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Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....ation of the disability of the person affected thereby. Under section 28 of the Limitation Act, as the determination of the period of limitation for instituting a suit for possession of any property, the right to such property shall be extinguished. Under Article 44 of the Limita......gh Court Division (Civil Appellate Jurisdiction) Present: S. M. Husain J Abbas Sheikh & another......................Defendant-Appellants Vs. Md. Abu Hossain Sarkar and others ........Plaintiffs-Respondents Judgment June 7, 1977. Result: The app..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
....re rightly included as petitioner's assets for the purpose of insurance against war risk.
4. Next point is as to the insurable value of the petitioner's properties. The value of the property is as rule 8 of the War Risks Insurance Rules, 1965 shows, the actual Value minus usual dep......Shahabuddin Ahmed J
Abdul Matin Khan Chowdhury J
Amin Jute Mills Ltd.......................................Petitioner
Vs.
Enquiry Officer, War Risks Insurance, East Pakistan Zone and others......Respondents
Judgment
May 5, 1977.
Result:
The rule is made abso..
Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
Mainuddin Khan Vs. State, 1977, 6 CLC (HCD)
....to seek that the good name of the Government is not allowed to be tarnished by such irresponsible officers and such high-handedness is not repeated against a citizen, the protection of whose life and property is the sacred duty of the State. In the result, the rule is made absolute. The proceed......-divisional Magistrate, Sadar, South, Barisal. 2. Facts leading to this rule, in brief, are that the petitioner was the proprietor of a firm named, M/s. Bangladesh Decorators situated in Barisal and carried on the business of supply of tables, chairs, utensils etc. on hire. On 30-1-76 a letter ..Category: Criminal Law | Date: 19 Apr, 1977 | Hits: 1
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....ime Convention Act, 1911 is quoted below: “1(1) Where, by the fault of two or more vessels, damage or loss is caused to one or more of those vessels, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degre......149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)
....the land along with buildings for a consideration of Rs. 60,000/- to the Muslim Commercial Bank Ltd. by a registered deed of conveyance dated 6th April, 1948, and that the said Bank conveyed the said property to the petitioner. Since then the petitioner had been in ownership thereof after mutating i...... Jurisdiction) Present: Ruhul Islam CJ M.H. Rahman J M/s. Free School Street Property Ltd. Dacca………………Petitioner Vs. Bangladesh and another……………………………&..Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
.... of President's Order No.16 of 1972. As regards the question with regard to the assets and business of the firm in question the High Court Division has found that with a view to holding a certain property of absentee owners to be an abandoned property it is to be seen if the Government has forme......e Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Fazle Munim J Govt. of People's Republic of Bangladesh and others……………..Appellants Vs. M/s. Speedbird Navigati..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....or of the East Bengal State Acquisition and Tenancy (Amendment) Ordinance, 1956 (E.B. Ord. No.III of 1956), or of any other law making any amendment in the said Act, or of the acquisition of any property made under any provision thereof is challenged or called in question shall abate, and all o...... Case is also Reported in: 30 DLR (AD) (1978) 123. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....fs Ordinance to appoint an official Mutawalli on such terms and conditions as to remuneration and other matters as the Administrator may think fit for the administration and management of a waqf property and institution attached thereto. In the instant case it does not come within the purview o...... Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ..Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
....oration tax and taxes on income other than agricultural income; (d) estate and succession duties; (e) taxes on the capital value of assets, not including taxes on capital gains on immovable property; (f) taxes on sales and purchases; (g) terminal taxes on goods or passengers...... as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......ing Co. Vs. Irving, (1905) AC 369; Saeed Ahmed, (1964) 16 DLR 484 (SC); Quilter, (1882) 9 QBD 672 (CA); Smith, (1901) AC 297, 305; West, (1911) 2CH. 1; I.T.Commissioner, (1916) 2 KBD 249; Delhi Cloth and General Milk, 54 JA 421; DaiVanayaka Reddiyar, ILR 50 Mad. 857; Ram Singha, ILR 50 All. 965; Uni..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....that they were living in India long before the Declaration of Emergency. It is also true that during the period of Emergency they were residing in India when their properties were declared enemy property. From these facts, it cannot be said conclusively that the appellants have either lost the............Appellant (In Civil Appeal No. 61-D of 1970). Monoranjan Saha.............Appellant (In Civil Appeal No. 62-D of 1970). Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others............Respondents (In both the appeals Judgment ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
....Advocate for the petitioner referred to the provision of section 8B of the Act. His objections to the order of withdrawal are several. First, the government had no authority to withdraw any property from acquisition after the payment of compensation money. Secondly, there has been no gazet......urt Division
(Special Original Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Abdul Mannan................................Petitioner
Vs.
