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Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....record. The learned Advocate may move an application before the trial Court, if so advised. Accordingly the application is disposed of. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 123.......0.0932 acres of land by a registered kabala dated 24.3.64 and came into possession and had been possessing the same peacefully by mutating his name and paying all rents and taxes and that in the sale deed of the plaintiff the area of his purchased land was shown 0.081/4 acres but the boundary given ..Category: Property Law | Date: | Hits: 79
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......t‑petitioner alleging, inter alia, that the suit land belonged to Atiar Rahman, the minor son of the plaintiffs, the plaintiff No. 1 took a loan of Tk. 400.00 from the defendant and executed a sale deed in favour of the defendant. It was subsequently settled orally that he would reconvey the suit ..Category: Property Law | Date: | Hits: 74
Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....nt of kabala, exhibit 'Kha' the suit is bad for defect of party, inasmuch as, in her absence no decision can legally be given in respect of the land in the suit which was instituted subsequent to the registration of the kabala, exhibit 'Kha'. No attention of the relevant PWs was drawn by the defence......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......urification, Bengu Purification and Maria Cruze and they sold this land to Alhaj Sheikh Mohammad Noor who was the predecessor in‑interest of the petitioner and others by executing and registering a deed of conveyance in the year 1961. Alhaj Sheikh Mohammad Noor then transferred this land to the pe..Category: Property Law | Date: | Hits: 78
Durgarani Sarkar Vs. United Bank of India Ltd. and others, 1989, 18 CLC (HCD)
....intiff on receipt of the balance consideration money and after obtaining approval of the Head Office of the Bank from Calcutta. In spite of plaintiffs demand, the defendant bank delayed execution and registration of the kabala as promised and ultimately on 31.7.74 refused to execute the same by thei...... at the Bank's rate althrough till repayment of the same. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 121. ..Category: Property Law | Date: | Hits: 70
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......The said house property is known as ‘Kabliwala Building’ which was constructed by her husband on the land purchased partly in the name of her husband and partly in her name by two registered sale deeds respectively dated 19.12.58 and 1.6.67. During the war of liberation her husband died. Thereaf..Category: Property Law | Date: | Hits: 73
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....ontention of the appellant. 7. Placing reliance upon the decision in the case of Kashinathsa Yamosa Kabadi Vs. Narisngsa Bhaskarsa Kabadi, 1961 SC 1077. Mr. Ahmed further argued that in absence of registration of the award under section 17(1)(b) of the Registration Act the Court erred in law in d......pondent acquired right, title and interest in the Adamjee Annexe Building. In the present case under the award no title accrued, rather it acknowledged what accrued to Adamjee Insurance Co. under the deed of sale executed by Mr. GM Adamjee. The award only acknowledged the true effect of the sale dee..Category: Alternative Dispute Resolution | Date: | Hits: 174
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......ad Yousuf Sardar (Gousia Market) Waqf Estate bearing EC No.1571/9 of the office of the Administrator of Waqfs. That the Waqif, late Alhaj Md. Yousuf Sarder died childless. In accordance with the Waqf deed the Waqif remained the mutwalli during his life time and the petitioner became the first mutwal..Category: Trust/Waqf Law | Date: | Hits: 157
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....emption case is hopelessly barred by limitation inasmuch as the impugned sale deed was registered on 6.10.78 and the pre‑emption case was filed on 19.12.79 i.e., more than one year from the date of registration, that the opposite party No.1 is in the know of transfer from very beginning inasmuch a......them in khas possession thereto. Both brothers purchased the same in 1/2 and 1/2 share and out of that share Abdul Gafur sold his purchased portion to Abdul Jabbar and Bashir Ahmed by registered sale deed dated 10.9.59 and since the purchase both the brothers namely Abdul Jabbar and Bashir Ahmed wer..Category: Property Law | Date: | Hits: 72
...., plaintiff has prima facie case and balance of convenience and inconvenience in his favour and would suffer irreparable loss and injury. In coming to the aforesaid finding Court below considered the registration of plaintiff’s trade mark and copyright mentioning the design and get up of his produ......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
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Category: Intellectual Property Law | Date: | Hits: 224
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......l and the said attorney and nephew used to manage his affair and that on 13.12.1949 the said Yunus Mia purchased the scheduled land on behalf of Abdus Samad at a consideration of Taka 2,500 and got a deed in the benami of one Md. Ibrahim Miah, the predecessor of respondent Nos.13 to 15 who was a clo..
