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Amirul Islam Vs. Sec, Min. of Land Administration & Land Reforms, Bangladesh, 1988, 17 CLC (AD)
....ier one which has given rise to certain rights shall have to be founded on some statutory provisions. In the context of the facts of this case, we are clearly of the opinion that as a result of cancellation of the notification under Acting President's Order, certain rights have accrued in fa......e modified and recalled for which no exception could be taken. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 52 ..Category: Property Law | Date: | Hits: 49
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ......e application. 2. Plaintiff-appellant and the predecessor of respondents 3 to 6 instituted Title Suit No. 262 of 1975 in the First Court of Munsif, Gopalganj for a declaration that order of mutation dated 10.5.1975 was null and void and not binding upon them. 3. When the suit was ..Category: Property Law | Date: | Hits: 32
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....r of Fishery cancelled the lease whereupon the petitioner challenged the order by way of writ, namely, Writ Petition No.19 of 1982. The rule was made absolute and the High Court Division declared the cancellation order as void, whereupon the appellant was inducted into possession in September, 1982.......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....n of the suit, to get her name mutated, presumably on the strength of the alleged oral gift of the suit land in the year 1967. Contention of the Corporation is that mutation of the appellant name on cancellation of its name was made behind its back and without any notice. Be that as it may, this mu......d protect the interest of the Company. In these circumstances, the claim of the Plaintiff Corporation that appellant No. 2 stood in fiduciary relation with employer is found well established. As to mutation, it appears that the Corporation took steps in 1975 and got its name mutated in the record ..Category: Others | Date: | Hits: 104
Sree Monoranjan Banik & anr Vs. Sree Nitya Ranjan Karmakar & ors., 1987, 16 CLC (AD)
....the Transfer of Property Act. The impugned order does not call for any interference. The petitioner is dismissed. Ed. This Case is also Reported in: 1987 BLD (AD) 122. ....... 5. On behalf of the petitioner it is now contended that the learned Single Judge exceeded his revisional jurisdiction in reversing the concurrent finding of the Courts below that the mutation orders were not binding for non-service of notice and other irregularities on their v..Category: Property Law | Date: | Hits: 43
Comm Taxes, Dhaka (East Zone) Vs. M/S. Macneil & Kilburn Ltd., Adamjee Ct, Dhaka, 1987, 16 CLC (AD)
....ss of Secretaryship did not affect the income earning apparatus of the company at all. It appears from the Income Tax return that the business of company did not suffer any setback due to the cancellation of the contract and it had "practically no impact on the trading capacity of the ...... In the result, therefore, this appeal is allowed. The judgment and order of the High Court Division is set aside and that of the Tribunal is restored. There will be no order as to costs Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sufia Khanam Chowdhury Vs. Faizun Nesa Chowdhury, 1987, 16 CLC (AD)
.... High Court Division after hearing the matters together dismissed the appeals but directed the plaintiff of T.S. No. 532 of 1967 to amend her plaint within two months, so as to include a prayer for cancellation of the document failing which, it was further directed, her suit would stand dismissed......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 86
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ......to a stranger claiming the property as his own, whereas it belonged to him and his two minor brothers. The purchaser possessed the property openly, exclusively and in assertion of his own title or mutation of his name and by payment of rent. The minors took no step co assert their title for long..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ...... custody of his constituted attorney Mr. Ashutosh Datta Roy, an Advocate and his younger brother Narendra Nath Basu, defendant no. 1. Defendant no. 2 is the wife of defendant no. 1. She applied for mutation on 11-3-58 claiming to have purchased the suit land on the basis of a kabala dated 9-2-57..Category: Property Law | Date: | Hits: 34
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115..Category: Fiscal/Taxation Law | Date: | Hits: 80
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....etween the Appellant and Respondent and such act is reprehensible………(27) Appellant firm has succeeded in establishing that there has been suppression of truth, absence of prior notice before cancellation, non-compliance with the terms of agreement and malafide on the part of the respondent ......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ..Category: Business or Commercial Law | Date: | Hits: 118
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......r a co-sharer in the transferred holding. 5. The appellants in order to prove that the original jama had already been separated the pre-emptor also paid rents accordingly with the knowledge of the mutation case, called for Register II from the local Tahshil Office. The local Assistant Tahshilder ..Category: Property Law | Date: | Hits: 52
Jabed Ali Sarker Vs. Dr. Sultan Ahmed and another, 1975, 4 CLC (AD)
.... of the firm with the true dale of his so writing, or in any other effectual manner." 14. The intent of the Legislature, it appears from the above provision is clear that the cancellation of the adhesive stamps should be in a manner that it cannot be used again. The adhesiv...... claimed to have purchased the said 520 shares in respondent No. 2 on 12-4-70 for Taka 4,600/00 by a deed of transfer executed on non judicial stamps wroth Taka 70/00 and applied to the Company for mutation of his name on 19-4-170 in the Share Register in place of the transferor. Kamala Kant..Category: Business or Commercial Law | Date: | Hits: 113
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......cipal areas. In deciding the third question the learned Judges held that since during the pendency of the pre-emption proceeding the record of right was changed in the name of Salina Bai by mutation, the appellants ceased to be co-sharer tenant and, accordingly, pre-emption was not availa..Category: Property Law | Date: | Hits: 47
Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ......the plaintiffs to get vacant khas possession of the suit property and eviction of the defendants or their men; (iii) For a decree declaring that the plaintiffs are entitled to the mutation of their names in respect of the suit property and to get the membership with the Baitul A..Category: Property Law | Date: | Hits: 60
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....is appeal by special leave arises from a judgment of the High Court Division in First Appeal No. 38 of 1969 dated August 28, 1974 reversing that of the Subordinate Judge and dismissing the suit for cancellation of sale-deed dated February 7, 1964 on declaration that it is fraudulent, illegal......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....ulfilled, proceeding under section 34 can be initiated and the industrial under-taking would be assessed as if no tax-holiday were to have been granted. Provision has been made for cancellation of the approval of tax-holiday if undertaking applies to the Government for such can&s......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ...... stated that as she pays income tax, she submits Income Tax Returns in her own name showing the income and expenditure. The defendant in support of her claim produced a number of documents. In the mutation case prayer of the defendant for correcting the records relating to Ruplal House, wherein ..Category: Property Law | Date: | Hits: 448
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....es went on trial and the main question was whether the Government's action was authorised by law and whether the writ was maintainable. The learned Judges of the High Court Division found that the cancellation of the lease was malafide and it was assumed that prior to the cancellation re-allotme......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ..Category: Property Law | Date: | Hits: 53
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....y abandoned property is held, occupied or managed by a person, where, such allotment, lease or agreement has been granted or entered into after the 25th day of March, 1971, and on such termination or cancellation, the Govt. can demand surrender of possession of the property, and if the person failed......rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 93
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