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Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....alance consideration amount by 30.6.72. This was done on 24.6.72 and the ex parte decree was set aside on 30-6-72 and the decree was sealed and signed on 7-12-72. Thereafter the decree was put into execution and the defendent judgement-debtor took exception to it on the ground that the trial Cou......he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ......he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ......the right of a seller f.o.b. to betray the original buyer by allowing him to withdraw the goods after delivery to the carrier. It is suggested, therefore, that whether the correct inference in f.o.b. sales is that property passes forthwith subject only to an unpaid, seller's lien, or conditional......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
....vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
......vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
......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)
.... authority during the said period in exercise or purported exercise of the powers derived from any of the said Proclamations or any Martial Law Regulation or Martial Law Order or any other law, or in execution of or in compliance with any order made or sentence passed by any Court or authority ......passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 1 BLD (AD) (1981)107 ...... (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)
....High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......the respondent No. 1 filed the Writ petition urging, inter alia, that the said order is without lawful authority inasmuch as section 95 A of the aforesaid Act does not cover the case of the pure sale with an agreement to reconvey. An out and out sale accompanied by an agreement for reconve......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)
....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 ......fer of 45 acres of land dated October 25, 1965 made by respondent No. 3 Abdul Huq Sarker in favour of the appellants who are strangers to the holding, at Tk. 10007- without serving notice of the sale. The pre-emptor respondent claimed that he came to know about the sale on October 30. 1965 and ......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)
....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......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
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....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 ......appellants 1-8 and respondent No. 52 by a kabala dated March. 14, 1972 and the said Chand Mia was also a co-sharer of the same jote by purchase. The pre-emptors' case is that on hearing about the sale after making necessary search in the Sub-Registrar's office and on taking a certified ......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)
..... 1 per bigha per year 31/32 years back. He has been possessing the suit land as a tenant paying rent thereof. He has acquired tenancy right m the suit land and is not liable to be evicted. He denied execution of any license document. He hold the homestead which-is the subject matter of T.S. No. 98/......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 ......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
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....;……Respondents 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 i...... of other witness with regard to the declaration of gift to the plaintiffs in his presence and in presence of other witness. He stated that the gift was made in presence of the witnesses and the sale deed dated 29-12-60 and the agreement for monthly tenancy between the donor and May & Baker...... 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)
....w words. The plaintiff and the two defendant-appellants earlier brought a suit for specific performance of contract against Kamal Rani Devi and got a decree in that suit and it was put in to execution. In the earlier suit and in the present it is not disputed, that the consideration money......sp; Transfer of Property Act cannot alter the nature of the transaction between the vendor and the vendee or affect the pre-emptor's right in respect of it and if the transaction amounts to a sale in fact, then notwithstanding that it is not in the form prescribed by section 54 of the ......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
....t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
......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 Mannan on the strength of the Power of Attorney executed a sale deed in favour of...... 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)
....ation of mind to the case. The right of the successful bidder in the auction who has paid the requisite premium and in consideration of which possession of the fishery has been delivered on execution of the lease deed by him, should not be taken away arbitrarily. The learned Deputy Attorne......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
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....on is that the "proceedings" as mentioned in this section refers to original matters in the nature of a suit, such as proceeding in probate, guardianship and so forth and do not include the execution and other proceeding which do not originate in themselves. The proceeding under section 96......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....e military authority in respect of the suit land on April 20, 1973 showing the appellant as the ‘nominee’ of the respondent and the lease deed was registered on April 21, 1973. After execution of the lease deed the appellant started asserting the lessee's right in the suit land,......Petroleum and the latter constructed the petrol pump and respondent 1 started selling petroleum as a dealer of Daud Petroleum from 1971. In February 1972 the respondent 1 approached the appellant for sale of the property and the latter agreed to purchase the same at a consideration of Tk. 83,000/- o......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
M. Samboon Asavhame Vs. Bangladesh and others, 1979, 8 CLC (HCD)
....out any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256 ......rew of these trawlers were released but the trawlers were confiscated by the Collector of Customs under sections 16 & 156(i) (a) of the Customs Act and so were also confiscated the sale proceeds of the fish found in the Cold Storage of these trawlers under section 157 of......out any lawful authority and of no legal effect. No order as to costs. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 256 ..Category: Fiscal/Taxation Law | Date: 15 Mar, 1979 | Hits: 1
....ransfer of the said Mill in favour of the petitioner". Accordingly Respondent No. 3 issued the Public Notice dated 10.8.77, but in spite of it the Respondent No.3 did not take any steps for execution of the necessary documents in respect of the transfer of the Mill in favour of the petitio...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
......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
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... 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 ......s of the Sangstha and saved the situation by promising to submit a fresh proposal to pay the instalments including a proposal for selling out some of the old vessels of the Company and depositing the sale proceeds to the Sangstha. But this promise was not kept by respdt. No. 1 who instead of paying ...... 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
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......put pressure upon the petitioners for realization of the money advanced. He further submitted that the petitioners are bona fide businessmen end the transaction between the parties was a contract for sale, for which the remedy lies under the Sale of Goods Act, 1930 in the appropriate Civil Court onl...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
......Respondents Judgment July 14, 1978. Result: The appeal is dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was......tly sold out for any default of the mortgagee………..((10) The mortgagee or his heirs had not undertaken any obligation to pay arrear rent for which the land was sold in a rent sale and there was no evidence to show that the suit property was sold in the execution of a rent de......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
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