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Anil Kumar Sarker & others Vs. Sree Sree Kalimata Bigraha, 1983, 12 CLC (HCD)
.... above we do not find any substance in this appeal. This appeal is therefore, dismissed with costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 47 ......a Prasad Sarker and his brothers, influenced by supernatural powers of Hemangini, settled with her the suit land on receipt of salami in 1351 B.S. and delivered possession to her accepting her as the tenant. Narayan Kumar Datta who erroneously recorded the land in her name as Shebait. The defendants..Category: Property Law | Date: 4 Apr, 1983 | Hits: 4
Md. Shahadat Hossain & others Vs. Kohiladdi Shaikh & others, 1983, 12 CLC (HCD)
....osts. The judgment and decree of the lower appellate court are set aside and those of the trial court are affirmed. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 126. ......er does not exercise the right to annul the incumbrance within the time allowed by law, it must be presumed that he intends to adopt the under tenure or any other incumbrance created by the last tenant. This is a correct interpretation of the section. But in the instant case the main point for ..Category: Property Law, Tenancy Law | Date: 18 Mar, 1983 | Hits: 3
Erfan Ali Vs. Joynal Abedin Mia & others, 1983, 12 CLC (AD)
....e jurisdiction prescribed by law. The result, therefore, is that the appeal is dismissed, but no order as to costs is made. Ed. This case is also reported in: 35 DLR (AD) (1983) 216. ......aintiff filed O.C. Suit No. 225 of 1960 in the Court of Munsif, Rajshahi, for recovery of khas possession of the suit land by ejecting the appellant-defendant. He claimed the appellant to be his tenant from month to month in respect of the suit premises. The appellant denied the landlord-tenant..Category: Procedural Law | Date: 9 Mar, 1983 | Hits: 99
Shamsur Rahman Khan and others Vs. Government of Bangladesh, 1983, 12 CLC (HCD)
....the learned Advocate for the petitioners. 12. In the result, the rule is discharged. However without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 284. ...... in 16 DLR (SC) page 281 it has been held:— "Reading the Act as a whole the intention appears to be firstly, that all rent receiving interest shall disappear, secondly, that so far as tenants are concerned, they will be entitled to retain possession only of certain categories of land..Category: Civil Law, Property Law | Date: 6 Feb, 1983 | Hits: 7
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ......the plea of Mr. Anser Ali that a separate application to claim rateable preemption under section 96(4) was necessary this is not acceptable. According to section 96(4) a co-sharer tenant including the transferee could apply to seek rateable preemption. In this case though no sepa..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ......dary and actually bears tea plants the land may be resumed, or, on the application in writing of the lessee he may at the direction of the Commissioner be allowed to hold on from year to year as tenant at will for 3 more years or such less period of time as the Commissioner with the sancti..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......usbandry and actually bears tea plants the land may be returned, or, on the application in writing of the lessee he may at the direction of the commissioner be allowed to hold on from year to year as tenant at will for 3 more years or such less period of time as the Commissioner with the sanction of..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....for preemption are affirmed. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 89. ......Advocate appearing on behalf of the petitioners has submitted that the written objection filed before the learned Munsif does not contain any specific allegation that any co-sharer or contiguous tenant had not been impleaded or joined in the application. He has next submitted that although..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....ion are affirmed. In the facts and circumstances of the case there will be no order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 79. ...... Advocate appearing on behalf of the petitioners has submitted that the written objection filed before the learned Munsif does not contain any specific allegation that any co-sharer or contiguous tenant had not been impleaded or joined in the application. He has next submitted that although wr..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ...... next contended that the legal status of a mortgagee of a mortgage by a conditional sale being that of the transferee, defendant No. 1, by virtue of oral lease from Chunnu Bepari, was a second degree tenant of non-agricultural land or under-tenant and he having held such land without a lease in writ..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)
....t provided that the same right shall not be assignable or his representative-in-interest shall not be entitled to specific performance of the said contract, which however is not the case here. Such a contractual right without the limitations as herein before mentioned, is assignable, transferable an...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51 ..Category: Property Law | Date: 7 Dec, 1981 | Hits: 2
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
....ppropriate actions and the plaintiff if successful would be entitled to damages but certainly not through an order of injunction which would interfere with the normal banking transaction and also the contractual obligation of the Bank. In the latter case the Appellate Division referring to the case ...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....the relationship between the government and civil servants. In describing what is the relationship, Ramaswami J. stated as follows: "It is true that the origin of Government service is contractual. There is an offer and acceptance in every case." But once appointed to his po......foresaid case. The provisions of this Act which were impugned were held to be not unconstitutional as they had intended to eliminate all rent-receiving interests and to create a uniform class of tenants under the Government and that Section 3 of the Act gave the power or discretion to acquire s..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ......nts contending that the decree was fraudulently obtained. The finding of S. C. Court is substance has established that respondents succeeded in proving the relationship of landlord and tenant. But the S. C. Court proceeded to examine the paramount title of the respondents and hel..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ......short are that the appellant instituted Small Cause Court Suit No.5 of 1973 for ejectment of the respondent from the suit premises describing the respondent as an ordinary ejectable monthly tenant at a monthly rental of Tk.40/- The suit was instituted after determining the tenancy by servi..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)
...., page 724: “F.O.B. Contracts Passing of risk and property... "F.O.B." or "free on board" means on board a ship to be named by the buyer, and the seller's contractual duty is there and then to the property in the goods sold to the buyer. Whether or not th......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138. ..Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ...... this prohibition against creating a complete usufructuary mortgage in favour of a person other than a bona fide cultivator, some of the beneficial measures for giving relief to indebted agricultural tenants which were incorporated in the amended section 26G were not considered to be necessary ..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5