. 10. O......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
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... and five annas respectively in life interest and on their death their heirs would accordingly have life interest in the said shares. The beneficiaries under the Will were not given any right to transfer the property in any way. Mohendra was however appointed an executor named in the Will. Af&s...... 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
....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)
....rned Munsif observed "according to the various provisions regarding contained in S. 96 of the S.A.T. Act the right of preemption accrued on a particular date and not from the moment of transfer. Though Ext. A (I) bears the No. 24655 and the disputed kabala bears the number 24656 i.e. ......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)
....the Bangladesh Bank had offered Taka 6 lacs for the same premises but the Government did not agree and thereafter entered into an agreement with the petitioner as aforesaid. The petitioner thereafter transferred Taka 36,30,000.00 from his account in Sonali Bank, London Branch to Sonali Bank, Dargaga......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
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ......te the Secretary submitted the file before the Hon'ble Vice-President who approved it on 7.1.82 and the impugned order was communicated to the petitioner on the same day, i.e. on 7.1.82. We are indeed impressed by the commendable expedition with which the Government file moved in this particular..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....as been further stated in the petition that the petitioner No.2 and his wife late Mrs. Halima Banu had invested large amount of money previously for development of the inaccessible area and they transferred all their rights in the property to petitioner no.1, against shares allotted to them as ......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)
....It has been further stated in the petition that the petitioner No. 2 and his wife late Mrs. Halima Banu had invested large amount of money previously for development of the inaccessible area and they transferred all their rights in the property to petitioner No. 1 against shares allotted to them as ......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)
....ition of the land in suit but the defendant did not agree and hence this suit for partition. Jagadish, defendant No.1 contested the suit by filing a written statement. Defendant Nos. 2, 3, and 5, the transferees from Lakhan Dasi, daughter of defendant No.1 also appeared and contested the suit by fil...... 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
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....State Acquisition and Tenancy Act 1950 (hereinafter referred to as the Act) would fail in absence of a finding by the trial Court as to the eligibility of a pre-emptor U/S 90 of the Act to pre-empt a transfer have been expressed by some Single Benches of this Court. 2. The petitioners as pre-em......for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....State Acquisition and Tenancy Act 1950 (hereinafter referred to as the Act) would fail in absence of a finding by the trial Court as to the eligibility of a pre-emptor u/s 90 of the Act to pre-empt a transfer have been expresÂsed by some Single Benches of this Court. 2. The petitioners as pre-em......ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... the suit was filed on 10.5.61 it was clearly not barred by limitation. 7. Mr. Ahmed has next contended that the legal status of a mortgagee of a mortgage by a conditional sale being that of the transferee, defendant No. 1, by virtue of oral lease from Chunnu Bepari, was a second degree tenant ......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)
.... 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 and the transferor for reconveyance of the said land on repayment of the consideration mo......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
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....inst the judgment and Order of the trial court could a party seek a review for clarification of an incidental and consequential Order; (3) whether the new information that the corporation intended to transfer the vessel to a third party wholly on Bank guarantee was relevant for the purpose of the di......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ......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
Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
....ing motive. It is essentially a co-operative venture for the benefit of its members who have no land or house in the city of Dacca. The ownership of the land covered by the housing scheme will not be transferred to anybody, and shall remain with the respondent society and the members of the responde......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)
....conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A. has committed forgery.” 6. On the facts proved it is found that Amatunnessa transferred her entire interest to the appellant by the kabala executed and registered by herself on......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
Bengal Water Ways Ltd & Another
....9;B' class shares. Alauddin Ahmed was the Chairman, Rhimuddin Ahmed was the Managing Director and Zahiruddin Ahmed was the Operating Director of the Company. 6. In June, 1962, Alauddin Ahmed transferred his shares in equal proportion to respondent No. 1 and Zahiruddin Ahmed and thereafter c......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
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