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Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
.... lessee rejected these objections and stuck to its assessment contending that for the exemption, as claimed, a "certificate" from a gazetted officer of the appellants' Department that the property is government property and that "it is intended for use for official purpose only&quo......Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Latifur Rahman J Secretary, Ministry of Food, Food Division, Government of Bangladesh, Dhaka and others .......... Appellants. Vs. M/s. MF Limited, a Private company limite..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
.... suit for simple partition. 2. The case, of the plaintiffs, inter alia, was that Jinnat Ali, predecessor of the plaintiff respondent Nos. 1 and 2 and others was 16 annas owner of suit property No. 1 measuring 1.46 acres recorded in CS Khatian No. 236 and owner of 15 gondas share of ......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Joynal Abedin and others…………….. Defendant‑Appellants Vs. ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....was correctly determined by the appellate Court consequently, the suit is not barred by limitation under Article 142 of the Limitation Act. Article 142 speaks of recovery of possession of immovable property when the plaintiff while in possession of the property has been dispossessed within 12 ye......ahman J Musa Ali ..................Appellant Vs. Nur Ahmed and others...................Respondents Judgment November 25, 1990 Lawyers I..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....t No. 1 is a Buddhist and a widow of Thanchanio Talukder who died on the 30th March 1971 at Dhaka. She is governed by Burmese Buddhist Law according to which only the and others widow succeeds to the property of her deceased husband. The defendant‑appellants are the full brothers, of the plaintiff......ourt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chanjury Talukder and another .................................Appellants. Vs. Chingneshay Magni a..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
.... 2. Leave to appeal was granted to consider the submission that the finding was bad in law and on fact. 3. Plaintiff claims 1/3rd share which comes to 4.30 acres out of the partible property measuring 12.91 acres as described in the different schedules annexed to the plaint. Plain...... MH Rahman J ATM Afzal J Mustafa Kamal J Jogendra Nath alias Govinda Sarker ..........Plaintiff‑Appellant. Vs. Amulya Chandra Sarker and others ..........Defendant‑Respondents. Judgment A..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....as framed under section 5(1) (c) (e) of the Prevention of Corruption Act, 1947 (Act II of 1947). It has been alleged, inter alia, that the petitioner had been in possession of pecuniary resources and property worth Tk. 2,21,65,238.47 which was disproportionate to his known sources of income, that ...... Deputy Attorney‑ General with him) instructed by Sharifuddin Chakladar, Advocate‑on‑Record ‑For the Respondent. Criminal Petition for Leave to Appeal No. 8 of 1992. (From the Judgment and Order dated 21.1.1992 passed by the High Court Division, Dhaka in Criminal Revision No. 120 of 1..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
....usiness but also the rationalization of its administration and modernization of its machinery; it may include measures for the preservation of the business and for the protection of its assets and property from expropriation, coercive process or assertion of hostile title; it may also comprehend......n, Senior Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate‑on‑Record‑ For the Respondent. Civil Appeal No. 31 of 1988 (From the Judgment and order dated 28.4.85 and 29.4.85 passed by the High Court Division, Chittagong Bench in Applica..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....persons in the service of the republic, including the matters provided for in Part IX and the award of penalties or punishments; (b) the acquisition, administration management and disposal of any property vested in or managed by the Government by or under any law including the operation and mana...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mujibur Rahman (Md)……………………………………. Appellant Vs. Government of Bangladesh and others……….. Respondents (In Civil Appeal No. 35 of 1987) Nazmul Hasan and others .......Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
.... and without lawful authority and that the plaintiff’s service under the appellant still exists. It was his case that after liberation Pakistan National Oils Ltd. was declared as an abandoned property and it was being managed by a Management Board under the name and style of Jamuna Oil Com...... Supreme Court Appellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Jamuna Oil Company Limited and another................Appellants Vs. SK Dey and another............................Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....e plaintiff. It was stated in the plaint that the decree was obtained by playing fraud upon the Court. No summons of the said Title Suit No. 305 of 1983 was ever served upon the plaintiff. The suit property is an abandoned one and has been under the control, management and supervision of the pla......ellip;……………………………………………………Appellant Vs. Chand Mia and others ..............................................................Respondents J..