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Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....ver the same to WAPDA which was willing to purchase the same. In the circumstances the assessee agreed to hand over its assets to WAPDA at aforesaid value." 6. The Tribunal considered that the property of the assessee company "was not acquired under the law of Acquisition". Then the Tribunal ......in the year in which the sale, exchange, or acquisition, as the case may be, took place". Thus by a deeming clause the amount of compensation after computation of the difference between original cost and written down value "shall be deemed to be profit of the previous year." The tax shall be payable..Category: Fiscal/Taxation Law | Date: | Hits: 80
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....inistry of Land Administration and Land Reforms. After a detailed discussion of facts and law involved in the matter, he came to the view that there had been no legal or valid acquisition of the suit property as no notice under section 5(1a) and 5(3) were served. Upon the Minister's order an opinion...... J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, being dead his heirs and successors: Fazle Karim and others.......... Plaintiff-Respondents Judgment November 26, ..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....stain the ultimate order refusing to interfere with the impugned notification. It appears that there is not a shred of paper to show that the government ever took possession of the house as abandoned property at any time and as to actual possession, the respondents have not brought any material to c......hahabuddin Ahmed J MH Rahman J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors.......…………………………….Respondents Judgment November 1, 1989. Res..Category: Property Law | Date: | Hits: 54
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
...........................................Respondents Judgment February 7, 1989. Result: The Appeal is allowed. The Specific Relief Act, 1877 (I of 1877), section 55 Where the use of property is permissive and not as of right no case is made out for injunction far less a question of......................Respondents Judgment February 7, 1989. Result: The Appeal is allowed. The Specific Relief Act, 1877 (I of 1877), section 55 Where the use of property is permissive and not as of right no case is made out for injunction far less a question of mandatory injunction. ..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....claration that the lease deed dated 24.2.86 executed by the Siddheswari Boys High School Managing Committee in favour of Messers Business Resources Ltd. for construction of a Super Market in the suit property belonging to the school as illegal and void. The suit was under Order 1, rule 8 of the Code......s also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
....y the appellants only. Their case, inter alia, is that defendant No. 1 left for India in the last part of March 1964, that he never possessed the suit land, that the suit land was duly declared enemy property and they took lease of the same from the Assistant Custodian, Pabna. It was asserted that t......rt Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Bangladesh, represented by the Deputy Commissioner, Pabna and others...........Appellants Vs. Abdus Sobhan Talukder (Md.) and another....................Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....t the land in question has been in their possession in respect of which a Civil Court had passed temporary injunction against the complainant and that they exercised their right of private defence of property. The learned Judges of the High Court Division rejected these grounds and refused to quas......lso reported in: 42 DLR (AD) (1990) 62. ..Category: Criminal Law | Date: | Hits: 39
Hara Kumar Kapali alias Bepari Vs. Sreemati Sundari Kapali and others, 1989, 19 CLC (AD)
....Barisal Bench, in Civil Revision No. 785 of 1982.) Judgment Shahabuddin Ahmed J.-Plaintiff-petitioner is a reversioner under the Hindu Law. His suit challenging the alienation by a widow of the property left by her late husband has been dismissed by the appellate Court on setting aside the tri......er Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Hara Kumar Kapali alias Bepari........................................Plaintiff-Petitioner Vs Sreemati Sundari Kapali and others............................Defendants-Respondents Judgment June 6, 1989. Resul..Category: Family Law | Date: | Hits: 157
