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Sultan Ahmed, Advocate and others Vs. Haji Sultan Ahmed and others, 1982, 11 CLC (AD)
....ere is any dispute likely to cause a breach of the peace concerning any land", the Magistrate shall draw a proceeding thereunder asking the parties to the dispute to submit written statements in support of their respective claims to possession of the land. If the Magist......gh Court Division dated 5 June 1981, order of the Additional Sessions Judge dated 30th November 1979 and the order dated 16 October 1978 of the learned Magistrate are set aside. Ed. ..Category: Criminal Law | Date: | Hits: 51
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....t, Exhibit 6, was not his. Also he did not get any notice under section 106 of the Transfer of Property Act. The learned Judges of the High Court Division observed as follows: "Taking all these statements together it appears that the presumption raised by posting registered letter with ackno......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ......he used to collect rent from the tenants through her son Mahtabuddin. Mahtabuddin suggested to his mother that an Ammuktearnama was necessary to provide him with necessary authority to realise rents from the tenants. Mahtabuddin obtained her thumb impressions on some blank stamp papers for t..Category: Property Law | Date: | Hits: 57
Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)
....atement of the Returning Officer, because he could not explain as to hew Form 'K" in respect of Hafizia Madrasha centre could be filled up when the bag itself did not contain the consolidated statements and the result-sheet. From this the learned Munsif concluded that there was violation of...... Court By the majority decision, the appeal is allowed. The orders of the Courts below are set aside and the election petition is dismissed. There will be no order as to cost. Ed. ..Category: Election Law | Date: | Hits: 121
Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)
....t was loaded which was brought to Chalna. (2) There was undue delay and deviation; as such the defendants were liable for damage. 3. Descendants 1, 2, 3, 4, 5 and 8 by filing 3 different written statements resisted the suit firstly, on the ground that there was no conversion of the salt; seco......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)
.... 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. ...... be enjoyed or put back into the business to acquire more properties for further profitable exploitation. The Indian Supreme Court considered further that letting out of premises and collection of rents assessment on property basis may be correct but not so where the letting or sub-letting ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ......he assessee carried on business as a money lender. As security for a debt due to him in respect of his business he was put into possession of agricultural land as a mortgagee. It was held that the rents received by the assessee from the agricultural land were agricultural income and exempt from ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....g without any independent examination of the relevant evidence. On careful examination of different versions given in the pleadings and in the deposition, as indicated above, we find that the statements actually do not appear to be inconsistent as remarked by the learned Subordinate Judge a......leshwari Pershad (1886) L.R. 13 LA. 160 held as under:— "Where there are benami transactions and the question is who is the real owner, the actual possession or receipt of rents of the property is most important." In the case of Ram Narain vs. Muhamma..Category: Property Law | Date: | Hits: 448
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....ion of construction of the Oil Depot. The omission was detected at the time of assessment of tax for the years 1963-64 to 1969-70. The assessment for the said years, was made on the basis of detailed statements is respect of the Oil Storage Tanks, submitted by the respondent and taking into accoun......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
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....bour Court Dacca for adjudication which was registered as I.R.O. Case No. 5 of 1973; that the case was partially disposed of on August 7. 1973 and the parties were directed to file separate written statements with regard to the demands of the employees of the Plummer Bros, Ltd.; that, accordingly......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....rlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......land from Ram Proshad by two registered kabuliyats dated 10th Baisakh 1375 BS Exts. 1 and 1(a), for three years and after the expiry of that period they continued to possess the suit land by paying rents and obtaining dakhilas; that in Kartick 1376 BS the Government Tahsildar disclosed that the s..Category: Property Law | Date: | Hits: 69
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....st, 1970, to direct the District Judge of Rahimyar Khan to record evidence on this question and to certify that evidence to this Court. The District Judge gave notice to both parties and recorded the statements of the parties. The appellants filed documentary evidence of certain Jamabandis but no ev......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)
....1955, refused to pay any compensation on the ground that there was no privity of contract between the plaintiffs and the Company. 5. In this suit all the three defendants filed separate written statements. The defendant No. 1 denied the allegations of the plaintiffs and maintained that the p......vanished and they had no heart left in either managing their business or their properties or carrying on their house-hold avocations. 4. It may be mentioned here that the plaintiff, who are the parents of the deceased child had in the suit also joined the Insurance Company, with which the motor ..Category: Others | Date: | Hits: 124
Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)
.... 4. As will be seen presently the inquiry could not be completed expeditiously as directed by the High Court due to dilatory tactics adopted by the accused. However, by the 1st of July, 1970, the statements of the four eyewitnesses and most of the material witnesses were recorded when the resp......the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ..Category: Criminal Law | Date: | Hits: 96
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
.... shomoy dane morji hoy.” 14. It also appears on the next dates fixed i.e. on 27.5.1992, 16.6.92, 15.7.92, 15.10.92 and 25.11.92 the respondent Nos. 3-6 filed application with similar statements and prayers. 16 It also appears that on 16.6.1992 respondent Nos. 3-6, apart from filing...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....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. ......1949; that at the time of appellant’s purchase there was three huts on the suit land which were in possession of the tenants and the appellant had been possessing the suit land upon realising rents from the tenants openly and peacefully over the statutory period of 12 years to the knowledg..Category: Property Law | Date: | Hits: 53
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....en made proforma-defendants in the aforementioned Title Suits it cannot be said the plaintiffs of the title suits accepted the said two defendants as the sisters of Ilias Miah as because there are statements in the plaint denying their being the sisters of Ilias Miah and that there is also expla......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..Category: Property Law | Date: | Hits: 55
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....nuary, 1943 (Exhibit A (I). It is also the case of the plaintiff that Balaram’s financial condition was sound and that he did not leave any debt at the time of his death, but by making untrue statements as regard necessity of money for the purpose of repayment of debts, and to meet the expe......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 the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....hat the transfer order has already been given effect prior to the issuance of the stay order, as such, the same is liable to be set aside.” 3. Both the parties put in their concise statements, but at the time of hearing only appellants appeared through the learned Attorney Gener......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......dent. Civil Appeal No. 98 of 1998. Judgment Md. Fazlul Karim J.- This appeal by leave is at the instance of plaintiff-appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent was a monthly tenant at a ..Category: Tenancy Law | Date: | Hits: 76