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Bangladesh and others Vs. Md. Abu Taher, 1978, 7 CLC (AD)
....nd for granting leave, the second ground becomes redundant for our answer. The appeal is, therefore, dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 33. ......s of land along with a pucca building in mouza Sen Para Parbata in Mirpur by illegal means. The value of the said property was at the relevant time of its purchase not less than 4 to 5 lac but in the sale deeds the price was shown as Rs. 80,000/- only. The property, it was alleged in the charge, was......land along with a pucca building in mouza Sen Para Parbata in Mirpur by illegal means. The value of the said property was at the relevant time of its purchase not less than 4 to 5 lac but in the sale deeds the price was shown as Rs. 80,000/- only. The property, it was alleged in the charge, was purc..Category: Employment/Service Law | Date: 12 Jul, 1978 | Hits: 96
....n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......er Nabab Ali and others, and the same, was auction; sold m pursuant to a rent decree for arrears of rent and the plaintiff's father, Mujahar Ali, purchased the entire raiyati on 23.1.1936 and the sale was duly confirmed on 27.2.1936; Mujahar Ali obtained the sale certificate and delivery of poss......t he paid the auction money and purchased the suit land in the name of the plaintiff's father and was in possession of the same Defendants No. 2 and 3 along with the plaintiff agreed to execute a deed of release in favour of defendant 1 but on 30.7.52 a deed of release was executed and registere..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....ffer punishment of death by hanging by neck till death (Annexure-C). 7. Kamal, the brother of Abulal the condemned prisoner was informed by the Deputy Jailor, Dacca Central Jail that the date of execution of the condemned prisoner has been fixed on 18-4-78 and he was instructed to take delivery....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......t away the plaintiffs jute from the suit land under the cover of an order under section 144 of the Code of Criminal Procedure. The defendant's case is that he purchased at a certificate sale C.S. Plot Nos.449, 450 and 451 and 4 annas share of plot No.447 and in another sale he purchase......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ......the same partners who are liable to face the loss as well in one or both the business. If same partners having the same set of shares are allowed to carry on different businesses under different deeds of partnership they will be in a position to evade of income tax which is otherwise assessable..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ......;Cr.P.C. restraining both parties from entering on the proceeding land O./C., Sitakunda P.S. it appointed receiver of the scheduled properly. He will arrange disposal of standing crop and deposit the sale proceeds to criminal deposit. To 22.12.71 for W.S.” The learned Sessions Judge has m......sion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169 ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ......;Cr.P.C. restraining both parties from entering on the proceeding land O./C., Sitakunda P.S. it appointed receiver of the scheduled properly. He will arrange disposal of standing crop and deposit the sale proceeds to criminal deposit. To 22.12.71 for W.S.” The learned Sessions Judge has m......ion Case No. 233 of 1974 is correct on principle of law. Let the records be sent down immediately. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 169. ..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......nd as lease. 13. In Ramdhandes Jhajharia Vs. Ram Krishno Das Dalmia A.I.R. 1946 P.C. 178 it is held that it is an inviolable rule that in considering the question whether a transaction is a sale or a mortgage the court must find the substance behind the form, but where the oral evidence is......s.100/00 as advance rent on 26-10-60 and the defendants were given possession in the suit land. The plaintiff's case is that the document, thought described as meadi patta, was in fact a mortgage deed. The defendants had enjoyed the usufructs of the land from Poush, 1367 B.S. by growing crops th..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
.... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ......s rejected Appeal No. 4 of 1975, filed by A Rahim by his order dated 17.2.75. He set aside the order of the deputy Collector of Customs and Excise on the ground that there had been an illegal forward sale of the imported goods without prior permission from the licensing authority. He confiscated the...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ......cases of claims against a railway for compensations, unless the suit be for recovery of specific goods alleged to be detained by the railway or for recovery of money being the surplus proceeds of the sale of goods sold by the railway under sections 55 and 56 of the Act. 15. ....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....s allegation as to non-service of notice but will proceed on the assumption that such a rent suit was filed and was also decreed ex parte and see whether his decree in the rent suit followed by it is execution can help the purchaser in any way. Mr. Chowdhury has contended that institution of such a ......f them have got their homestead therein On 13.7.59 they came to learn that the touzi was sold to one Kali Krishna Chakraborty in auction for arrears of government revenue on 22.6 55. No notice of the sale had been served upon them but a notice was found to have been issued to one dead proprietor nam...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... allegation as to non-service of notice but will proceed on the assumption that such .a rent suit was filed and was also decreed ex parte and see whether his decree in the rent suit followed by it is execution can help the purchaser in any way. Mr. Chowdhury has contended that institution of such a ......f them have got their homestead therein On 13.7.59 they came to learn that the touzi was sold to one Kali Krishna Chakraborty in auction for arrears of government revenue on 22.6 55. No notice of the sale had been served upon them but a notice was found to have been issued to one dead proprietor nam...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
....ments out of the funds of such person may be directed by the Central Government.
