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Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
....d rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plai......n………………………………….. Respondents Judgment September 8, 1985. Result: The appeal is allowed. The Municipal Administration Ordinance, 1960 (X of 1960), section 38 and rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....leave to appeal in the erstwhile Supreme Court of Pakistan which granted the leave prayed for. 2. The plaintiff instituted the suit claiming to have taken a permanent lease of the suit property by registered deed from-one Modhusudan Saha for a consideration of Rs. 12,000/- on th......rder as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Badal Rani Misra alias Badal Rani Goswami and others Vs. Bangladesh and others, 1975, 4 CLC (AD)
....732, 733 and 734 belonging to Harilal Goswami and his co-sharer was requisitioned in L. A. Case No. 91 of 1962-63 for the purpose of D.I.T. staff quarters as additional lands under the Requisition of property Act and that plot No. 694 along with other lands were shown in the notice issued under sect......der as to cost. Ed. ..Category: Property Law | Date: | Hits: 48
Saokat Ali and others Vs. Shamsun Bibi and others, 1975, 4 CLC (AD)
.... respect of the self-same land purporting to be of sale in favour of Shahar Ali, who also died during the pendency of the second appeal, for a consideration of Rs. 2000/- reciting therein that the property had already been transferred to the defendant Haji Abdur Rahman for a sum of Rs. 700/- sub...... ..Category: Property Law | Date: | Hits: 47
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....nemy Property Management Board was without lawful authority and of no legal effect. Under the aforesaid notification it was directed that Messrs Indo Pak Pharmaceutical Works Ltd., being an enemy property, all properties and assets of the said firm as mentioned in the schedule of the said notifi...... no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 125
Adam Ali Sardar and others Vs. The State and another, 1975, 4 CLC (AD)
....ny likelihood of a breach of the peace in regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute, he may, if he thinks fit and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court appoint a receiver th......eported in: 27 DLR (AD) (1975) 37. ..Category: Criminal Law | Date: | Hits: 49
Jamdhar Khan Vs. The State, 1975, 4 CLC (AD)
.... of a public servant who commits the offence of criminal misconduct which are mentioned in Clauses (a) to (d) of sub-section (1) thereof. An act of dishonestly or fraudulently misappropriating any property entrusted to a public servant constitutes an offence of criminal misconduct under cla...... by B. Hossain, Advocate-on-Record.—For the Petitioner. Not represented—the Respondent. Petition for Special Leave to Appeal No. 30-D 1971. (From the judgment and order of the High Court of East Pakistan dated 13th July, 1971 in Criminal Appeal No. 541 of 196..Category: Criminal Law | Date: | Hits: 44
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....case was that Maleka was murdered by some one else and not by the prisoner and that the probability of Habi Durani having committed the murder of Maleka due to the quarrel over their ancestral property could hardly be ruled out. The fact that Habi had come to the house of Yasin with his son ......sp; Cases Referred to- Khadim Vs. The Crown, P.L.D. 1954 Lahore 69; Abdul Gani Vs. The State, 19, DLR. Dacca 388; The State Vs. Puma Chandra Mondal 22 DLR. Dac. 280. Lawyers involved: Abdur Rashed, Advocate— For ..Category: Criminal Law | Date: | Hits: 66
Shamsuddin Ahmed @ Tofa Mia & others Vs. Abdul Latif Bhuiyan, 1981, 10 CLC (AD)
.... of Munsif at Brahmanbaria for pre-emption under the Mohammedan Law against the appellants stating, inter alias, that one Jonah Ali Daroga owner for the suit plots in tenure right sold half of the property to the respondent and other half to Nishikanto Chowdhury who sold the same to Zahurul......;……………………………………Appellants Vs. Abdul Latif Bhuiyan, being dead, his heirs: Asia Khatun and ors……………..Respondents Judgment Feb. 26.1981.&..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....ersion on her death. Defendant No. 2, it is alleged, by collusion and fraud, obtained a deed of perpetual lease dated December 16, 1952 from defendant No. 1 in respect of the entire property including the minor plaintiffs' shares. But as there was no legal necessity for tra......d. ..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
.... 2. Appellant Abdur Rouf filed an application under section 24 of the Non-Agricultural Tenancy Act in the Third Court of the Sub-ordinate Judge Dacca. His case was that the 'A schedule property originally belonged to one Samru Goala in whose name C.S. record stood on February 28......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J And Badrul Haider Chowdhury J Md. Abdur Rouf and others…………………….Appellants Vs. ..Category: Property Law | Date: | Hits: 47
Bangladesh Freedom Fighters Welfare Trust Vs. Burhanuddin Chowdhury, 1981, 10 CLC (AD)
