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World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... is made or executed in exercise of the executive authority of the Republic, neither the President nor any other person making or executing the contract or deed in exercise of that authority shall be personally liable in respect thereof, but this article shall not prejudice the right of any person t......TRC cannot blow hot and cold at the same breath. 47. The doctrine of election contained in section 35 of the Transfer of Property Act runs as follows: "35. Where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit ..Category: Information Technology Law | Date: | Hits: 321
.... any lawful authority and are of no legal effect.
In view of the facts and circumstances of the cases there will be no order as to cost.
Ed.
This Case is also Reported in: 58 DLR (2006) 5.
...... her. The decisions on which the learned Assistant Attorney- General has relied on, clearly show that in interpreting fiscal law greater latitude has to be given but nevertheless if the same class of property similarly situated is subject to an incidence of taxation which results in inequality among..
Category: Fiscal/Taxation Law | Date: | Hits: 81
.... and the writ petition was not maintainable has no substance.
In the result, the Rule is made absolute with any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 506.
......ppeal No.22 of 1994 should not be declared to have been made without lawful authority and to be of no legal effect.
2. It is stated in the writ petition that the petitioner’s father acquired the property in question measuring 3.33 acres of land in Khatian No.2 under Sylhet Municipality by purch..
Category: Property Law | Date: | Hits: 95
Commissioner of Taxes Vs. Kushtia Sugar Mills Ltd., 2000, 29 CLC (HCD)
....AJCT holding that incentive bonus was an expenditure incurred by the assessee wholly and exclusively for the purpose of the assessee’s business and it is neither an expenditure of capital nature or personal expenditure. 3. The following question has been formulated by the revenue applicant for ....... Accordingly, we answer the questions in the affirmative and against the revenue applicant. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 504...Category: Fiscal/Taxation Law | Date: | Hits: 104
.... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......acquired citizenship of India and, as such, their properties had been declared as khas and, being vested to the Government. That the suit land along with 2.48 acres of land of other plots became khas property of Government by virtue of the provision of State Acquisition and Tenancy Act. That, in the..
Category: Procedural Law | Date: | Hits: 106
Annada Prosad Das Vs. DC, Khulna and others, 2001, 30 CLC (HCD)
....ppeal is allowed, the judgments and decrees of the Courts below are set aside and the suit is decreed in full. No order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 496.......llage Dasani, within the PS Bagerhat, in the then District Khulna, now Bagerhat and his parents were also permanent residents of Bagerhat vis-a-vis, Bangladesh. He had got both moveable and immovable property at Bagerhat. The appellant went to India during the liberation war of Bangladesh for safety..Category: Immigration and Citizenship Law | Date: | Hits: 190
Anindra Bhusan Ghose Vs. Bangladesh Government, 2001, 30 CLC (HCD)
....l. For the reasons and discussions made above, I find no merits in this appeal. In the result the appeal is dismissed. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 493.......d in the SA Khatian in the names of the defendants 4 and 5 correctly. Defendant No.4 is Panchanan Pal and the defendant No. 5 is Santosh Kumar having migrated to India, the land was enlisted as enemy property. Defendant No.11 is in possession of the Suit land as lessee from the Government. 6. Pla..Category: Property Law | Date: | Hits: 85
Parul Bala @ Parul Rani Shah Mondol Vs. Suruj Miah and others, 2001, 30 CLC (HCD)
....)68 is disposed of accordingly, the judgments and decrees of, the Courts below are set aside. The suit is decreed in full. No costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 481....... decree dated 26-5-1964 passed by the Subordinate Judge, Additional Court, Noakhali in OC Suit No.45 of 1960 dismissing the suit which was filed for declaration of title of the plaintiffs to the suit property, on the basis of purchase on 26-2-1951 from the defendant No.2 and that the title of the pl..Category: Property Law | Date: | Hits: 83
Abdus Sukur (Md.) and others Vs. Bhasani Mandal and another, 2001, 30 CLC (HCD)
....gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452.......gment and decree of the Court of appeal below are set aside and those of the trial Court are hereby restored. Send down the records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 452...Category: Property Law | Date: | Hits: 75
Gurvinder Singh Vs. Secretary, Ministry of Finance and others, 1992, 21 CLC (HCD)
....he was informed by the Government that the extension application is in the process and that his visa will be extended on the basis of his letter. It is further stated that for his office expenses and personal expenses in Bangladesh the petitioner gets remittance from his company in USA would be evid...... In the result, this Rule is disposed of on the above observations without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 434. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
....ons stated here in above the Rule is liable to be discharged.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 426.
