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Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

....t any lawful authority and is of no legal effect. There will be no order as to coats. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (1979) 402   ...... executed a General Power of Attorney in favour of one Sk. Md. Abdul Mannan, son of late Abdul Hamld of Village Churian under PS Nawabgaoj, Dacca authorising the said Sk. Abdul Mannan to do all acts, deeds or things for on their behalf including disposal of the holding by the sale. Sk. Md Abdul Mann..

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

Lutfu Mia Vs. Government of Bangladesh & Others, 1979, 8 CLC (AD)

....nal Deputy Commissioner dated November 16, 1977 cancelling the lease for the years 1385-1386 B.S. is without any lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 105 ......e and possession of the fishery was duly delivered to him on August 26, 1977; and that he invested Tk. 1, 00,000/-for rearing and pre­serving fish in the fishery and executed the neceessary lease deed. His further case is that some objection petitions were filed by the unsuccessful bidders for c..

Category: Administrative Law | Date: 6 Jul, 1979 | Hits: 1

Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)

....of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......t on September 30, 1972 in favour of the appellant authorising him to do all acts necessary for protecting the property and for disposing of the suit land. On the instruc­tion of the respondent a deed of lease was executed by the military authority in respect of the suit land on April 20, 1973 s..

Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103

Secretary, Ministry of Industries, Nationalised Industries Division Vs. Bangladesh Textile Mills Corpo¬ration, 1979, 8 CLC (AD)

.... a direction "to do that which is required by law to do." In the result, therefore, both the petition are dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 91 ......hellip;………..(9) Maxim-Nullus Commodum Capere Potest De Injuria Sua Propria—No man can take advantage of his own wrong. The learned Attorney General argued that no deed of transfer having been executed, no right was conferred on the former owners for claiming rest..

Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2

Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC

.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71   ......g relating to the suit land was in arrear for rent for which the landlord, brought Rent Suit No. 513 of 1924; that the rent suit must have been for arrear of rent due prior to April, 1924 that in the deed of the mortgage mortgagee did. not undertake any obligation to pay arrear rents; that there was..

Category: Property Law | Date: 14 Jul, 1978 | Hits: 11

Abdul Majid Howladar Vs. Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others, 1978, 7 CLC (HCD)

....n view of the above, the appeal is dismissed with costs. Prayer for leave under Clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 217 ......t he paid the auction money and purchased the suit land in the name of the plaintiff's father and was in possession of the same Defendants No. 2 and 3 along with the plaintiff agreed to execute a deed of release in favour of defendant 1 but on 30.7.52 a deed of release was executed and registere..

Category: Property Law | Date: 14 Jun, 1978 | Hits: 2

Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)

....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......the same partners who are liable to face the loss as well in one or both the business. If same partners having the same set of shares are allowed to carry on different businesses under different deeds of partnership they will be in a position to evade of income tax which is otherwise assessable..

Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3

Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)

....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311.   ......s.100/00 as advance rent on 26-10-60 and the defendants were given possession in the suit land. The plaintiff's case is that the document, thought described as meadi patta, was in fact a mortgage deed. The defendants had enjoyed the usufructs of the land from Poush, 1367 B.S. by growing crops th..

Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

.... were debutter properties dedicated for the worship of the ancestral family deity of the appellant, who, being the eldest member of the family, had been managing the said debutter properties for the Sheba Puja of the deity and that the remaining properties were the ejmali properties of the appellant...... 22 DLR 48 that the petitioners having proved their prima facie title by showing that they were in possession of the dis­puted Rice and Oil Mills as Managing partners on the basis of a registered deed of part­nership entered into by the said petitioners and one Chairaonjiblal Sharaf who acqu..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230.     ......egistration. We have thus no hesitation to hold that the right of a non-notified co-sharer tenant to apply under section 26F of the Bengal Tenancy Act accrues, only upon registration of the deed of transfer.” Mr. Hasib also relied upon a single Bench decision of the case of Abdu..

Category: Property Law | Date: 25 Nov, 1977 | Hits: 2

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ......session of the suit land to his sub-lessee, defendant No.4 who, in due course constructed a petrol pump station in which defendant No.1 started business of distributing petrol from 1970. But no lease-deed in pursuance of the auction held on 12 12.66 was yet executed and registered by defendant No. 3..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)

....s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316.   ...... deny the relief to the petitioner and to say that his remedy is available to the civil court is to put a premium for the illegality committed by the respondents and allow this to get away by a wrong deed. In this view of the matter the opinion is this direction can be made in this petition and acco..

Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5

Aram Ali Mondal Vs. Lutfar Rahman Dewan, 1977, 6 CLC (HCD)

.... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193   ...... preferably within three months of the arrival of the records in his Court. Send down the record expeditiously. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 193   ..

Category: Property Law | Date: 15 Aug, 1977 | Hits: 3

Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)

....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75.         ......n for pre-emption…………..(7) Section 96 of the Act is not applicable since the land transferred is a homestead. The pre-emptee is bound by recital made in the deed of transfer. The homestead being a part of the holding of a raiyat is not excluded from the ope..

Category: Property Law | Date: 9 Aug, 1977 | Hits: 2

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......din Sarkar for a price of Rs.50/-did not require under the law then in force a registered instrument and could have been made orally. In those days, of course, every transfer, whether by a registered deed or otherwise, was subject to the consent of the landlord but for which the purchaser's righ..

Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113

Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)

....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ......nt and decree of the Trial Court being First Appeal No.37 of 1976 before the High Court Division which was dismissed on Aug­ust 10, 1976. 4. The High Court found that (1) the exhibit 1 was a deed of agreement for monthly tenancy and did not require to be registered under section 107 of the ..

Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60

M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

....e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ......gistered office at Chittagong in Bangladesh and has been owing and possessing the land and buildings in holding No. 118, Segun Bagicha, P.S. Ramna, Dacca, after purchase of the same by the registered deed of conveyance dated 14th July, 1952 for a consideration of Rs. 77,393/9/- annas. The land measu..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

Bang­ladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)

....awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ......ents before him by the 15th of January, 1972 with a view to examining them for taking appropriate ac­tion. A reply to the said letter was sent on the 14th of January, 1972 along with the original deed of partnership stating that the firm was being smoothly run, that out of 6 partners 5 were pres..

Category: Others | Date: 27 Jan, 1977 | Hits: 217

Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)

....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......ed that "Mutawalli" has been defined in section 2(6) of the Waqfs Ordinance which runs thus: "2. (6) 'mutawalli' means any person appoin­ted either orally or under any deed or instru­ment by which a waqf has been created or by a competent authority to be the Mutaw..

Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147

Abdul Mannan Vs. Ministry of Land Administration and Land Reforms, Govt. of Bangladesh, 1975, 4 CLC (HCD)

.... The Rule is, accordingly, made absolute; We, however make no order as to costs. Shahabuddin Ahmed J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 597 ......er who was a Hawker was allotted his present plot. After the allotment of the plot of land measuring 55.90 sq. fit. The petitioner constructed his shop on the said plot. The authority also executed a deed of lease with the petitioner on 16.9.71 which was registered on 28. 9. 71. The authority also e..

Category: Property Law | Date: 2 Sep, 1975 | Hits: 3