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Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....visional Engineer with effect from January 22, 1966. He held his post in the permanent cadre on the pay scale of Tk. 750-75-1500- plus technical pay of Tk. 100-per month. While posted at Dacca he was transferred on January 12, 1972 by the Chairman, Bangladesh Railway Board from the post of Divisiona...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....n employee of the Petitioner's establishment in 1975. He was also President of the Urea Fertilizer Factory Employees Union (Respondent No. 1). He along with 60 employees of this establishment was transferred by an order dated 17.3.75 of the Fertilizer, Chemical and Pharmaceutical Corporation, br......f both the courts below are set aside. There will, however, be no order as to costs.
M.H. Rahman J. - I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 306.
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Category: Labour and Industrial Law | Date: 7 Feb, 1978 | Hits: 1
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
.... from on or about 3rd or 4th August, 1977. Another charter party was signed between defendant No. 5 and defendant No.6 on 25.7.77. On 13.8.77 by a letter addressed to defendant No. 5, defendant No. 6 transferred its rights and liabilities under the charter party dated 25.7.11 to defendant No.7 and t......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
....y wages, salaries, pensions or provident fund contributions to or in respect of any employee of the enemy, and the repayment of any debts due by the enemy to persons other than enemies and
(vii) transfer by way of sale, mortgage or lease, or otherwise dispose of, any property or any e...... 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)
....unsif, 2nd Court Sadar Sylhet claiming themselves to be co-sharers tenants of the holdings, having no notice of the sale. Their further case is that the purchaser is an stranger and the case land was transferred secretly and without any knowledge of the co-sharer pre emptors. The case land is vitall......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
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....r, defendant No. 1. After execution of the Lease-Deed in his favor the plaintiff addressed a letter to defendant No. 4 intimating him of the change of ownership of the suit land and requesting him to transfer the petrol pump agency to him and also to pay rent of the suit land as sublessee under him.......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
Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)
....als arising out of two applications for pre-emption under section 96 of the State Acquisition and Tenancy Act. The petitioner filed Misc. case No.117 of 1966 on 7.7.66 for preempting a transfer dated 2.6 66. The learned Munsif rejected the pre-emption by an order dated 28.11.70 on the...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193 ..Category: Property Law | Date: 15 Aug, 1977 | Hits: 3
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....ted if a disqualified person is joined with the pre-emptor in an application 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 hom......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)
....ect "fit for rent but no transaction". The Cadastral Survey records of right were finally published in the district of Dacca before the amendment of Bengal Tenancy Act in 1929 when any transfer of an occupancy raiyati holding or a part thereof was made compulsorily registrable irrespe......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
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....in the case of Ananda Mohan Kunda and others Vs. Province of East Pakistan and others, (1968) 20 D.L.R. 976 wherein it has been held. Mere vesting of the enemy property in the Custodian does not transfer on the title or the ultimate right of the real owner and a person in possession of the enem...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....nsideration' and means 'purpose or design'. If the purpose of the parties was to defeat the provisions of bankruptcy law there can be no doubt, he thinks, that the assignment or transfer would be inoperative under the provisions of section 6 of the Transfer of Property Act.&quo......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
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
.... a suit for possession of any property, the right to such property shall be extinguished. Under Article 44 of the Limitation Act, a suit by award who has attained majority, to set aside the transfer of any property by his guardian, can be instituted within three years from the time when th......s old was taken in adoption in 1892, was a minor till at least 1910; it is thus difficult to appreciate how the contesting Defendants began to hold adversely to the knowledge of the infant in 1901. Indeed, before this action was brought, there Was no attempt on the part of the defendant to rely on a..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....e Acquisition and Tenancy Act hereinafter referred to as the Act. 2. Tahrul Karim alias Tuhurul Karim Khan Chowdhury filed an application under section 96(1) of the Act for pre-empting transfer dated 20.1.69 on the assertion that he is a tenant holding land contiguous to the and trans......since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....e appellant's circle issued a notice under section 22 (2) of the Income Tax Act on 26-7-51 for the assessment year 1951-52. Subsequent to the issue of the notice the appellant's case was transferred to the Special Circle, created under the Central Board of Revenues notification dat......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
....ons started conspiring against the petitioner and at the instance of such people Bangladesh Jute Industries Corporation (hereinafter referred to as the Corporation) by its office order dated 15.10.73 transferred the petitioner from the company to the head office of the Corporation under Director (T)......
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
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Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
Taferuddin Pramanik Vs. Tahmina Khatun and others, 1977, 6 CLC (HCD)
....t on 5-6-1965 for Rs. 2,000/-. The opposite party No.1, according to the appellant, was neither a cosharer nor a contiguous land owner but was a stranger purchaser. The applicants came to know of the transfer on 24-8-1966. As such they have applied for pre-emption within the time prescribed, making ......circumstances of the case I make no order as to costs. Let the records for the sent down expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 417. ..Category: Property Law | Date: 8 Mar, 1977 | Hits: 3
....ed and sanctioned by the Government of Pakistan. A specific condition of the said scheme was that the losses and unabsorbed depreciation of the Said two British Companies as assessed upto the date of transfer would pass to the appellant Company. The assessment of R.S.N. Co. Ltd for the year 1947-48,...... 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.
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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)
....ik Chandra Basu under registered deed dated 9-3-1932 for 29 years from 1st April, 1932 to 31st March, 1961 with right to successive renewal of settlement for further period of years and all rights of transfer, assignment, etc.; and that the lessee constructed buildings on the said land and when he h......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)
....awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......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
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