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Ramani Marak & Another Vs. Jamini Marak & Others, 1980, 9 CLC (AD)
....nction against the defendants restraining them from interfering with plaintiff's alleged possession of the suit land is generally applicable to a case where a suit for title relating to immovable property is filed and consequential prayer ought to have been made, but has not been made, and an in......, 1980 Result: This appeal is dismissed. Whether Temporary injunction restraining defendant from interfering with possession, can be granted In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask fo..Category: Civil Law, Property Law | Date: 5 Nov, 1980 | Hits: 1
Mrs. Winifred Rubie & others Vs. Bangladesh & others, 1980, 9 CLC (HCD)
....roperties of private citizens are requisitioned for acquisition. Thus in order to catagorise a schoo.1 to serve public purpose and public interest as referred in section 3 of Emergency Requisition of property Act, 1948 reference will have to be made as to whether such school flits in with the nation......udgment Syed Muhammad Hussain J. - This rule arising out of an application under Article 102 of the Constitution is directed against an order passed by the Additional Deputy Commissioner, Land Acqusition, Dacca on 19-7-77 requisitioning the premise at 85 Kakrail, Dacca for the acconmodati..Category: Public Interest Litigation | Date: 11 Sep, 1980 | Hits: 7
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
.... 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. This is not legally tenab......ent for the principal does not require registration except that its authentication under the law is necessary …………… (5) Whether Power of attorney executed and authenticated by a Magistrate or Notary Public in a foreign country could be acted upon as ..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)
....n is benami or not. On the authority of the decision of the Privy Council in Hakim Moulavi Md. Mahbub Ali Khan Vs. Bharat Indu and others (1) we may safely observe and hold that the system of putting property benami is so extremely common in Indian Subcontinent that the mere fact of a deed bein......p;……….Opposite Parties Judgment August 26, 1980 Result: The Rule is made absolute Case Referred to- Hakim Moulvi Md. Mahbub Ali Khan Vs. Bharat Indu and others. 23 CWN (PC) 321; Zinda Ram Lai Vs. Ramrup Das and others. AIR 1935 Pat 231; Promode Kuma..Category: Property Law | Date: 26 Aug, 1980 | Hits: 2
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....ue notice upon the defdts to show cause within 7 days from the service thereof as to why they shall not be asked to furnish security to the extent of the claimed amount. In the meantime the property mentioned in sub-paras (ii) and (iii) of para 4 in the petition be provisionally attac...... Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: Faqueer Shahabuddin Ahmed with Moazzammel Huq Bhuiyan, Rabia Bhuiyan and Shah Abu Nayeem, Advocates-For the petitioner. S.R. Pal with Anil Chandra Sarker and S.R. K..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)
....iff instituted title suit No.152 of 1978 in the Court of 3rd Subordinate Judge, Dacca against defendant Nos.1 and 2 for a decree for specific performance of a contract in respect of certain household property on the basis of an agreement dated 10-2-73 entered into between plaintiff and defendant No.......ellip;………. Opposite Party Judgment August 6, 1980. Result: The rule is accordingly discharged. Case Referred to- Durgaprasad & another Vs. Deepchand & others, AIR 1954 SC 75; Methu Vehemandu Vs. Duggiarala Pitchayya, AIR 1946 Mad 497; Thakur..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 ......0 Result: The appeal is dismissed. Small Causes Courts Act (IX of 1887), Section 17(1) Proviso Deposit of decretal amount or furnishing of security with the application, not mandatory—Application to set aside the decree along with another application seeking Court..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)
....ide on proof of nucleus of joint family and acquisition during jointness of the family. In a case where the question is between two or more brothers of a Hindu-family living jointly having joint property, the initial onus is on the person who alleges jointness to show that there a joint family ......t: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Nemai Kumar ……………….................................Appellant Vs. Ramesh Chandra Dutta and others...................Respondents Judgment June 30, 1980. Result:..Category: Property Law | Date: 30 Jun, 1980 | Hits: 51
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
....mp; 23 F.O.B. Contract (Free on board contract)– F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payment for the...... F.O.B. Contract (Free on board contract)– F.O.B are contracts where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payment for the goods be..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....the Appellant M/S. Dulichand Omraolal, facts in brief may be narrated. The Appellant, a partnership firm, challenged the orders and directions declaring its business and properties as enemy property, and prayed for the surrender of its management and control to the appellant firm befo...... also Reported in: 1 BLD (AD) (1981) 1 ..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....government under Section 4 of this Order leads to government control over the management and direction of its affairs. Other relevant provisions which went to establish such control over an abandoned property may be seen in Sections 5, 6, 8, 9, 13 and 21 of the Order.
