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Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....ment which requires to be compulsorily registered under the law, but he further says if such power of attorney empowers a person to execute a deed of sale of any kind of transfer or sale of immovable property that power of attorney requires registration under the law, The latter proposition has no f......w, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
....a question which ha been agitated for about a century in the superior Courts of the SubÂcontinent and conflicting opinions have been expressed as to the nature of an application for restitution of a property in pursuance of an adverse appellate decree. For proper appreÂciation of this question rel......n: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....etitions before the Deputy Commissioner, Dacca and the Relief Commissioner, Government of East Pakistan stating that they did not file any application for permission for sale of immovable property and if any such application had been filed it should be rejected. The sale-deed was presen......t Appellate Division (Civil) Present: FKMA Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Ful Chand Das and others......................Appellants Vs. Mohammad Hammad and others&..Category: Property Law | Date: | Hits: 75
M/s. Everett OriÂent Lines Inc. Vs. Commissioner of Income Tax Ctg Zone, Ctg, 1982, 11 CLC (AD)
.... Act, such profits or gains shall be computed after making the following allowance, namely; (vi) in respect of depreciation of such buildings, machinery, plant, or furniture being the property of the assessee, a sum equivalent where the assets are ships other than ships ordinaril...... Advocate-on-Record—For the Appellant. Mahmudur Rahman, Advocate -instructed by Md. Sajjadul Huq, Advocate-on-Record — For the Respondent. Civil Appeal Nos. 129 of 1980 and 130 of 1980. On appeal from the judgment and order dated 23-6-1980 pa..Category: Fiscal/Taxation Law | Date: | Hits: 114
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....ious institutions, called 'Muts' under the Orissa Hindu Religious Endowment Act, 1951. The affected Mohantas challenged the Scheme by a Writ Petition inÂtending that the Scheme interfered with their property-right guaranteed by the Constitution and ultimately got a favourable judgment dated 16 May,......¦â€¦â€¦â€¦... Appellant Vs. Burhanuddin Ahmed………………………….. Respondent (In Civil Appeal No. 124 of 1981) Judgment March 10, 1982. Result: Civil Appeal Nos. 73 and 124 of 1981 are dismissed. Cases Referred To- Dr. Nurul Islam Vs. Govt. of Bangladesh (1..Category: Constitutional Law | Date: | Hits: 188
Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
.....10.1965. Exhibit C of the judgment belies his stand. Moreover, no cogent' evidence was given to show that the plaintiff paid any consideration for the kabala Exhibit 1(b) by which he purchased the property from Jainab Bibi. On the other hand, Exhibit B series .shows that the defendant had b......: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Rajan Miah, being dead his heirs Shamsun Nahar Khanam and others...............Appellants Vs Abdur Rashid and another……&h..Category: Property Law | Date: | Hits: 47
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ...... instructed by Santiranjan Karmaker, Advocate-on-Record.— For the Appellant. Syed Sakhawat Ali, Advocate-on-Record. — For the Respondent. Civil Appeal No. 139 of 1981. From the judgment and Decree dated June 25, 1981 passed by the High Court Division in First Appeal No. 122 of 1976. ..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....tion may be stated thus: The appellant brought the suit for setting aside the deed of perpetual lease executed on 21.2.56 and the deed of sale of the rent receiving interest of the lease hold property executed contemporaneously by Meher Afzan Bibi, mother of the appellant in favour of ...... J Badrul Haider Chowdhury J Rokeya Khatun………………………….... Appellant. Vs Alijan @ Alijan Bepari and ors………...Respondents Judgment November 10, 1981. Cas..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....f the Judge." 12. The learned Council mentioned that in the neighbouring country of India in 1971 the Naval and Aircraft Prize Act, enacted by the Indian Parliament provided that by property or money which are condemned by the Prize Court shall be the exclusive property of th......ent : F.K.M.A. Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs, Government of Bangladesh………………..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
