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Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....'s case, at the time of the execution of the deed of exchange dated 18-5-60 in favour of Md. Asim, it was represented that the defendant was a tenant at will in occupation of the property under its owner Md. Asim as well as the plaintiff who purchased the disputed property from the said Md. Asim...... Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......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. ..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. ......Civil) Present: Ahsanuddin Choudhury J Kemaluddin Hossain J D.C. Bhattacharya J Mozaffar Ahmed………...Appellant. Vs. Md. Osman and anr.........Respondents. Judgment &...... far it relates to tacking has been stated rather too broadly. There might be cases where a bona-fide successor-inherent may claim adverse possession by tacking with the possession of the previous possessor without any breach in continuity and that will depend upon the facts of each particu..Category: Trust/Waqf Law | Date: | Hits: 239
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
..... The language is wide enough to include the repairs of capital nature so it answer the term 'repairs'. In the present case, the assessee has never claimed that it had any undertaking with the owner of the premises. In fact, it abandoned the claim under this head before the Tribunal. ...... Ed. ......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Matilal Sikder & ors Vs. Benodini Dasi, being dead her heirs Bepin B Das & ors, 1976, 5 CLC (AD)
....Das, the predecessor of the respondent, purchased C. S. Plot No. 495 from one Upendra Nath Das by a registered kabala on 3-10-58 for a consideration of Tk. 2000/- that the appellants were owners of the lands contiguous to the said plot and as such were entitled to pre-empt the said land...... Appellate Division (Civil) Present: A. M. Sayem CJ S. A. B. Mahmud Hussain J Ahsanuddin Choudhury J Kemaluddin Hossain J Debash Chandra Bhattacharya J Matilal Sikder & ors……... Appellants Vs. ......ordinate Judge are restored. As there is no appearance on behalf of the respondent there; shall be no order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 5. ..Category: Property Law | Date: | Hits: 54
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....er Order 21, rule 90 of the Code of Civil Procedure for setting aside an auction sale of immovable property belonging to the said Company. 2. Respondent No. 3, a private limited Company, was the owner of Rupkatha Cinema Hall situated at Pabna town. Respondent No. 3 having obtained a money decre......s. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ......n such wide interpretation such a person, would have been covered by the former expression These interests may, however, not only be proprietary but may be any kind of interest whether proprietary, possessory or pecuniary. These interests must, however, be such as are affected by the sale, that is..Category: Property Law | Date: | Hits: 118
Bangladesh and another Vs. M/S. A. T. J. Industries Ltd. and others, 1977, 6 CLC (AD)
....volved was also set up. 4. The learned Judges of the High Court, on consideration of the respective contentions of the parties, held that the decision whether the respondent company was the owner of the factory was not necessary, in view of the fact that the genuineness, or the existence ......d. Ed. ......show its lawful authority to dispossess forcibly the company from the property upon an alleged plea of cancellation of the lease. For these reasons this petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 57
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....first introduced the religious spirit into the province of legislation. As the family knot became unloosened, the theory of spiritual benefits gathered strength and consistency neither the last owner nor his father could have efficaciously performed sacrifices in honour of gods and ance......J D. C. Bhattacharya J Fazle Munim J Nurun Nabi Mondal and others………………………..Appellants ......nbsp; ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
....f Dacca assessed the compensation for the Chala land at the rate of Rs. 3,500/-per acre, and Rs. 2,800/- per acre for the Nal land. The total compensation allowed by him was Rs. 46,368/-. The owners filed an application for the appointment of an Arbitrator as they did not accept the de...... Ahsan-uddin Choudhury J Kemaluddin Hossain J Fazle Munim J Bangladesh.....................................................Appellant. Vs. Abdul Khaleque and ors.................................. Respondents. (In C. A. Nos. 1 and 2 of 1975). ......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....ered fit by the said authority for the purpose of the Act. The purpose of the Act was to collect additional revenue by imposing a tax on the annual value of lands together with building, and as the owners of such lands with buildings who are capable of paying any substantial amount of tax t......p;Appellant (In Appeal No. 6 of 1972). M/s Carpet Allied Products Ltd………………. Appellant (In Appeal No. 7 of 1972). Vs. Bangladesh and another.................... Respondents in all the appeals Judgment May 7, 1976.......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....lause (a) of sub-section (4) of section 93A by Government Order No. 1516-Reqn. dated 3-10-1963. 2. The Additional Deputy Commissioner Dacca, assessed compensation for the acquired land, but owner-respondents were not satisfied with the assessment. They moved the Court under the...... Ahsanuddin Chowdhury J Kemaluddin Hossain J D. C. Bhattacharya J Bangladesh..........................................Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Re......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Government of Bangladesh and others Vs. Abu Musa, 2001, 30 CLC (AD)
