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Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ...... (AD) 16. ......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......o. 2 is the wife of defendant no. 1. She applied for mutation on 11-3-58 claiming to have purchased the suit land on the basis of a kabala dated 9-2-57 executed by the said Sailendra Nath Basu. The plaintiff contended that since Sailendra Nath Basu had no saleable interest the said kabala was frau..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......ich a Court barred to try. The Civil Procedure Code, 1908 (V of 1908) Or. VII, r 11 Public Purpose Natural Justice Section 14A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against an......r Chowdhury, J. Order of the Court By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ......28 of 1978 decided by a Bench of the High Court Division, Chittagong (Mr. Justice Fazle Husain Mohammad Habibur Rahman and Mr. Justice Md. Abdul Jalil) on 21st January 1985. 2. Appellants who are plaintiffs filed O.S. No. 19 of 1977 in the 3rd court of Subordinate Judge, Chittagong impleading ..Category: Property Law | Date: | Hits: 48
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......ia Patwary & others………………..Respondent Judgment January 19, 1986. The Civil Procedure Code, 1908 (V of 1908) Or. I, r, 10(2) Treating the suit property as vested and non-resident property and thereafter leasing out the same in favour of the appellants had led to......1979 of the Court of Subordinate Judge, Lakshmipur will now proceed in accordance with law. There will, however, be no order as to costs. Ed.This Case is Also Reported in: 38 DLR (AD) (1986) 308 ......e in possession of the suit land. Plaintiff-respondent purchased Jaheda Khatun's share from her heirs and also purchased the share of Subash Chandra Pal on 2nd December 1978. Since his purchase plaintiff-respondent had been possessing the same. Defendant No. 1 in collusion with defendant No...Category: Property Law | Date: | Hits: 42
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ...... Augusr 3, 1986. The Civil Procedure Code, 1908 (V of 1908), Order XXVII, rr. 1 & 2 The Government by a Notification dated 14th December, 1955, authorised certain officers to sign and verify the plaint or written statement. The Government by a Notification dated 14th ...... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......rnment ''represented by the Military Estate Officer". The suit in which this question has arisen is Title Suit No. 842 of 1981 in the 1st Court of Subordinate Judge, Dhaka, filed by the appellant-plaintiff. It is a suit for ejectment of a monthly tenant, namely, the Government and for realisatio..Category: Tenancy Law | Date: | Hits: 108
Srish Chandra Das Vs. Sri Sri Chatteswari Debi Bigraha, 1986, 15 CLC (AD)
....e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......e judgment of the High Court Division is set aside and that of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 283. ......greement. 5. Suit was decreed by the learned Subordinate Judge who directed defendant Nos. 1 (a) to 1(c) to execute and register the deed of sale on accepting Tk. 47,000/- to be deposited by the plaintiff in the trial Court within 10 days from the date of judgment and on their failure to do so,..Category: Criminal Law | Date: | Hits: 88
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256..............Appellant Vs. District Magistrate, Kushtia arid others…………………....Respondents Judgment January 27, 1986. Result: The Appeal is allowed. The Printing Presses and Publication (Declaration and Registration) Act, 1973 (XXIII of 1973) Declaration in resp......cluding Printing Press be released at once and the publication of weekly 'Ispat' be allowed. There will, however, be no order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 256.......d Report, 939 to show that District Magistrate had no power to delegate his authority to authenticate. This has no application to the facts of the present case. In dealing with the question whether plaintiff’s purported dismissal was a nullity, House of Lords held that it was so because the loca..Category: Information Technology Law | Date: | Hits: 226
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......DLR (AD) (1986) 201. ......Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......nd Chowhali police station of Pabna District. The dispute in the suit related to the conflicting claims of two hats, namely, Salimabad hat and Tebaria hat to sit on two particular days in a week. The plaintiff as well as the defendant claimed the right to sit on Tuesdays and Fridays of the week. ..Category: Property Law | Date: | Hits: 202
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......dul Latif & another. ……………………………...Respondents Judgment March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the agreeme......ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......eement. 3. Defendant contested the suit that he did not sub-let the premises but was carrying on partnership business with defendant No. 2 since 1974. The defendant paid rent regularly, but the plaintiff refused to accept rent. So he sent rent for the month of September and October 1977 by mon..Category: Tenancy Law | Date: | Hits: 65
