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Ram Chandra Das & others Vs. Md. Khalilur Rahman & another, 1984, 13 CLC (AD)
....f Tk. 15,000/- as solatium in addition to the balance consideration money. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 21, 1985 BLD (AD) 41. ....... which was the responsibility of the plaintiff and that the price of land in the locality had increased in the mean time. 4. By its judgment on December 31, 1977 the trial Court decreed the suit holding inter alia that the suit was not barred by limitation, that the plaintiff tendered the balan..Category: Civil Law | Date: | Hits: 109
Commissioner of the Income Tax Vs. Abdul Aziz, 1984, 13 CLC (AD)
....e result therefore this appeal is allowed. The judgment and order of the High Court Division is set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 269. ......titled to such exemption Points merit consideration." 4. Mr. A. M. Mahmudur Rahman appearing for the Revenue contended that the High Court Division erred in law in holding that the bonus shares should be treated as an investment by the assessee; (2) the bonus sha..Category: Fiscal/Taxation Law | Date: | Hits: 131
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....herewith. The appeal from this judgment must fail. In the result, the appeal is dismissed without how ever any cost. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......d that there was no declaration from the court that summons was duly served. On a revisional application the learned Judges of the High Court Division interfered with this decision of the trial Court holding that the trial Court on erroneous view of law and fact arrived at the finding that there was..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....ise between the parties was made on the condition that the defendants would give some lands to the plaintiffs and the plaintiffs in consideration of that will also give the lands of the disputed kabala". The trial court noticed that the plaintiffs have not examine...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Abed Ali and others, 1984, 13 CLC (AD)
....their sentence, falling which the trial Court shall secure their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......the respondents filed a revisional application as referred to above and thereupon the learned Single Judge of the High Court Division set aside the order of conviction and acquitted the respondent holding, among other things, that then participation in the incident of arson and rioting being dou..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....terest. 3. The suit was contested and the plaintiff led evidence to prove that she was the daughter of Gouri Dasi who died intestate; that the properties belonged to Gouri Dasi is not disputed and documentary evidence is in R. S. Khatian had been adduced to show that the property be......desh cannot claim the property without following the procedure in case of intestacy and secondly notwithstanding the evidence of the plaintiff's witnesses the High Court Division erred in not holding that the plaintiff had sufficiently proved the case so as to seek the declaration as prayed..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....nd by principle of waiver, estoppels and acquiescence. The case land was purchased by registered kabalas dated 9.3.77 within the knowledge and with the consent of respondent No. 1. The jama of the disputed holding having already been separated in accordance with law, respondent No. 1 ceased to b.........Respondent Judgment November 17, 1983. The Code of Civil Procedure, 1908 (V of 1908), Section 107 (1) (b), Order 41, rule 27 As to the claim of separation of the holding, it is an essential issue to be determined whether the respondents had ceased to be co shea..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ...... In absence of any written contract no relief under section 53 A of the Transfer of the Property Act can be sought for. The defendant having no such document the learned single Judge was correct in holding that the defendant was no better than a licensee and the appeal was correctly allowed in a..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ...... that there was no illegality on the face of record and dismissed the revision by his order dated 26.2.82. 9. The High Court Division dismissed the revision (C. R. No. 692 of 1982) by holding that the "receiver's lien was not liable to be frustrated" and considered that t..Category: Property Law | Date: | Hits: 39
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....ng by the trial Court that after the transfer of the premises to the plaintiffs the tenants did not offer any rent to the plaintiffs though they were served with a notice of the transfer. It is not disputed that the appellants, after the transfer, served a notice upon the tenants-respondents throu......owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ...... have been preferred when another construction is open. Subsequently, in the case of Krishna Chandra Paul Vs. Khoyar Sardar, 20 DLR 746 another Single Bench took the view that a person who is holding land by giving a share of the crop must be doing so under the system known as Borga, Adhi o..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
.... case is sent back on remand to trial court for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......order of the court. He argued vigorously that the judgment of the High Court Division in Second Appeal clearly shows that on point of possession there was ‘conflicting' decision—the trial court holding that the plaintiff was in possession while the appellate court below found possession in fav..Category: Civil Law | Date: | Hits: 114
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....ivision; but on careful examination, it is found that the question of exclusive use of the fund for religious and charitable purposes is not a contentious issue in the instant case since it is not disputed by the Revenue that the income from the business of these five launches was wholly ap......mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....e filed Title Suit No. 5 of 1976 (Probate) before the District Judge, Noakhali, seeking probate of the will. 3. The suit was contested by Krishna Moni Devi, respondent No. 2 who seriously disputed the will contending that her husband did not execute any will but the disputed&n...... decree on 27 February, 1978 granting probate of the will. But on appeal by defendant Krishna Moni Devi, a Division Bench of the High Court Division reversed the finding of the District Judge, and holding that the execution of the will was not duly proved on fulfilling the requi..Category: Property Law | Date: | Hits: 118
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ...... 2. Appellant No. 1, M/s. Gannysons Limited was incorporated under the Companies Act in East Pakistan, as it then was, on 19th September, 1962. Appellant No. 2 is a resident Director holding 19,000 shares of the company since 1962. Other Directors are (1) Ashraf A. Ganny, a British..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
.... 4th Court of Subordinate Judge, Dhaka for specific performance of contract. His case is that he entered into an agreement on October 14, 1971 with Abdus Sattar Solaiman, who is the sole owner of the disputed property to sell it to him at a consideration of Tk. 1,00,000/-. On payment of Tk. 75,000/-...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....s in possession of the premises of schedule 1 and the suit as well as the application were filed by him in collusion with them. Appellant No. 1 maintained the whole family out of the income of the disputed property since 1954, when his father died and plaintiff-respondent No. 1 was married in 19......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....intiff. The learned Judge found that the appellant, Custodian of Enemy Property, had no document in his possession to claim the property as enemy property except the record of right containing the disputed entry. Before the High Court Division no one appeared on behalf of the present appellant. ......four sons who left for India long before and the case land vested in the Custodian of Enemy Property. The learned Munsif allowed the Miscellaneous Cases and directed the correction of the Khatians, holding, inter alia, that the pattannamas Exts. 1 to 1 (b) and the Dakhilas Exts. 2 to 2(g) are gen..Category: Property Law | Date: | Hits: 28
Dabiruddin Ahmed @ Lablu Vs. Dr. Chittaranjan Deb Nath & ors., 1984, 13 CLC (AD)
.... hearing the parties by one judgment by the High Court Division. With this observation the appeal is disposed of. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 77. ...... is entitled to get her in his custody after release. 3. The learned Judges of the High Court Division after hearing the parties and perusing the affidavits rejected the appellant's prayer holding that on the facts disclosed the appellant has no locus standi to be impleaded in the proce..Category: Criminal Law | Date: | Hits: 58
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
..... 2. One Keramat Ali Sowdagar, predecessor of respondents 1(a) to 1(e) instituted a Redemption Suit No. 16 of 1965 in the 1st Court of Munsif, Patiya for redemption of mortgage of the disputed lands which, as described in two schedules, originally belonging to one Abdus Samad w...... benamdar of defendant No. 1. Defendant No.1 further contended that the Miscellaneous Case No. 116 of 1942 was filed against the plaintiff and others for the separation of jama of the disputed holding. As the plaintiff did not claim the rent of the lands in his share the jama was divided. By..Category: Property Law | Date: | Hits: 35
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