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Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....eeding relating to an assessment in respect of the same income year, concealed particulars of his income or furnished inaccurate particulars of such income or understated the value of any immovable property in connection with its sale or transfer with a view to evading tax, he or it may impose up......bsp; Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of the People's Republic of Bangladesh and others………………Appellants Vs. Iqbal Hasan Mahmood alias Iqbal Hasan......ecial Case No. 6 of 2007 arising out of Complaint Case No, 33 of 2007 started against the respondent under sections 165 and 166 of the Income Tax Ordinance, 1984 without lawful authority and of no legal effect and also quashing the same for the ends of justice, 2. The respondent filed t..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....missing the suit which was decreed by the trial court on the ground that the suit land being a mango garden not being a forest or waste land was not liable to be vested in the Forest Department for proper conservation and management. 8. The short fact leading to the filing of the aforesaid...... Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Government of Bangladesh represented by the Secretary Ministry of Environment and Forests and others.............Appellants (In Civil Appeal No. 330 of 2003) Government o......75 acres of land is comprised of a mango garden having 74 mango trees standing thereon is not a forest land and as such the vesting of control and management thereof in the Forest Department are illegal and inoperative and not binding on the plaintiffs and the plaintiffs are entitled to rever&sh..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
..... 3-4 and widow defendant No. 5 and that by way of devolution and inheritance defendant Nos. 1 and 2 got 2 pons 16 gandas each and defendant No. 5 got 1 pon 3 gandas 3 Karas and 2 kranti in the suit property and they were in ejmali possession with defendant Nos. 6 to 13 and that Ustari Bibi w...... LG (2007) AD 231. ...... Suit No. 135 of 1983 of the First Court of Munsif Upazila Sylhet cropped up between the plaintiff and defendant No. 14; that defendant Nos. 6-16 are now trying to gain over defendant Nos. 1-5 by illegal means and to this end are giving out various threats since last part of Poush 1391 B.S. and ..Category: Property Law | Date: | Hits: 26
Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ndent No. 2 should not be declared to have been made without any lawful authority and is of no legal effect, or such other order or further or orders be passed as to this Court may seem fit and proper. Pending hearing of the Rule, let the respondents are directed to redeploy the Ansars in &l...... Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Ohidul Islam and others…………………………Petitioner......ondents to show cause as to why the impugned Memo No. 2018/Ans dated 13-03-2003 issued by the respondent No. 2 should not be declared to have been made without any lawful authority and is of no legal effect, or such other order or further or orders be passed as to this Court may seem fit and..Category: Property Law | Date: | Hits: 24
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ...... The State..............................Appellant Vs. Liaquat Hossain @ Liaqut.........Respondent Judgment August 2, 2007. Case Referred to- Abu Taher and others vs. Shrifa Begum and others, 15 BLD (1995) (AD) 91. Lawyers Involved: Zahi......e, which was corroborated by the official witnesses, who were the members of patrol party while other public seizure list witnesses did not support the prosecution case in spite of that there is no legal bar to Convict the appellant on the impeachable evidence of the police personnel, who car..Category: Criminal Law | Date: | Hits: 24
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
.... Karim Hajra sold 1.63 acres of land on 14.07.1937 to Abdul Khaleque and Abdul Haque by registered deed of sale and delivered possession to them and that they owned and possessed the property for more than twelve years and thereafter died leaving behind the defendant Nos.2 to 12 a...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Ekabbar Hajra and others......................Petitioners Vs. Salamat Hajra being dead his heirs Su......believed the evidence produced by the plaintiff and dismissed the suit and the High Court Division, misdirected itself in reversing the said judgment without legally adverting to the findings arrived at by the lower appellate court and as such com..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
.... title and possession in the suit land without making a correct approach to the pleadings of the parties and the evidence on record. It is not denied that Bachcha Mia and Basiruddin sold their properties out of suit Plot No. 350 and 379 to Nur Mohammad Khan, the predecessor-in-interest of th...... Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Basiruddin....................................Petitioner Vs. Md. Moslem Uddin and others.......Respondents Judgment September 13, 2007. Lawyers Involved: ...... Rahima Khatun, Ayesha Khatun, Joytunnessa, Khairunnessa, Johora Khatun, Amena Khatun, Hoseneara Begum and one son, Abul Hossain and one wife Rahatannessa who inherited the suit land. The aforesaid legal heirs of Nur Mohammad Khan sold the suit land to the plaintiff on 14.02.1978 at a considerat..Category: Property Law | Date: | Hits: 19
