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Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
.... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ...... No. 231 of 1976 in the Court of Subordinate Judge, Dhaka 3rd Court for dissolution of partnership firm styled "Cafe China" for accounts and for partition of the suit property consisting of a plot of land and building at 75 Dilkusha Commercial Area, Dhaka. It was stated in the plaint that she and th...... Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ......essary to convey the share of the parties in the immovable property notwithstanding the agreement of settlement. Civil Petition No. 17 of 1984 was also filed by the plaintiff respondent. Since common question of facts and law are involved both of them are disposed of by this judgment. 3. Defenda..Category: Business or Commercial Law | Date: | Hits: 114
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. ......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. ...... This Case is also Reported in: 36 DLR (AD) (1984) 269. ......an income of the assesee, then section 15C has no manner of application. Since it is not the income of the assesee and nor a part of his total income and nor it was invested by him, the question of rebate or exemption from tax hardly arises.………….(9) ..Category: Fiscal/Taxation Law | Date: | Hits: 131
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
............ Appellants Vs. A. K. Noor Mohammad & ors……...........................….Respondent Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appe...... Judgment January 10, 1984. Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees...... Reported in: 36 DLR (AD) (1984) 261. ......of section 53A of the Transfer of Property Act to the facts and circumstances of the case. These grounds are as follows: "VII. For that in view of the fact that no questions of non-joinder of any party to the suit was raised by any of the contesting defendants a..Category: Property Law | Date: | Hits: 36
Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)
....upon taking such fresh evidence as may be necessary dispose of the suit on the amended plaint. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ...... started a firm at Chuadanga in the name of Mahabir Cinema Company, each having one-third share, mainly to deal in showing of films and cinematograph; (b) With the above purpose the firm acquired landed properties described in the schedule of the plaint for starting a cinema hall which was propo......o costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 253. ......n for amendment it was stated that the amendment was necessary to avoid multiplicity of proceedings, hardship of the parties and for complete adjudication of the dispute and determination of the real question in controversy. It was mentioned further that no new facts were being introduced but mere..Category: Property Law | Date: | Hits: 99
Santosh Kumar Chakraborty & others Vs. M.A. Motaleb Hossain and others, 1984, 13 CLC (AD)
....y proceedings under Order IX, rule 13 C.P.C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the court and possession of the land was also delivered as there was no order from the superior Court staying the ......r Order IX, rule 13 C.P.C. became infructuous as the ex parte decree was fully satisfied through execution, that the necessary sale-deed was executed and registered by the court and possession of the land was also delivered as there was no order from the superior Court staying the Execution proceedi...... This Case is also Reported in: 36 DLR (AD) (1984) 248, 1985 BLD (AD) 59.......ecome infractuous if otherwise found maintainable. If the defendant has been directly tendered with the summons by the process server and on refusal of receipt of such summons by the defendant, no question of exercise of due diligence in the service arises and in that circumstances service by han..Category: Procedural Law | Date: | Hits: 93
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....if, Natore for a declaration that the 4 kabalas alleged to have been executed by them on 24.5.73 in favour of the defendants appellants were hit by section 23 of the Contract Act and also for possession of the land. 3. Plaintiff's case was that the land described in schedule Ka......p;………..(17) Even an apology may be sufficient consideration for a compromise in case of compoundable criminal cases. The parties exchanged their land at the intervention of the village elders and they have settled up all their differences.......s also Reported in: 36 DLR (AD) (1984) 240. ......l cases as a result the accused were discharged under section 253(2) Cr. P. C. and proceeding under sections 145 were dropped and the attached properties were released. The learned Judge posed the question: "Whether the disputed kabalas were executed in exchange of the pro..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. ......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. ......e their arrest for the said purpose. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 234. ......may apply. In this case all the accused persons were charged with and convicted of rioting under section 147; besides they were charged with and convicted of the offence under section 436; now the question is whether section 34 or section 149, should be added therewith. The alteration of the fin..Category: Criminal Law | Date: | Hits: 66
