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Anil Chandra Paul Vs. Commissioner of Taxes, 2005, 34 CLC (HCD)
....umn of the wealth statement. 5. In reply, the assessee-applicant explained that he did not show the income of Taka 5,40,00,000 (Taka five crore forty lac) in his return because he was/is not the owner of the same nor he earned any income out of the same and the purchase vouchers having already ......e is also Reported in: 57 DLR (2005) 756. ......raised herein are required to be answered at this moment. With the above observations this reference application is disposed of. Ed. This Case is also Reported in: 57 DLR (2005) 756. ..Category: Fiscal/Taxation Law | Date: 19 Mar, 2005 | Hits: 4
....riginally
belonged to Priaya Nath Basak and others and on the death of Priaya Nath Basak,
his sons Nipendra Nath Basak, Nagendra Nath Basak, Bhupendra Nath Basak and
Digendra Nath Basak became the owners of the suit land to the extent of 4 annas
shares each and their names were correctly recorde......: 26 BLD (HCD)
(2007) 75.
...... both the
aforesaid rules. Both the rules are therefore discharged without any order as
to costs.
Send down the L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....ater on the plaintiff could know about the earlier decree only on 19-1-1987. 3. The respondent Nos. 1-8 contested the suit filing written statement stating, inter alia, that the original owner Sudhanshu Kumar Acherjee being owner and in khas possession of the pond ultimately settled to .........Respondents Judgment February 1, 2005. The State Acquisition & Tenancy Act, 1950(XXVIII of 1951), Section 20 The suit land is being admittedly a tank and, as such, non-retainable land of the Zamindars the plaintiff of ......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....a D Rozario (since deceased), wife of Ketu Rozario purchased the land appertaining to CS Plot No.177 of mouza Begunbari, PS Tejgaon, Dhaka measuring an area of 1.25 acres of land from the CS recorded owners by a registered deed of sale dated 12‑6‑1950. The name of Mrs. Rozario was duly recorded ......so Reported in: 57 DLR (2005) 267. ......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....Suit No. 356 of 1985 dismissing the same. The suit was filed seeking decree for permanent injunction. 2. Plaintiffs filed the suit stating, inter alia, that CS recorded tenant Nawab Ali was the owner of the land described, in the schedule attached to the plaint, that after, his death his son ......ted in: 57 DLR (AD) (2005) 55. ......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....may seem fit and proper. 2. The plaintiff-opposite party filed Title Suit No.100 of 1984 in the Court of Assistant Judge, Bakerganj for reconveyance. The case of the plaintiff is that he was the owner of the property in the suit and he transferred the property in favour of defendant Nos.1 and 2......Sikder (Md.)…………………………………………………Petitioner Vs. Gouranga Chandra Shil and others………………………&hellip...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....iff‑respondent Nos. 1 and 2 and the predecessor of the plaintiff‑respondent Nos. 3‑7 filed the suit stating, inter alia, that the defendant No. 1 (herein respondent No. 8) was the owner of the property described in schedules A, B, and C to the plaint, He entered into an agreemen......vil) Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J Lal Miah (Hajee)…..Appellant Vs. Nurul Amin and others.......Respondents Judgment January 5, 2005. The E......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......sion (Special Original Jurisdiction) Present: Md. Awalad Ali J Md. Emdadul Huq J Altaf Hossain Golondas...................................Petitioner Vs. Bangladesh and others..................................Respondent Judgment December 14, 2004. Re......uently there has been violation of the principle of natural justice. A person or a citizen being possessed of any firearms under licensee granted by the authority cannot be said to be an illegal possessor of arm and an offence under the Arms Act for such possession would not be deemed to have b..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....plaintiffs predecessors extinguished 40/43 years ago during their life time and the defendants acquired, title and possession in the suit land. The further case of the defendants is that the original owner Saku Sarder took loan of Taka 71 on 12th Ashar, 1336 BS and another sum of Taka 92 in 1337 BS ...... Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ed an application under Rule 10(2) of Order I of the Code of Civil Procedure praying for adding him as party in the suit stating, inter alia, that his father acquired the land by putta from its legal owner and he gifted the property by registered deeds of gift dated 05.02.1960 and 25.11.1986 to the ...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Jamir Ahmed…………………Petitioner Vs. Siddique Ahmed Sowdagor and others...........Respondents Judgment December 12, 2004 Result: The leave petition i......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....tices. This Court, having found that the service was good, decreed the suit ex parte as no one appeared to defend the same. 3. Mr. Md. Moksadul Islam, learned Advocate appearing on behalf of the owner of the vessel, defendant No.3 petitioner, submits that the petitioner did not receive the noti......site Party Judgment November 30, 2004. Result: The miscellaneous case is allowed. Case Referred to- Manager Jammu & Kashmir, State Property in Pakistan Vs. Khuda Yar and another, PLD 1975 SC 678; Abdul Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162.......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
