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Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ......tion 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts of the case, so far necessary for disposal of this appeal, are that the respondent filed an application for pre-emption of a land sold to the appellant by his co-sharer, and obtained an ex parte order dated 7 March. 1975 all..Category: Civil Law | Date: | Hits: 82
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
.... 7. In the result, therefore, this appeal is allowed. And the Judgement of the High Court Division are set aside and the writ petition is dismissed. There will be no order as to cost. Ed. ......fulfilling a social or pubic as opposed to a merely individual need. 5. The Privy Council in Pettit’s case repelled the contention that there cannot be a public purpose in taking land if that land when taken is not in some way or other made available to the public at large. ..Category: Property Law | Date: | Hits: 65
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ...... expressed require no revision, except that it should be construed the way I have tried to explain. It would not be out of place to mention some decisions from the sub-continent, America and England to see how far an order of a military court has been interfered with in those jurisdictions. ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ...... is in the following terms: "The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any part in England or Wales, in any ship, for damage done to the goods or any part thereof by the negligence or mi..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....ated 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 legal effect. Ed. ......r could not be treated as part of the same and taken over by the Government. Since his purchase from one Haridas Datta in 1951 the appellant had been possessing and enjoying the land with structures thereon. He renovated, extended and modernised the existing shop and constr..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ......der Wealth Tax rule 8(9)," Rule 8 provides for the valuation of assets other than cash. Rule 8(3) deals with Land and buildings. "Land and buildings.—The value of lands and buildings shall be estimated with the due regard to the nature and size of the property,..Category: Fiscal/Taxation Law | Date: | Hits: 78
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....urt of Subordinate Judge, Second Court, Sylhet by the trial Court. The appeal is disposed of in the aforesaid terms. Ed. This Case is also Reported in: 1982 BLD (AD) 25. ......in drawing up the proceedings under section 145 of the Code of Criminal Procedure, when a civil suit is pending between the parties, which could give relief to the persons in possession of the land by an order of injunction. Facts are that a civil suit was filed, being Title Sui..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......) 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 O..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......ted that she asked her father how Nurjahan got the Park Street property. At this he said that he purchased that property for Nurjahan D.W. Wazidur Rahman, brother of the defendant, stated that the land at 207A, Park Street Road was purchased by the defendant Nurjahan from Nasiruddin. The purchas..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)
....ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ......d with the Government some time in April, 1974. In the meantime some small construction, though not a complete structure, was made, and the appellants tried to transfer part of the land for which they sought permission from the government which, however, was not finalised a..Category: Property Law | Date: | Hits: 53
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......bsp; MH Rahman J.- The appellants filed Title suit No. 52 of 1970 in the Court of Subordinate Judge, Second Court, Sylhet for a declaration of their jote right in the suit land. On transfer to the First Court of Additional Subordinate Judge, Sylhet that suit was renumbe..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ......ed in the FIR and the charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the afor..Category: Criminal Law | Date: | Hits: 51
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ......cumstances of the case. Specific performance was refused on the ground of hardship of the respondent. if solatium or compensation' is paid only in consideration of the present market value of the land, then the purpose of refusing specific performance on the ground of hardship will be defeated. ..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ......re 346. These were both cases which dealt with customs recorded in the Riwaj-e-Azm. In both it was held that unless there is a clear statement to the contrary the Riwaj-e-Azm refers only to ancestral land. There is, in principle, no difference between a Riwaj-e-Azm and a Majibul Arz, except this, th..Category: Civil Law | Date: | Hits: 117
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......um of Rs. 62,265/- and odd on the basis of an equitable mortgage on deposit of title deeds. 2. The case of the plaintiff is that the defendant No. 2, M. Sekandar Ahmed, who is a contractor and a land owner, approached the plaintiff bank and wanted financial help by way of overdraft arrangement ..Category: Banking Law | Date: | Hits: 230
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......and, as such, the plaintiff is entitled to a declaration of title on the basis of adverse possession. 2. The plaintiff filed the suit for declaration of title to the suit land by purchase or adverse possession and further that the order dated 6-2-1989 of the Additional ..Category: Property Law | Date: | Hits: 53
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... 2. The facts of the case, in short, are that one Yakub Ali, maternal grandfather of respondent No.1. Halima Khatun, made a Waqf-e-Lillah, respect of three kanis, ten gondas and two karants of land by a registered Waqfnama on 30 Ashar 1324 BS for the maintenance of a mosque which he establis..Category: Trust/Waqf Law | Date: | Hits: 209
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......e respective appellant (pre-emptees) in the respective appeals in respect of the transfer that took place on 27th July, 1978. 2. Pre-emptor’s case, in short is that the land sought to be pre-empted and the land they purchased on 25 March, 1974 along with other land be..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......98 discharging the Rule. 2. The short fact leading to this petition is that the opposite party No.1 preemptor filed Miscellaneous Case No. 8 of 1998 for pre-emption of the case land under section 24 of the Non-Agricultural Tenancy Act in the court of the Subordinate Judge, P..Category: Property Law | Date: | Hits: 49
.... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......hereof were refugees, was registered in 1951 for the welfare of its members, the Mohazir, by way of providing residential accommodation and in 1952 the Society applied to the Government for allotting lands for the construction of residential accommodation of the Mohazir Members of the Society and th..
Category: Property Law | Date: | Hits: 54
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