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....e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
......sources to be able to pay at least 15% of the value of the assets arid also meet the immediate working capital requirements for running the industrial unit at the time of acquiring the ownership. The sale price and other terms and conditions of sale will be determined through negotiation. The Disinv......e interpretation of the Constitution.
Shahabuddin Ahmed J. — I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 674
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Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....angladesh immediately before the 26th March, 1971: “Whereas India was a State signatory to the Protocol on Arbitration Clauses set forth in the First Schedule, and to the Convention on the execution of Foreign Arbitral Awards set forth in the Second Schedule, subject in each case to a res......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ...... then was) in elucidating the reasons of the Court in support of the aforesaid view observed as follows: “....The Indian Independence (International Arrangements) Order, 1947 did not and indeed could not provide for the devolution of treaty rights and obligation which were not capable of ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....erning the Revisional Case briefly stated are that National Bank of Pakistan, as it then was, obtained a money decree against the judgment-debtor, Sunil Kumar Basu on 12-9-62. The decree was put into execution, and a house property at Hatkhola of the judgment-debtor was attached and put to auction s......ned a money decree against the judgment-debtor, Sunil Kumar Basu on 12-9-62. The decree was put into execution, and a house property at Hatkhola of the judgment-debtor was attached and put to auction sale on 1.8.70. Syed Maksud Ahmed the petitioner is the auction-purchaser. Judgment-Debtor Basu file......the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....ale between Uttama and Azim. In any event, assuming there was a contract; the Respondent was representative of the Judgment-debtor and so bound by the decree. He had no locus standi to challenge the execution. 5. On Revision, the learned Single Judge of the High Court reversed the finding of t......dent, Obaidul Huq on 29-7-61. It was alleged that Ramjan was a benamdar of the landlord-decree holders. The holding belonged to Uttama Sundari Devi who had left for India. There was an agreement of sale between her and Respondent Abdul Azim who was in possession of the property at the time of co......nt Abdul Azim who was in possession of the property at the time of contract of sale. Azim in his turn entered into an agreement with the Respondent to transfer the holding to him and to obtain a sale deed from Uttama Devi in favour of the Respondent. He was all along in possession on his own account..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......y Attorney-General appearing in support of the appeal has canvassed before us firstly that (1) in the facts and circumstances of the case the Court below erred in law and fact in not holding that the deed of partnership is nothing but a creation of a firm for evading payment of taxes due from Khorab..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
.... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......Judge, Dacca in Title Suit' No.7 of 1960, which the Appellant brought against the East Pakistan Provincial Cooperative Bank Limited (hereafter referred to as the Bank.) for a declaration that the sale of the goods which were placed as security for the payment of the money taken by the appellant ...... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237. ......ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237. ......, 5321 and 5258 under mouza Paikerdanga P.S. Gopalganj in the district of faridpur owned by one Karima Mayee Das Widow of late Ambika Charan Das of Chanshi P.S. Gournadi, District Bakerganj and these deeds were registered at Gopalganj under deed 2423,2433, 2434 and 2435 dated 19-4-62. The purpose wa..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....application are as follows: One Budhair Sutradhar obtained a decree for an amount of Tk. 68.56 paisa against Santosh Sutradhar and 13 others and the said decree-holder having put the said decree into execution got certain lands belonging to the judgment-debtors measuring 2.20 acres sold in auction a...... Abdul Gafur—for the Opposite parties. Revision Case No.650 of 1971. Judgment Debesh Chandra Bhattacharya J.- This Rule arising out of an application for setting aside an auction sale of certain lands held under Order 21, rule 90 of the Code of Civil Procedure for an a......nvalid by a Special Bench of Dacca High Court in the case of Chitta Ranjan Sutar Vs. Secretary, Judicial Department, Govt. of East Pakistan and another, reported in 17 DLR (Dacca) 451. In that case a deed of sale executed by Chitta Ranjan Sutar was refused registration on the ground of absence of pe..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
.... The Rule is accordingly made absolute but we make no order as to costs. Badrul Haider Chowdhury J. - I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 244 ...... 4. Before the Labor Court the petitioner contended that as the work of a driver who carries raw tobacco from the market to the factory for manufacturing cigarettes and from factory to the shops for sale cannot be connected with any work which is incidental to the manufacturing process, he cannot b......mployee's work with the main industry and for no doubt that a person would be a workman if the work in operation he was engaged in was even incidentally connected with the main industry. It was indeed, very difficult sometimes to apply the principle of incidental relationship, but in referring t..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......procedure praying for vacating an order of dismissal of a suit for specific performance of contract. The petitioners filed a suit against the opposite parties for specific performance of contract for sale of certain land and the suit was decreed ex parte on 3-4-67. The operative portion of the order......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....e specific performance of contract. He obtained a decree on 14-5-68. A copy of the said decree has been annexed to the petition and marked as Annexure "A". Thereafter he put the decree into execution in Title Execution Case No. 25 of 1968. Having got notice of the execution case respondent......adhusudhan Basak were the C.S. recorded tenants in the holding in question in equal shares. The said tenants having failed to pay their land revenue for the holding in question, it was put to auction sale and his wife Mrs. Afroz Jahan. purchased the same on 25-4-63. A true copy of the certificate of......s situated at 28/1 Gopumohan Basak Lane appertaining to plot Not 5461 of holding No. 3, Sheet No. 50 of Dacca Collectorate comprising an area of 0216 acre. But the vendor having failed to execute the deed of transfer within the stipulated time, the petitioner after obtaining permission from the Boar..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
