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Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....ipal laws on the subject. 7. First of all, in Article 143 (1) (6) of the Constitution of Bangladesh, it has been proviÂded that there shall vest in the Republic in adÂdition to any other land or property lawfully vested in it, "all lands, minerals and other things of value underlying the oceans......980) 194 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
.... Ahmed Siddiqui, Mutwalli Waqf Estate of Reazuddin Ahmed Siddiqui, Ctg. ...Respondents Judgment Feb. 11, 1980. The Income Tax Act, 1928 (Act IX of 1928), Section 4 (3)(i). The income of a property held under trust wholly for religious or charitable purposes is exempted from tax, but this......is 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 amount o..Category: Fiscal/Taxation Law | Date: | Hits: 85
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....al he disclaimed it and the court also held that it was not recovered from his possession, Because of this finding the subsequent proseÂcution on this issue is barred but the gold being an unclaimed property vests in the Republic under Article 143 of the Constitution. In the result the appeal is...... March 28, 1980. The Code of Criminal Procedure, 1898 (Act V of 1898), section 403(1). The Constitution of Bangladesh, 1972, Article 143. Benefit of doubt entitles an accused to acquittal and as such this finding of fact even if erroneous is conclusive since it was not challenged in appe..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....06 of the Transfer of Property Act. This section is a species of a rider to the princiÂple section which is section 105, and which defines what a lease is, section 105 says that a lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implie......upreme Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J KM Subhan J Abdus Sattar & others................Appellants. Vs. Suresh Chandra Das & others………….Respondents Judgment May 2, 1978. Result: The appeal ..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....ection 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 decree. The plaintiffs' case is that the defendant obsÂtructed t............Appellant Vs. Abdul Latif Sardar………Respondent Judgment February 5, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Order IX, rule 13 It is by practicing deceit and fraud that the decree was obtained and when such fraud and deceit is established, a decree has n..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)
....n the interpretation of section 4(b) of the Bengal Agricultural Income Tax Act. The reÂlevant part of the section as it stands may be set out: “(4b) any agricultural income derived from property held under trust or other legal obligation wholly for religious or charitable purposes an......ppeals. Vs. Mehdi Ali Khan Panni ...................................Respondent in all the appeals Judgment. August 18, 1978 Interpretation of taxing Statutes- Doctrine of Laissez Faire and welfare economy. In interpreting a taxing statute a conÂtroversy often arises and learn..Category: Trust/Waqf Law | Date: | Hits: 239
Bangladesh CheÂmical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)
....dustrial EnterÂprises (Nationalisation) Order (President's Order No. 27 of 1972) and the Respondent was an employee of the Karim Rubber Industries Lid. The said undertaking was declared an abandoned property and was placed under the management and control of the CorporaÂtion. The respondent was an......LR (AD) (1980) 133 ..Category: Employment/Service Law | Date: | Hits: 70
Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)
....neous Appeal abated as a whole and is under question. 2. Facts for disposal of this appeal are that the respondent brought a suit for declarÂation of title and recovery of possession of a certain property. The suit contested by different sets of defendants was decreed by the trial Court. The app...... @ Hapan Tudu & ors………….....Appellant. Vs. Munshi Abul Khair ……....Respondent Judgment April 7, 1979. The Code of Civil Procedure, 1908 (Act V of 1908), Order XLI, rules 4 and 33. The defendant-apÂpellants who were not dead could carry the appeal to its conclusion, an..Category: Property Law | Date: | Hits: 73
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
.... of compensation is in clause (b). It may be set out: "Section 93A. (b) (i). Where no such agreement can be reached, the Deputy Commissioner shall assess a compenÂsation for the immovable property having regard to the provisions of sections 23, 24 and 24A, as modified by section 81 of ...... Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM Subhan, J Badrul Haider Chowdhury, J Bangladesh...............Appellant. Vs. Abdur Rashid and others..........Respondents Judgment August 9, 1979. The Town Improvement Act, 1953 (X..Category: Others | Date: | Hits: 86
