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National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......was disposed of but ultimately the Assistant Commissioner of Taxes re-opened the assessment for the aforesaid years on the ground that the assessee did not include the income derived from the house rent received by him. Assistant Commissioner of taxes assessed the house rent for 9 units building..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......etitioners are the monthly tenants of the Waqf Estate on the basis of the written agreement in the respective shops which are semipucca structures, that Mutawalli of the Waqf Estate refused to accept rent on November 19, 2001 and thereupon the tenants of the respective shops sent rent by postal mone..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......and the contesting defendants as his heirs have been possessing the suit land for over 12 years. The S.A. record was also correctly prepared in their names accordingly. 9. The plaintiffs filed 11 rent receipts Ext.1-1(R) showing payment of rents to the ex-landlord in respect of the suit land. Th..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......a Chandra Karmaker, son of Haridas Karmaker to whom the land in suit belonged, that he owned and possessed the land upon mutating his name in the revenue record and in other official records and paid rent as well as the municipal holding taxes, that he let out portion of the suit property to the mon..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......he said company become defunct; and the then Government of East Pakistan, filed three certificate cases Nos.3 of 60-61, 9 of 60-61 and 12 of 60-61 against the said company for realization of arrear rent by putting the suit property in auction; that the plaintiff-respondent being the highest bidd..Category: Property Law | Date: | Hits: 40
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......mission, PLD 1966(SC)1 (26) where Cornelius, C.J. observed thus; It must be remembered that a requirement of finality of determination contained in the constitution is to be placed on a wholly different and certainly at a much higher level than provisions in sub-constitutional statutes giving fina..Category: Election Law | Date: | Hits: 102
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......ccordingly P.R.R. and M.R.R. Khatians have been prepared and published. Nur Ahmed and others were in need of money and sold the same to the plaintiff who has possessed the same by paying rent. The petitioner Nos.1-3 have no right, title, interest and possession in the suit land. T..Category: Property Law | Date: | Hits: 41
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......intiff paid necessary fees and also made payment of river tax to Chittagong Port and that the defendant No.6 declared about storing of the goods to the customs in form-C and the plaintiff paid rent for the storage and along with the defendant No. 6 jointly executed a bond in favour of the de..Category: Business or Commercial Law | Date: | Hits: 121
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. .......7) as the sole heir and while he was in exclusive possession of the property so inherited, he sold .81 acre of land out of 1.15 acres of land of C.S. Plot No. 685 to the plaintiffs by 7 different kabalas in 1969 and delivered possession of the same to them and they got their names mutated ..Category: Property Law | Date: | Hits: 40
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......ing which the suit was filed are, that premises in suit belonged to plaintiffs' predecessor Mir Baksha Miah and the said premises was let out to the defendants on November 14, 1960 on monthly rental basis. The defendants were running a business of Hotel and Restaurant in the premises so let..Category: Property Law | Date: | Hits: 46
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......ning to CS Plot No. 177 of CS Khatian No. 49, SA Plot No.286/310 of SA Khatian No. 165 (Sabek) and 137(hal) of Mouza Begunbari, PS Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes, etc. but they were dispossessed therefrom illegally by 'Mastans' on 16-10-2000 with..Category: Property Law | Date: | Hits: 37
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......with the judgment under appeal displaying certain purely religious sentiments which a Court of law established by law has nothing to do and on my perusal of the impugned judgment no illegality is apparent therein to be interfered with, I am of the view that the provision of Article 31 of the Constit..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......ls for the excess amount and in that situation the respondent No.1 had no other alternative but to stop the remaining works and the High Court Division having dismissed the appeal affirming the concurrent findings of facts as above the decision of the High Court Division does not call for any interf..Category: Civil Law | Date: | Hits: 109
Abdul Hakim Howlader Vs. State, 1990, 19 CLC (AD)
....bove, and prayed for bail pending disposal of the appeal but the learned judges of the High Court Division rejected the prayer for bail. 3. While granting leave as well as the ad interim bail we expected that the appellant would take steps for disposal of the appeal as soon as possible. Over ......ourt Division at Barisal for placing the matter before the Division Bench at its next Session there. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 178 ..Category: Criminal Law | Date: | Hits: 64
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......started living there together after erecting huts as monthly tenants of the land. Raj Kumar died in 1939. The landlords filed Title Suit No. 170 of 1940 in the 3rd Court of Munsif, Comilla for arrear rent and eviction against Surya Kumar and the heirs of Raj Kumar including the appellant. The landlo..Category: Tenancy Law | Date: | Hits: 169
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......hedule belonged to Tasaruddin who died leaving son by name Tofazzal Hossain, a daughter by name Amena Khatun and a widow Jamila, that after death of Tasaruddin the land of 'Ka' schedule was put to rent sale in execution of rent decree and the land of 'Ka' schedule was purchased by Khatemon, wife..Category: Property Law | Date: | Hits: 67
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......cision was upheld in appeal upto the High Court Division. After the disposal of the appeal the plaintiff came up with an application before the Revenue Authority for paying the salami and the rent and his prayer was allowed. Accordingly he paid the salami and rent for the disputed land till..Category: Property Law | Date: | Hits: 35
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......lant has been carrying on a snack bar business under the name and style of M/S. Cafe-Corner in a shop room on the ground floor of 21, Motijheel Commercial Area, Dhaka under the plaintiff at a rental of Tk. 300/- per month. He is a defaulter in the payment of monthly rent from November, 1981..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......easuring 1.09 acres. It is the case of the plaintiffs that the land in suit listed in C.S. Khatian No. 24 belonged to Brajendra Kishore Roy Chowdhury and he on receiving Tk. 50/- as salami and fixing rent at Tk.5 and annas 4 settled the land with Jobed Ali Pramanik by an Amalnama dated Falgoon 25,13..Category: Property Law | Date: | Hits: 42
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....udge also misconceived and misread the scope of section 43 of the Companies Act, 1994 inasmuch as the same has not made any distinction 'between the payment made by a prospective buyer of shares or expected director of the company either before incorporation of after incorporation and as such the ......apital and it is to be taken into consideration that the paper dated 06.06.2000 is not a legally constituted paper and obviously it has no evidential value. The respondent No.3 is director and currently the Vice-Chairman of the Bank the transactions referred to have nothing to do with the Bank..Category: Banking Law | Date: | Hits: 185
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