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Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....desh and undertake all the functions of a member. Section 21(17) provides that for the purpose of, and in matters relating to, its business or objects (a) to purchase or otherwise acquire, own, sell, transfer and exchange any tangible or intangible, movable or immovable property and any right, title......further directed to issue and deliver the necessary share certificates in favour of the petitioner Âcorporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ..Category: Company Law | Date: | Hits: 208
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
...., anti‑social elements and started pilferage of food stuff in the Rooservelt Jetty. For effective stoppage of such pilferage and for security the Chalna Port Authority approached the Government for transfer of the above acquired land. The Government accepted the proposal and ordered for transfer o......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ..Category: Property Law | Date: | Hits: 138
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
.... from the Headmaster, Chhagalnaiya Primary School dated 26.1.87 wherein her date of birth was mentioned as 1.7.1977. The certificate was issued on the basis of the admission register of the school on transfer from Chhagalnaiya Primary School. Testimonial was also issued by the Headmaster Maijdee Bal......e of control over the conduct of the proceedings before them. This view is now well established and enshrined in numerous decisions by eminent Judges of the Superior Courts of this sub‑continent. Indeed it was necessary to recognise this rule for ensuring real and substantial justice between the c..Category: Criminal Law | Date: | Hits: 80
Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)
.... which no action was taken by the decree‑holder; that the plaintiff being managing director of the said company entered into an agreement on 29.11.1969 with M/s. Rana Tractors and Equipments Ltd to transfer the suit property but ultimately the said agreement fell through and no further transaction......pertaining to plot Nos. 151 and 157 of Tejgaon Industrial Area, Dhaka. 3. The case of the plaintiff, inter alia, was that he acquired the suit land from the then Government of East Bengal by lease deed execute a on 25.1.56 and registered on 22.3.56; that after getting possession therein the plain..Category: Property Law | Date: | Hits: 69
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....iming title in himself, or (3) the lessee is adjudicated an insolvent and the lease provides that the lessor may re‑enter on the happening of such event: and in any of these cases the lessor or his transferee gives notice in writing to the lessee of his intention to determine the lease." Section 1......ars commencing from the 30th day of October, 1962 and pursuant to that agreement and for consideration of Tk. 8,154/‑ paid in full by the plaintiff, the defendant No. 1 executed a proper conveyance deed under caption "Standard lease agreement for land" executed on the 21st March, 1968 which was re..Category: Property Law | Date: | Hits: 87
Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....ation in the abandoned property in 1972 and upon promulgation of the Ordinance 55 of 1985 and it was accordÂingly listed in the 'Ka' list of the Abandoned Buildings. 8. The petitioner, an alleged transferee of the abandoned property, alleged to have obtained a kabala from the alleged owners on 1......ldings. 8. The petitioner, an alleged transferee of the abandoned property, alleged to have obtained a kabala from the alleged owners on 18.02.1999. The High Court Division has found that the said deed is absolutely mala fide and void as it is contrary to the provisions of Article 6 of P.O. No. 1..Category: Property Law | Date: | Hits: 65
Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)
.... 2. The facts, in short, are that the responÂdent Nos.1 and 2 as plaintiffs instituted a Title Suit being No.23 of 1994 in the court of the learned Subordinate Judge, Second Court, Khulna which was transferred to the court of the learned Subordinate Judge, 4th Court, Khulna and was regisÂtered an......uction purchasers used to believe him and they all used to pay rents through Abdul Jabbar. The defendant Nos.14 and 15 are the full brothers of Abdul Jabbar. The defendant Nos. 14 and 15 created some deeds without any consideration money in collusion with others and started a case under Section 23 o..Category: Property Law | Date: | Hits: 69
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....titioner came to occupy the same as a tenant under him at a monthly rental of Taka 1200.00. Under a registered deed of Heba‑bil‑ewaz dated 2nd November, 1987 the said Al‑haj Mohammad Ashraf Ali transferred half of the holding in favour of Al‑haj Mohammad Rafique who is now the opposite party......f facts. 2. One al‑haj Mohammad Ashraf Ali was the owner of certain premises. The petitioner came to occupy the same as a tenant under him at a monthly rental of Taka 1200.00. Under a registered deed of Heba‑bil‑ewaz dated 2nd November, 1987 the said Al‑haj Mohammad Ashraf Ali transferred..Category: Property Law | Date: | Hits: 78
Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ephone Board (Amendment) Ordinance, 2008 (Annexure-A) shall not be declared to be ultra vires the Constitution of Bangladesh and why S.R.O. No. 215-Law/2008 dated 01.07.2008 issued by respondent No.2 transferring and vesting, amongst others, the services of the petitioners in respondent No. 6 includ......as also been stated that the entire BTTB has been converted to BTCL with all existing rules and service conditions until so determined by the Government of which has been described in clause 3 of the deed of agreement between BTCL and BTTB and as such the rule may be discharged. 22. In this rega..Category: Constitutional Law | Date: | Hits: 145
Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)
