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Government of the People’s Republic of Bangladesh Vs. Abdur Rahman and others, 2006, 35 CLC (AD)
............Respondents. Judgment November 16, 2005. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982) (Amending Act 20 of 1994), Section 31 A person, whose land was acquired and the Deputy Commissioner awarded compensation for the said acquired land files ........Respondents. Judgment November 16, 2005. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982) (Amending Act 20 of 1994), Section 31 A person, whose land was acquired and the Deputy Commissioner awarded compensation for the said acquired land files a revi...... 1982 (II of 1982) (Amending Act 20 of 1994), Section 31 A person, whose land was acquired and the Deputy Commissioner awarded compensation for the said acquired land files a revision award case. That itself can sufficiently be considered to indicate that the affected person did not accept the aw......isition and Requisition of Immovable Property Ordinance, 1982 (II of 1982) (Amending Act 20 of 1994), Section 31 A person, whose land was acquired and the Deputy Commissioner awarded compensation for the said acquired land files a revision award case. That itself can sufficiently be considered to..Category: Property Law | Date: | Hits: 58
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....ount to the Bank, i.e. plaintiff of the Artha Rin Adalat case and that auction purchasers in the Execution Case No. 96 of 1991 by their purchase have not acquired any right, title and interest in the land belonging to the appellant. 11. The contention of the appellant is that Respondent No.1 Utt...............Appellant. Vs. M/S. Uttara Bank Ltd., represented by its Managing Director and others….…… Respondents Judgment July 31, 2005. Result: The appeal is dismissed. Cases Referred to- Union of India and another vs. Ladulal Jain AIR 1963 SC, 1681. M/s. Anwar and ...... of the Code of Civil Procedure and section 6 of the Artha Rin Adalat Ain, 1990 seeking rejection of the plaint of Title Suit No. 135 of 1995. 2. The genesis of the Title Suit No. 135 of 1995 is that the Respondent No.2 filed Artha Rin Adalat Case No. 55 of 1990/82 of 1982 before the Court of Su......esent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Habibur Rahman.........................Appellant. Vs. M/S. Uttara Bank Ltd., represented by its Managing Director and others….…… Respondents Judgment July 31, 2005. Result: The appeal is dism..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....rt, 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 belonged to the Government of the then East Pakistan; that the Government leased ou......he petition for leave to appeal. Accordingly, it is dismissed. Ed. ......t and decree dated 10-5-1994 passed by the learned Senior Assistant Judge, 1st Additional Court in Title Suit No.7 of 1994 rejecting the plaint. 2. The facts, leading to this petition, are that the plaintiff-petitioners instituted Title suit No.145 of 1992 in the Court of Assistant Judge,...... Syed J.R. Mudassir Husain J Al-haj Mohammad Seraj-ud-Dowla and others.................................Petitioners. Vs. The Secretary, Ministry of works...................................................Respondent. Judgment ..Category: Property Law | Date: | Hits: 54
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
....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. Plaintiff-landlord claimed exclusive ownership of suit premises. He further stated that the original monthly ......e Division (Civil) Present: Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Amar Chandra Saha........Appellant. Vs. Ajit Kumar Das.........Respondents Judgment June 10, 1976. Lawyers Involved: T. Al......cision of a Single Judge of the Dhaka High Court allowing a revision under Small Cause Courts Act and directing a suit for ejectment to be presented in a proper Court. 2. Facts in brief are that plaintiff-appellant filed a suit for ejectment after a notice under section 106 of the Transfe........Appellant. Vs. Ajit Kumar Das.........Respondents Judgment June 10, 1976. Lawyers Involved: T. Ali, Advocate, Instructed by Abdur Rab-II, Advocate-on-Record—For the Appellant M. H. Khandker, instructed by B, C. Panday, Advocate-on-Record&m..Category: Property Law | Date: | Hits: 44
Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)
....whether in terms of section 3 of Act XII of 1967 amending the Ordinance No. XIX of 1959 the appellant acquired the right of renewal of the licence on payment of compensation for the land. 4. Facts in short necessary for disposal pf the appeal are like this: the site of the ......d. ......tingthe application of the appellant for taking lease of the cattle market for the year 1380 B.S. on the basis of licence granted for the previous year. It was contended by the appellant that the application for lease for the year 1380 B.S. was rejected on an erroneous view of the relev......;……………………….Appellant. Vs. Bangladesh, represented by the Secretary, Ministry of Land Administration and Land Reforms and another……………Respondents Judgment July 29...Category: Property Law | Date: | Hits: 93
Jamal Soap Factory, Narayanganj Vs. Commissioner of Income Tax, Dacca Zone, Dacca, 1980, 9 CLC (AD)
....ates to the income for the period 1365 B.S. suffers from want of jurisdiction. In the result, the appeal is allowed and the question is answered in the negative. We make no order as to costs. Ed. ......pellant. Hubibul Islam Bhuiyan, Advocate, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent. Civil Appeal No. 120 of 1978 (From the judgment and order dated April 3, 1975 passed by the High Court Division in Income-tax Reference Case No. 2 of 1969) Judgment Ruhul ......ion: "Whether in the facts and peculiar circumstances of the present case, the Tribunal was justified is not interfering with the action of Income-tax Officer in connection with the income of that branch M/s. Jamal Jute Baling & Co. for the assessment years 1365 and 1366 B.S. while fr......answered in the negative. We make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
