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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 ......correctly pronounced. From sub-section (4) of section 96, it is clear that the said provision was obviously made for the purpose of providing the facility of pre-emption to the persons interested, who have not lost their right of pre-emption under sub-section (1) of the said section.&..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. ......os. 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 the predecessor-in-interest of opposite parties No.3(a) to 3(d) on the allegations, inter alia, that they were owners o..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 ......re-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 fails. On the death of the pre-emptor..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ......tation given to section 34 of the I.R.O. With due respect I find it difficult to agree with the conclusions drawn by the learned Judges. Before further discussion on this decision it would be of some interest to trace the history behind the framing of definition of 'worker' or 'workman&#..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....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 ......t Tenancy Act, 1936 applies to the suit land because the defendant No. 1 was not a coolie but a chowkidar. With the coming into force of the State Acquisition and Tenancy Act, 1950 the rent-receiving interest of the plaintiff in the suit land was acquired by the Government and the defendant No. 1 ho..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ......the donor in presence of witnesses, namely, Messrs Khurshed Ali Choudhury, Abdus Salam Khan and others orally gifted the suit property on 24-11-68 by a declaration of gift and divested himself of all interest therein and the plaintiffs accepted the said gift along with monthly tenant thereon and bec..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....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. ......session of a property in part performance of the contract and that contract has been affirmed by a decree for specific performance of contract, the transferee after the decree does not acquire an interest in the land. He can lawfully maintain and protect his possession and interest in the prop..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
......(Acting President's Order No. 1 of 1972)
(a) any property the owner of which is residing outside Bangladesh for any purpose which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh (b) any properly which is in the possession or under the control of the Gover..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......ugh he was a whole-time government servant he took a great initiative in the organisation of the Jago Dal as well as in the formation of the Jatiyabadi-Dal and that he always worked for the political interest of the President To work a political party or to propagate any political views is contrary ..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......resentatives of any person deceased under Order XLI, Rule 14(3), the appeal shall not be deemed to abate as against such party and the decree made on appeal shall be binding on the estate or the interest of such party". A reading of the two rules set out above indicates that if t..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....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. ......ecution and other proceeding which do not originate in themselves. The proceeding under section 96 of the East Bengal State Acquisition and Tenancy Act is in the nature of a suit The right, title and interest of the transferee vests in the petitioner, if he is successful and as such the order passed..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)
....of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......baseless and false statements made him liable to be punished for contempt of Court. Besides, such vilification against Judges in the administration of justice should be severely condemned in the interest of justice. It is necessary, not only for the protection of Judges but also for the adminis..Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103
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 ......cipal Creditor, respondent No. 2, Bangladesh Shilpa Rin Sangstha which succeeded the Pakistan Industrial Credit and Investment Corporation (P.I.C.I.C.) against a loan of Rs 3192 lacs which along with interests and other charges exceeded Taka one crore by the end of 1973. The Company became unable to..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ......he suit property mortgaged on 22-4 1924 during his minority by his sister's husband, Prankrishna, as his guardian, to Abdur Rashid, the predecessor of defendants 1 to 8. As the loan together with interest was satisfied out of the usufruct of the land enjoyed by defendants Nos. 1 to 8 the plainti..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
......ntion to the following observation made in the case of Annapurna Debya Vs. Golapmanl Debya and others 25 CLJ. 530.
“We need not discuss whether an adverse claimant, who has no community of interest with the parties to the suit, is in no view a cotenant with them, but stands out on his own..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....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 ......d taking into consideration the report, if any, and other evidence which may be adduced by the parties in this behalf, shall pass such order as it may think just and proper. (5) Any person whose interest has been affected by reason of an entry or omission in the record-of-rights, referred to in..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......reed for khas possession after evicting the defendant from the suit land. It was also held that the defendant did not get any title in the suit land by auction purchase and he had no right, title and interest in the suit land and that there was no evidence how Bimala became co-sharer in the suit plo..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
....made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
......osite parties is accordingly liable to be renewed or terminated at the end of every year at the option of the lessor, the Enemy Property Authority. The lessees, there-fore, have no permanent right or interest in the suit property excepting their limited leasehold right and in dispute over title betw..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ...... a matter which involves an academic issue rather than legal. He has submitted that it is only just and proper that the University should be left alone in such matters Jo decide its own course in the interest of the students; and in case of any grievance, the domestic forum should be availed of, ins..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ......actually belonged to one Mariam khatun who paid the consideration money, the kabalas were obtained in the plaintiff's names for certain reasons, and they had disclaimed all their right, title and interest in the suit property by executing a registered Muktinama dated 13-4-76 which was subsequent..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
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