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Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
.... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ...... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ..Category: Property Law | Date: | Hits: 73
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....e same Judge. However, departure from this practice has caused no prejudice to the appellant. 13. In the result, we do not find anything to interfere. The appeal is dismissed. Ed. ......it he had instituted two criminal proceedings against Idris Fakir. In that case, if the deceased had gone there to dispossess him the appellant could have exercised his right of private defence of property. This right extends to the causing of any hurt except death of the aggressor. But it is no..Category: Criminal Law | Date: | Hits: 69
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ...... 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..Category: Fiscal/Taxation Law | Date: | Hits: 92
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
...., the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ...... 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 ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......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..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ......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..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ...... 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..Category: Property Law | Date: | Hits: 77
Hussain Mohammad Ershad Vs. The State, 1992, 21 CLC (AD)
....smissed. Stay granted by this Court on 26.1.92 is vacated. No observation in the interlocutory proceedings binds the trial Court on the merit of the case. Ed. This Case is also Reported in: ......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 ..Category: Anti-Corruption Laws | Date: | Hits: 88
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ......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..Category: Fiscal/Taxation Law | Date: | Hits: 84
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... the Supreme Court which exercises the judicial power of the State. I concur again with the decision of my learned brother, MH Rahman J. Ed. This Case is also Reported in: 44 DLR (AD) 111. ......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..Category: Administrative Law | Date: | Hits: 203
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ...... 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..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
....f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ......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..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......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..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ......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 ..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ......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..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
....e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ......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..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......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..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ......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..Category: Property Law | Date: | Hits: 70
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ......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..Category: Property Law | Date: | Hits: 56
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......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..Category: Property Law | Date: | Hits: 64
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