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....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......o.2 as the petitioner earlier filed an application on 3.9.84 under section 95A of the State Acquisition and Tenancy Act read with President’s order No.88 of 1982 and President's order No.24 of 1972 for restoration of the mortgaged land comprising an area of .50 decimals before the Upazila Revenue ......ing on behalf of the respondent No.2. submits that the transaction dated 13.12.49 is nothing but a complete usufructury mortgage as Yunus Mia was the authorised agent of the purchaser and he paid the money to the vendor on his behalf and he himself, executed and registered a deed of agreement on the..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....es on the ground that she is a defaulter in payment of rent since June, 1990 and, as such, plaintiff terminated the monthly tenancy of the defendant in the suit premises by a notice dated 12.2.91 and claimed that the suit premises is also bona fide required by the plaintiff for his own use and occup......le at the instance of the plaintiff-petitioner is against judgment and decree dated 19.11.91 passed by the Assistant Judge, 3rd Court, Dhaka in Small Cause Court Suit No.3 of 1991 dismissing the suit for ejectment. 2. Petitioner as Plaintiff filed the aforesaid Small Cause Court Suit against the ......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ..Category: Tenancy Law | Date: | Hits: 167
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....had been senior to him had either retired or had been promoted to other posts. Mr. Manindra Kumar Roy also filed an application for voluntary retirement and in that view of the matter, the petitioner claims himself to be the senior most officer in the Bangladesh Civil Service (Judicial) according to......ng Notification No. সমা/প্রবি ১-২৯/৮৮-১৮৩ dated 31.7.94 of the Ministry of Establishment, Government of Bangladesh as at Annexure A to the application under which the aforesaid promotion was made have been called in question as ultra vires having been made without com...... it to mean that the amount of compensation claimed must be specified. Lord Mersey in his judgment observed, “The fault which the respondents find with the claim is that it does not name the sum of money for which it is made; and it is said that the fault is fatal. My short answer to this contenti..Category: Employment/Service Law | Date: | Hits: 173
....all take a decision in favour of the certificate-holder on an application submitted by him for granting a lease on a long term basis in respect of such land wherein the certificate holder gave up the claim of compensation that would have been asserted under section 39 for the purpose of formal acqui......vil Rule No.32 (R) of 1982).
Judgment
Badrul Haider Chowdhury J.- This appeal by special leave is directed against an order of the High Court Division in Civil Rule No.32(1) refusing the prayer for status quo. Civil Revision No.1110 of 1974 is pending in the High Court Division which arose out......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
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Category: Procedural Law | Date: | Hits: 68
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....here is hardly any scope for superior salesmanship. In the absence of any business activities on the part of the lessee in respect of this house got reasonable grounds to doubt the genuineness of the claim as to the sub-lease. If the bulk of the house-rent is allowed to escape assessment under secti......f the Income Tax Act, filed by the assessee-appellant. The assessee, Mrs. Zebunnessa, has got a house at 119A, Dhanmandi Residential Area, Road No.2 Dacca, which she let out to the German Institute before the War of Liberation at a monthly rent of Tk. 4,000/- per month from 1st December, 1968 till 3...... of any buildings or lands appurtenant thereto of which he is the owner”. And as to the annual value of the property, Mr. Bhuiyan referred to section 9(2) and contended that it is the entire sum of money which is or expected to be fetched as rent by letting the property. What he tries to argue is ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
....the State Acquisition and Tenancy Act, 1950. 2. This question has arisen in a pre-emption, namely Miscellaneous Case No. 306 of 1975 of the 2nd Court of Munsif, Feni, filed by the Respondent No.1 claiming pre-emption of a land transferred to the appellants, pre-emptees, by respondent Nos. 3 and ......ly, 1975. The pre-emptor claimed that he is co-sharer by inheritance as well as by purchase in the tenancy in question, whereas the pre-emptees are strangers. The pre-emptees resisted the application for pre-emption contending that they are co-sharers by inheritance and as such the transfer to them ...... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ..Category: Property Law | Date: | Hits: 72
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....ciples of common sense, justice, equity and good conscience but then equity will not come to the aid of the litigant who is not vigilant. That is the position here. The indolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The ......by the Special leave is directed against the judgment and order of the High Court Division in Civil Revision No.1122 of 1977. Facts are as follows: The appellants as plaintiffs instituted a suit for partition of the suit property by metes and bounds. It was decreed in preliminary contest on 29.......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