People's Republic of Bangladesh Vs. Sri Sri Madan Gopal Jew Bigraha and ors., 1981, 10 CLC (AD)
....n assessment roll had not been made. The plaintiff-respondent filed the suit for declaration of title and for permanent injunction with following prayers:— "(1) that the lands and fisheries described is schedule plaint appertenant to the Plff-Debuttor Estate; ......; Vs. Sri Sri Madan Gopal Jew Bigraha and ors. ...........Respondents. Judgment April 29. 1980. Cases Referred to- Jalil Ahmed vs. The Province of East Pakistan (1967) 19 DLR 106; Tanvir Ah......; K. Hossain CJ.- In this appeal the question is whether the learned Single Judge of the High Court Division was well founded in law in holding that an amendment of a plaint, when no such application was made either before the trial Court or th......sioner, Sylhet and others ..........Appellants. Vs. Sri Sri Madan Gopal Jew Bigraha and ors. ...........Respondents. Judgment April 29. 1980. Cases Referred to- ..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
.... rule to the facts of the case; and whether the rule has been adequately stated in the case of Ayani Dasi vs. Arena Bala Dasi 12 D.L.R. 603. 2. Facts bereft of controversial matters, are that the land in suit belonged to Sujan Bibi. Defendants 1 and 2 are her grandsons from a predeceased daughte......ed Chowdhury & others….....………Appellants Vs. Gani Ahmed and others …………………………..Respondents Judgment. July 18, 1979. The Mohammadan Law Onus in case of Transfer by Pardanashin Lady Special rule of onus of proof will apply in a suit where the......ssed by the High Court in S A. No. 409 of 1965.) Judgment Kemaluddin Hossain CJ.- In this appeal leave was granted to consider a short question of law but of considerable public importance; that the special rule of onus to prove validity of a document executed by a pardanashin and illiterat...... July 18, 1979. The Mohammadan Law Onus in case of Transfer by Pardanashin Lady Special rule of onus of proof will apply in a suit where the executants herself is either the Plaintiff or the Defendant of the suit, being a pardanashin lady. The rule cannot be extended to any other per..Category: Property Law | Date: | Hits: 53
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ers were proceeded on one common ground of validity of some laws which will be mentioned hereafter. 2. Facts of the case in writ petition No. 85 of 1974 are that the respondent No. 1 purchased the land from respondent No. 3 with an agreement to reconvey the said land. The agreement is dated 26.4.......CJ F. K. M. A Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Bangladesh………………………… Appellant in all the appeals Vs. Hail Abdul Gani Biswas and others..................Respondents Judgment March 9, 1980. The State Acquisition an......t be recounted except one as the matters were proceeded on one common ground of validity of some laws which will be mentioned hereafter. 2. Facts of the case in writ petition No. 85 of 1974 are that the respondent No. 1 purchased the land from respondent No. 3 with an agreement to reconvey the ...... 1972 and 24 of 1973 are all valid legislations, effecting necessary amendment in the E.B.S.A. and T. Act and those laws cannot be challenged on the ground of ultra-virus. Any transfer of the holding or a part thereof by an out and out sale with an agreement of re-conveyance on valuable consideratio..Category: Property Law | Date: | Hits: 85
Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)
....nt municipal 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 th......ruddin Ahmed, Advocate, instructed by S. M. Huq, Advocate-on-Record—For the Respondents in all the appeals. Civil Appeal Nos. 82, 83 & 84 of 1979. (From the Judgment and order dated 15-3-79 passed by the High Court Division in writ petition Nos. 673, 674 and 850 of 1977). Judgment: ......territorial waters of Bangladesh and consequent order passed by the Customs authorities. The question is whether they were captured within the territorial waters of Bangladesh. 2. Facts are that the Bangladesh Navy captured three Thai Fishing Trawlers and they were handed over by the Navy t...... 194 ..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 ......ax 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 exemption will not apply to a case where so much of the income as remaining unexpended during the previous year………….(6) ......come Tax Act on the total income received from the property and assessed tax thereon at the maximum rate under section 41 of the said Act. The assessee raised objection to the assessments contending that under section 4(3)(i) of the Act 2/3rd of the income from the property which was held wholly for......ate 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 exemption will not apply to a cas..Category: Fiscal/Taxation Law | Date: | Hits: 85
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....dent No. 5 Jogendra Kishore Chokraborty, by virtue of a Kabala dated 14.5.63. The appellant filed a written objection contending that the Respondents were not co-share's and that it was a homestead land with a tin shed standing thereon and as it is not an agricultural land, it is not pre-emptible.......183 ......gment: Kemaluddin Hossain CJ.—This appeal is by special leave by the purchaser pre-emptee in an application for pre-emption under section 96 of the State Acquisition and Tenancy Act. Fact is that the appellant filed O.C. Suit No. 120 of 1963 in the Second Court of Munsif, Lakshmipur, Noakhal......reme Court Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J Badrul Haider Chowdhury, J Badsha Mia Bepari... ….Appellant. Vs. Abul Bashar & ors... ………Respondent Judgment Jan. 15, 1980. The State Acquisition of Tenancy Act, 19..Category: Property Law | Date: | Hits: 57
