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SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....de by him, he must communicate to the assessee the substance of the information so proposed to be utilized to such an extent as to put the assessee in possession of full particulars of the case he is expected to meet and should further give him ample opportunity to meet it, if possible. 19. In th......ad duly supported by building plan, explanations of investment and other particulars and without asking for further particulars it was open to the Department to resort to estimate and work out a different amount of investment and include the surplus so worked out to the income of the assessee as inc..Category: Fiscal/Taxation Law | Date: | Hits: 151
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......land appertaining to plots No.1093/1250/1786 of Khatian No.1044 and Malancha Dasi got the same executing kabuliyat on 19-6-1946. Rent suit No.1660 of 1952 was filed against Malancha for nonpayment of rent and the same was decreed. In execution of the said decree, the suit land was sold in auction. T..Category: Property Law | Date: | Hits: 123
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....tronise crimes in the society. Consequentially, various democratic and important institutions in the country are increasingly becoming weak and are thus not in a position to perform their desired and expected role to the utter despair and despondency of the citizenry. This calls for drastic measures......respondents and also by the Amici Curiae that the impugned Act was passed to strengthen, consolidate and institutionalize the democracy in Bangladesh. 35. The learned Attorney‑General, in an apparent reinforcement of the argument in support of the non‑party caretaker government, submitted tha..Category: Constitutional Law | Date: | Hits: 215
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......Abul Hossain P.W.5 followed them upto Chawkbazar. On reaching Chawkbazar the Bangladesh national got out of the Baby‑taxi and about 20 minutes thereafter came back with 4 bundles of clothes of different colours which was handed over to Mr. Kashem who is in his turn handed over the same to Mr. Inno..Category: Criminal Law | Date: | Hits: 164
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......red by such deed. (b) When possession is not given or agreed to be given as aforesaid, Explanation—A mortgagor who gives to the mortgagee a Power of Attorney to collect rents of a lease of the property mortgaged or part thereof, is deemed to give possession withi..Category: Fiscal/Taxation Law | Date: | Hits: 269
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ...... delivery is not practicable) affixed to a conspicuous part of the property." "107. A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument." "110. Where the time limited by a lease of im..Category: Property Law | Date: | Hits: 103
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......y Office Dinajpur. The plaintiffs first let out the suit premises to Bibhuti Bhushan Deb father of the defendant and after Bibhuti’s death in 1971 let out the premises to the defendant at a monthly rent of taka 30.00 from March 1972 and subsequently the rent was enhanced to Taka 60.00 per month. T..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......he judgment debtors for setting aside the auction sale. The facts in brief are that the decree-holder-auction purchaser instituted Rent suit No.496 of 1960 against the Respondent for realisation of rent due to him and a decree was passed in the said rent suit in his favour. The decree was put in e..Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......nal decree became necessary because in the meantime the landlords interests were acquired by the Government and the revisional settlement operation started. As the suit plots were recorded under different plot numbers and khatian numbers, and some of the defendants died in the meantime, the partie..Category: Property Law | Date: | Hits: 78
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ...... possession of the suit land. Accordingly, MRR Khatian was finally prepared and published in the name of Devendra Kumar Chokroborti and Devendra while on owning and possessing the suit land by paying rent and taxes sold the suit land by registered kabala dated 18-1-1971 along with other lands to the..Category: Property Law | Date: | Hits: 88
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......or the alleged offences. So the trial if held under the Act it would be in violation of Article 35 of the Constitution which provides that no person can be subjected to a penalty greater than or different from that which might be inflicted under the law in force at the time of the commission of the ..Category: Criminal Law | Date: | Hits: 76
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372.......nment and taking advantage of this wrong recording of the suit land the defendant No.12 and many others took settlement of the suit land from the government illegally. 3. The defendants, in different sets contested that suit. Their material case was that the suit land, admittedly, was the kha..Category: Property Law | Date: | Hits: 68
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ...... the suit for declaration and partition on the averments, inter alia, that their father late Ramoni Mohan Saha was a tenant in the suit land under the landlord Praddut Kumar Tagore. Because of arrear rents, the landlord instituted a rent suit against Ramoni Mohan Saha and got a decree. In a subseque..Category: Property Law | Date: | Hits: 66
Category: Property Law | Date: | Hits: 113
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......shoy Kumar Saha Banik and Rangubala Choudhurani; and that a separate tenancy was created in favour of Ayesha Khatun by Rangubala by granting permanent lease for 99 years, reserving for herself annual rent of Tk. 1/-; and that Ayesha Khatun paid rent of Tk. 1/- to the lessor Rangubala till the rent r..Category: Property Law | Date: | Hits: 85
Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)
....ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ......of Civil Procedure for appointment of a receiver of the suit property stating, inter alia, that the defendants had constructed 22 bamboo-huts on the western side of plot No. 64, and were enjoying the rents collected therefrom to the deprivation of the plaintiffs. The learned Judge by his order dated..Category: Civil Law | Date: | Hits: 130
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
.... the Rule is discharged. The ad interim order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... land with some other lands in equal share. Defendant No.1 Md. Shahar Ali and one Mafizuddin Sheikh took pattan of 1.16 acres of land appertaining to C. S. Khatian No.2325, Plot No.2719 on depositing rent for the land. While in peaceful possession and enjoyment of the same, R.O.R (S.A) Khatian No.30..Category: Property Law | Date: | Hits: 84
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367....... the said Binode Behari died in this country in 1962 as a citizen of the erstwhile Pakistan and since his death the plaintiff has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. It was further contended that the aforesaid will executed by..Category: Property Law | Date: | Hits: 88
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......ty on 4th Agrahayan 1331 BS and got a patta on the same date from the said landlord Ext. A(1) and since then they are in possession of the entire suit land except those three suit plots on payment of rents from before CS khatian in the name of Alabuddin and his heirs vide Ext. 'B' series. Their furt..Category: Procedural Law | Date: | Hits: 85
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....Board of Trustees has been made a party in the Contempt Petition. 17. With regard to the back salary, Mr. Islam submits that since the petitioner did not give any service to the Trust he cannot be expected to be paid for the years when he was absent from his work and, therefore, he is not entitle......inue his work. Equally, the Secretary of the Trust was in contempt of Court in not carrying out the order of the High Court Division and the Appellate Division. On the other hand, his malafide is apparent from his action in instigating an inquiry against the petitioner with respect to the purchase o..Category: Employment/Service Law | Date: | Hits: 156