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Abdul Hashem Vs. Saleh Ahmed & others, 1984, 13 CLC (HCD)
....ama is earlier in point of time but the petitioner is not aware of the bainanama in that event he can claim to be bonafide purchaser for value without notice. Lastly, Mr. S.C. Das has relied upon the provisions of section 27B of the Specific Relief Act. 8. It is true that in a suit fo......he alleged contract is dated 24.4.1975 and the petitioner's kabalas are dated 8.3.1978. So according to this provision of section 2(b) this petitioner can also take protection under the law. 13. In the cases of Mir Hasmat Ali Vs. Birendra Kumar Ghosh and others reported in 16 DLR ..Category: Contract Law, Property Law | Date: 10 Jul, 1984 | Hits: 5
Azizur Rahman & others Vs. Jugal Kishori Sarkar & others, 1984, 13 CLC (HCD)
....specified the same hut gave a decree in favour or the plaintiff allowing her to purchase the entire homestead land that is the entire 3.71 land of plot No. 492. This was illegal being contrary to the provision of law and was also without jurisdiction. So on this ground alone the judgment and decree ......im under section 4of partition Act could not be legally maintained. The third point of objection was that the learned Munsif did not himself assessed the value of the property as was required by law. 7. The learned Subordinate Judge upon a consideration of all the evidence and the judgment..Category: Family Law | Date: 20 Jun, 1984 | Hits: 2
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....e, and if the defendant No. 1 does not furnish any sufficient surety upon the claimed amount of the suit then there is possibility of more inconvenience by the plaintiff than the defendants. There is provision for furnishing bank guarantee or other sureties upon the claimed amount of the suit by the......security upon the claimed amount of the suit. The impugned order dated 29- 1-84 is therefore, clearly a conditional order within the meaning of Order 38 Rule 5(3) C.P.C. It is true that the law does not contemplate a second order of conditional attachment after hearing the objection of the..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......ding of act of the Courts below. The learned Advocate however submits that in the alleged contract of reconveyance no period was fixed for repayment of the amount and as such it is not enforceable in law inasmuch as it offends against the rule of perpetuity. The learned Advocate also submits that th..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....e who is not a bona fide cultivator; (2) settlement should not be made with any person unless he is a person to whom transfer of land can be made under section 90 of the said Act. -The foregoing provisions of the Act will be enforced vigorously. Except under the special orders of the Board of R...... required by Rule 54 of the Government Estate Manual read with section 77 of the State Acquisition and Tenancy Act. The learned Advocate submits that the failure to make such enquiry was mala fide in law and vitiated the settlement. Rule 54 of the Government Estate Manual reads as follows:..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... that winding up like partition is a continuing cause of action. The fact of this application therefore should have a sobering effect on the management of the respondent-company. Although there is no provision in our Companies Act analogous to Section 210 of the Companies Act, 1948 of U.K. and ......elatives of the Managing Director. The Managing Director is depriving the petitioner as also other 25% share-holders the benefits of their shareholding in the company. The petitioner through his lawyer sent a notice to the Managing Director to return the share script No.005 and to move the High..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... has contended that the Courts below erred in law in not finding that the relationship between the Managing Committee and the plaintiff was that of a master and servant, there being no statutory provision or law guiding the service conditions of the plaintiff. The instant suit being a suit to e......ut that of a master and servant for which a suit for damage only, if any, would lie for breach of a contract. 4. The learned Munsif after hearing the parties and on consideration of the relevant laws, decreed the suit on contest. The removal was declared to be illegal and ultra vire and it was ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Rafiqul Islam & others Vs. Md. Abdul Hoque & another, 1984, 13 CLC (HCD)
.... the time after the expiry of the time once granted by him. 4. Mr. M.S.M. Nasirul Islam the learned Advocate has appeared on behalf of the opposite part No.1. He submits that as per amendment of provision 167(6) Cr.P.C. the Sessions Judge was perfectly justified in granting time. According to h......le is discharged. The order of stay of further proceeding of G.R. Case No.1046 of 1933 pending before the Upazilla Magistrate Daulatpur, Khulna is vacated. Let the case now proceed in accordance with law. M. S. Ali J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (198..Category: Criminal Law | Date: 11 Apr, 1984 | Hits: 1
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
....hatian No.66 when according to the defendant it was plot No. 1290 and 1291 covering an area of 2.46 under khatian No. 65 as it is in fact written so in the patta in black and white. 8. Under the provisions of law when the terms of a contract or of a grant or of any disposition of property has b......nsel appearing in support of the appeal having taken me through the judgments of both the Courts below and the evidence on record has contended that the learned Additional District Judge has erred in law in reversing the judgment and decree of the learned Munsif and had failed to apply his judicial ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Rezia Khatun & others Vs. Delwar Hussain & others, 1984, 13 CLC (HCD)
