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Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
...." 15. In the case 'Sri Prithi Cotton vs. BB. Municipality AIR 1970 (SC) 192. Validity of the Gujrat Imposition of Taxes by Municipalities Validation Act, 1963 was examined. Assessment of tax on lands and buildings made under the Bombay Municipal and Boroughs Act, 1952 was challenged en ground ...... Burhanuddin Ahmed………………………….. Respondent (In Civil Appeal No. 124 of 1981) Judgment March 10, 1982. Result: Civil Appeal Nos. 73 and 124 of 1981 are dismissed. Cases Referred To- Dr. Nurul Islam Vs. Govt. of Bangladesh (1981) 33 DLR (AD) 201; United Provinc......ospective operation in seeking the revalidity of the earlier law. The infirmity which led to the invalidity of the earlier section has been removed by insertion of the phrase 'public interest’ and that has been made retrospective giving it a retrospective operation. Parliament has further added se......6 S.C. 2250; Tofazzal Hussain V. Prov. of E. Pakistan (1963) 15 DLR (SC) 139; Sudashid Prakush V State of Oiissa AIR 1956 S.C. 432; M/s West Ramnand V. Madras E.D. Co. AIR 1 52 (SC) 1753; State of Mysore V. Acholah Chetty, AIR 1969 (SC) 477; Indira Gandhi V. Rajnarain AIR 1975 (SC) 2299; Hori Singh ..Category: Constitutional Law | Date: | Hits: 188
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
....nsider whether the High Court Division was correct in summary dismissal of the appeal when it was an appeal against the judgment of reversal. 3. Plaintiff's case was that the Khajanchi Bari landlords purchased the disputed land along with other lands from Bibhan Bibi, wife of Syed Abdul H...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Rajan Miah, being dead his heirs Shamsun Nahar Khanam and others...............Appellants Vs Abdur Rashid and another………………………&helli...... Leave was granted to consider whether the High Court Division was correct in summary dismissal of the appeal when it was an appeal against the judgment of reversal. 3. Plaintiff's case was that the Khajanchi Bari landlords purchased the disputed land along with other lands from Bibhan Bi......p;………………………….. Respondents Judgment March 25, 1982. Lawyers Involved: B. Hossain, Advocate on Record.—For the Appellants. B. K. Das, Advocate, instructed by Syed Sakhawat Ali, Advocat..Category: Property Law | Date: | Hits: 47
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....receipt bearing seal and signature of the defendant's firm. Besides, the High Court Division after having concurred with the trial court on the ground of default and requirement of the house by the landlord-appellant for reconstruction dismissed the suit on inconsequential grounds and upon ......ker, Advocate-on-Record.— For the Appellant. Syed Sakhawat Ali, Advocate-on-Record. — For the Respondent. Civil Appeal No. 139 of 1981. From the judgment and Decree dated June 25, 1981 passed by the High Court Division in First Appeal No. 122 of 1976. Judgment: Fazle Munim J.-T......n question. Hence, the appellant brought the suit for ejectment. 3. The suit was contested by the defend and respondent who denied the allegations. It was stated by him in the written statement that he was not a defaulter as the rent due for the month in question was tendered by him but the app...... Hajee Khabiruddin Ahmed…………………Appellant Vs. Md. Salam Kabir…………………………..... Respondent Judgment April 1, 1982. Lawyers Involved: S R. Pal, Senior Advocate, instructed by Santiranjan Karmaker, Advocate-on-Record.— For the Appellant. Syed S..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....e property of the pardanashin woman devolves by operation of law and who in the facts represents her can challenge the legality of disposition. 9. In the instant case the suit land belonged to Haji Hossenuddin, father of the plaintiff Musammat Rokeya Khatoon. Haji Hoss......hellip;………….... Appellant. Vs Alijan @ Alijan Bepari and ors………...Respondents Judgment November 10, 1981. Cases Referred To- Farid un Nesa vs. Mukhtar Ahmed 52 I.A. 342; Ruhalla vs. Hananlli Begumia...... ...... Badrul Haider Chowdhury J Rokeya Khatun………………………….... Appellant. Vs Alijan @ Alijan Bepari and ors………...Respondents Judgment November 10, 1981. Cases ..Category: Property Law | Date: | Hits: 57
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....re a magistrate in the form of complete usufructuary mortgage with maximum period of seven years. Such right of redemption is extended to a sale with a condition of re-conveyance. Any transfer of a land by an out and out sale with a condition for re-conveyance shall be deemed to be a complete usuf......appeal is allowed. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951), Section 95. The maximum period of limitation of mortgage under section 95 of the State Acquisition Act 1950 was 15 years and with amendment by ordinance no. XXI of 1969 maximum period for usufructuary mortgage......f 1964 in the Court of Munsiff, Cox's Bazar for redemption of the suit land which was transferred by him to the defendant-respondent under a registered instrument dated 11 November, 1953. He claimed that the transaction in question was a Kot-mortgage and that the entire consideration for the mortgag......ondent Judgment February 23, 1982. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951), Section 95. The maximum period of limitation of mortgage under section 95 of the State Acquisition Act 1950 was 15 years and with amendment by ordina..Category: Property Law | Date: | Hits: 58
Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
.... question for determination in that appeal by special leave is whether, in a case for pre-emption under Section 96 of the State Acquisition and Tenancy Act, 1950, the pre-emptor, a contiguous land holder, is entitled to preemption of the whole if the land transferred consisting of seven plo......p;………..Appellants Vs. Abdus Sattar and others .......................................................Respondent Judgment March 31, 1982 Cases Referred To- Akhtarun Nesa vs. Habibullah (1979) 31 DLR (AD) 88; Ahmed Hossain vs. Bas......se No 1583 of 1976. Judgment: Shahabuddin Ahmed J.—The question for determination in that appeal by special leave is whether, in a case for pre-emption under Section 96 of the State Ac...... Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haji Tajamal Ali being dead his heirs: Kamarunnesa and ors…………..Appellants Vs. Abdus Sattar and others ............Category: Property Law | Date: | Hits: 66
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
....tion 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts of the case, so far necessary for disposal of this appeal, are that the respondent filed an application for pre-emption of a land sold to the appellant by his co-sharer, and obtained an ex parte order dated 7 March. 1975 all......……... Respondents Judgment Feb. 18, 1982. Lawyers Involved: SM. Zillul Huq Advocate, Supreme Court instructed by Md Aftab Hossain, Advocate on Record.—For the Appellant. Shaukat Ali Khan, Advocate, instructed by A. Baset Majumder, Advocate......e', is applicable to an order in a pre-emption case under section 96 of the State Acquisition and Tenancy Act, 1950. 2. Facts of the case, so far necessary for disposal of this appeal, are that the respondent filed an application for pre-emption of a land sold to the appellant by his co-s......hellip;……... Respondents Judgment Feb. 18, 1982. Lawyers Involved: SM. Zillul Huq Advocate, Supreme Court instructed by Md Aftab Hossain, Advocate on Record.—For the Appellant. Shaukat Ali Khan, Advocate, instructed by A. Baset Majumder, A..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......grieved by an order of a Court or tribunal established under law relating to the disciplined force, he is debarred from invoking the writ jurisdiction unless it is coram non judice or mala fide. Cases Referred To- High Commissioner for India vs. I. M. Lall, AIR 1948 PC 121; Khandker Ehtesham......equested to assist the Court. The Court records the learned and able assistance received from the Senior Advocates. Their arguments have been of great assistance to us. 3. It is to be remembered that all the members in the Police Service have been described as 'Disciplined Force' in the Consti....... Dhirendra Nath Sarkar ……………………………………Respondents (In Civil Appeal No. 126 of 1979). Judgment October 21, 1981. Result: If a member of any disciplined force is aggrieved by an order of a Court or tribunal established under law relating to the disciplin..Category: Constitutional Law | Date: | Hits: 188
Bangladesh Vs. Winifred Rubi & ors., 1982, 11 CLC (AD)
....fulfilling a social or pubic as opposed to a merely individual need. 5. The Privy Council in Pettit’s case repelled the contention that there cannot be a public purpose in taking land if that land when taken is not in some way or other made available to the public at large. ...... Judgment Feb. 24, 1982. Lawyers Involved: K. A, Bakr, Attorney General, A.W. Bhuiyan, Deputy Attorney General, with him, instructed by B. Hossain, Advocate-on-Record—For the Appellants, Rafiqur Rahman, Senior Advocate, Md. Nurul Huq, Advocate-on Re...... Rajballay Saha an ex-teacher of St. Gregory's School approached the Respondent No. 4 and gave a scheme for running the school, which would fetch better income. It is stated by the said Respondent that he believed in good faith and made Saha the Head Master. Though the School started functioning ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh, represented by the Deputy Commissioner, Dacca and another............Appellant Vs Winifred Rubi & ors………………………………...Category: Property Law | Date: | Hits: 65
Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)
