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Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)
.... to writ petition No. 155 of 1980 of the third group, the requisitioning authority submitted that the petition is not maintainable. It was denied that Pantnoshala Co-operative Housing Society was the owner by purchase of different C. S. Plots measuring an area of 8.26 acres of land Notices under sec......afa Kamal J Md. Ismail & others…………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and ......he operation of the impugned order of requisition is stayed till 21st October, 1981 from date. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 4, 1 BLD (HCD) (1981) 407 ..Category: Property Law | Date: 19 Aug, 1981 | Hits: 2
....ese rules.
(2) If any person is brought into Bangladesh in contravention of sub-rule (I) any authority empowered by the Bangladesh Government generally or specially in this behalf may direct the owner or person in charge of the aircraft or ship, as the case may be, to take the person back on bo...... by the respondent that the passport in question is forged or fake. The only contention of the respondent is that Towab obtained the passport in question on suppression of material facts in "a clandestine manner" without declaring or surrendering the passports issued earlier to him. On the......1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
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Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....d as an Additional Director and through Zohura Khatun, Zahiruddin Ahmed got a suit filed, being Title Suit No. 255 of 1973 in the 6th Court of Munsif, Dacca, seeking declaration that she was a lawful owner of 2200 shares and that she was duly elected a Director of the Company. 8. Zahiruddin Ahm......ormula of the principle of 'just or equitable' clause— Whether or not there are equitable considerations for the application of the Principle must necessarily depend upon the facts and circumstances of each case and the judicial discretion of the court. The allegation made by resp......rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435 ..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)
....eriod of five years. This period was extended later on by one year, but the consideration money having not been paid the Agreement for reconveyance was not enforced whereupon the Bank became absolute owner of the suit land. The Bank thereafter sold the land to the Plaintiffs predecessor by a registe......is also Reported in: 1 BLD (AD) (1981) 421 ......irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ..Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0
Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)
.... and buildings constituting holdings" be charged at the rates specified in Schedule to the Act. Section 4 provided for annual value of the holding. Section 11 provided that tax to be paid by the owner of the holding. The member in charge, while placing the Bill before the Home stated: &......Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Dacca Municipal Corporation………………….Appellant Vs Sonali Bank and Ors…………………………….Resp......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ..Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....sed. (c) by reassessing any holding, the valuation of which has been increased by additions, or alteration of the holding. Provided that no assessment or alteration shall be made unless the owner has been given a reasonable opportunity of being heard". 20. In view of the settled ......ult: The appeal is dismissed Urban Immovable Property Tax Rules, 1957, Rule 10 Rule 10 gives power to amend or alter the valuation only in cases where assessment is yet to be completed and tax is payable. It does not give power to re-open a closed assessment………&he......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450 ..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....cial agency, and includes a clerical department of a factory or of any industrial or commercial undertaking, the office establishment of a person who for the purpose of fulfilling a contract with the owner of any commercial establishment or industrial establishment employs workers, a unit of a joint...... Vs. Chairman, 2nd Laour Courts & Another……………….Respondent Judgment January 12, 1981 Result: The appeal is allowed. Terms and conditions of the employees of Dacca Improvement Trust are regulated by Town Improvement Act and......our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Goutam Ranjan Sen & others Vs. Bangladesh & others, 1981, 10 CLC (AD)
.... 3. Mr. B.N. Chowdhury, learned Counsel appearing for the appellants have referred to the decision in M/s. Dulichand Omraolal Vs. Bangladesh 1981 BLD (AD) 1 of this Division and submits that the ownership of the property having become eclipsed but not extinguished the suit for grant of Letters ......………………………Respondents Judgment January 8, 1981 Result: The appeal is allowed. Case Referred to- M/s. Dulichand Omraolal Vs. Bangladesh 1981 BLD (AD) 1. Lawyers Involved: MS Dilichand Omraolal......sts. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 126 ..Category: Property Law | Date: 8 Jan, 1981 | Hits: 2
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....y dated 9.4.56 (Ext.4) the appointed one Ansaruddin Biswas as their attorney who subsequently executed a deed of sale in favour of the plaintiff on 8.10.66 and that the plaintiff thus became the owner of the suit lands and was possessing it, but it having been wrongly recorded in the name of th......ent for the principal does not require registration except that its authentication under the law is necessary …………… (5) Whether Power of attorney executed and authenticated by a Magistrate or Notary Public in a foreign country could be acted upon as ......rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....) may be referred." The learned Subordinate Judge further observed: "The rule does not provide any scope to attach item No.3 of the petition as the defdt No. 1 is not the absolute owner of this property. I do agree with the contention of the learned Advocate for the defdt No...... Shipping Line Limited Vs. Bangladesh, 31 DLR (AD) 112; Md. Shamsul Huda Vs.Mozzammel Huq, 27 DLR 256; Lawyers Involved: Faqueer Shahabuddin Ahmed with Moazzammel Huq Bhuiyan, Rabia Bhuiyan and Shah Abu Nayeem, Advocates-For the petitioner. S.R. Pal with Anil Chandra Sarker and S.R. K......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)
....d disposal of the property by transfer or otherwise. Upon a true construction of the laws aforesaid, we get, that all rights in such property vest in the Government of Bangladesh and the title of the owner of the property remains subject to the overriding power of the Government, or, in other words,...... also Reported in: 1 BLD (AD) (1981) 1 ....... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1 ..Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109
....der clause (1) of Article 10, on the date on which it is so placed ; and subject to the provisions of clause (2) the Government shall as from such commencement or date, be the sole shareholder in, or owner of, such industrial enterprises."
