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Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....pant. In a slip-shod judgment she found that the defendant had not paid rent in spite of his knowledge about the transfer in favour of the plaintiff, that he was a bona fide defaulter and that the disputed premises was required by the plaintiff. The suit was accordingly decreed on 23-9-1986. ......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ppellant for his ejectment and for realisation of arrear rent. The plaintiffs’ case, inter alia, is that Mirza Murshal Hossain and his wife Begum Shamsun Nahar, inducted the defendant in the disputed premises under an agreement dated 14.8.69 with effect from 1.8.69 at a monthly rental of T......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....der the following submissions: “The petitioner now contends that it was stated in the petition and submitted before the High Court Division that the question of age of the petitioner being a disputed question of fact the same could not be decided in the writ jurisdiction, particularly, wh......t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ..Category: Election Law | Date: | Hits: 129
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
....s of the suit property in respect of gandas of land by virtue of a gift in their favour including- the suit property. The case of the appellants is that the re were in permissive possession of the disputed holding No 294 which has been described in Schedule A of the plaint to be within the Chitt...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ..Category: Property Law | Date: | Hits: 52
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....heir wives should be ordered either to pay maintenance to their wives or divorce them It was further directed that in the event of divorce they should also remit arrears of past maintenance It is not disputed that no exception was taken to this directive of Caliph Umar The argument of the Hanifies i......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....ated that as the said pumps are not manufactured in Bangladesh and as it takes time to procure them and as arrangement was already made to bring them, further 30 days’ time was necessary. It is not disputed that 2(two) pumps were delivered on 25-11-87 and the note-sheet (Ext. 20) shows that the Su......vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ..Category: Anti-Corruption Laws | Date: | Hits: 92
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....re imported in breach of the sales contract relating to the rate there is no want of authority on the part of the revenue to enforce the rate prevail for levy of such duty. When breach of contract disputed the grievance that the impugned order offends the principle of natural justice is not ente......missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 111
Moinuddin (Md) Vs. Bangladesh, 1996, 25 CLC (AD)
....n abandoned property and directed restoration of possession thereof to the petitioner. The petitioner filed the above mentioned case under section 7 of Ordinance No. 54 of 1985 for exclusion of the disputed house from the “Ka” list of the Abandoned Buildings stating, inter alia, that ......he petitioner. Thus the impugned judgment and order warrant no interference. The petition is ,therefore, dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 56 ..Category: Property Law | Date: | Hits: 58
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....ade some submissions of HBTL’s own regarding the maintainability of the writ petition. First, he submits, the writ petition is not maintainable because the question of ownership of the licence is a disputed question of fact. The agreement dated 27.6.89 was made between BTTB and BTL, when BTL was a......etition in respect of this system is allowed. No order as to costs. Civil Appeal No. 3 of 1993 is dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 20..Category: Information Technology Law | Date: | Hits: 242
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....tiffs never expressed their desire for pre-empting the structures also at or about the time when the transfer was made. It is in evidence that defendant No.1 with her family had been living in the disputed structures since 1958 as lessees when there was a contract for sale of the suit land betwe......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ..Category: Property Law | Date: | Hits: 84
Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)
.... allotment letter dated 16.6.1962. A lease deed was executed by the Government in favour of the said Alimannessa which was duly registered on 28.3.1963. The writ-petitioners had been living in the disputed building with their mother, their father having died in 1954, till June 1974. In the secon...... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ..Category: Property Law | Date: | Hits: 57
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
.... the fund may be belonging to the entire family. In this case, there was evidence that some cash was left by the father of the parties and a portion of the same was utilised for the purchase of the disputed property in defendant No. 1's name. The learned Judge directed that the property under suc......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ..Category: Property Law | Date: | Hits: 51
State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)
....fession made by the accused before the witnesses of doubtful integrity should not be believed unless corroborated by exceptional circumstances. These are well-known principles of law which are not disputed by Mr. ATM Masud, the learned Deputy Legal Remembrancer, appearing on behalf of the State....... allowed to the extent of sentence only and the conviction under section 302 of the Pakistan Penal Code is maintained. The appellant is sentenced to undergo transportation for life. Ed. ..Category: Criminal Law | Date: | Hits: 62
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
....vocate for the appellant in assailing the judgment under appeal is, first, that having regard to the "admitted case that the defendant No. 1 was a tenant under the plaintiff in respect of the disputed premises, and that the defendant No. 2 was a sub-tenant under the defendant No. 1 in respe...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ..Category: Property Law | Date: | Hits: 71
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....Nath Biswas his interest devolved on his father Lalit Kumar Biswas. Thereafter Lalit Kumar died leaving behind him a widow Harimati and a son Anil Kumar. These two persons sold away a share in the disputed property to the petitioner by a registered kabala dated 20.6.57, Exhibit A (I). The petiti......the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 47
Jogomaya Kundu Vs. Sudhir Kumar Kundu and another, 1972, 1 CLC (HCD)
....trate, 1st Class, Patuakhali on 26.11.68. On that very date, the complainant filed an application before the said Magistrate under section 522 of the Criminal Procedure Code for restoration of the disputed hut. The trying Magistrate passed the order for restoration of possession of the disputed ......of restoration of possession. There is, therefore, no ground for this Court to interfere with the order passed by the appellate Court. In the result, the Rule is discharged. Ed. ..Category: Criminal Law | Date: | Hits: 66
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
.... was insane for about 30 years till the time of his death, and that he leaving 4 sons all of whom are residents of India and that the plaintiff petitioner has got no connection whatsoever with the disputed lands which are in their possession. They further allege that they were possessing the dis......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ..Category: Civil Law | Date: | Hits: 100
Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)
....nt case records received with your memo No. forwarded to the CO (R), Bhola Mehendiganj PS for taking necessary action in the light of the order of the Additional Commissioner referred to above, the disputed new char which has appeared in the eastern bank of Tetulia river contiguous to a mouza Ch......n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ..Category: Property Law | Date: | Hits: 81
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....a, that the plaintiff was not the sole proprietor of the said holding, Momtaz Begum, wife of Nawab Mia alias Nanwarul Huq, Petitioner No. 3 and her mother and brothers have 4 annas interest in the disputed holding and that they had earlier filed Title Suit No. 114 of 1965 in the said 4th Court o......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....he execute any power in favour of Mr. Ataur Rahman engaging him as her pleader. She further alleged that there was no person Jagadish by name at village Lakshmipasha and that she never settled the disputed land measuring 7.56 acres appertaining to several Khatians of Mouza Dhebadah, PS Lohagara,......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
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