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Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....dated 3.7.1991 allowed their prayer cancelling the order of appointment of the receiver and also allowed the appellants to withdraw a sum of Taka 1,69,100.00 which was lying in deposit in Court as income of the said property and the learned Single Judge of the High Court Division by the impugned...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Kamiruddin and others............................... Appellants Vs. Md. Mokshed Ali Biswas and ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
.... case is that the properties described in schedules 'Ka' Kha' and 'Ga' belonged to Jamiruddin, their father, whereas the properties standing in schedule 'gha', 'uma' and 'cha' were acquired by the income of the property of Jamiruddin. In respect of 'chha' with the ejmali funds ie, schedule ie, t......-Hakim J TH Khan J Basiruddin Sarkar................Appellant Vs. Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
Premhari Barman and others Vs. Commissioner of Taxation, East Pak. Dacca, 1972, 1 CLC (HCD)
....tition and separation. (II) Whether in the facts and circumstances of the case viz, oral partition of Joint Family properties, separate possession and separate enjoyment of agricultural income in definite shares by the members, separate residence, separate funds, the Hindu undivided ...... Ed. ......ingly, our answer to the second question is in the affirmative. 12. In view of the facts and circumstances of the present case, we direct the parties to bear their own costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....the plot No.3 of the second schedule and the property of Taluk No. 32, which was sold for arrears of revenue and since the defendant No. 1 had purchased the same in the benami of his wife with the income of the property left (194) by Syed Idris Ali, she has got right, title and interest in that ...........Appellant Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involv...... asserted that Syed Idris Ah' was the 16 annas owner in possession of all the properties except the plot No.3 of the second schedule and the property of Taluk No. 32, which was sold for arrears of revenue and since the defendant No. 1 had purchased the same in the benami of his wife with the inc..Category: Property Law | Date: | Hits: 59
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......pondents. Ed. ......ntiguous to the char Bheduria in Bhola police station. The new formation practically began in 1362-63 BS and continued till 1372-73 BS and became fit for settlement from 1373 BS and since then the revenue authorities of Bhola has been managing this newly formed char as 'lapta Payasti' land of mo..Category: Property Law | Date: | Hits: 81
Daulatpur Jute Mills Ltd. Vs. Income Tax Officer and ors., 1972, 1 CLC (HCD)
....s in two petitions, has contended that the subsequent amendments made in section 34 of the Income Tax Act extending the period of limitation for the purpose of assessing or re-assessing an escaped income are not applicable to the case of assessment or reassessment of escaped profits under the Bu......etitioner Vs. Income Tax Officer and ors...............Respondent Judgment July 3rd, 1970. Cases Referred To: ......ugned notice and all proceedings thereunder as without lawful authority and of no legal effect. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 106
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
.... out of the joint funds and accepted the case of the defendant that the property acquired by two documents from Chandra Kumar was the self-acquired property of Raj Kumar out of his own independent income. The plaintiff having felt aggrieved by the latter part of decision of the learned Munsif as......il Appellate Jurisdiction) Present: Nurul Islam J Basanta Kumar Basak.............Plaintiff—Appellant Vs. Santosh Kumar Basak and others........Respondents Judgment July 23rd, 1970. Cas......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Shuk Deb and another Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....dication of the No. 3, Harish Chandra Bose Street, the property in question, to Sree Sree Lakshmi Narayan Jiu Thakur, the family deity and his children were made the Shebaits of the said deity. All incomes of the property, according to that deed, vested in the deity and only the minimum expenses......without any order as to costs. Ed. ......of the matter, the impugned order dated 19.8.1967 (Annexure "A") cannot be allowed to stand. The Rule is, therefore, made absolute but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 76
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......; Vs. Upendra Lal Sarkar...........Plaintiff-Respondent Judgment January 13th, 1970. Cases Referred to- Raja Mia and others vs Sunity Bhusan Sen in 55 CWN (3 DLR) 155; Kalikesh Biswas and others vs Gheasuddin Ahm......rded in RS Khatian No. 258 appertaining to Jote No. 138 of Mouza Jalia Palong. 2. The plaintiff’s case, in short, is that he auction purchased the aforementioned jote on 26.11.49 in a revenue sale and took possession therein on 20.8.51. It is the further case of the plaintiff that a..Category: Property Law | Date: | Hits: 67
