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Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... any member of the company, or the company, may apply to the Court for rectification of the register. (2) The Court may either refuse the application or may order rectification of the register and payment by the company of any damage sustained by any party aggrieved, and may make such order as to...... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ..Category: Company Law | Date: | Hits: 195
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
.... is the agreement for 1 year and Ext. A and A (1) are the two rent receipts. These exhibits show that the defendant obtained possession of the land in question by agreement. Subsequently he stopped payment of rent. The question is whether he can raise the plea of adverse possession. Ext. 1 and Ext......rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ..Category: Property Law | Date: | Hits: 63
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....t receipts alleging that he did not pay any rent after the preparation of the revisional record of rights. 5. The learned Subordinate Judge held that although the entries in the Register II showed payment of rents at reduced rate following the mutation case, the entries, however, did not show tha......aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....(XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plaintiff cannot claim the rent over again from the tenant defend....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ..Category: Property Law | Date: | Hits: 59
Commissioner of Income tax and another Vs. Zeenat Textile Mills Ltd., 1975, 4 CLC (AD)
.... 3. In Writ Petition No. 182 of 1967 the facts the validity of certain orders of the appellants were these: Having provisionally assessed the relating to levy of additional amounts of tax for delayed payment of taxes assessed for the respondent for the assessment year 1964-65 in December, 1964 Incom......s rightly declared by the High Court of East Pakistan to have been made without lawful authority and being of no legal effect. The appeals are dismissed, but with out any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
....ight does not arise also out of a mortgage even though it may be by way of conditional sale. Under the Mohammedan Law a sale is an exchange of property for property, the exchange consisting in payment of price by the purchaser to the vendor and delivery of possession by the vendor to the pur......amdar of the three-fourths share in the said villages I, give you this notice that if you are desirous of purchasing the said villages for the sum-aforesaid you will be good enough to send me a cheque for the amount, viz Rs. 29,999-, by return of post and in the event of your not replying to..Category: Property Law | Date: | Hits: 45
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....quot;When a person having a korfa right transfers his holding to a third person without consent of the landlord that amounts to an abandonment of the holding without making arrangement for payment of rent. The landlord in such a case can treat the transferee as trespasser and in en......right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....tiffs for some reason or other were thrown out of possession, according to the defendant No. 2 since their father's death. But their dispossession will not disentitle them to recover possession on payment of ad valorem court-fee in this suit as already directed by the trial court. The suit is no......h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 54
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....erms of the offer defendant 3 was to lift at its own risk and responsibility the entire stock of boulders from the site of the plaintiff. This was accepted by the defendant 3 who made advance payment of Tk. 7, 52,500/- for the boulders. In the form of performance bond, the plaintiff furnish...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ..Category: Banking Law | Date: | Hits: 130
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....i.e. 2.12 69 the receipt of the order of processing of excess Income and assessment order. Demand Notice, and challan was acknowledged by the assessee, vide Acknowledgement slip. [As no payment was made, by Memo-No. 2107/ICS/520 the Income Tax Officer (Mr. A. Taher) requested the ass......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....had been declared "as a vested and non-resident property" by the Government under law and that the land was leased out to them by the Government and on that basis they had been possessing the land on payment of rent to the Government. They further alleged that the Will was false, forged and fraudule......udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ice, he shall not be entitled to any pension or other retirement benefits, except his subscriptions to any provident fund and the interest thereon, till the determination of such proceedings, and the payment to him of any pension or other retirement benefits shall be subject to the findings in such ......osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ..Category: Employment/Service Law | Date: | Hits: 180
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....t is a condition precedent to the making of an application for setting aside the decree that the applicant should, at time of presenting his application, deposit in Court or tender the security for payment of the same; and (iii) those which lay down that the words are directory to this extent ......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....ause the authentication of the signature before the Magistrate at Alipore was not a legal authentication, since it was not authenticated by an officer of the Diplomatic Mission. It was revalidated on payment of required stamps. 5. The point arising in this appeal has been set out earlier. Before......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....y would have occupied but for such decree or much part thereof at has been varied or reverted; and for this purpose, the Court may make any orders, including orders for the refund of cost and for the payment of interest, damages, compensation and make profits, which are properly consequential or s......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....sideration of the trial Court and as well as of the High Court Division; it is the failure of defendant No. 2 to take possession of the property alleged to have been purchased by him on 7-2-1964 on payment of the full consideration, and the vendors documents had already been handed over to ......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Govt. of Bangladesh Vs. Md. Arshad Ali, 1982, 11 CLC (AD)
....s contemplated under the Rules for determination of the realised or estimated value of the seized gold and silver and on determination of the estimated value of the seized gold and silver, to make payment of the reward to him. 5. Legality of the order of High Court Division has been chall......e sustained. Therefore, the appeal is allowed. The judgment and order of the High Court Division are set aside and the writ petition is dismissed. We make no order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 171
Messrs. Haji Noor Ali Sowdagar & Sons Ltd. Vs. Comm. of Sales, Tax, Ctg Zone, 1982, 11 CLC (AD)
....that on the raw materials consumed in the manufacturing of washing soap sale-tax at the standard rate having been already paid at the Customs stage, the end products are liable to be exempted from payment of sales-tax, and the assessee is entitled to get credit of the amount already paid as sale......hy;tention of the assessee cannot be accepted. In my opinion the question has been correctly decided by the High Court Division. Therefore, the appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
....) by which he purchased the property from Jainab Bibi. On the other hand, Exhibit B series .shows that the defendant had been paying municipal dues for the land in question and Exhibit E shows payment of rent to the Government by the defendant. Survey settlement record shows that the defend...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
Commissioner of Income Tax Vs. Chowdhury Ramzan Ali and another, 1982, 11 CLC (AD)
....he ground that it was time barred. Thereafter the Appellate Commissioner of Income made an application before Company Judge for direction on the Official Liquidator to make provision for payment of the demand in respect of the income tax and super tax assessed for the assessment year 1......ed without any order as to costs. The orders of the Court below are set aside, the proceedings of claims of the appellant before the Company Judge will proceed according to law. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 85
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