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Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....roperty only and the tenant is liable to be ejected. A tenancy from month to month is a lease as contemplated in section 105 of the Transfer of Property Act and the right therein is heritable and not personal to vanish with the tenant’s death. The right on inheritance is same as that of the origin...... tenant also includes a person continuing in possession after the termination of the tenancy. Right in such tenancy is ordinarily heritable, though this right is limited “to enjoy” and occupy the property only and the tenant is liable to be ejected. A tenancy from month to month is a lease as co..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....- exist and one does not destroy the other. 13. It is further to be remembered that the heirs of the wakif come to represent the wakf estate in their representative capacity and not in their personal capacity. The land so allotted will ensure to the benefit of the wakf estate. It will sub......e Revenue Officer dated 23. 12. 54 in Misc. Case No. 2 of the R. O. S. Court, Barisal anullity. Their case in short in that Keamuddin Sardar predecessor of the plaintiffs created a Wakf of the suit property by a Wakfnama of 28. 12. 1891. The plaintiff No. 1 is managing the Wakf property as Mutwal..Category: Others | Date: | Hits: 142
M.A. Zaher and others Vs. Mainuddin Ahmed and another, 1976, 5 CLC (AD)
....le to the Jurisdiction of the Court. 12. The learned counsel, however, submitted that the Secretary asked the process server to go to the residence of the Chairman to serve the notice upon him personally and the process server went to the residence of the Chairman who was reported to be absen......g the appellant Khurshed Alam Khan for abetment of the offence of contempt of court and sentencing him therefor. In the result this appeal is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 142
Swami Joytirghananda Vs. Deputy Commissioner, Khulna and others, 1976, 5 CLC (AD)
....er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ......er discharging the Rule are set aside and the Petition No. 245 of 1966 is restored to file for hearing according to law. There shall, however, be no order as to costs in this appeal. Ed. ..Category: Procedural Law | Date: | Hits: 89
Dacca Improvement Trust Vs. Waliullah and others, 1976, 5 CLC (AD)
.... a formal decree, as a matter of fact, was prepared after the filing of the said appeal. The result, therefore, is that the appeal is dismissed without any order as to costs. Ed. ...... and also for an injunction restraining the appellant and others from enforcing the requisition and/or acquisition and disturbing thereby the possession of Respondents No. 1 and 2 in the property in suit. 3. After the service of the notices of the suit the appellant, namely, Dac..Category: Procedural Law | Date: | Hits: 99
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ...... Pakistan, now Bangladesh. In accordance with the terms of the agreement the appellant was vested with the power of general management of the managed Company's business transactions as well as property affairs in consideration of a commission at the rate of 2 ½ % of the gross pro..Category: Fiscal/Taxation Law | Date: | Hits: 114
Abul Hossain & ors. Vs. The State and anr., 1976, 5 CLC (AD)
....e learned counsel on the facts and circumstances of the case, there arises no question for review of the decision of this Division. In the result, the petition is dismissed. Ed. ...... of the land and as such they cannot be convicted." 7. This Division pointed out that the bonafide character of the claim of right shall have to be ascertained with reference to the property which is the subject-matter of the alleged offence and in the instant case it was the padd..Category: Criminal Law | Date: | Hits: 66
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ......ial Area. M/S. A. T. J. Industries Ltd. 158, Tejgaon, Industrial Area, Dacca......" Representation was made to the Government for the release of the Company as it cannot be treated an abandoned property because all the shareholders were Bangladeshi nationals. The Government was pleased to rele..Category: Business or Commercial Law | Date: | Hits: 129
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......e as she was not a party to the pre-emption proceeding and (ii) that in the absence of a finding that Respondent No. 1 Ashrafun Nessa was claiming in good faith to be in possession of the property on her own account, the execution case should not have been dismissed. Leave was granted ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
.... hearsay; and that the finding of the learned Subordinate Judge being based upon such hearsay evidence was no sustainable. The learned Additional District Judge also found that P.W. 2 having had no personal knowledge of the state of things existing at the time when the defendant entered into the s...... Second Appeal, setting aside an appellate judgment of reversal and dismissing a suit brought by the appellant for declaration of title and recovery of possession. 2. Plaintiff's case is that the property in suit which is a residential house in the city of Dacca originally belonged to one Priya ..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
