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Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ...... establishment of schools, provision of medical assistance and relief to the distressed persons, erection of mosques and maintenance of places of public worship. The income-producing business was indeed owned by the Trust, and also carried on by the Trust or on behalf of the Trust, but this busin..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......owners did not accept this assessment on the ground that it was very inadequate and brought the matter to the Arbitrator appointed under this Act. Before the Arbitrator the Government produced some sale-deeds of the years 1958-61 in order to show that the average value of similarly situated lands ......s did not accept this assessment on the ground that it was very inadequate and brought the matter to the Arbitrator appointed under this Act. Before the Arbitrator the Government produced some sale-deeds of the years 1958-61 in order to show that the average value of similarly situated lands in th..Category: Property Law | Date: | Hits: 42
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
.... In this appeal by special leave the question is whether the High Court Division was well founded in law and fact in reversing the trial Court's order granting probate of a Will on the ground that execution of the will was not proved to the satisfaction of judicial conscience of the Court e......of P.W. 5, a hand-writing expert. He compared the thumb impressions purportedly of Haricharn on the will with a number of thumb impressions purportedly of Haricharan appearing in two previous sale-deeds, being registered, (Exts. 6 and 7). These sale-deeds recorded transfer of some land.......W. 5, a hand-writing expert. He compared the thumb impressions purportedly of Haricharn on the will with a number of thumb impressions purportedly of Haricharan appearing in two previous sale-deeds, being registered, (Exts. 6 and 7). These sale-deeds recorded transfer of some lands by ..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....holders of the appellant company prior to 1969. 5. The aforesaid suit for foreclosure and sale of the mortgaged properties was decreed ex parte. Decree-holder Sonali Bank put the decree in execution in Title Execution Case No. 46 of 1980. A notice was published in the Bangladesh Times o......t's Order No. 16 of 1972), Article 14 Under section 14(1) any property vested in the Government shall be exempted from all legal process including seizure, distress, ejectment, attachment or sale by any officer of the Court or any other authority and no order of injunction shall lie&helli......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ......to certain qualifications or restrictions which can be imposed in the public interest or for public purpose recognized such right…………….(12) Right to specific performance of contract for sale of any property is a right relating to property. It must, therefore, receive protection in the ......t to him at a consideration of Tk. 1,00,000/-. On payment of Tk. 75,000/- as advance, possession of the premises was given to the appellant. It was agreed that the seller would execute and register a deed of sale within one year on receipt of the balance of the consideration. On his failure to exe..Category: Property Law | Date: | Hits: 38
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ...... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......r residential purposes only, leaving no scope for using any room or part of the premises to be used as a shop or for any other commercial purposes. Secondly, the learned Counsel contends, the lease-deed itself prohibits the use of the premises for any commercial purposes. The previous owner, it ap..Category: Tenancy Law | Date: | Hits: 111
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......y;perty with the defendants by executing a Power of Attorney in favour of the defendant No. 1 in 1953; thereafter, the defendant No. 1 took possession of it and then executed an exchange deed in favour of defendant Nos. 1-3 for the suit land and since then they have been possessing the..Category: Property Law | Date: | Hits: 30
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....that as the holding comprising the lands in question were put to auction for default in the payment of rents and Purna Chandra Sarkar who is a stranger-purchaser auction purchased the same in money execution case, the mortgagor's right to redemption came to an end and the auction purcha......ing gave a usufructuary mortgage thereof to a third person and subsequently, default, having been made in the payment of rent, the landlord obtained a decree and putting up the holding to sale purchased it himself, the usufructuary mortgage by the tenant coupled with the subsequent......of mortgage of the disputed lands which, as described in two schedules, originally belonging to one Abdus Samad who mortgaged the lands to Ananda Charan Barua defendant No. 1, by executing two deeds of usufructuary mortgage on May 29, 1924. Since then defendant No. 1 has been possessing..Category: Property Law | Date: | Hits: 35
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ......find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ...... in 1954 on the allegation that the accused persons, among other things, forged an "Agreement' by which Accused No. 1 was appointed Managing Director of a Private Limited Company, executed a false 'deed of transfer' in respect of certain shares of the Company and also forged the "Minute Book" of t..Category: Criminal Law | Date: | Hits: 79
