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Commissioner of Taxes, Chittagong (South) Zone, Chittagong Vs. Mohammadi Trading Company, 1994, 23 CLC (HCD)

.... now is a nationalised unit of Bangladesh Sugar and Food Industries Corporation. It carries on business in both imported and locally purchased goods, commission agents and also cams income from house property and other sources. It submitted on 27.12.76 a return of income for the assessment year 1976......the absence of other previous Advocate Mr. AM Mahmudur Rahman who has since been elevated to the Bench. 2. The assessee in the instant case is a limited Company carrying on business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberatio..

Category: Fiscal/Taxation Law | Date: | Hits: 188

American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)

.... Act, 1922 which provided that all income, profit or gains accruing or arising whether directly or indirectly through or from any business connection in the taxable territories or through or from any property in the taxable territories or through or from any money lent at interest and brought into t......……….Respondent Judgment June 30, 1994. Result: The finding of the Taxes Appellate Tribunal was not justified. Cases Referred to- ITR No. 1574 (Bom) of 1974‑75; IT No. 1212 and 1213 (Bom) 1975‑76; Commissioner of Taxation Vs. Kirk, 1900 AC 588 (PC); CIT Vs. Ahmedbhai Uma..

Category: Fiscal/Taxation Law | Date: | Hits: 159

Abdul Ali and another Vs. State, 1977, 6 CLC (AD)

.... not be directly remunerated by the Government. Much stress has been put on clause (9). It May be set out; "Every Officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Govern­ment, or to make any survey, assessment or contract on behalf of t......is Case is also Reported in: 30 DLR (AD) (1978) 58. ..

Category: Criminal Law | Date: | Hits: 115

Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)

....n of a decree for arrears of rent obtained by Haladhar Dey Sarker and pur­chased by the decree-holder on 6-7-38. The sale was confirmed on 11-8-38 and delivery of possession of the auction purchased property was taken through Court on 23-1-39. The decree-holder auction purchaser having possessed th......Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..

Category: Property Law | Date: | Hits: 97

Musammat Khale­da Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)

....eries, and that having regard to the provi­sion of section 47 of the Transfer of Property Act Abdur Rashid was obliged to feed the grant by estoppel only in proportion to his legitimate share in the property transferred by the said Kabala. 8. He does not think that the learned Counsel is right i......ase is also Reported in: 30 DLR (AD) (1978) 27. ..

Category: Property Law | Date: | Hits: 102

M H Khandker, Advocate Vs. Bangladesh (for­merly Province of East Pakistan) & another, 1977, 6 CLC (AD)

....t Dhanmandi Residential Area in the, city of Dacca, by which the validity of a notice calling upon the appellant to pay cer­tain taxes in addition to annual rent payable in respect of his lease-hold property was chal­lenged. Mr. M.H. Khandker, a senior advo­cate of this Court has appeared in pers......shall, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 1. ..

Category: Property Law | Date: | Hits: 114

Shameem Ara and others Vs. Government of Bangladesh and oth­ers, 2011, 40 CLC (AD)

....e was upgraded to a University, namely Jagannath University. Section 56 of the Act, 2005 enacts provisions regarding the abolition of the Government Jagannath College and the consequent effect on the property of the College as well as on the service conditions, the continuity and sta­tus of the Pro...... (Civil) Present: Md. Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Shameem Ara and others………………………….....Petitioners (In Civil Petition No.1973 of 2010) Md. ..

Category: Employment/Service Law | Date: | Hits: 134

Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)

....d by the learned Subordinate Judge, 1st Court, Gazipur in Title Suit No. 17 of 1994 whereby the suit was dismissed. The plaintiff-appellants filed the concerned suit for partition of the scheduled property. 2. The plaint case is, that the original owners of the land appertaining to CS khatian ......CD) (2010) 54. ..

Category: Property Law | Date: | Hits: 71

Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)

....an limit of Taka 40,000 on 2-8-1980 and the defendant No. 1 furnished all the charge documents necessary for the purpose and the original defendant No. 2 SM Nazimuddin was guarantor by mortgaging his property against the sanctioned loan. The defendant No. 1 withdrew the loan amount but did not repay......) 49...

Category: Civil Law | Date: | Hits: 116

Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)

....te any offence, as the activities were a business transaction under a contract, with an element of dishonor of the cheques for an unpaid portion of the dues; secondly, there was no entrustment of any property by the FDC to the petitioner and, as such, section 406 of the Penal Code is not attracted; ......hy the proceeding, of CR Case No. 2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed or pass such other order or further orders as this Court may deem fit and proper. Further proceeding in the said CR Case was also stayed. None appears on behalf of the..

Category: Criminal Law | Date: | Hits: 95

Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)

....lic. It was held in that case that the prosecution needed to prove that the acts of the accused caused common in­jury, danger or annoyance to public or to the people at large who dwell or occupy the property in the vi­cinity and on a finding that the Courts below only found those acts to be immora...... Aroj Ali Sarder.........................Petitioner Vs. The State........................Opposite Party Judgment February 5, 1989. Cases Referred to- Jatindra Nath Vs. Manindra Nath and another, AIR 1950 Calcutta 330; Maijuddin Laskar Vs. Moulana Nurun Nabi, 16 DLR (Dhaka) 528; 10 ..

