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Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)

.... compensation. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 56       ......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..

Category: Property Law | Date: 26 Aug, 1980 | Hits: 2

Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)

....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67     ......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..

Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1

Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)

....ed order calls for no inter­ference by this Court. The rule is accordingly discharged with­out any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......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...

Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1

Md. Serajul Islam Vs. Md. Serajul Islam & others, 1980, 9 CLC (HCD)

....West) Union Parishad held on 14.1.84. It appears from the petition that the Plain­tiff's case is as follows: 3. That the election of the Chairman of the aforesaid Union Parishad was scheduled to be held on 27.12.83 in three Polling Sta­tions, namely, Ward No.1, Dhanapatikhola P......Rule is, accordingly, made absolute without any order as to costs and the plaint is rejected and the suit dismissed. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 267   ..

Category: Administrative Law, Election Law | Date: 1 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 ......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 ..

Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1

Nemai Kumar Vs. Ramesh Chandra Dutta and others, 1994, 23 CLC (AD)

....urt of appeal below are set aside and that of the trial Court restored. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 111;1 BLD (AD) (1981) 189 ......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 ..

Category: Property Law | Date: 30 Jun, 1980 | Hits: 51

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.   ......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..

Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1

M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)

..... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1   ......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..

Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109

Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, 1980, 9 CLC (AD)

....tion and an enterprise placed under its control. The vesting is provid­ed under Section 4 which reads as follows : "4. (1) All such shares and other proprietary interests in each of the scheduled industrial enterprises, and all such industrial enter­prises placed under a Corporatio......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..

Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7

Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)

.... sub­mission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution with­out any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ...... 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 ..

Category: Property Law | Date: 28 Apr, 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 ......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 ..

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.   ...... 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.   ..

Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2

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 ......-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 ..

Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1

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         ......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..

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.           ......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..

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. ......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 con­tract and that contract has been affirmed by a decree for s..

Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236

Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

....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   ......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..

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)

....ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414.   ......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 ..

Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1

M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)

.... In the result, the rule is discharged without any order as to costs. Abdul Matin Khon Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 326   ......he respondent, the Bangladesh Trading Corporation, briefly, the Corporation, removing the petitioner from his service on the ground of negligence of duty which resulted in theft of the employer's property worth Tk. 83,096,00. 2. The Petitioner was, at the relevant time, Store Officer in-cha..

Category: Administrative Law | Date: 3 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. ......d 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/- out of which ..

Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103