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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)
....ies Ordinance (LVII of 1962), Section 62 Banking Companies Ordinance - Winding up order made— A matter pending before the High Court Division or Appellate Division on appeal cannot be transferred to the Company Judge. Lawyers Involved: M.H. Khandker, Sr. Advocate, with ......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
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
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
..... The trial Court found the will genuine and granted Letters of Administration. On appeal a Division Bench of the High Court Division held that by virtue of the notification of 3rd December, 1965 the transfer even by a will was prohibited, and so the prayer for grant of Letters of Administration cou......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....nion of India 1957 SCA 660 this case related to the constitutionality of Section 5(7-A) of the Indian Income Tax Act which empowered the Commissioner of Income tax and the Central Board of Revenue to transfer any case from one ITO to another. The question raised here was whether provisions of the se......ey-General also relied on observations as occur in the same judgment. "We are not unmindful of the fact that a very wide discretionary power has been conferred on the Government and, indeed, the contemplation that such wide powers in the hands of the executive may in some case be misu..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
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
....e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
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Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....wed. 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 registration under the law. &......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)
..... Nurul Momin Mondal O.P. Nos. 3 and 4 of the Misc. case. Petitioner Abdul Jabbar Mondal, O.P. No 2 Md. Israel Hossain Mondal and O.P. No.3 Dr. Nurul Huq Mondal were co-sharers of the holding. Israil transferred his land to the O.P. No.1 Musammat Nurunnahar Banu, wife of O.P. No.3 Dr. Nurul Huq Mond......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)
....aragraph as paragraph 9(1) after paragraph 9 of the plaint in the following terms— "That the added defendant Nos.3-5 are not bona fide purchasers for value without notice. The alleged transfers by the defendant No. 1 in favour of the added defendant Nos. 3-5 are hit by the doctrine o......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
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ......of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....the appropriate authority to take it over, and so the authority, whether the Custodian or Additional Custodian or Assistant Custodian or Board, may, for its management and control and vesting or transfer either under Rule 181 or 182 of the Defence of Pakistan Rules take action. It is to be ob&s....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....its order dated April 5, 1974 the services of all officers of various enterprise of the scale of Tk. 600/- and above were placed under the administrative control of the Corporation and were made transferable within the Corporation. As the appellant was drawing a salary of Tk. 1,600/-in the scal......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
Kh. Ehteshamuddin Ahmed @ Iqbal Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....12, 1979 after hearing the Attorney General of the Govt. of Bangladesh. 10. The main ground for challenging the legality of the proceedings before the Special Martial Law Court No.11 is that the transfer of the case from the Court of the Sub-Divisional Magistrate to the Special Martial Law Cour...... (2) Abdur Rouf Vs. Abdul Hamid Khan, PLD 1965 SC 671 (3) support this proposition. In the words of Hamoodur Rahman, CJ. in Federation of Pakistan Vs. Saeed Ahmed PLD1974SC 151 (168) (4) "Indeed mala fide acts stand on the same footing as Acts done without jurisdiction. Similarly coram non..Category: Constitutional Law | Date: 27 Mar, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....ich the land in question lies. 4. Bangladesh is the appellant. The learned Attorney General appearing for the appellant contended that the High Court Division erred in holding that the word 'transfer' in section 95A of the East Bengal State Acquisition & Tenancy Act must be construe......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
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
.... application falling under the second part of sub-section (1). Sub-section (4) provides the period of limitation for the remaining co-sharer tenants or the tenants holding land contiguous to the land transferred, to join in the pre-emption proceedings. This period of two months begins to run from th......l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
..... 97 acres of land appertaining to C.S. plot Nos. 430 and 431 corresponding to S.A. plot Nos.796 and 792 and C.S. Plot Nos. 425 and 430 corresponding to S.A. plot No.773 of Mouja Panthadubi which was transferred to the petitioner for consideration of Tk.2,300/-by a registered kabala dated 16.8.72 by......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
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ...... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....;……(5) Waiver of the right When a co-sharer is non-notified and the pre-emptee could not establish by leading evidence that he had (non notified co sharer) knowledge about the transfer, there is no scope for raising the question of waiver of the right……(8) ......e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....een a lease and a licence will sometimes be very thin though there is no doubt as to the principle applicable. A lease, as will appear from section 105 of the Transfer of Property Act, is a transfer of an interest in immovable property. Ownership of physical property consists of a number o......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
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