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Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....e Revenue Officer dated 23. 12. 54 in Misc. Case No. 2 of the R. O. S. Court, Barisal anullity. Their case in short in that Keamuddin Sardar predecessor of the plaintiffs created a Wakf of the suit property by a Wakfnama of 28. 12. 1891. The plaintiff No. 1 is managing the Wakf property as Mutwal......................Appellant. Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Ho..Category: Others | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......as to costs in this appeal. Ed. ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... and also for an injunction restraining the appellant and others from enforcing the requisition and/or acquisition and disturbing thereby the possession of Respondents No. 1 and 2 in the property in suit. 3. After the service of the notices of the suit the appellant, namely, Dac...... Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Dacca Improvement Trust…………….Appellant. Vs. Waliullah and others……………....Respondents Judgment January ..Category: Procedural Law | Date: | Hits: 99
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
.... Pakistan, now Bangladesh. In accordance with the terms of the agreement the appellant was vested with the power of general management of the managed Company's business transactions as well as property affairs in consideration of a commission at the rate of 2 ½ % of the gross pro....... 14, 1976. Cases Referred to: Messers Octavius Steel Company Ltd. Vs. The Commissioner of Income-tax, Dacca reported in 12 DLR (SC) 121 same case in PLD 1960 SC 371; Octavious Steel and Company Ltd. Vs. The Commissioner of Income-tax, Dacca, 12 DLR (SC) 121 same case PLD 160 SC 3..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
.... of the land and as such they cannot be convicted." 7. This Division pointed out that the bonafide character of the claim of right shall have to be ascertained with reference to the property which is the subject-matter of the alleged offence and in the instant case it was the padd...... Present: Ahsanuddin Choudhury, J. D. C. Bhattacharya, J. Fazle Munim, J. Abul Hossain & ors………...Petitioners. Vs. The State and anr………...Respondents. Judgment April 6, 1976. Lawyer..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....ial Area. M/S. A. T. J. Industries Ltd. 158, Tejgaon, Industrial Area, Dacca......" Representation was made to the Government for the release of the Company as it cannot be treated an abandoned property because all the shareholders were Bangladeshi nationals. The Government was pleased to rele......d. This Case is also Reported in: 28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....e as she was not a party to the pre-emption proceeding and (ii) that in the absence of a finding that Respondent No. 1 Ashrafun Nessa was claiming in good faith to be in possession of the property on her own account, the execution case should not have been dismissed. Leave was granted ......Supreme Court Appellate Division (Civil) Present: AM Sayem CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Ne..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
.... Second Appeal, setting aside an appellate judgment of reversal and dismissing a suit brought by the appellant for declaration of title and recovery of possession. 2. Plaintiff's case is that the property in suit which is a residential house in the city of Dacca originally belonged to one Priya ...... Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....ed by Mokhlesur Rahman and that it was for purposes for which Wakf could be made but it was of the view that the Wakf was never acted upon, as Mokhlesur Rahman continued to deal with the property as if it was his personal property. In any event, the properties, which were sought to be ......Civil) Present: Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Mozaffar Ahmed………...Appellant. Vs. Md. Osman and anr.........Respondents. Judgment &..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
.... Property and for conferring and imposing on the said Custodian, Addl. Custodian, Dy. Custodian, Assistant Custodian such rights duties and responsibilities, as might be prescribed, in respect of the property vested in them. In exercise of the powers under rule 182(1) (b) of Defence of Pakistan Rule...... also Reported In: 28 DLR (AD) (1976) 65. ..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....ecurity deposited in court, observed in the majority, giving a very clear exposition of S. 60 of the Code. The relevant passage may be quoted: "When either immoveable or moveable property is offered as security, the proprietary interest of the surety is not automatic...... Appellate Division (Civil) Present: A. M. Sayem, C. J. Syed A. B. Mahmud Hussain, J. Ahsanuddin Choudhury, J. Kemaluddin Hossain, J. Debesh Chandra Bhattacharya. J. Bangladesh……Appellant. Vs. Mohd. Abd..Category: Civil Law | Date: | Hits: 103
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ause of action for partition arises in favour of the co-sharers suing for partition as against all the remaining co-sharers because every one of them has a substantive interest in every bit of the property which is the subject matter of the said suit. In order to give relief in such a suit, the ...... Appellate Division (Civil) Present: A. M. Sayem CJ S. A. B. Mahmud Hussain J Ahsanuddin Choudhury J Kemaluddin Hossain J Debash Chandra Bhattacharya J Matilal Sikder & ors……... Appellants Vs. ..Category: Property Law | Date: | Hits: 54
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
.... declaration only. The suit was contested on various grounds; one was, that the plaintiff did not acquire a valid title in the certificate sale, and the other was that he was not in possession of the property. 2. The trial court held against the plaintiff in that there was no proper service of ...... result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
.... that as the mention is in a compromise filed in a suit, on the basis of which a decree was passed prior to 1930, when the law was amended so as to require registration if the compromise affected property not the subject matter of suit, it was admissible in evidence without registration, and w......ision (Civil) Present: Ahsanuddin Choudhury J Fazle Munim J KM Subhan J Nuruzzaman Chowdhury…………………………………….Appellant Vs. Asrarul Hoque Chowdhury and others……………...Respondents. Judgement April 7, 1977. Lawyers Involved: Mo..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
....case for stay of the execution in terms of the provisions of sub-rule (3) of rule 5 as has be n mentioned above. Rule 6, sub-rule (2) of Order 41 provides for stay of sale of immovable property in execution of a decree said principle, a proceeding in execution against which an appeal......all, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 61
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....nsider the question whether a share-holder of a private limited company has locus standi to apply under Order 21, rule 90 of the Code of Civil Procedure for setting aside an auction sale of immovable property belonging to the said Company. 2. Respondent No. 3, a private limited Company, was the......s. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....dispossession of Respondent-Company from the plot with its assets and buildings as without lawful authority and of no legal effect, and have directed the restoration of possession of the property to the Respondent-Company. The subject matter is a plot of land No. 158/A-B Te......d. Ed. ..Category: Property Law | Date: | Hits: 57
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ...... this petition which is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....sp; D.C. Bhattacharya J: This appeal by special leave at the instance of one of the plaintiffs of a suit for a declaration of title to and recovery of possession of a certain property is against a judgment of the Chief Justice of Dacca High Court, sitting singly, allowing a......J D. C. Bhattacharya J Fazle Munim J Nurun Nabi Mondal and others………………………..Appellants ..Category: Property Law | Date: | Hits: 59
Mohiuddin Khan and others Vs. Pakistan River Steamer Ltd. and others, 1977, 6 CLC (AD)
....Trade Union has been given, under section 13 of the Trade Union Act, 1965 the status of a juristic person having a perpetual succession with power to acquire and dispose of property and to contract. Chapter III of the Act contains provisions relating to, as the sub-title ......stances of the case there shall be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 138