17. Still the question rem......In C.A. 169 of 1979.)
M. Nurullah, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For appellant (In C.A. 65 of 1980.)
Syed Ishtiaq Ahmed, Senior Advocate, with K.Z. Alam and Khalilur Rahman, Advocates, instructed by M.R. Khan, Advocate-on-Record-For respondents 1 & ..
Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
.... 1 and defendant Nos. 1-3 are sons of whom defendant No.1 the appellant, is the eldest. Plaintiff Nos. 2 & 3 are the daughters, Partible properties left by the deceased are (1)Schdule 'A' property, a town property at 62 R. K. Mission Road, Dacca (2) Schedule 'B' property, also a ......the parties or their respective lawyers after the Pleader Commissioner submits his report. But if considerable time has elapsed between the last occasion when the Court had dealt with the proceedings and the submission of the report, it is only fit and proper, and, indeed there is a practice, that t..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....was a mere amendment of a grammatical error. Lastly, it was contended that the High Court Division erroneously took the view that President's Order No. 24 of 1973 affected certain vested right to property which is violative of the fundamental right guaranteed by the Constitution. 5. Before ......te-on-Record-For the respondent. S.R. Pal, Sr. Advocate, appeared as Anmicus Curiae. Civil Appeal No. 31 of 1972 (From Writ Petition 85 of 1974. 46 other appeals were heard analogously and disposed of by this judgment) Judgment B.H. Chowdhury J.- These appeals arise out of ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
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. ......ump does not help the tenant from the mischief of default- A tenant by making payment of rent in lump shall ordinarily be treated as a defaulter in the payment of rent in terms of section 18(1) and 18(5) of the Premises Rent Control Ordinance, 1963, unless there is a contract to the contrary o..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....-emption although he was alive till then. 4. The question raised in this appeal can be answered by applying the test whether the right of pre-emption is a personal right or it is attached to the property under pre-emption. 5. Section 96 provides right of pre-emption to the co-sharers ......l is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interest in the land in question the preemption case..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....mes 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 of right and the owner of such propert......in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb AIR 1965 (SC) 60; Goalunda Fishing Industries Vs. Pakistan, (1970) 22 DLR (Dacca) 349; Errington Vs. Errington, in 1952 (1) All E.R. 149; Cobb and another Vs. Lane, in 1952 (I) All E.R. 1199; Issac Vs Hotel De Paris Ltd., (1960) 1 All E.R. 348..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....e. 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 of tenant will be occurred by delivery of title deed. The provision of s......& another…………………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. ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ion 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 conÂtract and that contract has been affirmed by a decree for s......32 DLR (AD) (1980) 24. ..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....c Works & Urban Development, Government 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 mean......of Public Works & Urban Development, Government 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 ..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)
....ax Schedule as framed by the Government under the Ordinance and in force upto 15.11.68 provided, inter alia, that where the Urban Immovable Property Tax was in force, the two taxes together, viz. the property tax and the building tax should not exceed 12 1/2% of the annual value. Equally undisputed ......ction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Sonali Bank (formerly National Bank of Pakistan)…………......Petitioner (In Petition Nos. 135 and 242 of 1970) Vs. Taxation Officers, Urban Immovable Property Tax, Dacca & Narayang..Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1
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