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Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....dated 27 August, 1971 the land in question was transferred whereupon the respondents filed the pre-emption cats. Misc. Case No. 3 of 1971 in the Court of Munsif, Sylhet claiming that they are owners of a land which is contiguous to the 'land transferred'. The petition was resisted by the ap......ent: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Haji Tajamal Ali being dead his heirs: Kamarunnesa and ors…………..Appellants Vs. Abdus Sattar and others ............iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....lt was unloaded from May, 1978 and continued upto 31st July, 1978. Thereafter the plaintiff filed the suit. Plaintiff's case was that the salt which was loaded at Hodeidah was sold out by the ship owner at Dar-e-Salam and other salt was loaded which was brought to Chalna. (2) There was undue de......im J Ruhul Islam J BH Chowdhury J Shahabuddin Ahmed J Al-Sayar Navigation Co……………………Appellants (In Civil Appeal No. 15 of 1981). Vs. Delta International Traders Ltd. and others……………………. Respondent And Delta International Traders Ltd and others......plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 264
Commissioner of Taxes, Ctg Zone, Ctg Vs. M/s Free School Street Properties, Ltd, 1982, 11 CLC (AD)
.... 6. In the case of Karanpura Development Co. Ltd. versus Commissioner of Income Tax, West Bengal, 1962 I.T.R, P. 362 it was observed in deciding whether a Company dealt with his properties as owner, one must see not to the form which it gives to the transaction but to the substance on the m......pellant. Rafiqul Haq, Senior Advocate, instructed by Syed Sakhawat Ali, Advocate on Record.—For the Respondents, Civil Appeal No. 71 of 1981 (On appeal from the judgment and order 10.6.80 passed by the High Court Division in Application No. 155 of 1972.) ...... the activities of the assessee was business or trading. Therefore, rule 8 (9) is applicable. In the result, therefore, this appeal is dismissed without any order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....cca in Title Suit No.43 of 1963. 2. Plaintiff Mahmudur Rahman Mullick, since Dead, filed the title suit against the appellant, his wife for declaration that the plaintiff is the real owner of half of the properties described in schedule 'A' and owner of 1483/104 annas share of the p......uddin Ahmed J Nurjahan Begum, wife of Mahmudur Rahman………...................................Appellant Vs. Mahmudur Rahman Mullick being dead his heirs and legal representatives:- Musammat Nurjahan Begum, first Wife already on record as Defendant......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....d as an Additional Director and through Zohura Khatun Zahiruddin Ahmed got a suit filed, being Title Suit No, 255 of 1973 in the 6th Court of Munsif. Dacca seeking declaration that she was a lawful owner of 2200 shares and that she was duly elected a Director of the Company. &nbs...... Court Appellate Division (Civil) Present: Kemaluddin Hossain C.J Chowdhury A. T. M Masud J A.F.M. Abdur Rahman Chowdhury J Bengal Water Ways Ltd. and other.................Appellants Vs. Rahimuddin Ahmed and others……......private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 110
Chairman, D. I. T and another Vs. Chairman, 2nd Labour Court and another, 1981, 10 CLC (AD)
....al agency, and includes a clerical department of a factory or of any industrial or commercial undertaking, the office establishment of a person who for the purpose of fulfilling a contract with the owner of any commercial establishment or industrial establishment employs workers, a unit of a joint...... in: 34 DLR (AD) 37. ......gh Court Division and the Labour Court are set aside, and the petition before the Labour Court dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 37. ..Category: Labour and Industrial Law | Date: | Hits: 108
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....ed, (c) by reassessing any holding, the valuation of which has been increased by additions or alteration of the holding: Provided that no assessment or alteration shall be made unless the owner has been given a reasonable opportunity of being heard." In view of the settled principle ......is Case is also Reported in:......at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..Category: Fiscal/Taxation Law | Date: | Hits: 76
GM, Bangladesh Tea Industry Management Committee Vs. F.H. Chowdhury & anr, 1982 , 11 CLC (AD)
....I M.C. which is an Organisation of the Bangladesh Tea Board his service could be transferred to any other tea garden of the B.T. I.M.C, and not to M/s. United Planters and Traders Limited, the new owner of the Halda Valley Tea Estate. He challenged the order of transfer by filing a Writ Petition...... (Civil) Present: Kemaluddin Hossain CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J General Manager, Bangladesh Tea Industry Management Committee and another .......................Appellant Vs. F.H. Chowdhury and another&helli......t the relationship between the parties was that of Master and Servant may not be unqualified. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....iefly, is that the holding at 68, Motijheel Commercial Area comprising of an one‑storied building and 71/2 kathas of land, briefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid Abdul Khaleque Bain (co-accused), had left for Pakistan immediately a...... Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on- Record -For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....as made a defendant. Subsequently, Waziruddin was also transferred to the category of plaintiffs. 5. The plaintiffs alleged that the said Moulvi Abdul Aziz, who was the original recorded owner of all the properties in dispute, was governed by Mohammadan Law and, therefore, his widows,......4. ......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..Category: Civil Law | Date: | Hits: 117