....arte provided the decree was one and indivisible. Dhonai Sikder Vs. Tarak Nath, 12 CLJ, 53. 4. But it will not affect the case of the defendant against whom ex-parte decree was passed and whose claim was not subject matter of appeal although he might be made party as respondent in the appeal.......nt passed by the High Court Division in Civil Revision No. 1177 of 1976 discharging the Rule and upholding the judgment and order of the Subordinate Judge rejecting the prayer of the appellant for hearing of the Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure. 2....... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..Category: Procedural Law | Date: | Hits: 80
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
....mand that they are entitled to pay rent at half of the rate. The respondent vide their letters dated 4-4-2004, 10-5-2004, 6-6-2004, 11-6-2004, 8-8-2004 and 16-8-2004 replied to the petitioner denying claim of paying rent at half of the rate and demanded payment of arrear rents at the rate as per the......structed by Sufia Khatun, Advocate-on-Record—For the Petitioner. Mahmuda Begum Advocate-on-Record—For the Respondent Nos.2 and 3. Not Represented—Respondent Nos.1 and 4. Civil Petition for Leave to Appeal No.1173 of 2008. (From the judgment and order dated the 23rd day of September...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
.... of default in the payment of monthly rent. As regards the plea of default, the learned Assistant Judge observed, the tenants could not escape from default in the payment of rent since the landlord claimed that the tenants had been paying rents irregularly and that they have been depositing rent......- AKM Shamsuddin Vs. Dr. Aftab Uddin Ahmed, 12 BLD (AD) 81 = 43 DLR (AD) 230; Ramjan Ali Mistry Vs. Hedayet Ullah, 31 DLR (AD) 183; AIR 1967 SC 389; Bombay Vs. United Motors, AIR 1958 (SC) 252; Seaford Court Estates Ltd. Vs. Asher (1949) 2 KB 481; Padmasundrao Rao (Dead) Vs. State of TN, AIR 2002...... tenancy agreement between the parties stipulated payment of rent within the 7th day of the next month. It is found by all the Courts below that the rent for the month of July, 1982, was sent through money order on 12-8-1982, four days after the stipulated period. 11. The question is whether the ..Category: Tenancy Law | Date: | Hits: 210
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
.... being Policy No.00002152-7 dated 28-12-1996 Respondent No.1, the wife of the insured, was made nominee in the policy. On 25-3-1997 Rafiqul Islam died whereupon the respondent No.1 made the insurance claim to the appellant. On inquiry, the claim was found valid. As the insured amount was not being p......ka rejecting its plaint in Title Suit No.30 of 1999 on a finding that the suit as framed was not maintainable. 2. The facts which are not disputed are that, deceased Rafiqul Islam insured his life for Taka 200000.00 with the appellant-company and the appellant on receipt of the first premium issu......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..Category: Business or Commercial Law | Date: | Hits: 190
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
....Emergent meeting” at 2 PM on 14-3-2000 a no confidence motion was passed against the petitioner on the ground of alleged abuse of power and incompetence as the President of the CCCI. The petitioner claims that no notice of any such meeting was served on the petitioner (Annexures-‘D’, ‘E’ a......ndents to show cause as to why they should not be directed to cancel the impugned resolutions dated 14-3-2000 (Annexure-‘G’) and the impugned Circular 10-5-2000 (Annexure-‘J’) not being in conformity with the provisions of the Articles of Association, in particular Articles 26 and 27, of the...... Rule is disposed of without any order as to costs. Send down the record at once. Let a copy of order portion be sent to DTO immediately. Ed. This Case is also Reported in:52 DLR (2000) 659. ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....y under Article 52 is not a bar to invoke writ jurisdiction for interpretation of law. 19. The petitioners deny any knowledge of a meeting with the so-called ‘leaders of the panels’. They also claim that no categorical contradiction was made that counting of votes from outside Dhaka started i......acked ‘Ganatantrik Oikya Panel’ won the election of twenty-five representatives of the Register Graduates of Dhaka University, to the Senate. 3. The Senate election of the Registered Graduates for the academic year 1997-98 was first announced to be held by notification dated 25-6-97. The grad......the Senate of the Registered Graduates of Dhaka University is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 52 DLR (2000) 650. ..Category: Election Law | Date: | Hits: 105
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....Service Department dated 16-04-92, of the Police dated 15-10-92, of the Surveyors dated 15-07-92 and also that of the Civil Defence. But in spite of repeated demands, the defendant did not settle the claims of the plaintiff. 6. The suit was contested by the defendant No.1 alone by filing a writte...... judgment. 2. FA No.353 of 1995 was presented against judgment and decree dated 29-06-95 passed by Subordinate Judge, 2nd Court at Chittagong in Money Suit No.45 of 94 decreeing the suit with cost for Taka 28,03,624.16 together with interest on Taka 22,45,360.00 out of the decreed amount @ 15% fr......4 together with interest on Taka 22,12,937.00 out of the said amount @ 15% from the date of institution of the suit till realisation. 11. On 11-06-94 the suit was instituted for the above claim of money for loss by fire. The imported raw cotton and cotton yarn of the plaintiff stored within the p..Category: Business or Commercial Law | Date: | Hits: 211
