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M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
.... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ......56 (S.C.) (India.) 53 the Supreme Court considered the question whether the appellant's claim for a writ of mandamus was tenable. The appellant was the highest bidder and his bid was accepted for the sale of liquor. The 4th respondent did not bid in the auction but went to Excise Commissioner behind...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....and after liberation the appellant brought Title Suit No. 95 of 1975 in the Court of Sub-ordinate Judge, Dacca, impleading the Government of Bangladesh, which was decreed ex-parte on 5-12-77 and in execution a sale deed was registered through Court. Earlier to that on 17-10-77 Martial Law Regulati......siruddin on 13-10-71 entered into a contract to purchase the property with the owner lessee and in part performance of the contract got possession of the premises. The contract was not completed by sale and after liberation the appellant brought Title Suit No. 95 of 1975 in the Court of Sub-ordi......ion the appellant brought Title Suit No. 95 of 1975 in the Court of Sub-ordinate Judge, Dacca, impleading the Government of Bangladesh, which was decreed ex-parte on 5-12-77 and in execution a sale deed was registered through Court. Earlier to that on 17-10-77 Martial Law Regulation No. VII of 197..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....nd others…….....Respondents Judgment March 11, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Section 144 The Small Causes Act, 1887 (IX of 1887), Section 33 No separate execution proceeding is required to enforce the order made under section 144 of the Code of Civil ......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ..Category: Procedural Law | Date: | Hits: 96
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......ut this exemption will not apply to a case where so much of the income as remaining unexpended during the previous year………….(6) "Income applied" meant the income set apart in the wakf deed and not the income actually spent by the Mutwalli…………….(7) The unexpended amo..Category: Fiscal/Taxation Law | Date: | Hits: 85
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ....... Abul Bashar & ors... ………Respondent Judgment Jan. 15, 1980. The State Acquisition of Tenancy Act, 1950 (Act XXVIII of 1951), section 96. Specific Performance of Contract A sale in pursuance of a decree for specific performance of contract is pre-emptable………(3) Cas......f a Court but the decree is for specific performance of contract entered into by the parties. What is done under the decree is that a recalcitrant party to a contract is compelled to execute the sale deed for which he has earlier bargained to sell. That being the position the character of the sale r..Category: Property Law | Date: | Hits: 57
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....respondents for ejectment after termination of tenancy under section 109 of the Transfer of Property Act. The suit was filed on 12-1-66 and it was decreed on 23-2-66 ex-parte. The decree was put into execution immediately and the Process Server went to the suit property on 21-3-66 to execute the dec......965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ..Category: Property Law | Date: | Hits: 69
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......-tax Act, 1944 was taken by the Respondent-assessee, the Mutwalli of a Wakf Estate, Md. Haider Ali Khan Panni of village Karatia P. S. Tangail, District Mymensingh. He created a Wakf-al-al aulad by a deed on 23rd Pous, 1340 B.S. (corresponding to 7th January 1934) and supplemented by another deed ..Category: Trust/Waqf Law | Date: | Hits: 239
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....sdiction and the sentence passed therein is a nullity; and that the trial held by the Martial Law Court being without jurisdiction and the sentence passed therein being a nullity in the eye of law, execution thereof would be violative of the fundamental right guaranteed under Article 32 of the Con......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ......the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ..Category: Criminal Law | Date: | Hits: 294
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....as no logical bearing with the question, nor any legal rule to support. It is to be noted that since there was a lack of provision as to trial procedure or the character of the award or the mode of execution in the Town Improvement Act, 1953 regarding an award made under this special provision, th......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..Category: Others | Date: | Hits: 86
A. Z. Rafique Ahmed Vs. BD Council of Scientific and Industrial Research & ors, 1980, 9 CLC (AD)
....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ..Category: Employment/Service Law | Date: | Hits: 130