....notice before confiscation of goods or imposition of penalty.- No order under this Act shall be passed for the confiscation of any goods or for imposition of any penalty on any person, unless the owner of the goods, if any, or such person- (a) is informed in writin......Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Government of Bangladesh and others.............. Appellants Vs. Abu Musa.............issued in the said Writ Petition stands discharged. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 77. ..Category: Business or Commercial Law | Date: | Hits: 99
Motasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (AD)
.... appeal. Accordingly, it is dismissed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 74. ...... SR Pal, Senior Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record — For the Respondent. Civil Appeal No.36 of 1993. (From the judgment and Order dated 13-1-1993, passed by the High Court Division in Civil Revision No.828 of 1989). ......110 out of his purchased land of 0.08 1/4 acres, purchased on 24-3-64 from Hazi Moran Ali Bepari by a registered kabala. It is alleged, inter alia, that the defendant is an unauthorised and illegal possessor of a portion of plot No.936 adjacent west of suit plot No.110, that in the month of Febru..Category: Property Law | Date: | Hits: 58
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
....he High Court Division in Civil Revision No. 1141 of 1990. 2. The appellant instituted SCC Suit No.2 of 1988 for eviction of the defendant from a shop room stating that he was owner of the premises and he let out the same to the respondent and he required that said shop room...... The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18(1) Under the Ordinance for getting a decree of eviction the landlord is to decide which premises out of many is required by him bonafide. The right of bonafide ...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... the will executed by Noni Gopal Das in favour of Joy Gopal Das mere assertion in the plaint that Joy Gopal Das obtained a probate was not sufficient to hold that Joy Gopal Das became the 16 annas owner of the suit property and his heirs defendant Nos.1 and 2 had right to sell the entire suit pr......nbsp; Nurul Islam and others.................................... Petitioners ...... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ..Category: Property Law | Date: | Hits: 64
Shameen Vs. Government of Bangladesh & others, 1995, 24 CLC (AD)
....l is allowed, but without any order as to costs. The detenu be released forthwith, if not wanted in connection with any other case. Ed. This case is also reported in: 47 DLR (AD) (1995) 109. ......Government of Bangladesh & others.........Respondents Judgment March 14, 1995. Result: The appeal is allowed. Cases Referred to- Md. Shahabuddin Vs. District Magistrate, 24 Parganas and others (1975) 4 SCC 114; Altaf Ahmad Matoo Vs. State and others, 1989 Crl LJ 1270. Lawyers In......, for 30 days, made by the District Magistrate, Dhaka, was served on him on 12 June 1994. On 26 June 1994 a memorandum of grounds was served on the detenu alleging, inter alia, that he was an illegal possessor of unauthorised arms; that local public are much dissatisfied with him; that he along with..Category: Criminal Law | Date: | Hits: 75
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....the suit land with Monoranjan Banerjee (Predecessor of defendant Nos. 2‑5) who had acquired 4 annas interest in the suit Jama and that by amicable partition Eshaque Miah alone became 16 annas owner of die suit land. The plaintiff took settlement from Eshaque Miah on 15th Aswin 1359 BS by D......t. Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 24 of 1994. (From the judgment and order dated 2.12.1993 passed by the High Court Division in Civil Revision No. 3823 of 1991). ......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ..Category: Property Law | Date: | Hits: 47
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....g possession thereof. The suit was ultimately transferred to the Additional Court of Munsif. Dhaka and was renumbered as Title Suit No.14 of 1986. The suit was decreed ex parte against the original owner by judgment and decree dated 26.7.1986. The appellant obtained delivery of possession throug...... Muhammad Habibur Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J C Q M H Md. Ayub Ali ..............................Appellant Vs. Bangladesh and others ........................Respondents [In Civil Appeal No. 80 of 19931] Mrs. Laila......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....he suit for declaration of title to the entire land of plot No. 2395, for partition and for recovery of possession. Her case was that Fakir Mondal and Alep Mondal (her deceased husband) were original owners of the suit properties in equal shares. By an amicable partition Alep Mondal got the entire l...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rabjel Mondal .........................Appellant Vs. Didar Mondal and others.................. Respondents Judgment November 8, 1994. Resul......p; With this modification in the decree the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....nts' maternal grandmother Waheda Begum jointly purchased the premises in dispute appertaining to plot No. 2039, Mouza Sutrapur, Bogra Khatian old 81 and new 137 consisting of 0.6250 acres from its owner Al‑haj Habibur Rahman Chowdhury for Taka 85,000.00 in equal shares. They constructed a ...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Mohammad Salem Azam and others.................................Appellants Vs. The Secretary,...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
.... and order dated 5.9.94 the petitioner now seeks leave to appeal from the same. 2. Respondent No.1 as plaintiff filed the aforesaid suit against the defendant ‑ respondents making the owners and parties interested in the vessel MV Global Trader as defendant No. 3 stating that it imp...... (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Samsun Shipping Corporation.................Petitioner Vs. Hossain and Sons and others...............Respondents Judgment October 31 st, 1994 Cas......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
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