.... dismiss the respondent on the allegation of misconduct and as such was passed malafide. 4. The appellants obtained leave to appeal for consideration whether an employee of an abandoned property, whose services are regulated by any rules framed by the Organisation can maintain an.................................Respondent Judgment June 11, 1979. Lawyers Involved: Syed Amirul Islam, Advocate, Faruque Ahmed, Advocate with him instructed by B.C. Panday, Advocate-on-Record.—For the Appellant. Kazi Shahadat Hossain, Advocate.—F..Category: Employment/Service Law | Date: | Hits: 112
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....he suit land. In the plaint the plaintiffs prayed for the following reliefs: (i) For a decree against the defendants declaring the plaintiff's sole right, title and interest in the suit property; (ii) For a decree against the defendants entitling and declaring the plaintiffs t...... (Civil) Present: F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Baitul Aman Co-operative Housing Society Ltd. and another.....................Appellant Vs. Muhammad Shamsur Rahman and others&hell..Category: Property Law | Date: | Hits: 60
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
.... in the facts and circumstances of the case the respondent, as a Khadem, could be substituted under Order 22, role 10 of the Code of Civil Procedure in place of the deceased plaintiff when the property is not wakf property. 6. Mr. Ahmad Sobban, the learned Counsel appearing for the d......ondker, Senior Advocate A.K.M. Shafiqur Rahman with him instructed by Md. Aftab Hossain, Advocate-an-Record,—For the Respondent. Civil Appeal No. 48 of 1979. (From the judgment and order dated 25-5-78 passed by the High Court Division in Civil Revision No. 152 of 1980.) ..Category: Civil Law | Date: | Hits: 91
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....hether the Will is duly executed and if there is evidence to this effect the court will grant the probate. It is not the concern of the probate court to decide whether the testator had title to the property or whether he had any authority to otherwise deal with the property…………..(6) ...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Sreemati Charubala Sen Gupta, being read her substituted legatee. Sree Paresh Chandra Deb Gupta………………………………………………………….Appellant Vs. ..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....quitable," it would strike down such law if it is discriminatory in its effect. In holding that the impugned provisions of the Travancore-Cochin Land Tax Act, 1955 which subjected the same class of property similarly situated to an incident of taxation which resulted in inequality, the Court obs......uhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dr. Nurul Islam………………………..Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Health and Population Control and others…………………………………………Respondent Judg..Category: Employment/Service Law | Date: | Hits: 180
Musharraf Hossain Chy Vs. GM, Titas Gas Transmission & Dist. Co. Ltd. & ors., 1981, 10 CLC (AD)
....government under section 4 of this Order leads to government control over the management and direction of its affairs. Other relevant provisions which went to establish such control over an abandoned property may be seen in sections 5,6,8,9, 13 and 21 of the Order. 14. Still the question remains ......stribution Co. Ltd. & ors...........Respondent And A.K.M. Ayub Ali..............................................................Appellant (In C.A. 65 of 1980). vs. Eastern Refinery Ltd. and others.....................................................Respondent Judgment June 12, 19..Category: Employment/Service Law | Date: | Hits: 104
Goutam Ranjan Sen and other Vs. Bangladesh and others, 1981, 10 CLC (AD)
....t Division were correct in dismissing the suit brought by the predecessor of the appellant for the grant of Letters of Administration on the ground that the properly in question being an enemy property the suit was incompetent. Facts are not long, nor are they in dispute. The property in res......; Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Goutam Ranjan Sen and other............... Appellant Vs. Bangladesh and others………&h..Category: Property Law | Date: | Hits: 39
Nani Gopal Saha Vs. Jatindra Lal Chowdhury and others, 1981, 10 CLC (AD)
....4), (6) or (7) the Arbitration Court, in the case of an order passed by it, or the Thana Magistrate in the case of an order passed by it or by the Tribunal, shall cause the possession of the property concerned to be delivered to the applicant by evicting the unauthorised occupan...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Nani Gopal Saha ..............................................................Appellant Vs. Jatindra Lal Chowdhury and others....................................Respondents Judgment December 11, 1980...Category: Constitutional Law | Date: | Hits: 153
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ...... The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte decree and the Court passes necessary orders on the application directing the applicant either to deposit t..Category: Procedural Law | Date: | Hits: 147