Search Options
Judgment Advanced Search
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....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. ......co-accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land and left it out to tenants. ..Category: Criminal Law | Date: | Hits: 51
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
....ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ...... of which he received in advance, Tk. 4,600.00 and promised to execute a necessary kabala on receipt of the balance and completing other formalities. He, however, failed to execute the necessary sale deed and ultimately denied the contract whereupon the appellant filed the suit on 14th April 1970 se..Category: Property Law | Date: | Hits: 64
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ...... as to how the decree was hit by any provisions of law and that the learned Judges ought to have held that the decree suffered from inherent legal infirmity inasmuch as in the absence of the contract deed, the measurement books and the accounts in support, of the plaintiff's claim, there was no basi..Category: Others | Date: | Hits: 103
M/s. A. K. Khan Plywood Co., Chittagong Vs. Commission of Income Tax, East Pakis, 1973, 2 CLC (AD)
....urt is set aside. I would, however, leave the parties to bear their own costs. H. Rahman CJ.—I agree. M. R. Khan J.—I agree. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 65. ......ther any profit resulted therefrom. It cannot be disputed that if there was a sale with profit, the partnership firm is liable to pay income-tax on the difference between the price mentioned in the deed of sale and the written down value. The main ground on which the learned Judges of the High Cou..Category: Fiscal/Taxation Law | Date: | Hits: 82
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....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. ...... J.—This appeal by special leave, at the instance of the plaintiff, arises out of a suit for realisation of a sum of 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 co..Category: Banking Law | Date: | Hits: 230
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ..Category: Banking Law | Date: | Hits: 112
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. ......e of the witnesses and delivered the huts to the plaintiff on receipt of the consideration money and duly signed the receipt evidencing receipt of the amount on 14-2-49. Since the receipt is not a deed of title it could not confer title to the plaintiff under, the provision of section 54 of the ..Category: Property Law | Date: | Hits: 53
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
.... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ...... Civil Revision No. 5020 of 1991. The leave has been granted on the submission made by the learned counsel for the appellant that the learned Single Judge of the High Court Division has misread the deed of Waqf and disturbed the decision of the District Judge who is the appellate authority in re..Category: Trust/Waqf Law | Date: | Hits: 209
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ......would establish the necessity alleged, but it is well established that such recitals cannot by themselves be relied upon for the purpose of proving the assertions of facts which they contain. Indeed, it is obvious that if such proof were permitted the rights of reversionary could always be d..Category: Property Law | Date: | Hits: 47
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......e placed before the High Court Division, the High Court Division found that the original lessee Ahmed Hossain was in possession till his death and he sold the case land to Abul Hashem by registered deed of sale dated 8-2- 1973 and later was in possession till his death on 13- 6-1985. The said po..Category: Property Law | Date: | Hits: 46
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......her son Ofazuddin died during the lifetime of Syed Ali. They claimed that the auction was not set aside and remained valid. Kulsum Bibi transferred 0.48 acres of land to Jamal Khan and others by sale deed dated 29 Jaistha, 1329 BS and the purchasers subsequently sold the same to others who are in po..Category: Procedural Law | Date: | Hits: 114
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....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. ......ant. Jana Jiban Dutta died leaving a daughter Kiran Bala. Kiran Bala embraced ‘Islam’ and took the name of Khairunnessa. She sold the suit premises to the plaintiffs-respondents by two registered deeds of sale both dated 8-9-74. The plaintiffs terminated the tenancy by a registered notice under ..Category: Tenancy Law | Date: | Hits: 70
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... 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. ......ng completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated 22-09-1994………..(21 & 23) Section 14 A of the (..Category: Civil Law | Date: | Hits: 77
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ......ff No.1 on 25.05.1971; that Abdul Khaleque Bain started taking consideration money from the plaintiff No.1 after executing said Bainapatra; that Abdul Khaleque Bain failed to execute necessary sale deed infavour of plaintiff No. 1 and as a result of which plaintiff No.1 filed Title Suit No. 206 ..Category: Property Law | Date: | Hits: 54
Com. of In. Tax, Dacca Zone, Dacca Vs. M/S. Badridas Full-chand, Saidpur, Rangpur, 1981, 10 CLC (AD)
....eal is allowed. The judgment of the High Court Division is hereby set aside and the answer of the question under section 66 (1) must be in the negative. There will be no order as to costs. Ed. ......er under section 26A "The application for renewal of registration has not been filed within time. In the absence of account it is also not ascertain-able whether the terms of partnership deed in sharing the profit has been fulfilled. The claim for renewal of registration is rejected&qu..Category: Fiscal/Taxation Law | Date: | Hits: 76
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......he appellant alone. On the appellant's case that he had become 16 annas owner of the premises on the basis of the family arrangement; it was held that such a claim of ownership without a registered deed could not be sustained as no title passed to the appellant. A question was raised before the ..Category: Property Law | Date: | Hits: 44
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ......n Bibi. Sujan Bibi died on 12th May, 1945. A few months before her death, she made three dispositions which are under challenge. On 13-2-1945 she made a gift of some of her properties by a registered deed to her two grandsons though her predeceased daughter, defendants 1 and 2. On 13-2-45 and 3-4-..Category: Property Law | Date: | Hits: 53
Government of Bangladesh Vs. Md. Abdus Subhan &. others, 1979, 8 CLC (AD)
....n of P.O. 16 of 1972 is illegal and as such the provision of M.L.R. VII 1977 has no application. The petition is therefore dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 255.......ontrol, Management and Disposal) Order, 1972 (XVI of 1972) Martial Law Regulation No. VII of 1977 Owner in possession in pursuance of a valid agreement and the agreement culminated into a valid deed of transfer executed by the owner and the holding never abandoned by the owner before, forcible..Category: Property Law | Date: | Hits: 67
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......f any amendment such expression could have been supplied by the Court as cause omisus. Even Lord Wensbydale who propounded the golden rule of construction stated: "In construing wills and indeed statute and all written instruments the grammatical and ordinary sense is to be adhere to..Category: Property Law | Date: | Hits: 85