Ministry of Land Administration and Land Reforms,
Govt. of Bangladesh………….........
Category: Property Law | Date: 2 Sep, 1975 | Hits: 3
....sed by a statutory body like the respondent No. 1, it should be exercised fairly and in accordance with the rules. We have been told that there are no rules regulating the manner of allotment of such property owned by the respondent No.1. In the absence of any such rules minimum fairness should be o......
Md. Shahabuddin ………………Petitioner
Vs.
Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Buildings, Dacca and 2 others……………Respondents
Judgment
August 28, ..
Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1
....ued by this Court on 11th January 1971 calling upon the respondents to show cause why the order dated 2-8-69 passed by the Secretary, Revenue Department, setting aside the order of requisition of the property in dispute dated 15-8-68 should not be declared to have been passed without lawful authorit......July 30, 1975.
Result:
The rule is discharged
Lawyers Involved:
Mirza Golam Hafiz, with Md. Abdul Aziz—For the Petitioner.
M.M. Haque, A.A.G.—For Respondent No. 1 and 2.
Ahmed Subhan with A. Hasib and A.Y. Salehuzsaman—For Respondent Nos. 4 and 6.
..
Category: Property Law | Date: 30 Jul, 1975 | Hits: 3
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....t of the People's Republic of Bangladesh………Respondent Judgment May 22, 1975 Result: The Rule is made absolute In the presence of any family member no property can be treated as abandoned property even if the owner of the property is absent— ......nbsp; ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
....ay, in the ordinary course of enjoyment, be used, he will not, in the absence of negligence on his part, be liable though damages result to his neighbor in the ordinary enjoyment by the latter of his property for it lies with the latter to protect himself from the operation of the natural laws: But,......;
..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
.... and inappropriate. Since it does not indicate or mean transfer as recognized by law under the provisions of the above-mentioned Order, the Government could, he submitted, only transfer the abandoned property but had no authority to place it under an organization, like the Sena Kalyan Sangstha, as h......(In Writ Petition No.1 of 1973) Messrs. Gadit Industries Sramik Samabaya Samity Ltd...Petitioner (In Writ Petition No. 22 of 1973.)
Vs.
Govt. of the People's Republic of Bangladesh and 5 others..........Respondents (In both the cases)
Judgment
April 28, 1975.
Result..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....forcibly turned him out of the shop on 22.9.71 with the help of some military personnel. The petitioner also got 3 sheets of blank paper signed by him. The respondent No. 2 prayed for recovery of the property in question. 3. The petitioner filed a written objection wherein he stated that the re......975 Result: The Rule is made absolute. Cases Referred To- Farquharson Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets; Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 Lawyers involved: M. H. Khandker-Fo..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....d that succession in such a case takes place with regard to such international rights and duties of the predecessor as are locally connected with the part of the territory broken off or to the fiscal property found in that part of the territory or to certain other matters, but with regard to the tre......5. Lawyers Involved: Moinul Hossain, Mozammel Hoque Khan —For Petitioner (In both the Rules). M. Hafizullah—For Opposite Party (In both Rules). Civil Revision Nos. 628 and 629 of 1973 Judgment D. C. Bhattacharya J. —These two rules raise a certain ques..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....ns of gradual accession. There are no words which imply the confiscation or destruction of any private person's properly whatever. If a regulation is to be construed as taking away any body's property, that intention to take away ought to be expressed in very plain words or be made out by ve...... Vs. Babu Indu Bhusan Gupta & others ................Respondents Judgment April 17, 1975 Result: The appeal is dismissed. Cases referred to- Satyadhran Ghosal and others Vs. Smt. Deorajin Debi and another, A.I.R. 1960 (S.C.) 941; Sundar Ahir and others Vs. Ph..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
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