Sheikh Intaz Ali and others Vs. Solaiman Tarafder and others, 2006, 35 CLC (AD)
.... allowing the Miscellaneous Case arrived at the finding that the summons by registered post was not served on the defendants and that the summons shown to have been served on the defendants was not proper service on all the defendants and that plaintiffs obtained the ex parte decree on the basis ......: V ADC (2008) 420. ......iew that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 420. ..Category: Procedural Law | Date: | Hits: 78
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....ginally belonged to 3 (three) brother namely, Hashimullah, Nashibullah and Thandai Ullah and they were in possession and accordingly record of right were prepared in their name and they enjoyed the property by digging doba in the suit land. The suit land situated contiguous to the north of plot No......V ADC (2008) 412. ......n of land is not a document of title, the learned Single Judge of the High Court Division has wrongly considered the presumptive value of the S.A. Khatian not backed by a trust worthy document or legal testimony. Mr. Ali, lastly, submits that since the possession of the defendant is supported by..Category: Property Law | Date: | Hits: 21
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
....at he token certified copy of the kabalas and acquired his knowledge of the transfer. Thereafter, he filed the miscellaneous case under Section 96 of the State Acquisition and Tenancy Act with the proper deposit of the consideration amount. He claimed that he is in possession of the dispute......ivil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Alauddin...........................Petitioner Vs. Azizul Hussain and others........ Respondents Judgment November 6, 2007. Lawyers Involved: ...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ..Category: Property Law | Date: | Hits: 20
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....nd, that Munshi died during the lifetime of Bachha Mia and, as such, Bachha Mia inherited 0.31 acres of land, that defendant Nos.1-3 acquired interest to the extent of 1.86 acres of land, that the property described in the schedule 'Kha' was the self acquired property of Bachha Mia, that defenda...... Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respon...... got a deed executed and registered by Amira and Sobura, 2 wives and 2 surviving sisters Asma and Kul-suma by false representation in respect of the property left by Saleh and thereby deprived the legal heirs of Saleh. 3. The suit was contested by different sets of defendants. 4. T..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
....sed in Title Suit No. 48 of 1965 itself, the High Court Division also found that in the schedule of the decree there is no name of the Mouja, Khatian number or plots or any other description of the property and in respect of Title Suit No. 18 of 1974 the High Court Division found that only the o......ivil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Kulsum Bibi & others...............Petitioners Vs. Deputy Commissioner, Magura and others..................... ............Respondents Judgment &nb......e that the petitioners, as plaintiffs, instituted the above suit seeking declaration that (a) the order dated 15-1-1987 passed by the Additional Deputy Commissioner (Revenue), Magura is illegal, void, without jurisdiction and not binding upon them (b) the suit land measuring 11.89 acres..Category: Property Law | Date: | Hits: 28
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
.... petitioner to stop the construction work and further directed to remove the construction within 7 days and further warned the petitioner to the effect that since the construction is unauthorised proper action will be taken for removing the unauthorised construction under section (sic) of th...... Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Rajdhani Unnayan Kartripakkha represented by its Chairman and another.............Petitioners Vs. Jamuna Builders Ltd. and another....................5 of 2003 making the Rule absolute. 2. The facts, in short, are, that the respondents as writ petitioners moved the High Court Division under Article 102 of the Constitution challenging the legality of Memo No.SEL/eAA/2cP-85/2002/599Oqix dated 17-11-2002 (Annexure A to the writ petition)..Category: Property Law | Date: | Hits: 27
Khairunnessa Vs. Syed Mainul Haq and others, 2005, 34 CLC (AD)