....for sale of the schedule property against the defendants opposite parties on the allegations, inter alia, that the defendant‑opposite party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her name was mutated in the khatians and she used to pay taxes in her ......of the schedule property against the defendants opposite parties on the allegations, inter alia, that the defendant‑opposite party No.1 was the owner of the suit property on the basis of a transfer deed dated 2.4.1937. Her name was mutated in the khatians and she used to pay taxes in her name and ..Category: Procedural Law | Date: | Hits: 76
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....l Works of 7, BK Das Road, Dhaka by a registered deed of lease dated 13.12.67 for 99 years; that the said Vikrampur Jahangir Metal Works with permission of the Dhaka Improvement Trust dated 13.3.1973 transferred the suit plot to M/s. Hakim Humayun and Company represented by its proprietor, Abdul Hak......area of 10(ten) kathas, 1(one) chatak, 27 (twenty seven) Sft. was leased out by the defendant No. 5, Dhaka Improvement Trust to Vikrampur Jahangir Metal Works of 7, BK Das Road, Dhaka by a registered deed of lease dated 13.12.67 for 99 years; that the said Vikrampur Jahangir Metal Works with permiss..Category: Civil Law | Date: | Hits: 92
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....ed Family Suit No.175 of 2005 before the Court of second Assistant Judge and Family Court, Dhaka against the respondent for her dower money and maintenance for herself and her minor son. The suit was transferred to the Court of 5th Additional Assistant Judge and Family Court, Dhaka where it was renu......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ..Category: Family Law | Date: | Hits: 327
Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)
....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ars with effect from 1411 BS. The authority granted lease for an area measuring 137.06 acres for a period of five years at 30% enhanced rent. The writ-petitioner paid all the due monies and the lease deed was executed for the period 1411-1415 BS and possession was handed over on 27.06.2004. The writ..Category: Fiscal/Taxation Law | Date: | Hits: 96
Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)
....reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ......dant No.1 to purchase the property detailed in the schedule to the plaint by executing a bainapatra, on payment of Tk.15,00,000/-. The price of the property was agreed at Tk. 65,00,000/-. The sale deed was to be executed and registered within 6(six) months from the date of execution of the baina..Category: Property Law | Date: | Hits: 98
Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....1964 leaving his brother Mona Mohan Mondal. Thereafter, Mona Mohan Mondal died leaving sons namely Amor Chand and Adhor Chand. Amor Chand and Adhor Chand by registered deeds dated 8th September, 1980 transferred the schedule-'Ka' property to their predecessor Abdul Baset Miah. After such purchase th......acts involved in the case, in short, are that 'Ka' schedule property was leased out with one Faizul Huque and after his death to his wife Amina Hoque. As the lesÂsee violated the terms of lease, the deed was cancelled and the Government took possession of the 'Ka' schedule property and thereafter i..Category: Property Law | Date: | Hits: 93
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....e State Acquisition and Tenancy Act, defining the word "holding", read with section 96(1) of the said Act, the right of pre‑emption has not been conferred with reference to the number of properties transferred by a particular deed. A distinct right has been conferred in respect of a distinct holdi......old by the same transaction, the co‑sharer tenant must apply for pre‑emption in respect of "portions" or shares" of all the "holdings" sold. It was argued that if several holdings are sold by one deed of sale then in fact it was more than one kabala and therefore the pre‑emptor may ask for pre..Category: Property Law | Date: | Hits: 78
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
....ul Malek Sardar for making contemptuous allegations against Abul Bashar Munshi, Munsif Nalchiti. Contemner No. 1 Joynal Abedin filed four petitions under section 24 of the Code of Civil Procedure for transfer of 4 title suits from the Court of Munsif, Nalchiti to any other Court on various allegatio......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ..Category: Criminal Law | Date: | Hits: 64
....he prayer portion after prayer No. (a) following new prayer may be added,
"(aa) to pass a decree for specific performance of contract directing the defendants to execute and register the sale deed transferring the Suit properties in favour of the plaintiff within a time to be fixed by the Court a......ties of Ferdous Tannery. It is further stated that the properties described in the schedule of the plaint are the assets of Ferdous Tannery, but all these had not been included in the schedule of the deed of agreement for sale executed between the parties on 25.8.78 and as such it was necessary for ..
Category: Property Law | Date: | Hits: 73
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ......trate, Dhaka. The complainant alleged that his wife Mrs. Hasina Morshed rented a shop for 2 years on and from 1.5.83 at a monthly rental of Taka 2,600.00 from the accused petitioner on the basis of a deed. The wife of the complainant ran a laundry and a pharmacy in the shop. On 23.8.85, the accusedâ..Category: Criminal Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......tiff has based his claim. It is further submitted that Courts below misconstrued the document in which order of mutation was passed by the Co. (Rev.), the latest rent receipts and the registered sale deed between the parties and on wholly erroneous assumption of facts the Additional. District Judge ..Category: Property Law | Date: | Hits: 60
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