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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. ......f Property Act is heritable upon the death of the tenant. The other question of law involved will be dealt with at its appropriate place. 2. Facts, in brief, are that the appellants as plaintiff landlords instituted a Small Cause Courts suit for ejectment of Respondents. Their case for ejectmen..Category: Tenancy Law | Date: | Hits: 67
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 ......f tax exemption as provided in the first part of clause (b) of section 4. Cases Referred to- Khurram Khan Panni vs. Commissioner of Agricultural Income-tax, 17 DLR (1S65) 286; Commissioner of Inland Revenue vs. Mutual Investment Co. Ltd., (1966) 2 AC 587 at 595; Fazlul Rabbi vs. The State of W..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ...... Judgment June 13, 1978. Mense Profit It has been held by the first appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of damages ..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....hird is acquisition on requisition of land under section 93A (4) (a) of the Act. It is to be noted that for the land acquired under section 79 of the Act the mode of payment of compensation and the settlement of dispute in the assessment of compensation have been elaborately provided in the Act, w...... (From the Judgment and order dated 18th July, 1977 passed by the High Court In F.A. No. 362 of 1969). Judgment: K. Hossain, CJ.— The short question of law involved in this appeal is when land is acquired under section 93 A of the Town Improvement Act and in the absence of Tribunal c..Category: Others | Date: | Hits: 86
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 ................ Respondents Judgment 29 June, 1978 The State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1951), sections 96, 96(5)(b), 96(1) (5)(b). The pre-emptor must show that his land is contiguous to the land transferred, that is to say, it is touching the land transferred. Onl..Category: Property Law | Date: | Hits: 66
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 ......s and has claimed ownership and possession over both of them. With regard to the first he has sought a declaration of his title but with regard to the 2nd schedule he has prayed not only title to the land but for nullification of the enrolment made by the Administrator or Waqfs. The relevant two pra..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 ......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 ..Category: Property Law | Date: | Hits: 58
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......46 P.C. 169; Banoari Lai Sarma and others Vs. Emperor AIR 1943 Cal. 285; Emperor Vs. Banoari Lai and others AIR 1943 F.C. 36; AIR 1952 All 526; Jairam Das Vs. King Emperor; AIR 1945 PC. 18 and 94; Rowlands 8 QBD 530; 12 QBD 79; the State of Bomby Vs. Nilkanth Shripad Bhave and another reported in AI..Category: Criminal Law | Date: | Hits: 66
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 ......rty he had filed an application before the Sub‑divisional Magistrate, Sadar Noakhali, who drew up a proceeding under section 145 of the Code of Criminal Procedure and attached the proceeding land and appointed Circle Officer, Sudharam as receiver of the said land. The Magistrate, having f..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 ......levant for disposal of the appeal, in short, are that the respondents 1-9 filed a pre‑emption case under section 96 of the State Acquisition and Tenancy Act, 1950 for pre‑emption of the land transferred under the kabala dated March 14, 1972 for a consideration of Rs. 5,000.00 which wa..Category: Property Law | Date: | Hits: 54
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ....... 1984 of 1991 dated 11. 11.91, a learned Single Judge of the High Court Division made the Rule absolute, passed an order of status quo restraining the appellant from making any construction over the land in dispute. 2. Respondent No. 1 instituted the aforesaid suit on 11.10.89 for declaration of..Category: Property Law | Date: | Hits: 66
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 ...... 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 ..Category: Property Law | Date: | Hits: 63
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ...... pre‑emption, Miscellancous Case Nos. 14, 15, 18 and 19 of 1973 in the Court of Munsif, Fifth Court, Sadar, Chittagong, on the ground that the vendors without any notice to them sold the case land to the respondent pre-emptee, a stranger to the holding in question. 2. The trial Cour..Category: Property Law | Date: | Hits: 72
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....he appellants although they are continuing in possession. It is difficult to accept the unfounded submission of the learned Advocate because there was no restraint upon the Government in giving usual settlement and realizing rent from the lessees. Mr. Akram, Hossain Amin, learned Advocate‑on-Rec......iff instituted the aforesaidsuit against the Government of Bangladesh (represented by the Deputy Commissioner, Natore) and other officers, respondent Nos. 2-5, for declaration of his fide to the suit land alleging inter alia, that he had obtained pattan of the suit land from its original owner, Shre..Category: Procedural Law | Date: | Hits: 111
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ...... Shahabuddin Ahmed CJ.- In this appeal by special leave the only question is whether the High Court Division is well founded in law in refusing pre-emption in full on a finding that the land of the Pre-emptor, who is a contiguous land-holder, is not wholly contiguous to the land trans..Category: Property Law | Date: | Hits: 72
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......espondents are worse than those noted in Bangladesh Vs. Israil Ali and others 1981 BLD (AD) 371. However, when the High Court Division decided to set aside the ex parte decree after finding that the land in dispute had been acquired long ago and due notification was made in the Gazette, and that th..Category: Limitation Law | Date: | Hits: 271
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ......te to the date of order of detention. However, these principles cannot be applied like litmus papers, used as indicators in an acid test. In a particular matter where the ordinary law of the land is too inadequate for prevention of an act prejudicial to the security or the maintenance of p..Category: Criminal Law | Date: | Hits: 88
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ......Non-Agricultural Tenancy Act which were not placed before this Court while disposing of CP No. 10 of 1974. Section 23 provides that in case of transfer of pre‑emptible non‑agricultural land the pre‑emptor has to file notices together with process fees for service thereof on all..Category: Property Law | Date: | Hits: 85
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ......y his Memo dated October 8, 1989 informed the RAJUK that none of the allottees were affected persons. The subsequent transfer of plot No. 49 to the JPL was made without making any construction on the land, a pre‑condition for transfer of the land allotted by the RAJUK, and the impediment to transf..Category: Anti-Corruption Laws | Date: | Hits: 302
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......, instituted Tide Suit No. 226 of 1980 in the Court of Subordinate Judge. Third Court, Dhaka, for a declaration that he is the irrevocable licensee of his wife, the respondent, in the 'A' schedule land and that he is the real and absolute owner of the three‑storied dwelling house and appur..Category: Property Law | Date: | Hits: 80
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