.... argue why the broad principle of restitution as provided in section 144 should not be applicable in the case of reversal of an erroneous order by which a person had been deprived possession of his property, in a civil proceeding which ends with an order having the force of a decree. 5. In......h;For the Appellant. Shaukat Ali Khan, Advocate, instructed by A. Baset Majumder, Advocate-on-Record—For the Respondent. Civil Appeal No. 111 of 1981 (From the judgment and order dated 7.7.1981 passed by the High Court Division in Civil Revision No. 1034 of 1980). ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....e appellate authority, shall send the proceedings, service book or roll and confidential report of the appellant, together with a covering letter. Only relevant papers shall be sent and they shall be property flagged for referÂence. 53. Regulation 884 provides that the Inspector-General or the ......iplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehteshamuddin Ahmed Vs. State (1981) 33 DLR (AD) 154; Harinagar Sugar Mills Vs. Shyam Sundar,..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....ing accommodation to a public officer where absence of such accommodation would impair the efficiency of public service is a public purpose (HF. Pettit vs Secretary of State) A.I.R 1914 P.C 21 but property requisitioned from the Government Servant for accommodation of another Government servant......il) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh, represented by the Deputy Commissioner, Dacca and another............Appellant Vs Winifred Rubi & ors………..Category: Property Law | Date: | Hits: 65
Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)
....ad; (b) he refuses to perform or becomes disabled from performing his functions; or (c) he is guilty of misconduct or is responsible for any loss or misapplication of money or property of the Parishad. Explanation.- In this sub-section, "misconduct" me......r Chowdhury J Shahabuddin Ahmed J Md. Habibur Rahman & ors………………………. Appellants Vs. Hasen Ali Mondal and others…………………... Respondents Judgment ..Category: Employment/Service Law | Date: | Hits: 100
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....land or on water, in direct connection with the operation of the vessel; (iv) claims against the owner, based on tort and not capable of being based on contract, in respect of loss of or damage to property occurring, whether on land or on water, in direct connecÂtion with the operation of the ve......im J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And Delta International Traders Ltd and others..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....tively in Mouza 9,4 Palaspole, P.S. Satkhira, District Khulna and the structures thereon, namely, two-storied buildings with shops situated on the ground floor of one of the buildings, the said property being outside the hat and bazar has been made without any lawful authority and as of no l...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Deser Ali ………..................................Appellant Vs. Bangladesh and ors……………………………&hell..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... view that it is a kind of trade as contemplated in the definition of a business in section 2(4) of the Income Tax Act. The Wealth Tax Officer and the Appellate Commissioner took the view that the property of the assessee company should be assessed under rule 8(3) and not as business. The Income......pellant. Rafiqul Haq, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate on Record.—For the Respondents, Civil Appeal No. 71 of 1981 (On appeal from the judgment and order 10.6.80 passed by the High Court Division in Application No. 155 of 1972.) ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e, profits and gains shall be chargeable to income tax in the manner hereinafter appearing, namely,— (i) Salaries (ii) Interest on securities (iii) Income from property (iv) Profits and gains of business, profession or vocation (v) ...... 172; Nawab Habibullah V. Com. of I. T, Bengal AIR 1943 (PC) 20; Md. Isa V. Com. I. T. C & U, Prov. AIR 1942 (All) 194; I. T. Com Vs. EVH. Miller PLD 1956 (Lah) 45; Hamilton Vs Commissioner, Inland Revenue '6 Tax Cases 221; Cape Brandy Syndicate vs. I.R. (1921) 1KB 54; H. L. Canadian Eagle Oi..Category: Fiscal/Taxation Law | Date: | Hits: 75
Ramesh Chandra Dutta Vs. Nimai Kumar Dutta and ors, 1982, 11 CLC (AD)
....bmitted that this Division while following the case of Randhi Appalaswami vs. Randhi Surjanarayanmurti, 52 C, W. N. (P. C.) 505, has stated the proposition of law relating to proof of joint family property in a way which requires a review. It is to be observed that the Privy Council has said tha......h is dismissed. Ed. ..Category: Property Law | Date: | Hits: 65
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....s No. 207A, Park Street, Calcutta was purchased by her with her own money. Her husband (plaintiff) used to look after her affairs. The plaintiff had no money at that time to purchase the property. Premises No. 25. 23A and 23B, Dum Dum Road, Calcutta were the paternal houses of the defe......uddin Ahmed J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant..Category: Property Law | Date: | Hits: 448
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....he lease in terms of one of its clauses will not by the mere fact of the cancellation of lease deed on the breach of a covenant for re-entry authorise the lessor to take forcible possession of the property from the lessee, without recourse to a court of law, if the lessee does not voluntarily s...... (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Mrs. Husna Mansur and others......................................Appellants Vs. Secretary, Ministry of ..Category: Property Law | Date: | Hits: 53
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