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....nd in excess of 10 standard bighas. 2. The Government, appellant before us, contested the suit asserting, inter alia, that Krishna Lai Kundu was the real auction‑purchaser of the suit property and not a benamder, that the so‑called deed of release was in fact a deed of transf...... Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgment August 7, 1991 Cases Referred to- Abdul Gafur Sardar and ors. Vs. Wazedali Talukder and another, 19 DLR 33 (37); Mt. Goday Koowur Vs. Mt. Ladoo, 13 Moo..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....to the Fourth Court renumbered as above praying for a declaration that the decree dated 20.9.72 passed in Title Suit No. 35 of 1971 by the Subordinate Judge, 3rd Court Dhaka, in respect of the suit property is void and not binding on the plaintiff, that the kabala dated 23.2.73 obtained through ......t Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sahera Khatun and another............................Defendant‑Appellant. Vs. Anwara Khatun an..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....a mortgage or an out and out sale namely, (i) the existence of debt, (ii) the period of repayment‑ a short period being indicative of a sale and a long period of a mortgage; (iii) possession of the property, the continuance of the grantor in possession indicating a mortgage; (iv) existence of othe......R (AD) (1992) 83. ..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....TS 48 of 1971) was defendant No. 6. The suit land being the same, the two suits, OC Suit No. 109/70 and TS 48/71, were heard analogously and disposed of by one judgment. 3. Admittedly the disputed property originally belonged to one Ananta Bandhu Sen. According to the plaintiff of OC Suit No. 109......(Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Korban Ali Talukder @ Korap Ali Talukder................Defendant ‑Appellant Vs. Abdul Jalil Sarkar and others…………….....Plaintiff‑Respondents Judgment June 6, 1991. Result: The..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....he learned Additional Attorney‑General and Mr. Nurullah, learned counsel for the appellants in CA 23/91 have, however, contended that the bill of lading merely represents the goods but the right of property in the goods depends upon the transaction between the parties independent of the bill of la......preme Court Appellate Division (Civil) Present: H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh....................Appellant. Vs. Anis and Co. and others....................Respondents (In Civil Appeal No. 22 of 1991) Abu Taleb alia..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....his right of pre‑emption. Challenging this decision he took leave from us and filed these two appeals, in which the only question is whether he, by his act or conduct, acquiesced in the sale of the property in question or waived his right to pre‑empt the sale. 2. Appellant is brother's son of......late Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazaruddin ..... Pre‑emptor‑Appellant. (In both the appeals) Vs. Maijuddin and others…. Pre‑emptee’s ‑Respondents (In Civil Appeal No. 52 of 1989). Md Serajuddin an..Category: Property Law | Date: | Hits: 70
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....ording to the plaintiff the suit land appertained to patta No.3 and through successive devolution by purchase and sale Keramat acquired 10 annas interest and Rahamatullah got 6 annas in the entire property and that there was an amicable partition between Karamatullah and Rahamatullah and the sui...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Fazar Ali....................Plaintiff‑Petitioner Vs. Sikandar Ali ....................Defendant‑Respondent Judgment June 12, 1991 ..Category: Property Law | Date: | Hits: 56
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
....nbsp; MH Rahman J.- On 7th December, 1991, appellant instituted Title Suit No.874 of 1979 in the First Court of Subordinate Judge, Dhaka for specific performance of a contract for exchange of property. The suit was decreed ex parte on 15th February, 1980. For setting aside that decree resp....... Mela Ram & Sons Vs. Commissioner of Income Tax Punjab, AIR 1956 (SC) 367; Banwarilal Bhoid Vs. Neelkantham AIR 1965‑Orissa 102, Jagat Jamani Dibi Vs. Jyotsna Basu AIR 1978 Calcutta 392 and Surinder Kaur Vs. Mohinder Bahadur Singh AIR 1978 HP 27. Lawyers Involved: Khondka..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....the warrant of the District magistrate of the area in which the persons under sentence may be found, as if the sentence were passed by him; (m) every sentence of fine or confiscation of property passed in any case at any time before the commencing day by a Special Martial Law Court o...... Latifur Rahman J Nasrin Kader Siddiqui................ Appellant Vs. Bangladesh and others………….. Respondents &n..Category: Constitutional Law | Date: | Hits: 365
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
.... tenant also includes a person continuing in possession after the termination of the tenancy. Right in such tenancy is ordinarily heritable, though this right is limited “to enjoy” and occupy the property only and the tenant is liable to be ejected. A tenancy from month to month is a lease as co......1. ..Category: Tenancy Law | Date: | Hits: 97
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