19. The affairs of the unit or enterprise will be&......In C.A. 169 of 1979.)
M. Nurullah, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For appellant (In C.A. 65 of 1980.)
Syed Ishtiaq Ahmed, Senior Advocate, with K.Z. Alam and Khalilur Rahman, Advocates, instructed by M.R. Khan, Advocate-on-Record-For respondents 1 & ......vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 61
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Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7
Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)
....n 96, sub-section (2) requires that all the co-sharer tenants of the holding are to be impleaded in the application falling under the first part of sub-section (1), Similarly, all the contiguous land owners are to be made parties in the application falling under the second part of sub-section (1). S......Judgment March 18, 1980 Result: The appeal is allowed. The pre-emptors cannot succeed on such an application-several co-sharers in the holding were omitted in the pre-emption case and they were not brought on record in spite of objection taken by the pre-emptees-- The instan......l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....to the petitioner for consideration of Tk.2,300/-by a registered kabala dated 16.8.72 by the predecessor-in-interest of opposite parties No.3(a) to 3(d) on the allegations, inter alia, that they were owners of land contiguous to the land under pre-emption, that they were bona fide cultivators, that ......r Vs. Satya Bhoma Nath & others...................Opposite Parties Judgment March 3, 1980. Result: The Rule is discharged. Case Referred to- Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 33 DLR (AD) 323; Lutfun Naher Vs. Syeda Hashmat Ara, 21 DLR......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....esult: The appeal is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interest in the land in question the......l is dismissed. Whether the right of pre-emption a is a heritable right After filing pre-emption, either claiming to be a co-sharer in the holding or claiming to be an owner of contiguous land, if the pre-emptor ceases to have interest in the land in question the preemption case......e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....ssession of the suit land for the last 25 years suggests that the defendant was given exclusive possession of the suit land. There is no evidence on record that the plaintiff ever executed any act of ownership over the suit land during the period in which the defendant was in possession of it. The d......in 16 DLR (SC) 169; M.N. Clubwala Vs. Fida Hossain Saheb AIR 1965 (SC) 60; Goalunda Fishing Industries Vs. Pakistan, (1970) 22 DLR (Dacca) 349; Errington Vs. Errington, in 1952 (1) All E.R. 149; Cobb and another Vs. Lane, in 1952 (I) All E.R. 1199; Issac Vs Hotel De Paris Ltd., (1960) 1 All E.R. 348......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....hman, Advocates-For the Respondents. F.A. 47 of 1975 Judgment Abdul Wadud Chowdhury J. - This appeal by the plaintiffs arises out of a suit for declaration that the plaintiffs are the owners of the property on the basis of a gift and is directed against the judgment and decree p......& another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....n what is the right acquired by the parties in the decree for specific performance of contract and whether the partition of the land is the proper remedy. It is now well settled that apart from the ownership or legal title to the land, many diverse kinds of right are created by various kinds of ......32 DLR (AD) (1980) 24. ...... Here particular right is recognised by statute but no specific remedy is laid down. Similarly section 9 of the Specific Relief Act does not specifically create any right but provides a remedy to a possessor to recover his possession, if he is wrongfully dispossessed in terms of section. These two..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....other remedy had then moved this court and obtained the rule.
3. Respondents have filed a joint affidavit- in-opposition. They have admitted that Sk. Abdul Aziz and Moriam Bibi were the original owners. But they contend that Sk. Abdul Aziz and Moriam Bibi having become citizens of a State which......of Public Works & Urban Development, Government of Bangladesh………..Respondents
Judgment
August 17, 1979.
Result:
The rule is made absolute.
Owner of abandoned property has no legal authority to transfer the property-
An abandoned property within ......t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
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Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....t De Injuria Sua Propria—No man can take advantage of his own wrong.
The learned Attorney General argued that no deed of transfer having been executed, no right was conferred on the former owners for claiming restoration does not hold good because the well settled principle is no body is ......y the Government although no such case was made out. Hence applying the principle of promissory estoppel the least that can be said is that the appellants cannot be allowed to act inconsistently and the decision to release the Mill remains binding on them……………...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
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Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
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