.... expressed require no revision, except that it should be construed the way I have tried to explain. It would not be out of place to mention some decisions from the sub-continent, America and England to see how far an order of a military court has been interfered with in those jurisdictions. ......72/81, 73/81, 74/81, 75/81, and 76/81) Vs. Bangladesh and others................................Respondent Judgment September 22, 1981. Result: The petitions are dismissed. Cases Referred to- Khondker Ehteshamuddin alias Iqbal vs. State (1981) 33 DLR (AD) 154; Mask &...... General Court Martial or other such Courts set up under the Army Act, 1952, in the Writ Jurisdiction of the High Court Division under Article 102(5) of the Constitution. 2. It is to be observed that this Division has already in the majority view in the case of Bangladesh Vs. Md. Abdur Rob, 33 D......eptember 22, 1981. Result: The petitions are dismissed. Cases Referred to- Khondker Ehteshamuddin alias Iqbal vs. State (1981) 33 DLR (AD) 154; Mask & Co. 44 CWN 709; Amisminic vs. Foreign C. (Commission) 1969(1) All ER 208; Ex Rel, French vs. Weeks, 259 US 326; R. vs. Secretary ..Category: Constitutional Law | Date: | Hits: 327
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
.... is in the following terms: "The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any part in England or Wales, in any ship, for damage done to the goods or any part thereof by the negligence or mi......nd others……………………. Respondent And Delta International Traders Ltd and others…………………...Appellants (In Civil Appeal No. 38 of 1981). Vs. M.V. Kuan Hai renamed as M. V. Al-Sayer and others……….Respondents Judgment June 25, 1981. Result: Civi...... license had to be used by 31st December, 1977. At last he found the defendant No.3 agreeable to supply salt of North Yemen origin. The contract was concluded between the parties and it was agreed that the defendant would supply 9000 metric tons of salt "white, clean, dry, common, edible fine/ ful...... Judgment June 25, 1981. Result: Civil Appeal No. 15 of 1981 is allowed. Civil Appeal No. 38 of 1981 is dismissed. Cases Referred to- The St. Cloud (1863 LR 2 A & E 269); Napotor (LR 2 A & E 375); North Port Code Vs. Owners of Henrich Bjorn, 1886, Appeal Case Vol. 11 p. 2..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Md. Deser Ali Vs. Bangladesh and ors., 1982, 11 CLC (AD)
....r could not be treated as part of the same and taken over by the Government. Since his purchase from one Haridas Datta in 1951 the appellant had been possessing and enjoying the land with structures thereon. He renovated, extended and modernised the existing shop and constr......ovember 27, 1980 Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, with Zamiruddin Ahmed, and K. Z. Alam, Advocates instructed by Md. Aftab Hossain, Advocate on-Record.—For the Appellant. Abdus Sobhan, Addl. Attorney-General instructed by Zinnur Ahmed, ......suance of Govt Instruction conveyed vide A.D.C. (Rev), Khulna's Memo 2248 dated 17-4-691 am to take formal possession of all buildings, structures and shops, etc, within the area of the hat and bazar and also to fix up the rent. You are, requested to hand over the formal possession ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Md. Deser Ali ………..................................Appellant Vs. Bangladesh and ors………………………………&..Category: Property Law | Date: | Hits: 61
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
....der Wealth Tax rule 8(9)," Rule 8 provides for the valuation of assets other than cash. Rule 8(3) deals with Land and buildings. "Land and buildings.—The value of lands and buildings shall be estimated with the due regard to the nature and size of the property,......p;...Appellant Vs. M/s Free School Street Properties, Ltd…………………….. Respondents Judgment December 2, 1981 Cases Referred To- Karanpura Development Co. V. Commissioner of Income Tax W.B. 1962 I.......nd letting them out on monthly rental for the purpose of earning profit upon which the company declared dividend and distributed it to its share holders. The High Court Division took the view that it is a kind of trade as contemplated in the definition of a business in section 2(4) of the I......Cases Referred To- Karanpura Development Co. V. Commissioner of Income Tax W.B. 1962 I. T.R. 362 ; Karnani Properties Ltd. V. Com. of Income Tax W.B. 1971 I.T.R. 547 : S.G. Mercantile Corporation Ltd. Vs. Com. of Income Tax 1972 I.T.R. 700. Lawyers Involved: A. M. Mahm..Category: Fiscal/Taxation Law | Date: | Hits: 78
Ranabir Purkayastha @ Bhanu Vs. Alekjan Bibi and ors., 1982, 11 CLC (AD)
....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......25. ......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 Suit No 72 of 1975 in the Second Court of Subordinate Judge......am J Badrul Haider Chowdhury J Ranabir Purkayastha @ Bhanu………………………….Appellant Vs. Alekjan Bibi and ors………………………………&..Category: Criminal Law | Date: | Hits: 39