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....ion, Dhaka by the impugned Judgment and decree dated 22 March 1984 modified the decree of the trial Court by holding that "the plaintiff do get a saham of .1062-1/2 acre of land out of "A" schedule property on partition by metes and bounds". 4. Now there is no controversy as to the issues and......also reported in: 42 DLR (AD) (1990) 55. ..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....pellants Vs. Juma Sha and others.......................................................Respondents Judgment June 21, 1989. The Partition Act, 1893 (IV of 1893), section 4 The suit property never lost its character of an undivided homestead because there had admittedly been no par......o reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....he defendant in Title Suit No. 9 of 1981 of the Second Court of Subordinate Judge, Mymensingh. That suit was instituted by the respondent for specific performance of contract for sale of the suit property. By filing a written statement the appellant denied that there was any contract for the sal......ellant Vs Nurul Huq (Md.)............................Respondent Judgment April 12, 1989. The Code of Civil Procedure, 1908 (V of 1908) Order IX, rule 13 After considering the facts and circumstances of the case the court found some substance in the contentions of the appellant and..Category: Property Law | Date: | Hits: 38
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....oper and the accused may take any pleas including inconsistent pleas. Such as, he may plead alibi and at the same time he may take the plea of exercising his right of private defence of life or property. And for such inconsistent pleas, his defence will not be affected. Even if both such ple......ported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....ary exactly to determine. But it may be safely taken that the word "transfer" is used in law in the most generic signification, comprehending all the species of contract which pass real rights in property from one person to another." (13 ALL 432 relevant page 476). And then the transferee o...... Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Begum Motia Akhtar Khanam.................................Plaintiff-Appellant Vs. Shawkat Ara and Others...............................Defendant-Respondents Judgement June 11, 1989. Re..Category: Criminal Law | Date: | Hits: 47
Kawsarul Alam, S/o. late Haji Monsur Ali and ors. Vs. State, 1990, 19 CLC (AD)
....s Bench Division, page 439. 5. As to the first part of the submission of the learned counsel we do not for a moment doubt the soundness thereof. In an offence of theft there must be removal of the property out of the possession of another with intention to take dishonestly. In the present case wh......3 ..Category: Criminal Law | Date: | Hits: 44
Arfan Ali alias Arfan Ali Khan and others Vs. State, 1990, 19 CLC (AD)
....at the offences described in these two sections are not contemplated in section 403(1). Under these sections a person may be charged with theft or criminal misappropriation or with receiving stolen property or with all of them on the same fact, and if he has been charged for one of the offences, h......AD) (1990) 22 ..Category: Criminal Law | Date: | Hits: 44
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....fore execution of kabuliyat he was not entitled to an order of injunction. 7. The High Court Division relied upon some decisions in which it has been said that a person in wrongful possession of property is not entitled to be protected against the lawful owner by an order of injunction and th...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Belayet Hossain.......................Plaintiff-Appellant Vs Nurul Alam Mir and ors....................Defendant-Respondents Judgment June 18, 1989. Temporary injunct..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....half was appointed, and the court guardian submitted a report after corresponding with the natural guardian and perusal of the record that the minor respondents had no subsisting interest in the suit property and as such there was no necessity of contesting the appeal and though appointment of court...... Though in the suit no court guardian was appointed on behalf of the minor proforma defendants against whom no relief was claimed, at the appellate stage court guardian on their behalf was appointed, and the court guardian submitted a report after corresponding with the natural guardian and perusal ..Category: Property Law | Date: | Hits: 85
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....stance of the appellant Mir Ali but he violated the said order by sowing ‘kaun’ in the land and after two months appellant went to plough the land to destroy the crop. Right of private defence of property will not be available to the appellant as he had time to have recourse to the protection of......se is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
....avoided. We, therefore, do not find any reason to interfere with the decisions of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......ate, with Maksudur Rahman, Advocate, instructed by S.M. Huq, Advocate-on-Record - For respondent No.1.
Respondents No.2-4 - Not Represented.
Civil Appeal No. 54 of 1977
(From the Judgment and Order dated 24-6-74 passed by the High Court Division in Civil Order No.470 of 1974).
Judgme..
Category: Property Law | Date: | Hits: 36
Unimarine S. A. Panama Vs. Bangladesh, 1977, 6 CLC (AD)
....e suit an application under Order 38, rule 5 of the Code was filed by the Respondent for attachment of the lighterage vessel "Integrity" before judgment, on the assertion that the Appellants had no property or asset to the knowledge of the Respondent except the said lighterage vessel and that they......d in: 31 DLR (AD) (1979) 112. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 217
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