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....other who was once a prostitute by profession and subsequently gave up and led a married life. She purchased a land in question oat of her own income in 1953. She had been in actual, physical possession of this land till her death on 26.5.76 by paying rent and other taxes to the Pourashava ......of the High Court Division in Civil Revision No. 1324 of 1979. 2. Plaintiff appellant brought a suit being O.C. Suit No. 50 of 1977 for declaration of right, title and interest in the suit land in the Court of Subordinate Judge, Rangpur. Her case was that the land in question was owned ...... is also Reported in: 36 DLR (AD) (1984) 225. ...... for any body else to challenge this fact. Provisions of section 92(a) have no manner of application in these circumstances. Per Badrul Haider Chowdhury J.…….......... .(9) The question of marriage of Gouri Dasi or whether Geta Rani was her “legitimate” child is i..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division 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) 220. ......1 instituted Miscellaneous Case No. 150 of 1978 under section 24 of the Non-Agricultural Tenancy Act, in the 1st court of Subordinate Judge, Mymensingh for pre-emption of .385½ acres of land recorded in C.S. Khatian No. 1397 and S.A. Khatian No. 1650 of Mouza Mymensingh town und......also Reported in: 36 DLR (AD) (1984) 220. ......erned and also the issue formulated thereon by the trial Court, namely, "is the petitioner a co-sharer in the disputed holding", it was necessary for the ends of justice to determine the question whether the respondent No. 1 was still a co-sharer tenant in the holding at the time of fi..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....f had assured to execute the kabala after obtaining a Nadabi from his aunt; that the defendant paid Tk. 7100/- in all upto February, 1963 and was willing to pay the balance and that he was in possession in part performance of the contract. On this averment the suit was contested. 4.......ive accommodation. The defendant was making delay in finding alternative accommodation and when the plaintiff told him to vacate the defendant gave out that he has already purchased a plot of land and would leave that the suit premises after construction of his house; even after constr...... Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......the trial court below was again affirmed by the appellate Court below. On Second Appeal being S.A. No. 201 of 1972 the High Court Division formulated the point as under: ''The question for decision in this appeal is whether the defendant in possession of the premises under ..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
.... Judgment January 11, 1984. The Code Civil Procedure, 1908 (V of 1908), Or. 40, r. 1 (a), (c) and (d) and r. 4. Receiver is an officer of the Court to whom is given possession of custody and management of certain property. The received is the custodian of the prop......ndent No. 1 K. A. Gani as receiver of the properties. The receiver, it appears with court's permission started constructing a commercial building consisting of shop-rooms in the ground-floor in the land of Schedule A of the compromise decree but as he failed to render accounts of expenditures fo...... 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ......d the Court passed the following direction: "It is accordingly directed that the learned Subordinate Judge should effect the delivery of possession of the properties in question to the decree-holders, only after the decree-holders have furnished a bank guarantee..Category: Property Law | Date: | Hits: 39
Golam Ather Chowdhury Vs. The Administrator of Waqfs and others, 1984, 13 CLC (AD)
....rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ......rference is called for. In the result, the appeal is dismissed. We do not however make any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203. ....... This Case is also Reported in: 36 DLR (AD) (1984) 203. ......il Revision No. 369 of 1983.) Judgment Shahabuddin Ahmed J.- This appeal by a Mutawalli calls in question an order of the Administrator of Waqfs appointing a Committee of Official Mutawallis ..Category: Trust/Waqf Law | Date: | Hits: 196
