Search Options
Judgment Advanced Search
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ...... alia, that the suit plot No.118 along with plot Nos.116 and 117 of mouja Kakrail originally belonged to the predecessor‑in‑interest of defendant Nos.1‑11; that plaintiff No.1 was inducted as a tenant in the hut standing on CS Plot No.117 and he adversely possessed plot No.118 for more than 12..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
....gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......ure, 1908; Transfer of Property Act, 1882; Section 106 Whether the present defendant- respondents who were substituted during the pendency of the suit upon the death of the original tenant are liable to be ejected without any further notice and whether the defect in thi..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ......: The appeal is dismissed. The Evidence Act, 1872 (I of 1872), Section 17 Whether admission of the defendant in a separate proceeding can be accepted as evidence to hold that he was a tenant under predecessor-in-interest of the plaintiff whose case against the defendant was that of t..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......sent bhiti) and .21 acre of plot No.132.(Shabek pukur-at present bhiti) of mouza Hajiganj, P.S. Narayanganj, District Narayanganj and also for a declaration that defendant No.1 A.K. Murshed is a tenant in the premises in the suit land. Plaintiff and defendant Nos.2-6 are sub-lessees induct..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......and will be so presumed until the contrary is proved by clear and convincing evidence, for every presumption is in favour of possession in subordination to the true owner. Although possession of a tenant, however full and complete, docs not of itself operate as an ouster of the owner, the mere fa..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....e to time. Eventually the Albemarle Co. terminated the contract of Botfield and demanded the three taxis from the defendants who claimed a lien for their reparing charges. 21. It was held that a contractual limitation of authority not communicated to the repairer did not limit the implied autho...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ...... support of this contention he has relied upon a number of cases. The first case he has referred to is Midnapore Zamindary Co. v. Naresh Chandra Roy, AIR 1922 PC 241. In that case a landlord sued his tenant for khas possession but the tenant took the plea of occupancy right. In a previous suit by th..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Sarping Matshajibi Samabaya Samiti Ltd. Vs. Bangladesh and others, 1986, 15 CLC (HCD)
....gh Court Division after finding that the order of cancellation was vitiated as being mala fide were well founded in law in refusing to exercise writ jurisdiction on the ground that it was a contractual breach of terms of the lease and so no writ lay". 13. Their lordships after qu......eration of this judgment and order be stayed for a period of two months from today. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 78. ..Category: Tenancy Law | Date: 23 Apr, 1986 | Hits: 247
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
....ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ......ertified copy of plaint of T.S No.201 of 1956 cannot be upheld. The learned Advocate for the petitioners also submitted that the finding of the lower appellate court regarding 'Estafa' by the tenant Rahimuddin, Reazuddin and Gaizuddln in favour of the superior landlords was also not based on..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
.... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ......48 of 1973 pending in the Civil Court. 2. The petitioner Mrs. Shahar Banoo Ziwar Sultan Beyed made a complaint to Kotwali Police Station on 5.2.79 stating that the Opposite party was her monthly tenant in the house No.252, Road No.22, Dhanmondi Residential Area, Dhaka and while the petitioner w..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
..... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ......983.) Judgment Shahabuddin Ahmed J.—In this appeal the simple question is whether a contiguous landholder is entitled to pre-empt the land which has been transferred to co-sharer-tenants whose interest in the tenancy accrued by purchase. 2. This arises from Miscellaneous Ca..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Ranjit Kumar Rakshit Vs. Sudhir Kumar Chowdhury, 1985, 14 CLC (HCD)
.... amendment of the plaint. Having regard to the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 39. ......m therefrom. The plaintiff claimed that the defendant's father was a licencee under the Bangladesh Railway and after his death the defendant is also a licencee and the plaintiff is a monthly tenant under the defendant and running a shop in the suit premises. 3. The defendant by filing ..Category: Civil Law | Date: 10 Apr, 1985 | Hits: 1
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....ssed employee to its former office is not maintainable in law. It conceives a private individual serving another private benefits and the relationship does not involve any element other than the contractual one. In such a case, than the employee is interested only in his remuneration which can ...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ......f the plaintiff and to his knowledge. There is nothing on record also to show that the plaintiff had ever paid any rent to the defendant as their leasee as it would have been done if he was in fact a tenant, a lessee as to plot No. 1292. It is true that non-payment of rent alone will not extinguish ..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
Nezamat Ali Vs. Syed Ahmed Chowdhury and others, 1984, 13 CLC (HCD)
....peal is dismissed in terms of Clause 36 of the Letters Patent without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 45. ......on by Syed Mohammad Ali, J. The case of PLD 1968 Dacca 701 (Ahmadur Rahman Chowdhury and others Vs. Sree Sree Shambhu Nath and others) has a different footing and it was a suit between a landlord and tenant. The facts of that case are that a tank was leased out to a tenant for 5 years by the shebait..Category: Limitation Law, Property Law, Trust/Waqf Law | Date: 18 Jan, 1984 | Hits: 1
Haladhar Dutta Vs. Abdul Rob Chowdhury & others, 1983, 12 CLC (HCD)
....ween the parties. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 193 ......e land recorded in Khatian No.844 belonged to the petitioner. Thus after splitting up of the original khatian i.e. C.S. Khatian No. 803 the petitioner is not entitled to claim himself as a co-sharer, tenant in the disputed khatian No, 845. The further cases of the opposite party No. 1 is that the la..Category: Procedural Law, Property Law | Date: 29 Sep, 1983 | Hits: 2
Alhaj Md. Ruhul Amin Vs. Dhaka Municipal Corporation & others, 1983, 12 CLC (HCD)
....thin the extended period. Let the records be sent back immediately by special messenger. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 1. ......ied building. He also held that there was a directive from the Chief Martial Law Administrator contained in his order dated 29-6-82 that during the process of the transfer of the market no individual tenant is to be dislodged or made to suffer financially or otherwise. He was also of the opinion tha..Category: Administrative Law, Procedural Law | Date: 29 Sep, 1983 | Hits: 1
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ......as per term of the agreement to the defendant for quite a number of years till 1953. Thereafter the property was put to auction by the landlord for arrears of rent due from the plaintiff as tenant. The plaintiff filed a Misc. Case being Misc. Case No.344/45 and got the sale set aside and s..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Azizur Rahman & ors. Vs. Abdus Sakur and ors., 1983, 12 CLC (AD)
....ease. I can see no logical difference between frustration of a demise charter party and frustration of a lease. In principle the doctrine should be equally capable of universal application in all contractual arrangements." 21. It must, however, be mentioned that though the doctrine of ...... Property Act provides for instances in which a material part of a property is wholly destroyed or rendered substantially and permanently unfit for use for the purpose it is let, in which case the tenant has as option to terminate the lease. Section 108 (e) of the Transfer of Property Act does n..Category: Contract Law | Date: 29 Jun, 1983 | Hits: 243
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......vacate the suit premises. Hence the suit. 4. Rajani Kanta Lala dies on 12-9-75 during the pendency of the suit. He had, however, filed a written statement alleging, inter alia, that he was not a tenant under the plaintiff but he took a monthly bharatia tenancy from one Matinuddin Ahmed of Zinda..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3