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No prayer for stay was made even at the Appellate stage. The defendant contested th......longed to two sisters, namely Aziza Bibi and Hazera Bibi in equal shares and while they had been in possession of the same, Hazera Bibi sold her share of the suit land to Aziza Bibi by a registered sale deed dated 24.2.1970 and thus Aziza Bibi became 16 annas owner of the property. The said Aziza......d to two sisters, namely Aziza Bibi and Hazera Bibi in equal shares and while they had been in possession of the same, Hazera Bibi sold her share of the suit land to Aziza Bibi by a registered sale deed dated 24.2.1970 and thus Aziza Bibi became 16 annas owner of the property. The said Aziza Bibi..Category: Property Law | Date: | Hits: 30
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ...... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......xt. 2(c) is genuine and it was executed by Asiruddin and the same could not be registered earlier due to illness and the death of the said Asiruddin and the respondent Mir Mohammad Akand got the said deed registered in his favour. It was also defence case that the kabala Exts. 2 to 2(b) of the compl..Category: Anti-Corruption Laws | Date: | Hits: 112
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....bsp; 21. Keeping this principle in view there is no hesitation for saying that the complainant and the accused persons had, as a matter of fact, entered into a partnership business even before the execution of the partnership deed on 26th April, 1976. Once it is held that it was a partnership bus......g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ...... Enterprise. According to the complainant, he allowed them this facility to work for the purpose of realising his money and according to the defence it was the result of partnership arrangement and deed was executed on 26.4.76. The complainant stated in his petition that the accused petitioner No...Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....ndents Judgment June 2, 1983. The Code of Civil Procedure, 1908 (V of 1908), Section 47. An executing Court becomes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction ......rted in 12 DLR 631, a property was sold in execution of a decree and the purchaser was put into possession of a land. Thereafter an application under section 47 was filed for setting aside the sale taking the ground that the property had been acquired by the Government before the sale took ......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....83. The Civil Procedure Code, 1908 (V of 1908), Section 48 (1) (a) (b) The Limitation Act, 1908 (XI of 1908), Article 182 Twelve years is the highest period of limitation for execution of a decree under clause (a) and (b) of section 48(1) of the Code of Civil Procedure. The......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Civil Law | Date: | Hits: 107
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......sion No. 278 of 1981 which originated from Misc. Case No. 206 of 1977 of the Court of Munsiff, Faridpur. It was filed by respondent No. 1 claiming pre-emption of a land transferred under a registered sale-deed dated 10 June 1975. The land was transferred by respondent No. 2 to 6 to the appellant (pr......No. 278 of 1981 which originated from Misc. Case No. 206 of 1977 of the Court of Munsiff, Faridpur. It was filed by respondent No. 1 claiming pre-emption of a land transferred under a registered sale-deed dated 10 June 1975. The land was transferred by respondent No. 2 to 6 to the appellant (pre-emp..Category: Property Law | Date: | Hits: 122
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......Asrarul Hossain submitted that the evidence of PWs 1 and 2 was discrepant on the point, because, whereas PW 1 said in cross examination that he was introduced (to the defendant) 1/2 days before the sale, PW 2 said that the introduction was made just after the sale. This is not a material contradic......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......nd Sunil from 1976 to 1982 cannot be considered to be a valid document. Not written on a non‑judicial stamp paper of Tk. 200.00 but on demi-papers, without any corroborating evidence from the deed writer DW 3 Jamshed Ali that there were dearth of stamp papers at the relevant Time, such docu..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ......e deed. Naba Dhupi filed a mortgage suit against Mati Miah and the prayer of the other 3 brothers to be added as parties to the suit was not allowed. There was a mortgage decree and in the mortgage sale defendant No. 1 Jobeda, wife of Mati Miah, auction purchased the said properties on 20.21,23. ......ed property Nos. 2 and 4 of 'Ka' schedule and the property of ‘Kha' schedule to one Naba Dhupi, The other brothers were either attesting witnesses or identifiers of Mali Miah in the mortgage deed. Naba Dhupi filed a mortgage suit against Mati Miah and the prayer of the other 3 brothers to ..Category: Property Law | Date: | Hits: 28
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....as void ab initio and thus there was no question of making a false document. 9. Then again admitting that the disputed property is an abandoned property and it vested in the Government, the execution of the impugned sale deeds by the former owner of the property or by any other person in ......intenance) PWD, but the Ministry of Public Works could not deliver possession of the disputed property to the said Syed Altaf Hossain as the appellant field possession thereof on the basis of three sale deeds dated 10.8.85, 14, 8.85 and 17.8.85 which were executed by the aforesaid Abdul Khaleque......09;accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land and left it out to tenants. ..Category: Criminal Law | Date: | Hits: 57
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......t provision of law." We do not find any substance in the appellant' second contention. In their applications under Article 3 of PO 12 of 1972 defendant Nos. 2 and 3 did not deny the sale but they asserted that they had their ancestral homestead in the suit lands and they were co&......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
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