....an application filed under Order I, rule 10 of the Code of Civil Procedure. 2. The suit was filed seeking the decree that the defendant No.1 is a licensee of the plaintiff in respect of the property in suit as well as for khas possession of the property described in schedule B to the plai......urt Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Khairunnessa........................Petitioner Vs. Syed Mainul Haq and others.................................Respondents Judgment December 8, 2005. ......dant No.1. In due course defendant No.1 entered appearance in the suit by filing written statement denying the case of the plaintiff and asserting that defendant's purchase from Serajuddin is quite legal. 3. At one stage of the suit a certain Khairunnessa filed an application under Order 1..Category: Property Law | Date: | Hits: 33
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....ance with the provisions laid down in rule 19B, Order V Code of Civil Procedure and said summons having been returned with the endorsement made by the postal peon as being 'refused', there was also proper service of the summons sent by registered post and therefore, the High Court Di......t: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Hyder Ali Mia (Md)..................Appellant Vs. Razia Begum and others.........Respondents Judgment February 8, 2006. Cases Referred to:......re served upon them and moreover, the defendants did not challenge the service of summons which were sent through registered post and sending of summons through registered post has got strong legal presumption of service under section 27 of the General Clauses Act; it is an admitted fact th..Category: Property Law | Date: | Hits: 33
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....laintiff-respondents, instituted Title Suit No. 69 of 1996 in the Court of Senior Assistant Judge, 3rd Court, Dhaka for declaration of title, recovery of khas possession and demarcation of the suit property stating, inter alia, that one Tusi Bewa along with other persons were owners of 1320 ajutan......is also Reported in: 12 BLC (AD) (2007) 42. ......and four daughters namely, Buri Bibi, Marium Bibi, Isami Bibi and Jaynab Bibi and that then Buri Bibi died leaving behind her husband, one daughter named Sahara Bibi, one brother and three sisters as legal heirs and that another daughter of Tusi namely, Akubi Bibi, died leaving behind one son Nurudd..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....llenging the order dated 21-5-1982 passed by the Administrator of Waqfs in Enrolment Case No. 22 of 1978 in enrolling 3.57 acres of land as described in schedule of the above enrolment case as waqf property and also for a declaration that the schedule land is not a waqf property on the averments......so Reported in: 12 BLC (AD)(2007) 25. ......of the Code of Civil Procedure, in such situation it was incumbent upon the learned District Judge to instantly direct for further investigation and so the fixing next date for taking steps was not legal and further, the order dated 26-10-1991 was passed at much later date after the hearing was ..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
.... interest in the land in suit. 5. The case of the defendant No.12 was that Asmot Mia purchased some land on 15-2-1928 and owned and possessed the same till his death and after his death said property amicably partitioned amongst his heirs, that on June 11,1989 defendant No. 9 Sufi Mia son ......2 BLC (AD)(2007) 18. ......on of Article 4 of PO 12 of 1972 is applicable as regard a case where a person could not because of the abnormal situation from 1st of March, 1971 to 1st of March, 1972 institute or initiate legal proceedings and, as such, his claim or suit become barred by limitation and that plaintiffs' ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....each of trust took the settlement of the land in suit in his own name and later on Firoz Bhuiyan of his own got the SA record prepared in respect of the land taken settlement as well as the ancestral property in equal share, but the case so pleaded was not established by the defendants by leading re......rted in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......cate for the plaintiff-respondents that subsequent to the filing of the suit plaintiffs were dispossessed from the land in suit and the said fact as has found place in the evidence of P.W 1 it is not legally well founded to say that the suit framed is not maintainable. It has also been submitted by ..Category: Property Law | Date: | Hits: 33
Amjad Ali and anothers Vs. Dud Banu and other, 2007, 36 CLC (AD)
.... the case land by the pre-emptee petitioners and there is also no evidence on record to show that the pre-emptor respondent No. 1 had earlier knowledge of the transfer and both the Courts below, on proper consideration of the evidence on record, concurrently found that the preemption ap...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Amjad Ali and anothers .............Petitioners Vs. Dud Banu and other ................Responde......heritance, by two kabalas dated 4.3.1993 sold .08 decimals of land, to each of the pre-emptee petitioners, who are husband and wife, and thus sold in total 16 decimals of land, and there is no legal bar against filing single application for pre-emption against two sales and further the ..Category: Property Law | Date: | Hits: 22
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