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Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ......ion the appellant brought Title Suit No. 95 of 1975 in the Court of Sub-ordinate Judge, Dacca, impleading the Government of Bangladesh, which was decreed ex-parte on 5-12-77 and in execution a sale deed was registered through Court. Earlier to that on 17-10-77 Martial Law Regulation No. VII of 197..Category: Constitutional Law | Date: | Hits: 157
Commissioner of Income Tax, (Now Com. of Taxes), Ctg. Vs. Saifuddin A Siddiqui, 1980, 9 CLC (AD)
....f the Income Tax Act in this case. In the result, both the appeals are dismissed on contest without, however, any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 190 ......ut this exemption will not apply to a case where so much of the income as remaining unexpended during the previous year………….(6) "Income applied" meant the income set apart in the wakf deed and not the income actually spent by the Mutwalli…………….(7) The unexpended amo..Category: Fiscal/Taxation Law | Date: | Hits: 85
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ......f a Court but the decree is for specific performance of contract entered into by the parties. What is done under the decree is that a recalcitrant party to a contract is compelled to execute the sale deed for which he has earlier bargained to sell. That being the position the character of the sale r..Category: Property Law | Date: | Hits: 57
Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)
....y order as to costs. ORDER OF THE COURT According to the majority view the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ......-tax Act, 1944 was taken by the Respondent-assessee, the Mutwalli of a Wakf Estate, Md. Haider Ali Khan Panni of village Karatia P. S. Tangail, District Mymensingh. He created a Wakf-al-al aulad by a deed on 23rd Pous, 1340 B.S. (corresponding to 7th January 1934) and supplemented by another deed ..Category: Trust/Waqf Law | Date: | Hits: 239
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ...... contiguous to the land transferred, that is to say, it is touching the land transferred. Only then he can maintain his claim………..(10) If more than one plot of land are transferred by a sale deed, a tenant having land contiguous to one of the plots, cannot lay his claim of pre-emption beyon..Category: Property Law | Date: | Hits: 66
Abul Khair Miah being dead his heirs: Abul Kashem and ors Vs. Bangladesh & ors, 1980, 9 CLC (AD)
....vision is set aside and the impugned order of the Enemy Property authority is declared to be illegal and without any lawful authority. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 29 ......ar Nath by a registered Kabala dated 27.10 43. Kamini Kumar Nath was in possession of the property since his purchase. Kamini Kumar mortgaged the property to Nath Bank (Pakistan) Ltd. by a registered deed of mortgage dated 28-12- 44. The Bank filed Mortgage Suit No. 84 of 1954 in the Court of Subord..Category: Property Law | Date: | Hits: 58
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......e house of contesting defendant were being used by plaintiff as the westernmost wall of her house. The contesting defendant purchased RS plot No. 798 eleven years ago and his predecessor obtained his deed on 27.4.38. The building of the plaintiffs father was shown as the eastern boundary of the purc..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......y was monthly tenant in respect of the premises in question, carrying on business there and paying rent regularly to its owner Alhaj Md. Ashraf Ali for last 22 years. This landlord, by two registered deeds dated 2 November, 1987, sold away the premises to the Petitioners, Alhaj Mirjahan and Alhaj Md..Category: Tenancy Law | Date: | Hits: 71
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......ents namely, the kabala and the indenture of lease of agreement and wrongly held that the property was an abandoned property on the basis of mere comparison of the signature appearing in the lease deed with the kabala. It appears that the learned Judges while summarily rejecting the writ petitio..Category: Property Law | Date: | Hits: 63
Hossain Mohammed Ershad Vs. State, 1993, 22 CLC (AD)
....e proceeding to continue. There is no cause or occasion for an interference for the ends of justice. All the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 48 ...... to four different groups. Plot No. 49 was allotted to Md. Shahinur Islam, Md. Sadeque and Akhtara Begum at a total price of Tk. 23,22,600.00. The money was deposited on September 18, 1989. The lease deed was registered on October 21, 1989. On the very next day i.e. October 22, 1989 the lessees soug..Category: Anti-Corruption Laws | Date: | Hits: 302
Abdul Baten Vs. Abdul Latif Sheikh and others, 1993, 22 CLC (AD)
....Division cannot be taken exception to. 9. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 26 ......the court of Assistant Judge, Daulatpur Upazila and re-numbered as Miscellaneous Case No 21 1984. Their case was that the pre-emptee-petitioner was not a co‑sharer in the case holding and the deed of gift was a pre-emptible one. Among other defences the pre-emptee-petitioner contended that ..Category: Property Law | Date: | Hits: 56
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......cribed form on ail the co sharer tenants of the said holding who are not parties to transfer. In the present case the respondent by virtue of his purchase under a registered deed became co-sharer of the holding, so the appellant had to comply with the provision of se..Category: Property Law | Date: | Hits: 60
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......led Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala before its registration. Thereafter, he withdrew the case on 27.1.75 and, after obtaining certified copy of the registered deed on 4.2.75, instituted the present case for pre-emption on 17.2.75. The pre-emptor being a con..Category: Property Law | Date: | Hits: 85
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......ed and registered through court. He obtained delivery of possession through court on 8.5.66 in presence of the defendants. Proforma defendant 3 made a gift of the suit premises by a registered deed of gift on 9.4.70, in favour of the plaintiffs. Proforma‑defendant 3 after acquisition o..Category: Civil Law | Date: | Hits: 134
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......argued that the High Court Division had erred in granting the relief, inasmuch as the Government had revised its earlier order and it ought not have issued the writ. Secondly, it was argued that no deed of transfer was executed and as such no right was available to the respondents. 6. Ther..Category: Constitutional Law | Date: | Hits: 157
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......thin the said jurisdiction. 4. The trial Court rejected the petition on 5.10.93. The High Court Division in refusing to interfere with the said order had to say this: "From the perusal of the deed of agreement it appears that the agreement was for the supply of money and tea by both the side..Category: Procedural Law | Date: | Hits: 91
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ...... dated July 10, 1983. For the purpose of setting up a coconut oil, coil and other allied industries at Barisal respondent No. 1 was settled with 8.30 acres of Government Khas land and necessary lease deed was executed and registered on November 2, 1962. As respondent No. 1 required some more lands i..Category: Property Law | Date: | Hits: 69
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......eal No. 48 of 1979. 2. Accused-respondents were put on trial before the Sessions Judge, Bogra, to answer a charge under section 467 read with section 34 of the Penal Code for forging a sale-deed by ante-dating it with intent to defraud the complainant-appellant. Facts are, that accused Am..Category: Criminal Law | Date: | Hits: 61
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ...... a suit for specific performance of contract, namely, Title Suit No. 1441 of 1981 from the 4th Court of Subordinate Judge, Dhaka against the said Dr. Sadrul Hasan and that the petitioner obtained a deed of sale through Court in execution thereof, the petitioner challenged the inclusion of the sai..Category: Property Law | Date: | Hits: 77
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......ied. The fact of death of Karuna Moyee Dasi was not established by any evidence. It may be mentioned it was the definite case of the plaintiff that Karuna Moyee Dasi after execution of the alleged deed of agreement for sale of the land in suit allegedly on January 1, 1952 left for India with the..Category: Property Law | Date: | Hits: 59
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