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
....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......Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J KM Subhan J Abdus Sattar & others................Appellants. Vs. Suresh Chandra Das & others………….Respondents Judgment May 2, 1978. Result: The appeal is allo......t in occupation of the premises on his death do not become trespassers, because neither their predecessor nor they entered the premises wrongfully, and so their continuance in the premises will be that of tenant by sufferance………..(14) Case Referred to- Gouribala Pal Vs. Kunjalal Saha ......with the tenant. The right being personal it ceases with the death of either party. So on the death of the tenant, the tenancy ceases and hence it is not heritable……………….(13) The heirs or successors-in-interest of a tenant in occupation of the premises on his death do not become tresp..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)
....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......2 DLR (AD) (1980) 138 ...... taxing Statutes- Doctrine of Laissez Faire and welfare economy. In interpreting a taxing statute a controversy often arises and learned authorities are cited in support of the proposition that a taxing statute is to be construed strictly in favour of the subject. But this view though not ...... Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..Category: Trust/Waqf Law | Date: | Hits: 239
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
.... 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 ...... Present: Kemaluddin Hossain, CJ K.M. Subhan, J Haleman Bewa and others...Appellants Vs. Gahar Ali Mondol & ors.... Respondents 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 appel......ppellants Vs. Gahar Ali Mondol & ors.... Respondents 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 ......n: 32 DLR (AD) (1980) 136 ..Category: Property Law | Date: | Hits: 56
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....a pending action of an appeal to superior Tribunal which belonged to him as of right is a very different thing from regulating procedure." In this regard reference may be made to Halsbury's Law of England, 3rd Edition, Vol. 36,427 where it has been said "To the extent, however, that the effect of ......Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martial Law Regulations. Th......Appellants. Vs. Haji Joynal Abedin………………………..Respondents Judgment December 20, 1978. Result: The appeal is allowed. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. ....... Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martial Law Regulation..Category: Criminal Law | Date: | Hits: 294
Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
.... (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......ourt Appellate Division (Civil) Present: Kemaluddin Hossain, CJ Ruhul Islam, J KM Subhan, J Badrul Haider Chowdhury, J Bangladesh...............Appellant. Vs. Abdur Rashid and others..........Respondents Judgment August 9, 1979. The Town Improvement Act, 1......quisition Court in assessing compensation in terms of section 93A (5) (b) (ii) read with 91A of the Act is competent to direct for payment of interest on the compensation assessed. 2. Facts are that the land recorded in C. S. Plot Nos. 59, 60, 89 and 90 measuring 2.55 acres of land of Mouza Bho....... When no Tribunal has been set up, any reference to the Tribunal under section 93A shall be construed as referring to Court under the Land Acquisition Act, 1894……..(6) There is no scope for invoking the general provision of the Land Acquisition Act, 1894 to invest the said Court with a ..Category: Others | Date: | Hits: 86
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
.............. 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...... (1980) 54 ......d ors............. 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 transfer......s Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
....978 dismissing the appellant from service is declared to have been passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 46. ......with…..(6) The appointing authority is not bound to accept the recommendations of the enquiry officer but in inflicting higher punishment not recommended, the appointing authority is expected to assign some reasons for coming to such a decision. Even in case of giving reasons, the order is not ...... Writ Petition No. 438 of 1978 discharging the Rule obtained by the appellant challenging validity of the order of the respondent removing him from service. 2. The appellant's case in short, is that he was appointed by the Trading Corporation of Bangladesh on December 18, 1972 and was posted as...... Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J K M Subhan J Badrul Haider Chowdhury J M. A. Hai…………………....Appellant Vs. Trading Corporation of Bangladesh, Dacca. ......Respondent Judgment August 8, 1977. Result: ..Category: Employment/Service Law | Date: | Hits: 72
Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)
....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...... (1980) 39 ......challenge by the District Judge in the same manner as contained in section 35 and all the provisions of section 35 have been made applicable to an order made under this section which means that an order made by the Administrator is liable to challenge before the District Judge and any or......matullah & others…………….. Respondents Judgment Nov. 21, 1978. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged be..Category: Trust/Waqf Law | Date: | Hits: 196
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