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Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
.... the State. Criminal Miscellaneous Case No. 356 of 1991. Judgment Anwarul Hoque Choudhury J. - This Rule arises out of an application under section 526 of the Code of Criminal Procedure for transfer of Special Tribunal Case No. 60 of 1991 now pending in the Court of Senior Special Tribunal......n the ability of the defence lawyer and these have created apprehension which has led the accused petitioner to file this application for transfer. The learned Advocate further submits that the acts, deeds and the demeanour of the learned Tribunal in a cumulative way has the effect of causing and ha..Category: Criminal Law | Date: | Hits: 73
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....ule was served upon the opposite party plaintiff by affixing a copy at his outer‑door because of his refusal to accept the same. Consequent upon the 8th Amendment of the Constitution the matter was transferred to Barisal Bench and re‑numbered as Civil Revision No.141 of 1988. Then came the histo......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ..Category: Procedural Law | Date: | Hits: 73
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... suit. This also points to the principle of law that to protect a right the right must exist at present and not in future. There having existed no such right but a mere expectancy which is also not a transferable right under the Transfer of Property Act it cannot be protected in mandamus. 23. Dr.......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....e Appeal No. 38 of 1991 before the learned District Judge, Brahmanbaria, who allowed the appeal and sent the case back on remand to the trial Court for hearing afresh. Subsequently, the said suit was transferred to the Court of Senior Assistant Judge and was renumbered as Title Suit No.16 of 1993. T......stant Judge, Sarail, Brahmanbaria in Title Suit No.16 of 1993. 2. Facts, in short, are that respondent Nos.1 and 2 as plaintiffs brought Title Suit No. 211 of 1981 for declaration that the alleged deed of gift is illegal, void and has been made upon false personation only to deprive the plaintiff..Category: Property Law | Date: | Hits: 75
Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)
.... The said shareholder Mr. S Khurshid Anwar sold his 969 (fully paid up) shares of the then Eastern Banking Corporation Ltd. to the petitioner on 15th January 1971 and duly executed the instruments of transfer of shares in favour of the petitioner. The instruments of transfer are marked as Annexure B......rtificates and original instruments of transfer of share on furnishing the photo copies of the same duly certified by the learned Advocate. Ed. This Case is also Reported in: 43 DLR (1991) 329. ..Category: Company Law | Date: | Hits: 175
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
.... respect of the property under requisition whereupon the Deputy Commissioner asked the owners to submit their necessary papers in support of their claim; thereafter Ram Krishna Saha Banik proposed to transfer the property to the plaintiffs for a consideration of Tk. 3,30,000.00 and accordingly the o...... the owner of the suit property executed a power of attorney in favour of Mahtabuddin Ahmed, father of the plaintiffs‑opposite parties and subsequently the said constituted attorney executed 4 sale deeds on 11.11.84 in favour of the plaintiffs; thereafter the plaintiffs filed an application before..Category: Property Law | Date: | Hits: 78
Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....jurisdiction to entertain the suit. Accordingly, he dismissed the suit. Being aggrieved the plaintiff preferred Title Appeal No. 104 of 1986 to the learned District Judge, Barisal. The appeal was, on transfer, heard by the learned Subordinate Judge of that place. He reversed the decision and sent ba......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193...Category: Employment/Service Law | Date: | Hits: 64
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....ed to opposite parties 4 and 5, who sold the same to the opposite parties 1‑3 by a kabala dated 27.4.73. The pre‑emptor claims that though he is a contiguous land holder he did not know about the transfer but he came to know about it in the month to Sravan, 1380 BS. On coming to know about it he......ses. 8. Mr. BK Das, the learned Advocate for the pre‑emptee petitioner submits that the pre‑emption application is defective and premature as it was filed before the registration of the kabala deed and as such it is hit by section 60 of the Registration Act. He submits that the said kabala wa..Category: Property Law | Date: | Hits: 72
Ismail Mohammad Vs. Motasim Ali Chowdhury, 1993, 22 CLC (HCD)
....01, 103, 104 to one Abdul Hye and handed over possession and the owner also handed over possession to him part of Plot No.110 who had been possessing the same uninterruptedly and thereafter Abdul Hye transferred the said plots 103, 104, 101 and part of plot No.110 recorded as SA Plot No.1 in SA Khat......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)
....nt‑petitioner contested the suit by filing written statement denying all the allegations and averments in the plaint and also denied the oral agreement for reconveying the suit land asserting that "transfer was out and out a sale. The defendant possessed the suit land on his own right after muta......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
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....0. Having had found so, the lower Appellate Court held that the kabala registered on May 15, 1970 of the appellant being subsequent to the Exts. land 1 (a). Nirode Baran had no subsisting interest to transfer the land to the appellant and the appellant not being made a party in the suit had no locus......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181...Category: Property Law | Date: | Hits: 69
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....efendants for a declaration that the plaintiffs are the 16 annas owners of the suit property described in the Schedule of the plaint. The learned District Judge, Mymensingh by his order dated 6.11.83 transferred the suit to the Court of the learned Munsif, Fulbaria for disposal and the learned Munsi......ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168...Category: Procedural Law | Date: | Hits: 102
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....nd 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 petitioner and her four brothers, one sister and her mother by executin......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
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....gladesh is directed against the judgment and order dated 11.10.2009 passed by a Division Bench of the High Court Division in Civil Miscellaneous Case No.1 of 2009 making the Rule absolute and thereby transferred the Money Suit No.2 of 2005 pending in the Court of Joint District Judge, 1st Court, Mou......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...Category: Property Law | Date: | Hits: 66
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....mation Assistant in the Department of Tourism of the Government of erstwhile Pakistan and the said post was renamed as Assistant Information Officer. After liberation of Bangladesh the petitioner was transferred to Bangladesh Parjatan Corporation and she was promoted to the post of Information Offic...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
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
....suit. This also points to the principle of law that to protect a right the right must exist at present and not in future. There having existed no such right but a mere expectation which is also not a transferable right under the transfer of property, it cannot be protected in mandamus.
20. Mr. Mo......ition, leaving nothing for us to interfere in mandamus.
We find no substances in this application which is thus summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 95.
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Category: Others | Date: | Hits: 128
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
....nts with cost in the preliminary form. Against the said decree the defendants took an appeal being Partition Appeal No. 233 of 1972 in the Court of District Judge, Chittagong. The appeal, however, on transfer was heard by Mr. KAF Mahmood, the learned Subordinate Judge, 3rd Court, Chittagong. The lea...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
.... the Company to sell property. On vesting both M/s. Adamjee Sons Ltd. and the Adamjee Insurance Co. is the Government under P.O.16 of 1972 the decision on this contention is only academic one. If die transfer of the Adamjee Annexe Building is held illegal it will remain the property of the vendor M/......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
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