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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
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
....oes not enjoy any special privilege and that in appropriate circumstances time may be extended to Government in the matter of filing appeal. What happened in that case is that the Munsif prior to his transfer to another station did not sign the decree but his successor signed it and in that process ...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..Category: Procedural Law | Date: | Hits: 87
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....ed him about the particulars of sale deed but opposite party No.1 expressed his inability to supply him the particulars. This is the 1st time that pre‑emptor opposite party No.1 came to know of the transfer from opposite party No.2 and before that pre‑emptor opposite party No.1 was quite in dark......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
.... Act having no retrospective effect in the facts and circumstances of the case the same was wrongly applied in the present case before us. He further submits that in view of the provisions of law any transfer of a holding or part thereof by a raiyat by way of an out and out sale with an agreement to......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
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....t her, whereas Clause 4 provides that the defendant will be entitled to sub‑let the rented premises without any objection from the plaintiff and Clause 5 provides that defendant will be entitled to transfer his possession of the rented premises to any person with permission of the plaintiff who wi......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Sessions Judge on 1.9.84 and first posted at Joypurhat in the said capacity. He was also appointed as a Judicial Member in the Income Tax Appellate Tribunal, Chittagong on 10.7.86. Then again he was transferred as District and Sessions Judge and served in the said capacity in Bogra. He was also pla...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
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)
....t and order dated 4th May, 1982 passed by the High Court Division in Civil Order No. 689 of 1981) Judgment Shabuddin Ahmed J.- The question raised in this appeal by special leave is whether the transfer in favour of Co-sharers whose interest has accrued by inheritance from their father, who ha......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
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....e’ means that result or process should be just, it is a harmless though it may be a high sounded expression; insofar as it attempts to reflect the old just natural, it is a confused and unwarranted transfer into the ethical sphere of a term employed for other distinctions and so far as it is res......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....amation. (3) In respect of issue and execution of processes, review of judgments of orders, making of rules, punishment for contempt of courts, superintendence and control over subordinate courts, transfer of cases and appointment of staff the Supreme Court or its Division shall have the same pow......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... 13 of the Code of Civil Procedure. 2. Respondents No. 1-3 instituted a suit being T.S. No. 344 of 1969 in the Court of Subordinate Judge, Dacca which was renumbered as T.S. No. 56 of 1972, on transfer to the 4th Court of Subordinate Judge, Dacca, for partition of the ejmali property descri...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..Category: Procedural Law | Date: | Hits: 80
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..Category: Tenancy Law | Date: | Hits: 210
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....t No.2 has been stated as mortgagee, the plaintiff as mortgagor and the policy was made subject to a Mortgage clause. 41. We know, under section 58 of the Transfer of Property Act, a mortgage is a transfer of an interest in specific immovable property for the purpose of securing the repayment of ......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......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
State Vs. Md. Khosbar Ali, 2000, 29 CLC (HCD)
....3 he seized the Phoenix bicycle bearing No.KC 008988 and prepared a seizure list. During investigation he visited place of occurrence, prepared sketch map with index and examined witnesses and on his transfer handed over the case docket to the officer-in-charge. In cross-examination he stated that i......e. It is directed that the said accused be transferred from the condemned cell to the general cell. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 633. ..Category: Criminal Law | Date: | Hits: 62
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....s. 1 and 2 are obliged to sell the said property to him according to the terms and conditions of the tender. 26. The decision of the trial Court appears to be based mainly on its findings that the transfer of the suit property to defendant No.3 was not complete and that the prior right of the pla......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)
....endant No.1 Noor Mohammad, his mother defendant No.2 Mst. Samala Bibi, defendant No.3 Government of Bangladesh and defendant No.4 Assistant Commissioner (Land) Rupgonj, Narayangonj. The said suit was transferred to the Court of 4th Senior Assistant Judge, Narayangonj and renumbered as Title Suit No.......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)
....ained an invalid retirement. 2. The petitioner Mohammad Ali, born on 25.1.1956, joined the service of Primary School on 1.7.1976 as an Assistant Teacher in Khedapara Primary School and ultimately transferred to Hogladanga Government Primary, wherein he continued in service for 23 years in the sa......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)
....the case property (shop) along with other lands belonged to the predecessor in interest of proforma opposite parties Nos.7-20; out of the aforesaid reported a quantum of land measuring 0.07 acres was transferred by registered kabala dated 4-9-83 to the predecessor-in-interest of opposite party Nos.1......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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