....er 5 Rule 17 of the Code of Civil Procedure. Again in the case of Most. Johara Begum Vs. Rafiqul Kader reported in 25 DLR page 91 it has been held by another single Bench of this Court that provisions of rule 19 cannot be treated as a dead letter or absolute but that the provisions of rule......llip;…………………Respondent Judgment March 21, 1984. Result: The appeal is allowed. Non-compliance of the positive requirements of law in the matter of service of summons legally amounts to non-service of summons. Where a summ..Category: Administrative Law | Date: 21 Mar, 1984 | Hits: 2
Fazal Ahmed Vs. Achima Khatun & others, 1984, 13 CLC (HCD)
....for. The Rule is accordingly discharged. Parties are made to bear their own costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 144 ......dence on record to show that the plaintiff understood the contents and purport of the deeds of gift and sale; which were read over and explained to her, but the learned Subordinate Judge has erred in law in not holding that the deeds in question have been read over to the plaintiff and explained to ..Category: Property Law | Date: 18 Mar, 1984 | Hits: 3
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....r deterioration of animals or goods, whether landed for import or received for export during such time as the same remains in the possession or under the control of the Board, shall, subject to other provisions of this Act and in the case of animals or good, received subject also to the provision of......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Md. Gafar & others Vs. Azimuddin, 1984, 13 CLC (HCD)
....669(S) 1978 is disposed of accordingly. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 242;4 BLD (1984) 127 ......Facie title is required Possession for more than 12 years can be protected by permanent injunction even against rightful owner. A person in long possession can be evicted only in due process of law. including the rightful owner. The plaintiffs and their predecessor have been in exclusive ..Category: Property Law | Date: 13 Mar, 1984 | Hits: 3
Nurul Islam & others Vs. The State, 1984, 13 CLC (HCD)
....fa, the learned Advocate has appeared on behalf of the complainant opposite party No.2. He submits that the learned Sessions Judge was perfectly justified in ordering further enquiry as per provisions of section 436 of the Code of Criminal Procedure and no illegality had been committed by ......n 14 DLR page 96 in the case of Abul Hossain Sana Vs. Suwalal Agarwala and another wherein it was held by the Supreme Court of Pakistan: An express bar to fresh proceedings was not essential when the law provides for the exercise of jurisdiction by a Court the jurisdiction will be exhausted if it is..Category: Criminal Law | Date: 11 Mar, 1984 | Hits: 3
Jahir Ahmed Vs. Badsha Mia Sowdagor, 1984, 13 CLC (HCD)
....oupled with the contemporaneous agreement of reconveyance constituted a mortgage arid that the relief of the plaintiff mortgagor was by filing an application to the Circle Officer under the provisions of P.O.88 of 1972 and P.O. 136 of 1972 and the suit in the present form was not maintaina......e Acquisition and Tenancy Act as inserted by P.O. 88 of 1972 and amended by P.O.136 of 1972 and P.O.24 of 1973 reads as follows:— "95A. Notwithstanding anything contained in any other law for the time being in force, any transfer of a holding or of portion or share thereof, eith..Category: Property Law | Date: 6 Mar, 1984 | Hits: 119
Priyatosh Talukder Vs. Asstt. Custodian of Enemy Property, 1984, 13 CLC (HCD)
....n against the said application contending, inter alia, that judgment debtor No.5 was living in Pakistan on whom the summons was served. The mortgaged land is not enemy property and therefore the provisions of Defence of Pakistan Ordinance and Rules, 1965 do not apply. 5. In the Executing C......to 4 are enemies ^within the meaning of Defence of Pakistan Ordinance and Rules, 1965 being residents of India since long before the institution of the suit and there is no doubt that by operation of law the suit property has vested in the Assistant Custodian. The vesting having taken place dur..Category: Property Law | Date: 4 Mar, 1984 | Hits: 4
S Joga Maya Debi & others Vs. S.D D. Singh Hazari & others, 1984, 13 CLC (HCD)
.... to 3 (the sellers) submits that the suit is essentially between the plaintiff opposite parties 1 to 3 and defendant opposite parties 4 to 9, that the main issue is the question of benami, that under provision of Order 1 Rule 10 C.P.C. the petitioners are strangers who are not entitled to ......83 and 84 of 1982 be heard analogously with Other Suit No.37 of 1982. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 272 ..Category: Procedural Law, Property Law | Date: 4 Mar, 1984 | Hits: 2
Kamal Anwar & others Vs. Md. Kabir Khan, 13 CLC (HCD)
....shy;ted to proceed with the trial of the said suit. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 309 ......rt, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the spit. (2) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff..Category: Procedural Law | Date: 7 Feb, 1984 | Hits: 1
Eshaque Ali Vs. Aitunessa & others, 1982, 13 CLC (HCD)
....ision of the appellate court occasioning any failure of justice. The Rule is, therefore, discharged with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 127 ......ew of the fact that the trial court "presumed that the plaintiffs did not possess the land since auction purchase" on the ground of non-payment of rent by them, the appellate Court erred in law in allowing the appeal without altering the aforesaid finding of the trial court. There is no le..Category: Property Law | Date: 6 Feb, 1984 | Hits: 4
Sarendra Nath Halder & others Vs. Satyandra Nath Halder, 1984, 13 CLC (HCD)
.... forfeited to Government. Mr. Abdul Quay urn, the learned Advocate for the plaintiff-petitioners, has frankly admitted that the basic document of the plaintiffs title, i.e. Ext. 2, is hit by the provisions of section "75-A of the Act and on the basis of the said kabuliyat; Ext. 2 and the k......t), 1956 (East Bengal Act IV of 1956) and came into force on 13.4.56. There is nothing in the East Bengal Act IV of 1956 to indicate that the penal provision was given retrospective effect. The penal laws should be strictly construed and retrospective effect should not be given to such pro..Category: Property Law, Tenancy Law | Date: 30 Jan, 1984 | Hits: 5
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