....le is discharged. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 144. ......t of the suit land by Sarat Sashi and also their other pleas, holding further that the lease and the kabala dated 16-1-56 in favour of the plaintiff and his wife constituted a single transaction of sale by Sarat Sashi, and as such was not hit by section 75A of the State Acquisition and Tenancy Ac...... 3 to 9 by Kabalas dated 18-4-63 and 25-4-63; and since then the said defendants were in possession of the suit land by constructing huts thereon. The contesting defendants contended that the lease deed dated 16-1-56 executed by Abu Mohammad Kasem, the constituted attorney of Sarat Sashi, in favo..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
.... is dismissed with cost. The judgment and decree passed by the lower appellate court are hereby affirmed. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)159 ......that Is to say, it is not dependent on the authority from the promissor (vendor). 12. The Supreme Court of Pakistan took a step further in giving the legal cloak to the right under a contract of sale of immoveable property which is very much annexed to the ownership. The Supreme Court following......it land from the vendor is a benami document and that there was a new contract between the vendor and the vendee by which the vendor agreed to take a further amount of Rs. 1,000/- and executed Nedabi deed and according to that agreement the vendee paid Rs. 600/- to the vendor and the balance of Rs, ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
.... a debtor of the plaintiff who instituted a suit against the defendant under Order 21, rule 63 CP C. for declaration of his right to attach and bring to sale those attle in execution of his decree against the transferor of the defendant. It was held in that case that the u......to enforce it". 6. On a consideration of the respective cases of the parties the learned Subordinate Judge cams to the conclusion that the document in question was not an agreement for sale but an agreement between the parties vesting merely the right of management of the Tea Estate i......me the sole proprietress of the Tea Estate on the strength of a will on the death of her father on 15-11-69, proposed to sell that Tea Estate to them, that the plaintiffs having agreed thereto a deed of agreement dated 19-2-70 a copy of which is annexure A to the plaint, was executed by th..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. ......n (1) of section 40 a mutwalli may apply to the Administrator for his opinion, advice or direction on any question affecting the management or administration of the Waqf property or on any point in a deed of Waqf requiring clarification and if the Administrator cannot suitably dispose of the questio..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....Khandoker Md. Fazle Elahi on various pretext did not come forward to execute and register the sale deed as per terms of bainapatro; that the plaintiff lastly on 15.5.2003 requested the defendants for execution and registration of the kabala but they refused to do so and, hence the suit. 3. The ...... The fact of the case in short is that, the petitioner as plaintiff instituted Title Suit No. 169 of 2003 in the Court of Senior Assistant Judge, Savar, Dhaka for specific performance of contract for sale of the suit land impleading the opposite party Nos.1-3 as defendants, stating inter alia, that ......inapatro for sale on 15.12.2000 on receipt of Tk.15,000/- out of Tk.50,000/- but the defendant No.3, Khandoker Md. Fazle Elahi on various pretext did not come forward to execute and register the sale deed as per terms of bainapatro; that the plaintiff lastly on 15.5.2003 requested the defendants for..Category: Evidence Law | Date: | Hits: 6
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
.... this judgment. 28. Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32. ...... this judgment. 28. Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32. ......e Acquisition and Tenancy Act on the allegation that the opposite party No.3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite party Nos.1 and 2 by a so-called deed of exchange in order to defeat the right of preemption of the petitioner. The pre-emptor i..Category: Civil Law, Procedural Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
...., Khulna being Order No. 1 dated 19-6-1991 and Order No. 15 dated 31-5-1992 passed by the said court allowing the Miscellaneous Case (Annexure-B to the Writ Petition) and Order of registration of the execution application as Artha Rin Execution Case No.34 of 1993 passed by Artha Rin Adalat, 2nd Cour......order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ......order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ..Category: Others | Date: | Hits: 3
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
.... usually followed by the person whose declaration it is sought to introduce." It was then observed that the phrase does not apply to any particular transaction of an exceptional kind such as the execution of a deed of mortgage but to business or professional employment in which the declarant wa......hich was deducted by the accused as illegal gratification and Tk. 107- on account of a loan advanced earlier to Keramat Ali. The appellant, however, obtained a receipt from Keramat Ali for the entire sale price i.e. Tk. 81257- Upon receiving signal from Keramat Ali through Sultan Mia and Mokbul Hoss......initiate the proceeding cannot be looked into because it contained references to the statements made by late Moshiur Rahman and Keramat Ali and as such is hit by the rule against hearsay. Indeed much has been sought to be made out on what has been described as hearsay evidence in connectio..Category: Criminal Law, Evidence Law | Date: | Hits: 2
....nst her will. The LTI appearing in the plaint and in vokalatnama are not products, of the hand of deceased plaintiff. Defendant No.1 also denied the allegation of fraud and collusion in the matter of execution and registration of the impugned deed of Hiba‑bil‑Ewaj. Defendant No.1 claims the impu......y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
......e put thus: Kafiran Nessa, an old lady of 80 years and pardanashin, as plaintiff instituted a suit being OC Suit No.148 of 1984 in the Court of Munsif, Sapahar for declaration that Hiba‑bill‑Ewaj deed No.5223/83 dated 7.7.83 of Sapahar Sub‑Registry Office is illegal null and void and not bindi..
Category: Evidence Law | Date: | Hits: 7
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