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Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)

.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......06 of the Transfer of Property Act. This section is a species of a rider to the princi­ple 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..

Category: Tenancy Law | Date: | Hits: 67

Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)

....965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ......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 obs­tructed t..

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)

....y order as to costs. ORDER OF THE COURT According to the majority view the app­eals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......n the interpretation of section 4(b) of the Bengal Agricultural Income Tax Act. The re­levant 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..

Category: Trust/Waqf Law | Date: | Hits: 239

Bangladesh Che­mical Industries Corporation and anr Vs. Sk. Abdur Rashid , 1980, 9 CLC (AD)

....ustries Ltd Looked at from any stand-point the case of the appellants does not stand and therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 133 ......dustrial Enter­prises (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 Corpora­tion. The respondent was an..

Category: Employment/Service Law | Date: | Hits: 70

Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)

....e of the appeal in terms of the earlier order of remand passed by the High Court Division. Let the matter be disposed of expeditiously. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 96 ......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 declar­ation 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..

Category: Property Law | Date: | Hits: 73

Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)

....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ...... 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 compen­sation for the immovable property having regard to the provisions of sections 23, 24 and 24A, as modified by section 81 of ..

Category: Others | Date: | Hits: 86

Cherag Ali and others Vs. State and anothers, 1980, 9 CLC (AD)

....er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ......er of the Magistrate dated February 27, 1975 is quashed. The case should proceed in accordance with law and the observations made above. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 71 ..

Category: Criminal Law | Date: | Hits: 48

Azizul Molla Vs. Taher Ali Sarder and others, 1980, 9 CLC (AD)

....the resolution. The notice details the charges against him and directs him to show cause orally or in writing in that meeting called on 20.9.77. 11. The meeting was held on 20.9.77 at 2 P. M.  as scheduled  and was presided over by one of the signatory-members of the said notice dated 7.9.77. I...... without any lawful authority and the order passed by the Prescribed Authority in conse­quence of the resolution is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 65 ..

Category: Employment/Service Law | Date: | Hits: 108

Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)

....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......ion given to "a tenant having land contiguous to the land tran­sferred'' is to some extent akin to the pro­vision 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..

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 ......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 ..

Category: Tenancy Law | Date: | Hits: 69

Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)

....rst schedule land of the plaint if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 39 ......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 ..

Category: Trust/Waqf Law | Date: | Hits: 196

Abul Khair Miah be­ing dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)

....vision is set aside and the impugned order of the Enemy Property authority is de­clared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......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..

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 ......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 ..

Category: Others | Date: | Hits: 119

Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)

....peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ......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 ..

Category: Criminal Law | Date: | Hits: 44

Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)

.... the learned Counsel, Mr. Syed Ishtiaq Ahmed. 13. The appeal, therefore, is allowed without any order as to costs, Ed. This case is also reported in: 45 DLR (AD) (1993) 173 ......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..

Category: Civil Law | Date: | Hits: 112

Inu Mia and others Vs. Mokhlesur Rahman and others, 1993, 22 CLC (AD)

....ion of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 171 ......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..

Category: Property Law | Date: | Hits: 54

Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)

....up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ......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..

Category: Property Law | Date: | Hits: 101

Abu Yousuf Vs. Bangladesh and others, 1993, 22 CLC (AD)

....in spite of its conversion to a Public Limited Company respondent No. 1 retained its character as a Public Corporation as all its shares belonged to the Government and it was managed as one of the scheduled industries un the Public Corporation (Management Co‑ordination) Ordinance 1986 and ......n when in its Company Court the liquidation proceeding itself is pending for disposal. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 162 ..

Category: Business or Commercial Law | Date: | Hits: 104

New Ideal Engineering Works Ltd Vs. Bangladesh Shilpa Bank and others, 1993, 22 CLC (AD)

....t Division which amounts to withholding of material facts and is a further instance of unclean conduct. The petition is dismissed. Ed. This Case is also Reported in: 45 DLR (AD) (1993) 138. ......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..

Category: Banking Law | Date: | Hits: 142

Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)

.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......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...

Category: Property Law | Date: | Hits: 63