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......rt High Court Division (Civil Appellate Jurisdiction) Present: Maksum ul Hakim J Fazle Munim J Azizur Rahman................. Defendant-Appellant Vs. Hedayet Ahmed Chowdhury and others................. Respondents Judgment July 14, 1970. Result: The appeal is ......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ...... AMM Rahman J Commissioner of Customs, Mongla Customs House and others…………Petitioners Vs. SARC Enterprise…&...... The Constitution of Bangladesh, 1972 Article 102(4) Personal guarantee instead of bank guarantee is a very weak and uncertain security which should be avoided in the best interest of public revenue and bank guarantee should be ensured………………&hellip..Category: Business or Commercial Law | Date: | Hits: 155
....l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
......late Division
(Civil)
Present:
ATM Afzal CJ
Mustafa Kamal J
Latifur Rahman J
Md. Abdur Rouf J
Bimalendu Bikash Roy Choudhury J
Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property ……………………....Petitioners
......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
..
Category: Property Law | Date: | Hits: 85
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....lared to have been made without lawful authority. This appeal is allowed accordingly without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 84; 1999 BLD (AD) 87. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. ......perty Act, 1948 (XIII of 1948), Section 8B Public Purpose (i) While erecting shops and letting them to the shop-keepers serve public purpose both by rehabilitating shop-keepers and also earning revenue for the purpose of public utility. Any purpose which benefits the public or a section of the..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....ready noted that the plaintiff by examining himself as PW 1, his wife PW 6 and his mother-in-law PW 7 positively proved that he had purchased/taken settlement of schedule 1 property out of his own income and for his own benefit in the benami of his minor son defendant No. 1 and schedule 2 proper...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bina Rani and another …………………. Petitioner Vs. Sh......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......me Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury Bangladesh Inland Water Transport Corporation………………..Appellant ......1,56,570.00 were also proved. He accepted these claims, but found that the plaintiffs have not been able to prove their claim in respect of items Nos. 4, 5 and 6 in the plaint, namely, average net revenue loss, salary and food charge of the staff of the vessel and salary of the staff for ten day..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ......ifur Rahman J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman…………………...Appellant Vs. Government of Bangladesh and 6 ors ……………………. Respondents Judg......tion 25 and the Government has utilised the wide scope for fixing tariff value without regard to the local and international market rate of the imported goods, purely for purposes of augmenting its revenue without legislative sanction. Secondly, leave was granted to consider whether by the impug..Category: Business or Commercial Law | Date: | Hits: 99
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Chairman, National Board of Revenue and others………….. Petitioners Vs. Beximco Infusions Ltd......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..Category: Business or Commercial Law | Date: | Hits: 112
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ......sp; Saitan Bibi and others………………. Plaintiff-Appellants &...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
....gh Court Division in Writ Petition No. 7756 of 1997 is hereby set aside and that of the Court of Settlement restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 180. ......te Division (Civil) Present: BB Roy Choudhury J M Amin Choudhury J Kazi Ebadul Hoque J Bangladesh, represent by the Secretary, Ministry of Housing and Public Works and another ………………….Appellant ......taking delivery of possession. Where the property is not capable of physical possession the acceptance may be shown by mutating her name in the official records, municipal papers and also with the revenue authority. It is well settled that where the donee received the deed of gift from the donor..Category: Property Law | Date: | Hits: 64
Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)
....sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......tribunal that section 14 of the Limitation Act was not applicable to the proceedings before it is held to be correct. Under section 3 of the Limitation Act, every suit instituted, appeal preferred and application made after the period of limitation prescribed therefor by the First Schedule shall......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ..Category: Administrative Law | Date: | Hits: 121
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