Category: Property Law | Date: | Hits: 91
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56....... The appellant accepted the offer and without renewing the tenancy with the German Cultural Institute which expired on 30th November, 1973, let out the house to said M/S Sonali Estate Agents, under a deed of agreement, for five years from 1st December, 1973, at the same monthly rent of Tk. 4,000/-. ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ......06 of 1975 of the 2nd Court of Munsif, Feni, filed by the Respondent No.1 claiming pre-emption of a land transferred to the appellants, pre-emptees, by respondent Nos. 3 and 4 under a registered sale-deed dated 25 July, 1975. The pre-emptor claimed that he is co-sharer by inheritance as well as by p..Category: Property Law | Date: | Hits: 72
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....(Annexure ‘F’ to the affidavit-in-reply to the affidavit-in-opposition filed on behalf of the respondent Nos. 1 to 5). The respondent No.1 caused Notifications to be circulated, extending time of registration of the graduates as voters and issued seven such notifications including those notified......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..Category: Election Law | Date: | Hits: 105
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... to register the deed on various dates but the defendants on various pretexts spent time and thereafter in the last part of Falgoon, 1384 BS when the plaintiff approached the defendants to effect the registration of the deed defendant expressed their intention to register the kabala within one month......h Falgoon, 1358 BS written on stamp dated 1-2-1960 in favour of the plaintiffs father but subsequently on various pretexts the said Gour Chand Halder and others had not taken any step to register the deed despite the request made by the plaintiffs father and that in the meantime the said Gurudas Hal..Category: Property Law | Date: | Hits: 55
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......fulfilled. Since the terms and conditions of the tender had not been fulfilled and since no agreement was entered into in between the defendants No.1 and 2, and the defendant No.3, and since the sale deed has not been executed and registered, the title did not pass to the defendant No.3. He further ..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ......ovision of law in support of his contention to show that the claim is barred by limitation. The petitioner company is an industrial concern which is under liability to the Bank under an agreement and deed of mortgage to repay the arrear dues to the Bank. The claim of the Bank cannot be said to be ba..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
.... came to the finding that the defendant’s deed being earlier in execution than the plaintiff’s date of execution, the same will prevail over the deed of the plaintiff, irrespective of the date of registration. In this respect the learned Advocate Mr. A.K.M. Zahirul Hoque relied on the decision o......pon considering the earlier mutation of the plaintiff as illegal, cancelled the same and taken back the suit property in the original jote. The plaintiff through forgery created registered Saf Kabala deed No. 749 of 1999 after the execution of the plaintiff’s registered deed and as such he is not ..Category: Property Law | Date: | Hits: 74
Mohammad Ali Vs. Government of the People’s Republic of Bangladesh and Others, 2010, 39 CLC (HCD)
.... Let a copy of the judgment be sent to the respondent No.1 for their future guidance. Ed. SM Emdadul Huque J. - I agree. This Case is also Reported in: 7 LG (HCD) (2010) 317. ......OL (TAKING OVER) ACT, 1974 “Section:3. (1)Notwithstanding anything contained in any other law, rule, regulation or bye-law for the time being in force or in any contract or agreement, or in any deed or other instrument, the Government may by notification in the official Gazette, take over any ..Category: Employment/Service Law | Date: | Hits: 70
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......slam and Md. Nazrul Islam. The said Serajul Islam and Nurul Islam transferred the case shop to opposite party No.1 Bidhan Chandra Dev on the 1st of Ashar 1392 BS corresponding to 16-6-85 and the said deed was registered on 11-9-86 without serving any notice to the petitioner who is a co-sharer to th..Category: Property Law | Date: | Hits: 70
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