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Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ......d for permanent injunction. It is his case that 6 kanis of land of Schedule 1 to the plaint belonged to Abdul Hakim and others in raiyati interest under landlord Badruddoza Chowdhury who obtained a rent decree in RS No. 780 of 1934 against the tenants and in execution thereof in Execution Case No..Category: Property Law | Date: | Hits: 52
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ...... by leave which arises out of the judgment and decree dated 6 November 1985 passed by a Single Judge of the High Court Division (at Sylhet) in Second Appeal No. 1449 of 1968 setting aside the concurrent decree of the courts below and dismissing the plaintiff’s suit, Title Suit No. 89 of 19..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ......r Ali Akon and others on 2nd May, 1939 on receipt of kabuliyat from them. He got an ex parte decree in Rent Suit No. 952 of 1948 in the Fourth Court of Munsif, Patuakhali, for realisation of arrear rent, against Afsar Ali Akon and others, and in that suit plaintiff No. 2 was impleaded as a profo..Category: Others | Date: | Hits: 178
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ......spondents‑ landlords filed Other Suit No.172 of 1976 in the First Court of Munsif, Chittagong for ejectment of their monthly tenant, Sukhendu Bikash Das, on, the ground of default in the payment of rent and also of bona fide requirement of the premises by them. The suit was decreed and the decree ..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......rival contentions. We therefore, propose to give our construction on the section. 4. The scheme of section 20 may be looked at. The section contemplates the sequel to the acquisition of all rent-receiving interests. The section covers the holders of all categories of land, not only the re..Category: Others | Date: | Hits: 142
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....pinion that the High Court took the correct view in answering the question referred to it under section 66(1) of the Income-tax Act. Both the appeals are dismissed with costs. Ed. ...... a matter of any importance that the business of management involves certain operations relating to the management of some immovable properties yielding periodical income in the shape of rent or compensation to the managed company. The management of such properties undoubtedly est..Category: Fiscal/Taxation Law | Date: | Hits: 114
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......iff thereafter filed the House Rent Case No. 273 of 1961 before the House Rent Controller for permission to sue the defendant for ejectment in the Civil Court on the ground of default in payment of rent wherein the defendant filed a written objection repudiating his tenancy in respect of the sai..Category: Tenancy Law | Date: | Hits: 68
Mozaffar Ahmed Vs. Md. Osman and anr, 1976, 5 CLC (AD)
.... is .barred by limitation. The appeal shall be disposed of on the evidence already on record. The appeal is disposed of in aforesaid terms without any order as to costs. Ed. ......suit has been upheld both in first appeal and second appeal. The High Court in brief judgment has dismissed the second appeal only on the ground that the courts below had come to a clear concurrent finding that the properties sought to be dedicated were not properly described and, as su..Category: Trust/Waqf Law | Date: | Hits: 239
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ...... belonged to one Kasturi Chand Bermecha, the predecessor of the plaintiffs, who belonged to the Mitaksara School of Hindu Law, that defendants No. 1 to 5 are co-parceners of the plaintiffs, that different co-sharers have made over possession of some of the joint properties to defendant Nos. 6 and 7 ..Category: Property Law | Date: | Hits: 93
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......z Mia, and defendant respondent, Khadem Ali Meah centres round the land belonging to Nalini and his wife Sarala. They left the country for West Bengal in 1962. Their rayati holding fell in arrears of rent which prompted the Government Acquired Estate to start four certificate proceedings. They are c..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......l Procedure. In deciding the District Judge or a Subordinate Judge whose decision was made final was a Court subordinate to the High Court the learned Judge reviewed a number of decisions of the different superior Courts in the Indian subcontinent which need not be considered afresh by us, and rea..Category: Trust/Waqf Law | Date: | Hits: 182
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
.... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ......nce at the rate of 20% over the grade pay. The medical facilities were allowed to him as per Government Rules. The residential accommodation would be provided by the company on payment of rent at the rate of 7-1/2 of his basic pay. The foreign employer will pay contribution towards pen..Category: Employment/Service Law | Date: | Hits: 81
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......e kind of interest affected by the sale as has been contemplated in Order 21, rule 90 of the Code. It, is true, learned Counsel has contended, that a private limited company is a juristic person different from the body of its share-holders and is, in law, the owner of all its properties, and a share..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
.... alleged cancellation was not valid. It was also observed that the peremptory manner, in which the Government and its officers dispossessed the Respondent, savored of vindictiveness, which was not expected from its responsible officers. 6. Mr. Attorney-General appearing for the petitioner...... name of the Company M/S. Abdul Tayab Jiwaji was replaced by the new name of the Respondent company in all the relevant offices of the Government, the Respondent paid the property tax, ground rent, betterment' tax and other taxes and concluded that the Respondent was not an unauthorised occ..Category: Property Law | Date: | Hits: 57
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....uthority of the country may interfere with the normal implementation of the law in respect of execution of such commission. But in such a case the order issuing a letter of request is not expected to meet with a better fate. The Court issuing a commission or a letter of request for pur......ountry was not considered in the earlier order and that as it involved the question of jurisdiction the matter should be reconsidered. It appears that this application was considered by a different Subordinate Judge, who, being of the view, relying upon the decision of the Supreme Court of ..Category: Civil Law | Date: | Hits: 108
Mosharraf Hossain Vs. Bangladesh Jute Industries Corporation and others, 1977, 6 CLC (AD)
....gned order has anything to do with the non-suiting of the plaintiff, if he has an arguable case on merit. For these reasons we find no merit in this petition. It is dismissed. Ed. ......ience is to refuse prayer for temporary injunction. 6. Mr. Sobhan has next argued that the learned judges had under section 115 C.P.C., no jurisdiction to interfere with the concurrent findings of the courts below, and has cited some Privy Council decisions. The enunciation of ..Category: Procedural Law | Date: | Hits: 107
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....ejecting civil petition for Special Leave to Appeal No. 141 of 1975. The Courts below were right in rejecting the petitioner's plea. There is no substance in this petition which is dismissed. Ed. ......substance in the objection raised by the petitioner. On a Second Appeal to the High Court the learned Single Judge who heard the appeal dismissed the Second Appeal summarily relying upon the concurrent finding of the Courts below that the disputed land had been correctly described in the executio..Category: Tenancy Law | Date: | Hits: 89
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ...... of section 6(e) of the General Clauses Act any investigation or legal proceeding started under the repealed statue would not be affected by the subsequent repeal of the said statute unless a different intention appears in the repealing statute. It has also held that there is nothing to show tha..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....se the said tax in non-municipal areas. Rule 4 of this Chapter provides that the annual letting value of a holding shall be deemed to be gross annual rental at which, the holding may reasonably be expected to let, regard may be had to the rent of the holding in the vicinity of the like size......as been given the authority to assess and realise the said tax in non-municipal areas. Rule 4 of this Chapter provides that the annual letting value of a holding shall be deemed to be gross annual rental at which, the holding may reasonably be expected to let, regard may be had to the rent of th..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......ormed that formal proceedings were being drawn up against him. The charges were formally communicated by a memo 13-11-72. It was alleged that the petitioner had allotted a few bales of yarn to different persons in weaving factories and thus misused his official position which amounted to miscond..Category: Employment/Service Law | Date: | Hits: 170
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