....rved all formalities transferred the said house property to Shamim Ahmed and Nasim Ahmed by a registered sale deed No.7668 dated 7‑8‑69. While said Shamim Ahmed and Nasim Ahmed were continuing as owner in possession of the said house property with the petitioner. Since said Shamim Ahmed and Nasi......ereabouts of the original lessee or his vendors were not present in Bangladesh from 28‑2‑1972 will not absolve the government in law from taking appropriate steps setting aside the said sale deed and taking over the possession of the said house property by issuing requisite notice as contemplate...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
.... The Appeal is allowed. A permissive possession to become adverse must be established by cogent and convincing evidence to show hostile animus and possession adverse to the knowledge of real owner. Mere possession for a long time does not result in converting permissive possession into adve...... (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Ashraful Alam........................................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: T......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....t of Munsif at Dhaka for partition and on amicable partition the suit property fell in the share of Anisuddin Ahmed, proforma defendant No.4 and husband of the plaintiff, Anisuddin Ahmed, thus became owner in possession of the suit property. 5. On 2‑1‑85 said Anisuddin Ahmed orally gifted t......Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hasina Begum....................................Appellant Vs. Deputy Commissioner, Dhaka and others........Respondents Judgment August 15, 2004. Result: The Appeal is al......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....earned Assistant opposing the Rule. 7. In view of sections 8 and 9 of the Marine Fisheries Ordinance, 1983 and the Marine Fisheries Rules 1983, particularly Rules 3, 4, 5, 6 and 7 thereof, every owner of the deep sea fishing trawler is required to file an application to the Director (Marine) (r......inal Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Jane Alam (Md.)...........................................Petitioner Vs. Government of Bangladesh and others..............Respondents Judgment August 10, 2004. Result: The Rule ......nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
.....
8. Defendant Nos.1, 4 and 5 contested the suit by filing a written statement denying the entire case of the plaintiff bank. Their specific case is that the bank in collusion with VN Chanfakol, owner of Chanfakol Industries Company Ltd. at Bangkok, remitted Taka 29,12, 845 against their instru......Reported in: 57 DLR (2005) 643.
......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....;……Opposite Parties Judgment July 27, 2004. Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpar......J Nurul Haque (Md.) ……………………………………………Petitioner Vs. Anowara Begum and others……………………………&h......ssion; and (b) some amount of will to avail oneself of that power that is the desire to possess (animus). Thus, it expresses the physical relation of control exercised by a person over the thing. The possessor may be or may not be the owner of the thing. Possession confers more than a personal right..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Rajdhani Unnayan Kartipakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....e Government took decision to allot 2.5 kathas of land to each affected person in the Rehabilitation Zone, that as, acquisition has not been completed, as such, recorded tenants till today remain the owners, that RAJUK published a notice in the newspaper on September 2, 1994 inviting applications fr......esent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Rajdhani Unnayan Kartipakhya (RAJUK) represented by its Chairman ...... .........Petitioner Vs. Jahanara Begum and others ........Respondents Judgment July 21, 2004. Result: The decision of the H......UK would make allotment to the writ petitioner, otherwise not. The direction of the High Court Division is modified as above. The petition is disposed of. Ed. This Case is also Reported in:..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....ices issued under section 64(1) of the Ordinance for eviction of the plaintiffs is illegal and not binding upon the plaintiffs on the averment, inter alia, that one Peer Box Sawdagar was the original owner of the suit land which was inherited by the predecessor of the plaintiffs Yakub Sawdagar by wa......il) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Abdul Malek Sawdagar……………….........Appellant Vs. Md. Mahbubey Alam and others…………Respondents Judgment July 20, 2004. The Waqf Ordinance, 1962 ......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....title in northern 36 decimals out of 76 decimals of land of CS plot No.274 appertaining to CS khatian No.86 fully described in the schedule to the plaint. 3. Plaint case, in short, is that being owner in possession one Gour Hari transferred entire 76 decimals of land of said plot No.274 to Juth...... (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Zamini Bala Das..........................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment July 17, 2004. R......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
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