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......nd is contiguous to the land transferred, that is to say, it is touching the land transferred. Only then he can maintain his claim………..(10) If more than one plot of land are transferred by a sale deed, a tenant having land contiguous to one of the plots, cannot lay his claim of pre-emption ...... contiguous to the land transferred, that is to say, it is touching the land transferred. Only then he can maintain his claim………..(10) If more than one plot of land are transferred by a sale deed, a tenant having land contiguous to one of the plots, cannot lay his claim of pre-emption beyon..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....n Civil Revision Case No. 891 of 1978) Judgment: K. Hossain, CJ.— In this appeal the short point involved is whether the learned Judges of the High Court Division in granting stay of the execution of the decree for ejectment of monthly tenant for one year exercised his revisio......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ..Category: Tenancy Law | Date: | Hits: 69
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......thority being impleaded. Apart from this, the appellant has asserted his possession in the property and the Government in their affidavit-in-opposition, though have challenged the validity of the sale deeds, yet have admitted that the appellant was in possession after his purchase on 20-8-75. ......ar Nath by a registered Kabala dated 27.10 43. Kamini Kumar Nath was in possession of the property since his purchase. Kamini Kumar mortgaged the property to Nath Bank (Pakistan) Ltd. by a registered deed of mortgage dated 28-12- 44. The Bank filed Mortgage Suit No. 84 of 1954 in the Court of Subord..Category: Property Law | Date: | Hits: 58
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....tended that the successful party in the suit will get the possession of the property in consequence of the Judgment of the civil Court from the receiver; the receiver being an agent of the court no execution proceeding for delivery of possession is necessary. 6. As none appeared for the r...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ...... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ...... 1-8 and respondent No. 52 by a kabala dated March, 14, 1972 and the said Chand Mia was also a co‑sharer of the same jote by purchase. The pre‑emptors' case is that on hearing about the sale after making necessary search in the Sub‑Registrar's office and on taking a certified c......ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......e house of contesting defendant were being used by plaintiff as the westernmost wall of her house. The contesting defendant purchased RS plot No. 798 eleven years ago and his predecessor obtained his deed on 27.4.38. The building of the plaintiffs father was shown as the eastern boundary of the purc..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......y was monthly tenant in respect of the premises in question, carrying on business there and paying rent regularly to its owner Alhaj Md. Ashraf Ali for last 22 years. This landlord, by two registered deeds dated 2 November, 1987, sold away the premises to the Petitioners, Alhaj Mirjahan and Alhaj Md..Category: Tenancy Law | Date: | Hits: 71
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
..... Shamim who had taken loan from Rupali Bank, previously Muslim Commercial Bank, in June 1970 but could not repay the loan. Thereupon the bank filed a Money Suit, obtained a decree and put it into execution in Money Execution Case No. 22 of 1972. The property was then attached and advertisement ......n. Thereupon the bank filed a Money Suit, obtained a decree and put it into execution in Money Execution Case No. 22 of 1972. The property was then attached and advertisement was published for its sale in auction. At this stage, the respondent filed Misc. Case No. 174 of 1974 under Order XXI, ru......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ..Category: Property Law | Date: | Hits: 101
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......to respondent No. 8, a Garment Factory, in violation of the loan agreement and became a defaulter in repayment of the loan to the extent of Tk. 24,94,333.00 as on 31.12.89. The Bank decided to go for sale of the project assets under Article 34 of the Bangladesh Shilpa Bank Order, 1972 for realizatio......t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......the writ petition did not at all apply their judicial minds to this material aspect of the case. 5. Leave was granted for consideration whether on the face of the existence of the registered sale deed dated 21.8.70 by the original lessee in favour of Md. Khalil executed much before the war......ents namely, the kabala and the indenture of lease of agreement and wrongly held that the property was an abandoned property on the basis of mere comparison of the signature appearing in the lease deed with the kabala. It appears that the learned Judges while summarily rejecting the writ petitio..Category: Property Law | Date: | Hits: 63
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