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....ld had in the suit also joined the Insurance Company, with which the motor vehicle was insured, as a proforma-defendant upon the allegation that after the unfortunate accident the defendant No.1, the owner of the vehicle, had handed over his insurance policy to the plaintiff No. 1 to take necessary ......2. Begum Fatima Khatun.......Respondents. Sri Monmotha Nath Kuri ............................Appellant (In Civil Appeal No. 73-D of 1966.) Vs. Mvi Mohammad Mokhlesur Rahman and others....................................Respondents Judgment June 16, 1969. ...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..Category: Others | Date: | Hits: 124
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
.... Rs. 62,265/- and odd on the basis of an equitable mortgage on deposit of title deeds. 2. The case of the plaintiff is that the defendant No. 2, M. Sekandar Ahmed, who is a contractor and a land owner, approached the plaintiff bank and wanted financial help by way of overdraft arrangement upto ......J M. R. Khan J Tripura Modern Bank Ltd. Pakistan Zone, Chittagong................................ Appellant Vs. Khan Bahadur Khalilur Rahman being dead represented by his heir Sultamed and ors................ ...Respondent Judgment November 25, 1970. The B......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..Category: Banking Law | Date: | Hits: 230
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
.... the only witness for the defendants if considered along with other evidence and circumstances unmistakably prove the plaintiffs possession for more than 12 years which was adverse to the admitted owner and, as such, the plaintiff is entitled to a declaration of title on the basis of adverse pos......p; Santipada Datta & others…………Appellant Vs. Satish Chandra Das and others……..Respondent Judgment March 23, 2002......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ..Category: Property Law | Date: | Hits: 53
.... that as well as upon consideration of the papers annexed to the writ petition and affidavit-in-opposition made the Rule absolute upon observing as follows-
(a) that the petitioner society is the owner by purchase from the Government through registered sale deed of the land in question and these......AD) (2002) 111.
...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
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Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....aj Chandra, Iswar Chandra, Bindaban Chandra, Radha Krishna and Sanatan Mistry. Plaintiff is the son of Khosal Chandra whose father was Raj Chandra. 4. Iswar Chandra was the owner of 3.43 ½ acres of land. He died leaving son Balaram died leaving son Narayan Chandra ...... Ruhul Amin J KM Hasan J Jitendra Nath Mistry...................Appellant Vs. Abdul Malek Howlader and ors........... Respondents Judgment &nbs......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ..Category: Property Law | Date: | Hits: 47
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
.... of abandoned building. The fact relevant for disposal of this petition is that one Abul Hashem predecessor of the petitioner got possession of the house from his vendor Abul Hossain, the original owner of the house who duly mutated his name with the Government, Municipality and other authoritie......a Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Government of Bangladesh and others ............................Petitioners Vs. ......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ..Category: Property Law | Date: | Hits: 46
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
....is directed against the judgment and order dated 1-8- 1999 in Civil Petition No.7 18 of 1999 of this Division, for the reasons that Gurupada Das Bairagi cannot be connected in any way with the real owner of the property Kamini Kumar Chakaraborth alias Das Bairagi as the former was not his brother......ssain ……………………………….…….Petitioner Vs. Jahiruddin and others……………………..…….Respon...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ..Category: Property Law | Date: | Hits: 43
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....anking company or, operating a banking company or, for that, matter an airline, shipping company, construction company or other commercial enterprises. Further case of the writ petitioner is that, ownership of BRAC in the purported BRAC Bank Limited is not consistent with section 20 of the Socie......bsp; BRAC and others ……………….………Appellants ......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
...., Shahid Saifuddin Khaled Road within the municipality of Chittagong and also for arrear rents and compensation for use and occupations. 2. Plaint case, in short, was this Jana Jiban Dutta was the owner of the suit premises. He let out the same to the defendant-appellant as a monthly tenant. Jana...... (Civil) Present: Mahmudul Amin Choudhury CJ Md. Golam Rabbani J Md. Fazlul Karim J Ishaque (Md) ……………………………..apeallant Vs. Ekramul Huque Chowdhury and others…………Respondent Judgment December 1, 2001. The Evidence Act, 1872 (I......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....34) If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired does no confer any right to the owner of the land to claim that property as no vested right or any legal right has accrued in favou...... Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Marfat Ali Miah being dead his legal heir: Firoj Ahammad Bhulu.....Appellant Vs. Sree Jagadish Chandra Sheel and others....................................... Respondents Judgment ....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 77
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