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Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....ose jurisdiction- (a) the defendant, or each of the defendants where there are more than one, at the time of commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or (b) any of the defendants, where there are more than one, at the t.......57,074/- and other ancillary reliefs. The said suit was decreed in 1990 and the Respondent No. 2 put the decree into execution by initiating Money Execution Case No. 96 of 1991 and got the mortgaged property sold in auction. 3. Thereafter the appellant filed Title Suit No.135 of 1995 in the 5th..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......nd void. Thereafter the suit was transferred to 1st Additional Assistant Judge Court, Dhaka and renumbered as Title Suit No.7 of 1994. 3. The plaintiff-petitioner's case in shot is that the property of 68, Motijheel Commercial Area, Dhaka measuring an area of 7 kathas of land originally b..Category: Property Law | Date: | Hits: 54
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
....f are that plaintiff-appellant filed a suit for ejectment after a notice under section 106 of the Transfer of Property Act, against the tenant-respondent, on the ground of bonafide requirement for personal use and occupation, and also for the default of the tenant in payment of rent. 3. P...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 44
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
.... of the first appellate Court is empowered to question validity of Hate Court and restore that of the trial Court recording abatement of the suit, There will be no order as to costs. Ed. ......t, when no such application was made either before the trial Court or the learned Judge, was necessary and whether the learned Judge was correct in holding that the suit challenging acquisition of property under any of the provisions of the State Acquisition and Tenancy Act could be maintai..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......ed all the three dispositions on various grounds, but the one relevant for our consideration, in that Sujan Bibi was a pardanashin lady, and she was also old and illiterate, and so the disposition of property made by her in favour of her grandsons, defendants 1 and 2 in order to be valid, required t..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255...Category: Property Law | Date: | Hits: 67
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....an likely that such a form of transaction shall fall into disuse in no time". It considered that the right of repurchase is a 'privileges' granted for the benefit of the seller which is essentially personal in character. The President's Orders were considered in the background of previous law, n......was a mere amendment of a grammatical error, Lastly it was contended that the High Court Division had erroneously taken the view that President's Order No. 24 of 1973 affected certain vested right to property which is violative of the fundamental right guaranteed by the Constitution. 3. Before ..Category: Property Law | Date: | Hits: 85
Wahid Ali and ors Vs. State, 1980, 9 CLC (AD)
....e the orders of the High Court and that of the Sessions Judge and direct that the proceedings are to continue in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 229 ......that accused persons who are relations of the Informant have great enmity with the complainant. That is why the accused being armed with gun and other weapons went to murder him and loot away his property. Fortunately corn-pit, escaped but his properties worth Tk. 35,000/- were looted away. In..Category: Criminal Law | Date: | Hits: 33
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 .......O. 16 of 1972 i..e from 28.2.1972 all abandoned properties shall vest in the Government to be dealt under P.O. 16 of 1972. This Order declared properties of certain categories of owners as abandoned property, all these properties coming within the scope of the Order shall vest in the Government on ..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......of three High Courts namely, that of Bombay, Madras and Allahabad. 7. The Bombay High Court in Swamirao Vs. Valentine, A.I.R. 1920 Bombay 12, has held that where in execution of an ex-parte decree property is recovered from the judgment-debtor, the latter is entitled to restitution of the prope..Category: Procedural Law | Date: | Hits: 96
Abdur Rashid Vs. Secretary, Ministry of Cabinet Affairs, Establishment Div & ors, 1980, 9 CLC (AD)
....ellant was given sufficient opportunity to show cause against the charges levelled against him and he duly showed cause appearing before the Board, examined witnesses in support of his case and was personally heard by the Board. On this finding the Rule was discharged. 4. Syed Ishtiaq Ahmed, th......ce. 17. Article 6 of the President's Order No. 67 of 1972 provides that the Screening Board may recommend any of the following punishments:— (i) Removal from service with forfeiture of property in full or part: Provided that forfeiture of property may only be recommended in case ..Category: Employment/Service Law | Date: | Hits: 70
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....e foregoing reasons, the appeals are allowed with costs. The order of the High Court Division is set aside and the writs are re-called. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 194 ......ipal laws on the subject. 7. First of all, in Article 143 (1) (6) of the Constitution of Bangladesh, it has been provided that there shall vest in the Republic in addition to any other land or property lawfully vested in it, "all lands, minerals and other things of value underlying the oceans..Category: Admiralty Law or Maritime Law | Date: | Hits: 246
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ...... Ahmed Siddiqui, Mutwalli Waqf Estate of Reazuddin Ahmed Siddiqui, Ctg. ...Respondents Judgment Feb. 11, 1980. The Income Tax Act, 1928 (Act IX of 1928), Section 4 (3)(i). The income of a property held under trust wholly for religious or charitable purposes is exempted from tax, but this..Category: Fiscal/Taxation Law | Date: | Hits: 85
Gopinath Ghose Vs. State, 1980, 9 CLC (AD)
....of the Constitution. In the result the appeal is allowed, the impugned proceeding is quashed and the gold is escheated to the State. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 177 ......al he disclaimed it and the court also held that it was not recovered from his possession, Because of this finding the subsequent prosecution on this issue is barred but the gold being an unclaimed property vests in the Republic under Article 143 of the Constitution. In the result the appeal is..Category: Criminal Law | Date: | Hits: 42
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....he appeal is allowed. The Small Causes Courts Act, 1887 (Act IX of 1887), section 25. The Transfer of Property Act, 1882 (Act IV of 1882), sections 105, 106. The right of occupation remains personal with the tenant. The right being personal it ceases with the death of either party. So on t......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)
....ose or for spiritual welfare no doubt is religious, but the broad context in which the word has been used will include any religious dedication on any denomination. A valid religious dedication under personal law of assessee which satisfies the general meaning of the Act will also be considered reli......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
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