...... should not be declared to have been passed illegally and without any lawful authority and, as such, of no legal effect.
2. The short facts leading to the issuance of this Rule are that the landed property of House No.CWN(B)-30, (Holding No.117, Gulshan Model Town) was a DIT (Dhaka Improvement Tr..
Category: Property Law | Date: | Hits: 103
Abul Kashen (Md.) Vs. Chairman, RAJUK and others, 2000, 29 CLC (HCD)
....n already made under the order of this Court should not be disturbed in any way by the respondents. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 488. ......t the respondent has given a final decision to the effect that not more than one story building should be constructed on the said plot which decision will vitally affect the right to enjoyment of the property of the petitioner and, as such, the petitioner should have been given an opportunity of bei..Category: Property Law | Date: | Hits: 114
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......ding in accordance with the sanctioned plan and transferring the entire spaces up to 10 floors to different organisations, besides the monetary involvement, the rights of the petitioners to enjoy the property is lawfully vested in them and those rights cannot be taken away with such bureaucratic fia..Category: Property Law | Date: | Hits: 125
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....ble, man as to the necessity of the detention for the purpose of preventing the detenu from committing a prejudicial act. The onus is completely on the authority who has deprived a citizen of his personal liberty by detaining him in custody for satisfying the court that the detenu is being hel......s LJ said: "On principle and on authority it is in my opinion open to this court to hold, and I consider that it should hold, that powers so far reaching, affecting as they do, individuals as well as property, are powers to be exercised judicially, and not ministerially or merely, to use the languag..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ...... Bibi, a son Sayed Ali and two daughters Elemjan Bibi and Halimon Bibi. Subsequently Pathani Bibi died leaving behind her aforesaid son and daughters. There was an amicable partition of the inherited property among Elemjan, Halimon and Sayed Ali. Syed Ali got 'Ga' schedule land measuring 2.07 acres ..Category: Property Law | Date: | Hits: 127
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
......uthorities referred to above that a person, though not a party to the suit or the original proceedings, can be granted by the appellate court to file appeal provided he shows that his interest in the property has been adversely affected. On the same analogy a person who is not a party in the suit or..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ......iguous that it leaves no room for any germination of interpretation on this point. Section 19 reads, "Where, before the expiration of the period prescribed for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made..Category: Banking Law | Date: | Hits: 215
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
....ontempt Petition No. 70 of 2002. 3. Mr. M Saleemullah, the learned Advocate appearing on behalf of the respondent (petitioner of the writ and Contempt of petitions), submits that his client has no personal grievance against the present petitioner who has complied with the Court’s order by now a...... No. 3518 of 2001 there was a clear instruction from this court upon respondent No. 5 (present petitioner) to mutate the name of the petitioner of Writ Petition No. 3518 of 2001 in the records of the property in question maintained by the office of that respondent within 60 days from the date of del..Category: Others | Date: | Hits: 118
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
.... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270.......cate for the petitioner that the learned Joint District Judge did not take into consideration that the rescheduling of the loan amount was the policy of the government to help the borrower keep his property in tact and further that the provisions of section 48 of the Code of Civil Procedure and ar..Category: Property Law | Date: | Hits: 91
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......e appellants for the purpose of 'Dhanmondi Hawkers Market' which was previously requisitioned by the Government by order dated 9-9‑1960. The appellant filed objection against the acquisition of the property on 5‑10‑1976 but the same was not considered. The Deputy Commissioner assessed Taka 2,7..Category: Property Law | Date: | Hits: 95
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