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Abdus Samad & Others Vs. Md. Sohrab Ali & Others, 1980, 9 CLC (AD)

....l is allowed with costs and the judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. ED. This Case is also Reported in: 1 BLD (AD) (1981) 77 ......en objection but they failed to remove the defect, and conse­quently, the application must be treated as not properly constituted. Section 96, sub-section (2) requires that all the co-sharer tenants of the holding are to be impleaded in the application falling under the first part of sub-se..

Category: Property Law, Tenancy Law | Date: 18 Mar, 1980 | Hits: 4

Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)

....fence Purchase to supply 300 tons of "Dal-Chana". The petitioners could not supply the said Dal-chana to the Directorate General of Defence Purchase and consequently could not fulfill their contractual obligation. As a result, the Directorate General of Defence Purchase can­celled the ......This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78     ..

Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2

Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)

....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......allegations, inter alia, that they were owners of land contiguous to the land under pre-emption, that they were bona fide cultivators, that the petitioner was neither a co-sharer of the holding nor a tenant holding land transferred and that they had no knowledge of the transfer earlier than the date..

Category: Property Law | Date: 3 Mar, 1980 | Hits: 8

P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)

.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19.   ......lip;…………………..Respondent Judgment February 6, 1980. Result: The appeal is dismissed. Payment of rent in lump does not help the tenant from the mischief of default- A tenant by making payment of rent in lump shall ordinari..

Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2

Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)

....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432         ...... in T.S. No/ 76/58 was leased out to him by Mr. Hithford, the then Manager of the plaintiff Company at the rate of Re. 1 per bigha per year 31/32 years back. He has been possessing the suit land as a tenant paying rent thereof. He has acquired tenancy right m the suit land and is not liable to be ev..

Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1

Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34.           ......gricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. Effective delivery of pos­session of gifted immovable property in occupation of tenant will be occurred by delivery of title deed. The provision of s.23 of the Non-agricul­..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

....for in terms of his appointment. It has been held there that any and every termination of service is not a dismissal or removal from service. A termination of service brought about by the exercise of contractual right is not purely dismissal or removal. Likewise, the termination of service by compul......d order. In the result the rule is discharged without any order as to costs. Rafiqur Rahman J. — I agree, Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 332   ..

Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1

Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)

....ervice of its employees and that the P.I A Service Code relied upon by the petitioners got no statutory force; further contentions of the Corporation are that the petitioner's services are purely contractual in nature based upon an implied contract between them and the Corporation and that the G......ess at Tk. 500/- in each. Prayer for leave to appeal in all the cases is refused. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 199. ..

Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2

Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)

....plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ...... derequisition and order for restoration of possession the Director, Board of Accommodation, respondent No.2 and the Estate Officer, of the Director, Board of Accommodation let out the house to a new tenant. Chairman Officer of the National Foundation for Research to Human Resource Development, Resp..

Category: Property Law | Date: 26 Jul, 1978 | Hits: 2

Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)

....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180.   ...... on a perusal of a registered kabala dated 15.9.62 with regard to the Suit land, the learned Munsif found that the suit land was purchased by the defendant Nos.1 and 2 front the heirs of the recorded tenant for a consideration of Rs. 1550/- From the endorsement in the kabala, the learned Munsif foun..

Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1

Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)

....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250.   ......d that during Jasmat Sardar's life time the land was taken and given borga bandabosta to others. As Jasmat was possessing the land as borgadar his name was wrongly recorder, in the C.S. record as tenant paying borga rent though he was never recognized as a tenant by the plaintiffs' predecess..

Category: Property Law | Date: 21 Mar, 1978 | Hits: 3

Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......The sale was therefore invalid and the under tenure were never annulled. On the wholesale acquisition of rent receiving interest from April, 1956 the plaintiffs were recorded in the S. A. Khatians as tenants-in-possession under the government. But defdt. No.1, Ammullaya Ch. Kundu claiming that the a..

Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2

Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)

.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... The sale was therefore invalid and the under tenure were never annulled. On the wholesale acquisition of rent receiving interest from April, 1956 the plaintiffs were recorded in the S.A. Khatians as tenants-in-possession under the government. But  defdt. No.1, Ammullaya Ch. Kundu claiming that..

Category: Property Law | Date: 16 Jan, 1978 | Hits: 2

Benoy Bhusan Bardhan and others Vs. Sub-Divisional Offi­cer, Brahmanbaria and another, 1977, 6 CLC (AD)

....e concern­ed, were without lawful authority. In the result the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 149. ...... not be entitled to hold over aft­er the expiry of the period of lease. (4) Notwithstanding anything contained in any other law for the time being in force or in any agreement, the lessee or tenant in respect of any enemy property leased or let out under sub-paragraph (2), shall be liable t..

Category: Property Law | Date: 29 Nov, 1977 | Hits: 112

Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)

....rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230.     ......73 filed the present Misc Case on 10 3.73 under section 96 of the State Acquisition and Tenancy Act in" the Court of Munsif, 2nd Court Sadar Sylhet claiming themselves to be co-sharers tenants of the holdings, having no notice of the sale. Their further case is that the purchaser is a..

Category: Property Law | Date: 25 Nov, 1977 | Hits: 2

Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)

.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407   ......striction Ordinance in case of Din Muhammad Vs. Abdul Aziz, reported in P.L.D. 1967 (Lahore) 653 it has been held : “There is no doubt about the fact that an application for ejectment of a tenant under section 13 of Ordinance VI of 1959 is not a suit but there is equally no doub..

Category: Property Law | Date: 17 Nov, 1977 | Hits: 2

Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)

....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179.     ......nbsp;23 and25 the Code clearly lays down that there can be no remand unless the conditions laid down in those rules exist…… (10-12) Deduction of the amount payable by the tenant to recover from the landlord— In case of urgency, the tenant may serve a notice in..

Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1

Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)

....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349.   ......serted that the claim is barred by limitation. 4. The respondents have examined P.W.1 and also produced two cheque Muri books (counter foils) Ext. 1 and 1(a) showing collection of rents from the tenants for the relevant periods and also relied upon the earlier decision of Arbitration Case No. 1..

Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2

Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)

....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75.         ......ind and hold that the Misc. case is not maintainable in law. 5. On appeal the learned District Judge reversed the decision of the trial court holding that pre-emptor No. 1. being not a co-sharer tenant of the case holding has got no locus standi to file the application but I find that the petit..

Category: Property Law | Date: 9 Aug, 1977 | Hits: 2

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......aid Chapter, the particulars to be recorded in such a survey "may include, either without or with any edition to other parti­cular, some or all of the following, namely, (a) the name of each tenant or occupant (b) the class or classes to which each tenant belongs that is to say, whether he ..

Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113