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....he plaintiff at Chittagong and promised to repair the damaged portion of the plaintiff’s Tanker at the cost of the defendant. But afterwards he did not keep the commitment, rather brought a counter-claim against the plaintiff on false pretext. 4. On 8.1.1988 the Master-in-charge of the plaintif...... of the Parties and now disposed of by this judgment. 2. This Admiralty Suit has been instituted by the plaintiff, Bangladesh Inland Water Transport Authority (in short BIWTC) on 7.1.1990 praying for a decree for realization of Tk. 66,500/- as compensation for loss and damage occasioned due to c......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....also for damage for late delivery and imposition of development surcharge which further comes to Tk. 24, 45,135.00. The plaintiff also amended the plaint for the second time in paragraph No.8 and the claim has been enhanced to Tk. 1, 27, 61,175.00. 4. The defendant Nos.1, 3 and 4 are the vessel ...... with Muhammad Ohiullah, Advocate-For the Respondents. Admiralty Suit No. 44 of 1997. Judgment AFM Abdur Rahman J. - Admiralty suit filed by Fazlur Rahman and Company Pvt. Ltd. On 24.7.1997 for realization of compensation for short landing of goods valued at Tk. 1,21,61,175.00 has been hea......g the actual importer of the goods upon a LIM account with the L/C opening Bank, the beneficial ownership in the consignment remains with the plaintiff the actual importer, subject to payment of loan money to the Bank and the L/C opening Bank remains a sham consignee till the entire loan money is re..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Amir Hossain Vs. M.V. TITU-5 and others, 2010, 39 CLC (HCD)
....aid vessel M.V. TITU-5 which has got collision with the vessel M.V. Nazimuddin owned by the plaintiff and the cargo owner filed the Money Suit No. 30 of 2008 in the Court of 2nd District Judge, Dhaka claiming the compensation for the damage of cargo. Therefore, as the cause of action is similar the ......- For the Defendants. Admiralty Suit No.15 of 2007. Judgment AFM Abdur Rahman J. - By this application the plaintiff Amir Hossain represented by the learned Advocate Mr. S.K. Siddique prays for withdrawal of the Money Suit No.30 of 2008 now pending in the Court of 2nd Additional District J......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....roperty from the Government being the lessee of the Government in the suit premises. 6. The defendant Nos. 1 and 2 and the defendant No.3. filed two separate sets of written statements denying the claim of the plaintiff. It is stated that according to the rules the property in question was sold t......a in Title Suit No.1 of 1996. Since these two appeals have arisen out of the same judgment of the trial Court they were heard together and disposed of by one judgment. Defendants are the appellants before this Court and the plaintiff is the respondent in these two appeals. 2. Facts relevant for t......s laid down in the tender form for selling the said property. The plaintiff being one of the tenants of the suit holding submitted tender for purchasing the suit property on 31-1-1985 with an earnest money of Taka 1,75,050.00. Since the submission of the tender the plaintiff was not informed about t..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
.... petitioner was ordered to pay Taka 56,74,232 within 30 days. The petitioner filed the suit being TS No.4 of 1989 before the Subordinate Judge and Artha Rin Adalat No.2 Dhaka for declaration that the claim of the respondent Bank as included in the certificate proceeding was not due to the Bank and t......and passenger marine vessel. The Company has registered office at 59 Dilkusha Commercial Area Dhaka. The respondent Bank sanctioned loan of Taka 22 lac in favour of the petitioner company on 2-2-1979 for construction of passenger Marine vessel of two engines and in terms of the sanction petitioner c......nd Engineering Works Limited entered into a tripartite agreement amongst them on 12-7-1980 for construction of the vessel and in terms of the agreement the petitioner company would deposit its equity money in the respondent Bank and the respondent Bank would provide the loan facility. It was agreed ..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....2 dated 3.3.1999 executed by the defendant No.2 in favour of the defendant No.1 is a product of forgery without consideration and accordingly illegal and not binding upon the plaintiff. The plaintiff claims that while the defendant No.2 Samala Bibi was in exclusive possession of 0.35 acres of land o......yangonj in Title Suit No.206 of 2000 decreeing the suit. 2. The plaintiff Md. Rafiqul Islam Liton instituted the Title Suit No.159 1999 in the Court of Rupgonj Senior Assistant Judge, Narayangonj for declaration of his title in the suit property, measuring an area of 0.35 acres of land against t......i obtained exclusive possession in 0.32 decimals of land in Suit Plot No.517. Later she sold the same to the defendant No.1 by executing a Baina Nama on 31.5.1997 upon obtaining Tk. 20,000/- as Baina money out of the total consideration of Tk. 50,000/-. Later the sale was finalized by executing the ..Category: Property Law | Date: | Hits: 74
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