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....ion given to "a tenant having land contiguous to the land tranÂsferred'' is to some extent akin to the proÂvision of pre-emption as allowed under the Mohamadan Law to "owners of adjoining immovable property", known as Shafi-i-jar. According to the learned Counsel the learned Judges of the High Cou......Supreme Court Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam, J Badrul Haider J Chowdhury, J Ahmed Hossain & ors............Appellants. Vs. Basharat Ali and ors............. Respondents Judgment 29 June, 1978 The State Acquisition and Tenancy ..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....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 ......e Division (Civil) Present: Kemaluddin Hossain, C.J., Ruhul Islam, J., K. M. Subhan, J. Badrul Haider Chowdhury J. Md. Shahidul Haque ...Appellant. Vs. Mst. Rahiman Bibi and another....Respondent Judgment April 26, 1979. After passing of the decree or the fina..Category: Tenancy Law | Date: | Hits: 69
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....ondents Judgment             Nov. 21, 1978. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 ......9 ..Category: Trust/Waqf Law | Date: | Hits: 196
Abul Khair Miah beÂing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....en of proof is on the Enemy Property Authority to establish that the predecessors of the vendors migrated to India earlier to the Enemy Property Law came into operation in 1965, to establish that the property is enemy property. Having failed to discharge the burden of proof of declaring the property...... Appellate Division (Civil) Present: Kemaluddin Hossain C.J. Ruhul Islam, J J. K M. Subhan, J. Badrul Haider Chowdhury, J. Abul Khair Miah beÂing dead his heirs: Abul Kashem and ors. …..Appellants. Vs. Bangladesh and others……………………………………â..Category: Property Law | Date: | Hits: 58
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......haraj Mohesur Singh Vs. The Bengal Government, 7 MIA 283; Shoonath Vs. Remnath, 10 MIA 413; Pichu Ayyangar Vs. Perarulala Ramanuja Joer Seamigal, ILR 1940 Mad 901. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by SM 11uq, Advocate-on-Record–For the Appella..Category: Others | Date: | Hits: 119
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....he crime. In due course all these four accused were sent up for trial which was held by a Magistrate, Second Class, on a common charge of theft against all and a further charge for receiving stolen property against accused Shafi. They pleaded not guilty to the charges. The learned Magistrate, on ......upreme Court Appellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J. Mofazzal Hossain Mollah and others .........................Accused-Appellants Vs. State ......................Category: Criminal Law | Date: | Hits: 44
Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)
....ly. The appellant filed an application before the Subordinate Judge for appointment of a receiver which was allowed and receiver was appointed, who took over charge and also possession of the suit property from the receiver appointed by the criminal Court. The respondent filed an application bef...... Present: Fazle Munim J Ruhul Islam J KM Subhan J. Jogendra Kumar Dutta ........................Appellant Vs. Nur Mohammad and others................Respondent Judgment June 15th, 1978. Cases Referred ..Category: Civil Law | Date: | Hits: 112
Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)
....though he was alive till then. 4. The question raised in this appeal can be answered by applying the test whether the right of pre‑emption is a personal right or it is attached to the property under pre-emption. 5. Section 96 provides right of pre‑emption to the coR......993) 171 ..Category: Property Law | Date: | Hits: 54
Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)
....ing an appeal from the trial Court's Judgment and decree, passed in Tide Suit No. 69 of 1981. 2. This suit was tried analogously with Title Suit No. 339 of 1981. Both the suits related to a property which was claimed by respondent, Government of Bangladesh, as an abandoned property a......Afzal J Mustafa Kamal J Latifur Rahman J Suruzzamal ..................................Petitioner Vs. Bangladesh represented by Secretary, Ministry of Public Works and Urban Development and another...............................Respondents Judgment ..Category: Property Law | Date: | Hits: 101
New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)
....t No. 8 on 2.6.90 and as respondent No. 8 was already in possession of the premises of the company no formal delivery was necessary. 5. Dr. Hossain questioned the authority of the Bank to sell the property by private negotiation when the Bank had already called public tender and the last date for......ivision (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd……………….Petitioner Vs. Bangladesh Shilpa Bank and others ..........................Respondents Judgment February 16, 1993. Lawyers Invol..Category: Banking Law | Date: | Hits: 142
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
....erred the house to Md. Khalil Miah for a consideration of Taka 6,000.00 and mutated his name with the Relief Department of the Government. Thereafter on 22.3.1979 Md. Khalil Miah transferred the property to Shahida Begum for consideration of Tk. 8,000.00 who in turn again sold the house to Md....... J Mustafa Kamal J Latifur Rahman J. Haji Sk Md. Lutfur Rahman ……………..Appellant Vs. Chairman, Court of Settlement, Bangladesh Abandoned Buildings and another............ Respondents Judgment January 21st, 1993. ..Category: Property Law | Date: | Hits: 63
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