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Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....ance to exclude the property from "Ka" list of abandoned properties before the Court of Settlement which after hearing the case dismissed the application with the findings that the whereabouts of the owner was not known, that he had been residing in a country which was at war with Bangladesh and tha......l Haque J Md. Tafazzul Islam J Abdur Rashid Mollah.....................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban DevelopÂment and another..........................................Respondent Judgment......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....vision, inter alia, further found that upon delivery of possession of the share certificates to the respondent Bank which are movable property the judgment‑debtor ceased to have any right of ownership over such movable property and as such the same cannot be validly attached. It was also f......J Mustafa Kamal J Latifur Rahman J Sonali Bank .........................................................Plaintiff-Appellant Vs. United Commercial Bank Ltd. and others................ Defendant-Respondents Judgment March 30th 1992. Law......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....d 13.4.62 was only a benami kabala taken by the pre‑emptee in the benami of his friend Swapan Kumar and respondent No. 2 executed this Muktipatra recognizing the pre‑emptee as the real owner and as such the application for pre-emption was not maintainable in respect of a document whi...... MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Abdur Rashid ........ ...... Pre-emptors-Appellant Vs. Momtaz Ali Karikar and others………………….. Pre-emptee-Respondents ...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ..Category: Property Law | Date: | Hits: 106
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latufur Rahman J Habibur Rahman being dead his heirs Saleha BeÂgum and other ...................Appellants Vs. Sree Jogiswar Roy Chowdhury Chand and others……......ession of the subject-matter, and the Court finds that such possession is, wrongful, the Court may also order him to pay to the vendor or lessor the rents and profits, if any, received by him as such possessor. In the same case, the Court may, by order in the suit in which the decree has been mad..Category: Property Law | Date: | Hits: 82
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....Kumar, Hirendra Nath Karmaker and Dhirendra Nath Karmaker. The aforesaid land comprising 0'080 acres shall henceforth be described as the said land. On 8.12.62 Dilip Kumar, claiming to be the sole owner of the said land, sold it to the plaintiffs for Tk. 5,000'00. One Abdul Mannan Khandaker purc...... Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others……&......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....als have been heard together and will be disposed of accordingly. 2. The aforesaid proceeding was initiated by M/s Sattar Match Works (at Aziznagar, PS Lama, Chittagong Hill Tracts) and its owners Bhaiya Group of Industries and Bhaiya Match Company Limited (Respondent Nos. 1‑3 in Ci......(Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Bangladesh Chemical Industries Corporation and another……………………………&......a period of six months from the date of filing of the application. Civil Appeal No. 36 of 1991 is dismissed. There will be no order as to cost in either of the appeals. Ed. ..Category: Intellectual Property Law | Date: | Hits: 227
....High Court Division. No longer contending that the appellant was unaware of the leasehold nature of the disputed land before the agreement for sale, and that the appellant was entitled to an absolute ownership of the disputed land, he now contends that the appellant knew about the leasehold characte......l)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment DirectoÂrate, Ministry of Defence, Dhaka Cantonment and others……………â€......ing a history of the case, and then stating the following:
"In this context it is mentioned that title over the enterprise is still with the Government and the buyers have been given only the possessory right till the final payment, as per deed of agreement for sale, is made, the Government ..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....r the suit land, be declared as illegal, void, etc. Later, the prayer was amended so as to include a prayer for permanent injunction as also recovery of possession. 3. One Alauddin Bhuiyan was the owner of the suit land. He sold the suit land twice, once to the plaintiff, and then to the defendan...... was wrong. However, the Courts below discarded the plaintiff’s sale-deed on other ground. Section 47 of the Registration Act is attracted only when the two competing documents are otherwise at par and stand on the same footing. The plaintiff’s document will fail simply because it could not stan...... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ..Category: Property Law | Date: | Hits: 73
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
....ising out of a suit for simple partition. 2. The case, of the plaintiffs, inter alia, was that Jinnat Ali, predecessor of the plaintiff respondent Nos. 1 and 2 and others was 16 annas owner of suit property No. 1 measuring 1.46 acres recorded in CS Khatian No. 236 and owner of 15 go......) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Joynal Abedin and others…………….. Defendant‑Appellants Vs. ......, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ..Category: Property Law | Date: | Hits: 57
