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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
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....93 acres of the same plot from Tamirannessa on 4.3. 68. RahimaKhatoonSurjanessa and Nur Mohammad, Opposite parties 3-5 transferred their interest in favor of the pre-emptee on 25. 2. 71 by registered kabala for a consideration of Tk. 1000/-. The pre-emptee is stranger to the holding. No notice of th......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
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
.... possessed the same on the strength of settlement obtained from the Government. He thereafter sold the suit land to one Daud Hossain who in turn sold the same to the defendant in 1967 by a registered kabala. The defendants have been possessing the same by growing crops on the strength of the aforesa...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
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
....
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
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ...... Rashid, the present petitioner in 1970 to run the industry. Mrs. Begum Bibi, the mother of these two partners of the firm in the owner of the premises at 150, Nawabpur Road, Dacca by virtue of Regd. deed date 31. 8. 50. Mr. Moinuddin died during the disturbance leaving behind his brother A. Rashid,..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
.... far as this appeal is concerned.
A.S. Faizul Islam Choudhury J.-I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 628
......er, stated in his cross-examination that his was a registered firm that it was registered at Chittagong and that the firm has been carrying on work under the name and style of A. Motalib and Sons. No deed of partnership has been produced to show the existence of the partnership firm nor any copy of ..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
....uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ......nt Abdul Azim who was in possession of the property at the time of contract of sale. Azim in his turn entered into an agreement with the Respondent to transfer the holding to him and to obtain a sale deed from Uttama Devi in favour of the Respondent. He was all along in possession on his own account..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Govt. of the then East Pakistan Vs. M/s. Lucky Biri Company, 1975, 4 CLC (HCD)
....ree passed by the learned Subordinate Judge, but make no order as to costs. Abdul Mumith Chowdhury J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 411. ......y Attorney-General appearing in support of the appeal has canvassed before us firstly that (1) in the facts and circumstances of the case the Court below erred in law and fact in not holding that the deed of partnership is nothing but a creation of a firm for evading payment of taxes due from Khorab..Category: Corporate Law | Date: 25 Jan, 1975 | Hits: 3
Abdul Wadud Sikder and ors Vs. State, 1974, 3 CLC (HCD)
....ute. The accused petitioners who are on bail are discharged from their bail bonds. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 237. ......, 5321 and 5258 under mouza Paikerdanga P.S. Gopalganj in the district of faridpur owned by one Karima Mayee Das Widow of late Ambika Charan Das of Chanshi P.S. Gournadi, District Bakerganj and these deeds were registered at Gopalganj under deed 2423,2433, 2434 and 2435 dated 19-4-62. The purpose wa..Category: Criminal Law | Date: 4 Jun, 1974 | Hits: 2
Abdul Majid Bepari Vs. Kashem Ali Maloo, 1974, 3 CLC (HCD)
....e equal before law and are entitled to equal protection of law”. A writ was issued thereupon directing the respondents of the said case to cancel the said order of refusal and register the kabala, if otherwise in order, in accordance with the provisions of the Registration Act 1908. An ap......nvalid by a Special Bench of Dacca High Court in the case of Chitta Ranjan Sutar Vs. Secretary, Judicial Department, Govt. of East Pakistan and another, reported in 17 DLR (Dacca) 451. In that case a deed of sale executed by Chitta Ranjan Sutar was refused registration on the ground of absence of pe..Category: Civil Law, Constitutional Law | Date: 22 Jan, 1974 | Hits: 8
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ......tegories." I therefore, do not find any substance in this Rule. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 232. ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....ased the same on 25-4-63. A true copy of the certificate of sale has been annexed as Annexure "A" to this affidavit-in-opposition. This respondent thereafter purchased the said holding by a kabala dated 11-12-64 from his wife Mrs. Afioz Jahan. He is a Government servant and took house buil......s situated at 28/1 Gopumohan Basak Lane appertaining to plot Not 5461 of holding No. 3, Sheet No. 50 of Dacca Collectorate comprising an area of 0216 acre. But the vendor having failed to execute the deed of transfer within the stipulated time, the petitioner after obtaining permission from the Boar..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Md. Shahed Faruque Vs. Mosammat Matiunnessa Khatun and others, 1973, 2 CLC (AD)
....ose was a tenant under Profulla Kumar Ghose in respect of the suit land which was under mortgage. Rai Charan sold his right, title and interest in the suit land to Sarat Sashi Devi by a registered kabala dated 9-7-28 for a consideration of Rs.600/- and put her in possession thereof. The mortgage...... 3 to 9 by Kabalas dated 18-4-63 and 25-4-63; and since then the said defendants were in possession of the suit land by constructing huts thereon. The contesting defendants contended that the lease deed dated 16-1-56 executed by Abu Mohammad Kasem, the constituted attorney of Sarat Sashi, in favo..Category: Procedural Law | Date: 2 Feb, 1973 | Hits: 3
Seru Mia Vs. Fajilatennessa and others, 1973, 2 CLC (HCD)
.... defendant No.1-The original vendee appeared and contested the suit by filing a written statement, wherein all the allegations of the plaintiffs were denied and it was contended, inter alia, that the kabala dated 5th Ashar, 1368 B.S. by which the plaintiffs alleged to have purchased the suit land fr......it land from the vendor is a benami document and that there was a new contract between the vendor and the vendee by which the vendor agreed to take a further amount of Rs. 1,000/- and executed Nedabi deed and according to that agreement the vendee paid Rs. 600/- to the vendor and the balance of Rs, ..Category: Property Law | Date: 8 Jan, 1973 | Hits: 2
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