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....) 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......CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Commissioner of Income Tax.........................Appellant Vs. Mrs. Masuda Khatun……………………………......; Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Commissioner of Income Tax.........................Appellant Vs. Mrs. Masuda Khatun……………………………&hellip......921) 1KB 54; H. L. Canadian Eagle Oil Co. vs. King 27 T. C. 205. Lawyers Involved: A.K.M. Mozammel Hoque Bhuiyan with Rabia Bhuiyan, Advocate, instructed by M.R. Khan, Advocate-on-Record,—For the Appellant. Rafique-ul-Hoq, Senior Advocate, with T. Islam and Mostafa Adi..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....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......ip;...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant-appellant and others ......... ...... ........Respondent Judgment Marc...... Court of Subordinate Judge, Dacca in Title Suit No.43 of 1963. 2. Plaintiff Mahmudur Rahman Mullick, since Dead, filed the title suit against the appellant, his wife for declaration that the plaintiff is the real owner of half of the properties described in schedule 'A' and owner o......hellip;...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant-appellant and others ......... ...... ........Respondent Judgment ..Category: Property Law | Date: | Hits: 448
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....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......lip;……………………………………………Respondents Judgment June 17, 1981. Cases Referred To- Bangladesh vs. A. T. J. Industries (1977) 29 DLR 181; D. F. O. South Kher......, Govt of Bangladesh cancelling the lease of Plot No. 701, Road No. 30, Dhanmondi Residential Area, and the question involved is whether the learned Judges of the High Court Division after finding that the order of cancellation was vitiated as being malafide were well founded in law in refu...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Mrs. Husna Mansur and others......................................Appellants Vs. Secretary, Ministry of Public Works and Urban Development, Public Works Division, Govt. of Bangladesh and others &hellip..Category: Property Law | Date: | Hits: 53
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
.... already been published and prepared and as such he does not press the appeal. The appeal is dismissed for non-prosecution." 2. Leave was granted to consider whether non-retainable lands such as hat owned by non-rent receiver stood acquired by virtue of general notification dated......ellip;……………... Appellants. Vs. Govt. of Bangladesh and another..........................Respondent Judgment July 15, 1980. Case Referred to- People's Republic of Bangladesh Vs. Sri Madan Gopal Jew Bigraha (Civil App...... by the Dacca High Court in S.A. No. 1381 of 1962.) Judgment: K. Hossain CJ.- In this appeal a preliminary objection has been raised by the learned Additional Attorney General that the appeal and the suit had abated, in terms of President's Order No. 90 of 1972. The appe......Republic of Bangladesh Vs. Sri Madan Gopal Jew Bigraha (Civil Appeal No. 46 of 1979). Lawyers Involved: Khondker Mahbubuddin Ahmed, Advocate, instructed by A. Rab-II, Advocate-on-Record— For the Appellants. Abdus Sobhan, Additional Attorney General instructed by M. R..Category: Property Law | Date: | Hits: 66
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....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......ditional Attorney‑General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 52 of 1986. (From the judgment and order dated 5th September 1985 passed by the High Court Division, Sy1het Bench in Civil Revision No. 40 of 1983). Judgment: ....... 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 renumbered as Title suit No. 75 of 1973. 2. The plaintiffs' case in brief, is ......gladesh and others...........................Respondents Judgment February 6, 1991 Lawyers Involved: Ranadhir Sen, Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For the Appellants. AW Bhuiyan, Additional Attorney‑General, instructed by M Nowa..Category: Property Law | Date: | Hits: 69
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....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...... Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision No. 149 of 1989). Judgme......heet as already stated above against the appellant and one Md. Abdul Khaleque Bain upon which cognizance was taken. 4. From the facts as disclosed in the FIR and the charge sheet it appears that the prosecution case, briefly, is that the holding at 68, Motijheel Commercial Area comprising...... Vs. The State………………......................Respondent Judgment January 16, 1991. Lawyers Involved: Moksudur Rahman, Senior Advocate (Sultan Ahmed, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-..Category: Criminal Law | Date: | Hits: 51
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