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....es out of the partible property measuring 12.91 acres as described in the different schedules annexed to the plaint. Plaintiff’s case, inter alia, is that his grandfather Hara Nath Sarkar was owner to the extent of 1/3rd share in the aforesaid joint property measuring 12.91 acres. Hara Nath...... MH Rahman J ATM Afzal J Mustafa Kamal J Jogendra Nath alias Govinda Sarker ..........Plaintiff‑Appellant. Vs. Amulya Chandra Sarker and others ..........Defendant‑Respondents. Judgment A......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....nless it is supported by a registered deed of transfer‑kobala or gift" the trial Court held that the deed of release was not a document of transfer and that plaintiff No. 1 was the real owner of the property. The Appellate Court, however, reversed that decision. It disbelieved the cas...... Aziz Molla being dead his heirs: Md. Mozibur Rahman & others .......................Respondents Judgment August 7, 1991 Cases Referred to- Abdul Gafur Sardar and ors. Vs. Wazedali Talukder and another, 19 DLR 33 (37); Mt. Goday Koowur Vs. Mt. Ladoo, 13 Moo......ment shows, inter alia, that the schedule land of the deed of release was auction purchased with the money of the recipient in the name of the executant; that the recipient is the actual owner and possessor of the land; that the land has been recorded by the recipient in the name of the executan..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....operty, that defendant No. 3 was in occupation of the suit property as an allottee of the Government before it was de‑requisitioned and it is now being possessed by defendant No. 2 as lawful owner by purchase, and that the alleged deed of exchange was registered in Pabna although the Mitra......t Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sahera Khatun and another............................Defendant‑Appellant. Vs. Anwara Khatun an......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 58
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ation to hold an auction sale of the balance quantity of cement on their claim of having a lien on the said cement but the Court refused to give any relief. 5. The respondent stated that since the ownership of the cement continued to remain with the document of title, i.e. the bill of lading lyin......preme Court Appellate Division (Civil) Present: H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh....................Appellant. Vs. Anis and Co. and others....................Respondents (In Civil Appeal No. 22 of 1991) Abu Taleb alia......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
...., acquiesced in the sale of the property in question or waived his right to pre‑empt the sale. 2. Appellant is brother's son of the two vendors, Mariam and Alimunnessa, daughters of the recorded owner, late Abbas, who was the appellant’s paternal grand father. By two registered sale‑deeds d......late Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Fazaruddin ..... Pre‑emptor‑Appellant. (In both the appeals) Vs. Maijuddin and others…. Pre‑emptee’s ‑Respondents (In Civil Appeal No. 52 of 1989). Md Serajuddin an......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... On merit he submitted that the learned Magistrate having decided the question of "actual possession" on the erroneous basis of the first party's right to possess the disputed land as the owner which was in the possession of the bargadar, i.e. the second party, the inquiry contemplated ......n J ATM Afzal J Mustafa Kamal J Aminul Islam…………………..First Party Complainant‑Appellant Vs. Mujibur Rahman and others.............. Second Party‑Respondents Judgment July 24, 1991 ......ination of the evidence on record the learned Magistrate ultimately found thus: "Taking and considering the evidences and discussions stated above court is satisfied that 1st party was actual possessors of the disputed land, because 2nd party man was only the bargadars which is admitted by ..Category: Criminal Law | Date: | Hits: 53
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
....€‘at‑will" to be terminable at any time and without any notice at the mere wish of either party. Under our law a person may get possessory right in an immovable property by a licence granted by the owner of such property. Such a right is terminable, at any time, at the mere will of the person gran......1. ......l". In our law governing tenancy there is no such concept as "tenancy‑at‑will" to be terminable at any time and without any notice at the mere wish of either party. Under our law a person may get possessory right in an immovable property by a licence granted by the owner of such property. Such a..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
.... for the benefit of the heirs of the wakif with ultimate benefit to charity, or a combination of the two, and each one of them is a valid wakf. When a wakf is made, it becomes indestructible as the owner ship is tied to the eternal Almighty. Wakf is a religious Institution under Mohammedan Law. ......................Appellant. Vs. Shamsuzzoha Nurul Amin Chowdhury and others....Respondents Judgment June 8, 1976. Cases Referred to: Golam Ho......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. ..Category: Others | Date: | Hits: 142
....siness in Pakistan which is now Bangladesh during the
relevant years but had only some immovable properties which had been
requisitioned by the Government and did not yield any income to its
owner as such the appellant cannot be said to have earned any commission in
Pakistan and could not .......
14, 1976.
Cases Referred to:
Messers
Octavius Steel Company Ltd. Vs. The Commissioner of Income-tax, Dacca reported
in 12 DLR (SC) 121 same case in PLD 1960 SC 371; Octavious Steel and Company
Ltd. Vs. The Commissioner of Income-tax, Dacca, 12 DLR (SC) 121 same case PLD
160 SC 3......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.
..
Category: Fiscal/Taxation Law | Date: | Hits: 114
Government of Bangladesh Vs. Messres A. T. J. Industries Ltd. and others, 1976, 5 CLC (AD)
....Ltd., 158, Tejgaon Industrial Area, Dacca was taken over by the GovernÂment and was placed under the Management Board. It has now been decided, by the Government to release the unit in favour of its owner subject to future Govt. over all industrial policy. The owners are allowed to operate the unit......d. This Case is also Reported in: 28 DLR (AD) 120. ......sturb the decision of the High Court Division. Subject to the observation made above, the appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) 120. ..Category: Business or Commercial Law | Date: | Hits: 129
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....hould be understood that a pre-emption proceeding is no substitute for a suit for partition or for possession. It is a summary proceeding in which the right of a co-sharer or a contiguous owner to buy off a holding or a share or part thereof from a stranger to whom it has been transfer......Supreme Court Appellate Division (Civil) Present: AM Sayem CJ Ahsanuddin Chowdhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Haji Md. Shariatullah......Appellant Vs. Ashrafun Ne......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
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