....n and that it was for purposes for which Wakf could be made but it was of the view that the Wakf was never acted upon, as Mokhlesur Rahman continued to deal with the property as if it was his personal property. In any event, the properties, which were sought to be dedicated, were not i......ed by Mokhlesur Rahman and that it was for purposes for which Wakf could be made but it was of the view that the Wakf was never acted upon, as Mokhlesur Rahman continued to deal with the property as if it was his personal property. In any event, the properties, which were sought to be ..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....nd duties with which the Assistant Custodian of Enemy Property were invested for the purpose of preservation and management of the properties of alien enemies had statutory foundation and the legal personality of such an Assistant Custodian of Enemy Property was entirely distinct and different f...... Property and for conferring and imposing on the said Custodian, Addl. Custodian, Dy. Custodian, Assistant Custodian such rights duties and responsibilities, as might be prescribed, in respect of the property vested in them. In exercise of the powers under rule 182(1) (b) of Defence of Pakistan Rule..Category: Property Law | Date: | Hits: 93
Syed Mofazzal Hossain Vs. The Election Commissioner and others, 1975, 4 CLC (AD)
....e position is entirely different from that of the other contesting candidates. The valuable right to a representative office which has been acquired by him as a result of the election is not simply a personal or individual right; it is concerned with the interest of numerous persons inhabiting the......the setting aside of the election of the Vice-Chairman and the members is declared to have been without jurisdiction and as such void. Ed. This Case is also Reported in: (1976) 28 DLR (AD) 51. ..Category: Election Law | Date: | Hits: 122
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ......ecurity deposited in court, observed in the majority, giving a very clear exposition of S. 60 of the Code. The relevant passage may be quoted: "When either immoveable or moveable property is offered as security, the proprietary interest of the surety is not automatic..Category: Civil Law | Date: | Hits: 103
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ......ause of action for partition arises in favour of the co-sharers suing for partition as against all the remaining co-sharers because every one of them has a substantive interest in every bit of the property which is the subject matter of the said suit. In order to give relief in such a suit, the ..Category: Property Law | Date: | Hits: 54
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
.... there must be an attempt to serve the notice directly on the certificate debtor in person. But there is also the alternative provision for service, by way of substituted service, if the attempt at personal service fails. That is contained in rule 6(a) and (b). It is to be observed that clauses ...... declaration only. The suit was contested on various grounds; one was, that the plaintiff did not acquire a valid title in the certificate sale, and the other was that he was not in possession of the property. 2. The trial court held against the plaintiff in that there was no proper service of ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....ording to the Muhammadan Law, Ikrar or acknowledgment in general stands upon much the same footing as an admission as defined in the, Evidence Act, acknowledgments of parentage and other matters of personal status stand upon a higher footing that matters of evidence, and form a part of the substan...... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295...Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ...... that as the mention is in a compromise filed in a suit, on the basis of which a decree was passed prior to 1930, when the law was amended so as to require registration if the compromise affected property not the subject matter of suit, it was admissible in evidence without registration, and w..Category: Property Law | Date: | Hits: 64
Mannujan Begum Vs. A. Samad Molla & others, 1977, 6 CLC (AD)
.... unsustainable. The appeal is, therefore, allowed and the orders of stay passed by the learned Sub Ordinate Judge are set aside. There shall, however, be no order as to costs. Ed. ......case for stay of the execution in terms of the provisions of sub-rule (3) of rule 5 as has be n mentioned above. Rule 6, sub-rule (2) of Order 41 provides for stay of sale of immovable property in execution of a decree said principle, a proceeding in execution against which an appeal..Category: Property Law | Date: | Hits: 61
The State Vs. Fazu Kazi alias Kazi Fazlur Rahman and others, 1977, 6 CLC (AD)
....hat their makers had themselves resiled from them. The conviction and sentence of Maqbool Hussain were set aside as there was no independent evidence that Maqbool Hussain had any personal contact with the Tahsilder. 6. In the instant case the learned Deputy......boration thereof. It is not, however, necessary that independent evidence by itself should be sufficient to sustain a conviction. In the result the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 80
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