Category: Criminal Law | Date: | Hits: 76

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....1 to writ-respondent No.7 on 4.12.2004 (Annexure-K to the writ petition). On receipt of entire lease money writ-respondent No.1 registered the lease deed, and handed over possession of the lease hold property to writ-respondent No.7. Writ-respondent No.7 has since been possessing the lease hold prop...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Engineer A. B. Siddique…………………….......Petitioner Vs. Kazi Akramuddin and others……………………Respondents Order August 23, 2011. Result: Leave is gr..

Category: Property Law | Date: | Hits: 79

Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)

....ard the learned counsel and perused the connected papers including the impugned judgment. There is no dispute that the petitioner availed of loan facility from the plaintiff-bank by mortgaging landed property and it failed to repay the loan with interest. On a plain reading of the plaint it is prima......hab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mampower Ltd…………………………………..Petitioner Vs. Artha Rin Adalat No.2, Dhaka and another…………….Respondents Judgment December 15, 2011. Result The petition i..

Category: Procedural Law | Date: | Hits: 112

Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)

....he executing Court can go beyond the decree. There is no bar in law to execute the decree passed in a suit for specific performance of contract to put the decree holder into possession of the land or property decreed by the trial Court. This view is supported by the decision in the case of Maksud Al......(Md.)………………..Petitioner Vs. Sukkur Ali Mia……………..Opposite Party Judgment August 20, 1996. Result: The Rule is discharged. Case Referred to- Maksud Ali and another Vs. Eskandar Ali, 28 DLR (AD) 99. Lawyers Involved: Azizul Hoque, Advocate - For t..

Category: Civil Law | Date: | Hits: 86

Bashir Kha Vs. State, 1998, 27 CLC (HCD)

....ering into any building, etc. is said to commit house trespass. Now the expressions ‘criminal trespass’ is defined in section 441 of the Penal Code. Under this section whoever enters into or upon property in possession of any other person with intent to commit an offence or intimidate, insult, a......t Attorney-General - For the State. Civil Revision No.3141 of 1991 (Dhaka) Civil Revision No.76 of 1985 (Sylhet) Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed by the learned Session Judge, Sylhet in Criminal Appeal No.16(II)85 affirming the j..

Category: Criminal Law | Date: | Hits: 58

Chairman, Chittagong Port Authority Bandar Bhaban, Chittagong Vs. Khadiza Khatun and others, 1998, 27 CLC (HCD)

....claim in the land in question and that upon the finding that since acquisition in the year 1954 the Railway Authority being the owner of the land held that the Port Authority is the real owner of the property in question and that the respondent Nos. 1 and 2 are trespassers as they have no legal basi...... in: 50 DLR (HCD) (1998) 195. ..

Category: Property Law | Date: | Hits: 103

Habibur Rahman alias Md. Habibur Rahman and another Vs. Mobarak Ali Rari and others, 1997, 26 CLC (HCD)

....owing the purchase he duly went into possession of the case land within the full view and knowledge of Abul Hossain and his sons, the pre-emptors, and he has been in continuous possession in the said property since then. The further case of the contesting opposite party is that since the price of la......: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193. ..

Category: Property Law | Date: | Hits: 78

Dayal Chandra Mondal and others Vs. Assistant Custodian of Vested and Non-Resident Properties (L&B) and Additional Deputy Commissioner (Revenue), Dhaka and others, 1997, 26 CLC (HCD)

....eventually died as a childless widower at his native village Kakabo PS Savar District Dhaka leaving the plain as his only heir to succeed him and since then he has been owning and possessing the suit property peacefully on payment of rent to the Government Acquired Estate. The plaintiffs further cas......Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 186...

Category: Property Law | Date: | Hits: 111

Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)

.... restitution of conjugal rights can be instituted either by the husband or the wife and if there is a decree then the decree could be executed previously by imprisonment and also by attachment of the property of the defendant if the judgment-debtor is unwilling to abide by decree. But since amendmen...... the Petitioners. Faruque Ahmed, Advocate - For the Opposite Party. Civil Revision No.5195 of 1991. Judgment Muhammad Abdul Mannan J.- This Civil Revision is directed against the Judgment and Decree dated 23-3-1986 passed by the Subordinate Judge, Chandpur in Title Appeal No.125 of 1984 ..

Category: Family Law | Date: | Hits: 185

Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)

....ী হওয়ার।” 3. The substance of the claim regarding 2nd Schedule land of the plaint benefit of the involved phraseology used is that the plaintiff is seeking a declaration that this property is his own and not a wakf pro­perty. We are concerned in this appeal to see whether the su......R (AD) (1979) 249...

Category: Trust/Waqf Law | Date: | Hits: 136