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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
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....elf, that is, the Town Improvement Act. Section 34 of the Industrial Relations Ordinance provides for enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement. It is nobody's case that the respondent in this case is seeking for enforcement of any '......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ..Category: Labour and Industrial Law | Date: | Hits: 108
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
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
.... collective bargaining agent or any employer or workman may apply to the Labour Court for the enforcement of any right guaranteed or secured to it or him by or under any law or any award or settlement." 13. It will be noticed that the word 'worker' occurs in this section. ......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....khilas; that in Kartick 1376 BS the Government Tahsildar disclosed that the suit land was recorded in the name of defendant No. 2, the Deputy Commissioner, Sylhet, and asked the plaintiffs to take settlement from him. After finding on enquiry that the suit land was wrongly recorded in the name o......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)
....ned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co-accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1......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
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
....eposit by a member of stock exchange As per rule 3(iv) of the Forward Contract Rules all deposits by a member of Karachi Stock Exchange shall be subject to a first lien for payments to be made in settlement of forward transactions. Since the defendant had not done any forward transaction since J...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
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
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
....ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ..Category: Property Law | Date: | Hits: 61
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....3,000—and Defendant USD 3,740—-Claimant is entitled to a refund of USD 1,000 and Defendant USD 1,740— The ICC Accounting Department has been invited to proceed to the settlement of the above contained sums in favour of the parties. The Secretariat here...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....roperty is illegal and inoperative. 3. The appellant instituted the Suit stating, inter alia, that the suit land originally belonged to one Raj Lakshmi Devi, who granted settlement by a registered patta dated 29-4-1903 to one Mohesh Chandra Bhattacharjee; that on the d......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)
....tending inter alia that the land sought to be pre empted originally belonged to Mohiuddin and Ilias Miah came into possession of the land and thereupon land was recorded in his name during the last settlement operation. The pre-emptees denied the claim of the pre-emptors that Kulsuma Bibi and Ra......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
....e defendants from going for construction in new areas but permitted to complete construction of the structure already started. Thereafter, Government started negotiation with the Society for amicable settlement and as negotiation was going the society did not take any step in the suit and consequent......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
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....of land to the plaintiff in January, 1981. Property in item No. 3 was auction sold for arrears of rent and the same was purchased by superior landlord and that thereafter Borodh Kanta Roy obtained settlement of the said property, and he sold 621/2 decimals of land therefrom and delivered possess......an Chandra, Radha Krishna and Sanatan Mistry. Plaintiff is the son of Khosal Chandra whose father was Raj Chandra. 4. Iswar Chandra was the owner of 3.43 ½ acres of land. He died leaving son Balaram died leaving son Narayan Chandra and widow Beloka Sundari. Naraya..Category: Property Law | Date: | Hits: 47
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