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Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....ery of possession of gifted immovable property in occupation of tenant will be occurred by delivery of title deed. The provision of s.23 of the Non-agricultural Tenancy Act prohibiting transfer of non-agricultural tenancy without a registered document shall not apply to gifts of ...... 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
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
.... is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the right. It could not be said that when a transferee is in possession of a property in part performance of the contract and that contract ha......ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....vernment of Bangladesh………..Respondents
Judgment
August 17, 1979.
Result:
The rule is made absolute.
Owner of abandoned property has no legal authority to transfer the property-
An abandoned property within the meaning of the Presidents Order No. 16 ...... 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)
.... suit for declaration of his title in the suit land and recovery of possession thereof and for mandatory injunction requiring respondent 4, Padma Petroleum formerly known as Daud Petroleum Limited to transfer the agency of the petrol pump installed therein. In the suit he claimed that the suit land ......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
....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 restoration ......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
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....fter the liberation the Acting President's Order No 2 was made providing for constitution of the Bangladesh National Airlines, under this Order the employees of the erstwhile P.I.A C. were, to be transferred to the new Bangladesh Airlines subject to scrutiny and selection and on terms and condit......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....Family Planning was a department in the Ministry of Health of erstwhile province of East Pakistan, in 1966 East Pakistan Family Planning Board was created as an autonomous body and the petitioner was transferred to the said Board. In August, 1975 the said Family Planning Board was abolished and a Di......s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....her, Mrs. Zohura Khatun held 6400 B-Class shares. Alauddin Ahmed was the Chairman, appellant was the Managing Director and Jahiruddin was the operating Director of the Company. In June, 1962 Alauddin transferred his shares in equal parts to the appellant and Jahiruddin and thereafter completely reti...... 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
....
Judgment
July 20, 1978.
Result:
The rule made absolute.
A Martial Law Court will take cognizance only on a police report.
A case from an ordinary criminal court could be transferred to a Martial Law Court only by the Government under Regulation 3(2) of M.LR. No.1 of 197......ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 2
....war Hossain Chowdhury & ors……….....Respondent
Judgment
July 20, 1978.
Result:
The Rule made absolute.
A case from an ordinary criminal court could be transfered to a Martial Law Court only by the Government under Regulation 3(2) of M.LR. No. 1 of 197......ourt to proceed with the G R Case in question according to law. No Order as to costs.
A. M. Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 82
..
Category: Criminal Law | Date: 20 Jul, 1978 | Hits: 3
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
....t the relationship between the plaintiff and Abdur Rashid being that of mortgagor and mortgagee and the suit being governed by Article 148 of the Limitation Act, the mortgage and subsequent transfer having taken place within 60 years from the date of the mortgage the equity of redemption i......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
....n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......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
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... 4. The case was sent to the Special Tribunal, Mymensingh for trial and it was registered as Special Tribunal Case No. 350 of 1976. While the case was pending before the Special Tribunal it was transferred to the Special Martial Law Court No. If, Dacca, vide Notification No. 991-JIV/2T-17/76 d....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....tion of any document. (7) Within thirty days from the date of an order under sub-section (4), an appeal from that order shall lie to the District Judge who may, either himself hear the appeal or transfer it to any other Court subordinate to him but not below the rank of a Subordinate Judge for ......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
.... Bhuiyan has referred to the returns forwarded by the assessed in the relevant years and has shown that the initial capital of Rs. 70,037/25 of the new firm namely, Khayyum Restaurant was obtained by transfer from the Tube well Company. He has also drawn bur attention to same of the returns in order......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
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....no evidence of hostile possession. It observed that:- “It appears that Amir Akon executed a simple mortgage of the entire karsha land and it further appears that Amir Akon has made certain transfers by kabalas. Amir Akon was a co-sharer. Therefore, as a co-sharer he had possession and he ......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....as not correct recorded, and Jasmat was a borgadar and he was in possession till his death, 6/7 years back, and hence the suit was within 12 years of possession of the last recorded borgadar, and the transferrer-defendants had no saleable interest in the suit land and as such the defendants were lia......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 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
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
....moved on 26.1.77. It is directed only against the confiscation of the imported goods. 3. Respondent Nos. 1 and 2 have entered appearance. In their affidavit-in-opposition it has been stated that transfer of an Industrial License was unlawful under import policy order notified under Public Notic...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
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