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Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....the prescribed form and in the prescribed manner and within the prescribed period to the Revenue-officer; (c) When he voluntarily abandons his residence making any arrangement for payment of the rent as it falls due and ceases to cultivate his holding either by himself or b......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....he cost of construction of the huts on the case land which was incurred by the appellants. In support of their case that the holding had already been separated, two Dhakhilas dated 16.5.78 showing payment of rent for the disputed land on the basis of separated Khatians being No. 3067 and 3068 we......is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ..Category: Property Law | Date: | Hits: 34
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....;…………..(16) Receiver’s lien is actually a Court’s lien which cannot be lost. If it is found in fact to exist, the Court is honour-bound to order payment of the same to him………………………........rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ..Category: Property Law | Date: | Hits: 39
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....t upon the defendants terminating the tenancy and thereafter filed a suit, S.C.C. Suit No. 1 of 1979, in the Court of Subordinate Judge, Sylhet, for ejectment of the defendants on the ground of non-payment of rent from Poush 1381 B.S., roughly corresponding to January 1975, till the termination ......owed. 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: 36 DLR (AD) (1984) 191. ..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....d Mohim at a rental of Rs. 15/8/- annas on 15th Chaitra, 1348 B.S. after receiving Nazarana and issued a Likhon in favour of Mahim and Mofiz who had been possessing the land as tenant on payment of rent to the Sanayal landlords. The present provisional rent Roll Khatian has been f......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ..Category: Property Law | Date: | Hits: 27
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....His case is that he entered into an agreement on October 14, 1971 with Abdus Sattar Solaiman, who is the sole owner of the disputed property to sell it to him at a consideration of Tk. 1,00,000/-. On payment of Tk. 75,000/- as advance, possession of the premises was given to the appellant. It was ag...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....k charge of schedules 1 and 2 properties, did not pay anything to their mother who died in 1978 and realized rents from Performa-defendant Nos. 11-39. His further allegation was that since for non-payment of Government dues, four certificate cases had been started, and the need had arisen t......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ..Category: Property Law | Date: | Hits: 45
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....on of the evidence of the defendants alone without discussing the evidence of the plaintiff found that the plaintiffs have no possession in the suit land and that the suit for simple declaration on payment of fixed Court Fee of Taka 20/- only is not at all maintainable and in that view of the ma...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....curred by the appellant and that their claims were never repudiated on the ground of limitation by respondent No. 2. On the other hand the appellant was offered some amounts though not in payment of full compensation and was assured of an amicable settlement on the ground of negotiatio......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....sts were made transferable by an amendment of the Bengal Tenancy Act in 1928. His further contention was that as the holding comprising the lands in question were put to auction for default in the payment of rents and Purna Chandra Sarkar who is a stranger-purchaser auction purchased the same in......ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Property Law | Date: | Hits: 35
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
.... 1972. If Aziza Bibi purchased the entire property taxes should have been paid only by Aziza Bibi and not by her sister Hazera Bibi and the High Court Division further considered that the payment of Municipal taxes does not prove that the plaintiff was in possession asserting her own r......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....f is debarred from suing afterwards for the omitted portion. But the learned Subordinate Judge rejected the objection and allowed the amendment raising the claim to Tk. 39,000/- on the plaintiff's payment of the required court-fees, by his order dated 15th April 1981. This order was challenged b......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ..Category: Civil Law | Date: | Hits: 87
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....borrowed from time to time between the period 18.1.74 to 1.5.74 a sum of Tk. 25,500/-from the complainant for the purpose of their business. It is stated that the complainant brought pressure for repayment on 24.7.75 the accused No. 1 issued two cheques, one for Tk. 6,500/- and another for Tk. 19.......18.1.74 to 1.5.74 a sum of Tk. 25,500/-from the complainant for the purpose of their business. It is stated that the complainant brought pressure for repayment on 24.7.75 the accused No. 1 issued two cheques, one for Tk. 6,500/- and another for Tk. 19.000/- totaling Tk. 25,500/- towards the repaymen..Category: Criminal Law | Date: | Hits: 146
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....he law, particularly sections 18(5) and 19(l)(a)(b) of the Premises Rent Control Ordinance, 1963 (Ordinance XX of 1963), briefly the Ordinance, rightly held that the defendant "was not a defaulter in payment of rent at any point of time" and as such the courts below committed error of law in decreei......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....ited Company (respondent in all the three appeals) for providing average 2-1/2 thick compacted premixed bituminous concrete work on the Airport Road, Dhaka. A dispute arose between the parties over payment of bill of the Contractor-respondent after completion of the work which was referred to th...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....sp; 2. The plaintiff-appellant Md. Abdur Razzaq @ Md. Raja Miah filed the suit for eviction on two grounds, (i) that tenant-respondent No. 1 Md. Ansar Ali was a defaulter in the payment of rent and (ii) that he sub-set the suit premises to respondent No. 2 Sunil Kumar without......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....ned properties and accordingly called for tender on 2.1.85 through Newspapers. One Syed Altaf Hossain became the highest bidder for the disputed property offering Tk. 84, 00,000.00. He made a down payment of Tk. 11, 80,000/- being 15% of the bid money in favour of the Executive Engineer (Mainten...... the petitioner 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. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....ees from some of those five persons and some of the plaintiffs are successors to the rest. Thus all the plaintiffs combinedly acquired 16 annas interest in the pattani howla. While in possession on payment of rent the suit lands were diluviated by the river Meghna in between 1351 BS to 1353 BS a......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....earned judge of the High Court Division concurred, that the records of the relevant LA Case having not been produced and no proof having been furnished as to the actual acquisition of the land upon payment of compensation the defendants failed to prove their case of "alleged acquisition"...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
.... January 1976. On 4 August 1977 he was transferred by the Corporation to its Zonal Office but before he joined there his services were terminated by the Corporation by an order dated 8 August 1977 on payment of 90 days' pay in lieu of notice in terms of his appointment as an employee of the Mohsen......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..Category: Employment/Service Law | Date: | Hits: 143
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