5. All enemy property vesting In the Custodian shall be exempt from attachment, seizure or sale in execution of a civil court decree or orders of any other authority."
15. The nature of the......pensions or provident fund contributions to or in respect of any employee of the enemy, and the repayment of any debts due by the enemy to persons other than enemies and
(vii) transfer by way of sale, mortgage or lease, or otherwise dispose of, any property or any easement, interest, ...... 22 DLR 48 that the petitioners having proved their prima facie title by showing that they were in possession of the disputed Rice and Oil Mills as Managing partners on the basis of a registered deed of partnership entered into by the said petitioners and one Chairaonjiblal Sharaf who acqu..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ...... late Badullah executed a kabala in respect of certain landed property in favour of the purchaser petitioner Aftab Mia son of late Mazar Ali. The pre emptorsWahab Ali and Chand Ali being aware of the sale on 1.3.73 filed the present Misc Case on 10 3.73 under section 96 of the State Acquis......egistration. We have thus no hesitation to hold that the right of a non-notified co-sharer tenant to apply under section 26F of the Bengal Tenancy Act accrues, only upon registration of the deed of transfer.” Mr. Hasib also relied upon a single Bench decision of the case of Abdu..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....er than the suits and appeals. It has also been decided that section 647(old), (new section 141) of the Code of Civil Procedure does not on its true construction prohibit an application for execution where a former application to that effect has been withdrawn without liberty to present a ......tions for pre-emption under section 24 of the Non-Agricultural Tenancy Act 1949 against the purchaser Md. Ibrahim Hossain and Mst. Delwara Begum wife of Md. Ibrahim Hossain respectively for sales in question, by Mohini Chandra Tarafder by deeds executed on 14.8.73 and registered on 21. 8. ......of the Non-Agricultural Tenancy Act 1949 against the purchaser Md. Ibrahim Hossain and Mst. Delwara Begum wife of Md. Ibrahim Hossain respectively for sales in question, by Mohini Chandra Tarafder by deeds executed on 14.8.73 and registered on 21. 8. 73. The applications were registered as Misc. Jud..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....fficer, after obtaining necessary sanction from the Government, executed and registered a Lease Deed on 20.4.73 in favor of the plaintiff as nominated by the auction purchaser, defendant No. 1. After execution of the Lease-Deed in his favor the plaintiff addressed a letter to defendant No. 4 intimat......or the second 10 years and Rs. 2,600/per month for the third 10 years. Further, defendant No. 4 agreed to construct a petrol pump, filling and service station on this land and to offer dealership for sale of petrol to defendant No. 1. In pursuance of this Agreement of sub-lease defendant No.1 delive......session of the suit land to his sub-lessee, defendant No.4 who, in due course constructed a petrol pump station in which defendant No.1 started business of distributing petrol from 1970. But no lease-deed in pursuance of the auction held on 12 12.66 was yet executed and registered by defendant No. 3..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ......lal Bhai. AIR 1964 (SC) 1006 may be cited where the imposition of tax was found invalid and the assessment of tax under the notification in question was declared invalid. The question was whether the sale tax that was assessed and paid by the dealer which has been declared by the court to be invalid...... deny the relief to the petitioner and to say that his remedy is available to the civil court is to put a premium for the illegality committed by the respondents and allow this to get away by a wrong deed. In this view of the matter the opinion is this direction can be made in this petition and acco..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
....d as a notorious black-marketer and smuggler and this detenu previously in 1966 was also arrested under Defense of Pakistan Rules on the ground of allegation of black marketing and he was released on execution of bond but since he has been indulging in black marketing, the detention has become neces......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ......d the judgment observed as follows: “On the authority of certain cases decided by this Court, in which it was held that co-sharers forfeited their preemptive right and rendered, the entire sale liable to pre-emption at the instance of other co-sharers, who, but for such joinder of strange......n for pre-emption…………..(7) Section 96 of the Act is not applicable since the land transferred is a homestead. The pre-emptee is bound by recital made in the deed of transfer. The homestead being a part of the holding of a raiyat is not excluded from the ope..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ...... him to show that the entry as to the purchase was wrong and that the transaction in question was really one of usufructuary mortgage. The defence case is that the transaction was really an oral sale for a consideration of Rs. 50/- and direct evidence was adduced in this regard by one Waris Dar......din Sarkar for a price of Rs.50/-did not require under the law then in force a registered instrument and could have been made orally. In those days, of course, every transfer, whether by a registered deed or otherwise, was subject to the consent of the landlord but for which the purchaser's righ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
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