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....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. ......ondents Judgment November 9, 1983. Result: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to have any interest in the suit ......sts. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. ...... judgment and order dated 13 July 1982 passed by the High Court Division, Comilla Bench in Civil Revision No. 1634 of 1981.) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question for determination is whether the respondents-tenants are entitled to deposit rent with th..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....o. 1355 of 1968. 2. Defendants are the appellants Plaintiff respondent filed Title Suit No. 66 of 1966 in the Court of Munsif, 2nd Court, Serajganj for declaration of title and recovery of possession. His case was that the suit land described in the schedule ‘Ka’ and ‘K......hman & ors......................................Respondent Judgment November 23, 1983. The Bengal Tenancy Act, (Amendment)1928, Section 3(7) Cultivation of land of another person on condition of delivering a share of the produce to that person is not a te......Reported in: 36 DLR (AD) (1984) 188. ......lease could be granted to them and therefore korfa pattan was mentioned. This position shows that Ext. C series were created for the purpose of the suit the inference drawn from such document is a question of law and there is no escape from the conclusion that the trial court was correct in draw..Category: Property Law | Date: | Hits: 27
Kad Banu & others Vs. Hajera Khatun and others, 1983, 12 CLC (AD)
....eganj. The suit was decreed. On appeal by the defendants the appellate Court below set aside the judgment and decree of trial Court and allowed the appeal. While the trial Court found the plaintiffs' possession the appellate Court below found the defendants possession. In Second Appeal the High Cour......e for attachment of the properties of the defendant and for civil imprisonment on the ground, inter alia, that the defendant had violated the order of permanent injunction and entered into suit the land forcibly in the first week of April, 1978. This application was filed on 4.9.79 and thereafter ...... This Case is also Reported in: 36 DLR (AD) (1984) 183; BCR 1985 (AD) 73. ......C provides an independent remedy to the decree holder in case the judgment-debtor violated the order of prohibitory injunction given in a decree by a Court. 3. Leave was granted to consider the question whether a petition under Order 21, rule 32 was maintainable in the facts and circumstances ..Category: Civil Law | Date: | Hits: 114
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....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. ......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. ...... No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......bsp; Shahabuddin Ahmed J.- These six appeals by the Commissioner of Income-tax have been brought before us by a Certificate granted by the High Court Division and raise the question whether the High Court Division allowed the respondent exemption of income tax on correct ..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
....a of 9.09 acres of land including a tank, which admittedly belonged to appellants in Civil Appeal No, 60 of 1983, was requisitioned under section 3 of the Emergency Requisition of Property Act, and possession was taken on 8 March 1961 for construction of WAPDA Colony. Subsequently, the land was ......(XIII of 1948), Section 3 Notice was served in 1962 but acquisition was made in 1968. So the compensation to be paid now on the valuation of the year 1962 would cause substantial injury to the land owner. There should be some proximity between the date of notice for acquisition and that of ac...... in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ...... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ..Category: Property Law | Date: | Hits: 42
Paresh Chandra Bhowmick Vs. Hiralal Nath & others, 1984, 13 CLC (AD)
....ith her and her husband in the same house and as such Hiralal was the proper person besides her to look after the property of her husband. She also contended that the property was all along in her possession. 4. The learned District Judge on consideration of evidence led by both the......n the will with a number of thumb impressions purportedly of Haricharan appearing in two previous sale-deeds, being registered, (Exts. 6 and 7). These sale-deeds recorded transfer of some lands by Haricharan to third parties a few years before his death. The thumb impressions in th......d in: 36 DLR (AD) (1984) 156. ......Appeal No. 52 of 1978.) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question is whether the High Court Division was well founded in law and fact in reversing the trial..Category: Property Law | Date: | Hits: 118
Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)
.... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ...... matter has been transferred. In the result therefore this appeal is dismissed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 153. ......d in: 36 DLR (AD) (1984) 153. ....... No. 332 of 1981.) Judgment Badrul Haider Chowdhury J.- Leave was granted to consider the question whether the expression "Court granting an injunction" in rule 2(3) of Order 39 o..Category: Others | Date: | Hits: 93
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. ......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. ...... This Case is also Reported in: 36 DLR (AD) (1984) 146. ......id not take any steps to protect the properties. The appellant, therefore, filed Miscellaneous Case No. 958 of 1981 under section 47 of the Code of Civil Procedure claiming that the decree in question is incapable of execution in view of Article 14 of the Bangladesh Abandoned Property ..Category: Property Law | Date: | Hits: 47
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