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Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ...... This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....Comilla Bench, were right in holding that the amendment of the petition sought by the pre-emptor-petitioner making a new claim for pre-emption on the basis of contiguous ownership of the disputed lands would prejudicially affect the respondent as it would alter the nature and character of the ...... aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..Category: Procedural Law | Date: | Hits: 84
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....24 of 1988 and upholding the judgment and decree of the lower appellate Court. 2. The matter arises out of an acquisition proceeding of 1959-60 requisitioning and then acquiring large areas of land in mouza Khilgaon, presently within P.S. Motijjheel, for the Railway Board. Plaintiff-respond......rsonal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ..Category: Property Law | Date: | Hits: 38
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....the heading 'Motijheel Commercial Area' shall not be declared to have been passed without lawful authority and be of no legal effect. 3. The appellant suited in her petition that she purchased the land measuring .70 acres with a two-storiyed residential house at holding No. 10/1 Toyenbee Circular......ase is also Reported in: 42 DLR (AD) (1990) 86. ......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
.... 1st Court, Dhaka. Later it was transferred to the Court of Munsif, Gazipur and it was renumbered as Pre-emption Miscellaneous Case No. 109 of 1983. Pre-emption was sought with regard to .70 acres of land out of 3.22 acres and the pre-emptor deposited Taka 4000/- with compensation at the rate of 1......sed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ..Category: Property Law | Date: | Hits: 32
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....such by its order dated 1.6.88. 3. This School was established at the initiative of the local people in 1933 and in order to make it a modern institution, the Government requisitioned 12 bighas of land in 1956 under the provisions of East Bengal (Emergency) Requisition of Property Act, 1948 in L....... for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
....defendant Nos. 1-4 in Other Suit No. 245 of 1984 of the Court of Assistant Judge, Cox's Bazar. The Suit was filed by plaintiff-respondent No. 2 for declaration of title to and partition of the suit land. On the application of the appellants, an Advocate Commissioner was appointed for local inspe...... of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 94
Bangladesh Vs. Abdus Sobhan Talukder (Md.) and another, 1989, 18 CLC (AD)
.... said suit for specific performance of contract in the Second Court of Assistant Judge, Serajganj alleging, inter alia, that defendant No.1 (respondent No. 2 herein) contracted to sell the suit land to him for a consideration of Tk. 999/- and on receipt of the entire consideration executed kab......out any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ......urt Division in the impugned Judgment, therefore, stands. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 63. ..Category: Procedural Law | Date: | Hits: 132
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
....brought this appeal by special leave with a prayer that the criminal proceedings against them, under various sections of the Penal Code including ss. 436 and 148, be quashed on the grounds that the land in question has been in their possession in respect of which a Civil Court had passed temporary......been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ..Category: Criminal Law | Date: | Hits: 39
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
....judicata. 3. Plaintiffs are the appellants. They filed the suit being O.C. Suit No. 136/1965/13/1966 in the Court of Subordinate Judge, 4th Court, Mymensingh for declaration of title to the suit land. Their case in short was that they took lease of the suit land from the Jamindar and relied on ......sed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....er 12, 1988. Result: The Appeal is dismissed. The Code of Civil Procedure, 1908 (v of 1908), Order XX, rule 18 & Order XXVI, rules 13 & 14 There is no necessity of demarcating the land purchased by the defendant Nos. 1 and 2 out of original CS plot beforehand but that demarcation......It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ...... name of defendants 1-3 in S. A. Khatian No .174, Plot No. 1162 and the same record had been confirmed in all subsequent proceedings. 10. Plaintiffs further case is that defendant No. 2 while in ejmali possession of the said S. A. plot No. 1162 with his other co-purchasers, who are his full eld..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....ion of the suit homestead from some co-sharers of the plaintiffs. Their case, in brief, is that the two brothers Hadu Shah and Nadu Shah took lease of southern half of the disputed homestead from the landlords. Subsequently Nadu Shah atone took lease of the northern half. Hadu Shah got 1/4th and Nad......missed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....on with Siraj. Again, Salam had adopted, as son, one Anwarul Islam and allowed him to live in his house so long he was alive, a fact admitted by most of the witnesses. Salam had gifted 3 1/2 kanis of land to Anwarul Islam, and P.W.6 himself admitted that out of 10 kanis of land left by Salam. 3 1/......ismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported 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)
....es to the third person, that such person to whom such premises have been so sub-let then and then only the consequences ensue, namely, on the lawful determination of the interest of the tenant by the landlord the third person, transferee, shall be deemed to be tenant holding directly under the landl...... of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....ely because his settlement has been cancelled. The question will always remain for consideration whether the settlement has been validly cancelled. On appellants own showing he has made a transfer of land apparently before his own settlement was completed. Thus he having parted with the land under p......sed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
...., briefly, are that the plaintiffs filed other Suit No. 24 of 1984 in the Court of Assistant Judge, Boalkhali Upazila, for declaration of their title to and recovery of khash possession of the suit land. The plaintiffs alleged that the disputed land originally belonged to one Jamini Kanta Sen who ...... be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ......s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..Category: Property Law | Date: | Hits: 85
Ashraf Ali Mondal & Others Vs. State, 1987, 16 CLC (AD)
..... The case was started on a complaint petition filed before the Upazila Magistrate, Shibganj on 31.8.86. Complainant-respondent alleged that on 26.8.86 the appellants and others trespassed into his land, damaged paddy by ploughing and on protest committed rioting with fala, knife, etc. and injured......of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08.......sain be released on bail to the satisfaction of the Deputy Commissioner concerned till commencement of trial of Sessions Case No. 6/87. Ed. This case is also reported in: 42 DLR (AD) (1990) 08...Category: Criminal Law | Date: | Hits: 63
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....ode, 1860 (XLV of 1860), section 99 Though victim Afzal was restrained by an order of injunction at the instance 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 de...... the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
....m Miscellaneous Case No.29 of 1976 of the Second Court of Munsif, Noakhali, which was filed by the respondents under section 96 of the State Acquisition and Tenancy Act. They claimed pre-emption of a land transferred by a kabala dated 18 November 1975, by their co-sharer, Opposite Party No. 4 in t......missed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ......t, the appeal is allowed. The order for pre-emption is set aside and the Miscellaneous case is dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 01. ..Category: Property Law | Date: | Hits: 36
.... rule 17 of the Code of Civil Procedure and on the judicial authorities propounding the principle underlying the Rule.
2. Facts are that the plaintiff-respondent, who is the contiguous owner of a land to that of Respondent School Committee, instituted a suit sometime in 1965 praying for permanen......ons of the Courts below. The appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 133.......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...
Category: Property Law | Date: | Hits: 36
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