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Khorshed Alam @ Shah Alam……………………………………………Appellant Vs. Amir Sultan Ali Hyder and another……………………….. Respondents Judgment March 22, 1984. Result: T...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ......al is allowed. Plaintiff-respondent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further declaration that the plaintiff is the only son of late Amir Ali Mia, Mutwalli of Salamat Mia Wakf Estate of Rajshahi an..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......te Division (Civil) Present: F K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Ismail Ullah, being dead his heirs Bazidullah and others……….Appellants Vs. Sukumar Chandra Das and others………………………......d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......nd since purchase he is in possession thereof by paying rent to the landlord. He further contended that the second schedule of the land of the written-statement was taken by settlement from Tarani, plaintiff No, 6. On the basis of such purchase and settlement he is in possession of the suit land..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115...... Ahmed J Md. Nurul Islam, being dead his heirs: Md. Shamsul Islam & ors…...........Appellants Vs. Abdul Malek.......................Respondent Judgment July 11, 1985 The Bengal Land Revenue Sales Act, 1859 (XI OF 1859), sections 26 and 33 The General Clauses Act, 1897 (......table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......section 42 of the Specific Relief Act.……(23) Inordinate delay in filing prayer for amendment of the plaint on material issue requiring filing of such petition much earlier, disentitles the plaintiff to get such amendment. The appeal is dismissed……..(27) Cases Referred to- Provinc..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......tion 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to the landlord. Once a......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......ve the question for determination is whether the learned Single Judge of the High Court Division rightly interfered with the appellate Court's judgment holding that the respondents are tenants of the plaintiff-appellant and shat they are estopped from questioning the appellant's title in the suit-pr..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ...... Abani Kanta Chakraborty & others........Respondents Judgment February 5, 1986 The State Acquisition & Tenancy Act (XXVIII OF 1951) Section- 3(4) (e) The Plaintiff got licence from the landlord for cultivation of jute in the disputed land since 1940, the land being in his possession, f......s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......enancy right. 3. Defendant-appellants contested the suit. Their case was that the suit land is s part of C.S. Plot No, 3271 of mouza Hogla which consists of 21.61 acre of land out of which the plaintiff claimed only one acre. The ren-treceiving interest of the Zaminders were acquired under ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ......gment May 30, 1985. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 & 135 The Co-operative Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separ......rder of the High Court Division is set aside and that of the Subordinate Judge and the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 81. ...... Government Servant, and as such, is entitled to protection of Article 135 of the Constitution of Bangladesh, now under suspension. This arises from Civil Revision No. 525 of 1980. 2. Respondent-plaintiff was appointed as Searching Clerk of the Dhaka Co-operative Land Mortgage Bank by the Regis..Category: Employment/Service Law | Date: | Hits: 124
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......8), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the subject matter of the two proceedings namely, Miscellaneous Case No. 88 of 1974 and Title Suit No. 193 of 1981 are the same, the later was rightly stayed by the Subordinate Judge, ......above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......@ 15% per annum up to the date of realisation; (b) For declaration that the compromise petition filed in Miscellaneous Case No. 88 of 1974 in the court of District Judge, Dhaka is not binding upon plaintiff as being fraudulently obtained on misrepresentation; (c) for costs; and (d) any ot..Category: Banking Law | Date: | Hits: 121
Delwar Ali Khan & another Vs. Sajedul Haque, 1986, 15 CLC (AD)
....the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ...... Vs. Sajedul Haque……………………………………….Respondent Judgment July 9, 1985. The Code of Criminal Procedure, 1898 (Act V of 1898), section 5(2) The Printing, Press and Publication (Declaration & Registration) Act, 1973 (23 of 1973). An offence created under......the trial. Subject to these observations, the order of the High Court Division is upheld. The appeal is accordingly disposed of. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 52. ...... another application for amendment with a prayer for framing charge against the appellants under section 30 of the aforesaid Act. This application was, however, rejected on 26th May 1984. Thereupon plaintiff-respondent moved the High Court Division Dhaka Bench and obtained a Rule, being Criminal R..Category: Criminal Law | Date: | Hits: 59
M/s Hajee Mohammad Ali & Sons Vs. Burma Eastern Ltd. & others, 1986, 15 CLC (AD)
....dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......Ahmed J M/s Hajee Mohammad Ali & Sons…..Appellant Vs. Burma Eastern Ltd. & others…………Respondents Judgment July 22, 1985. Result: The appeal is allowed. The Abandoned Property Order, 1972 (P.O. 16 of 1972) Taking over and handing over of possession of the ......dgment of the High Court Division is set aside and that of the trial Court is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 41. ......nd 8th December 1983. 2. Plaintiff-appellant was appointed an authorised dealer of a petrol pump station at Askararbad, Dhaka Trunk Road, Chittagong. Terms and conditions of dealership between the plaintiff and defendant-respondent No. 1 are contained in the agreement dated 12th September 1968. O..Category: Business or Commercial Law | Date: | Hits: 118
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ...... Supreme Court Appellate Division (Civil) Present: FKMAMunim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Sk. Abdul Latif and another…………………………..Appellants Vs. Abdul Malek Kazi & ors................rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against judgment and order passed by the High Court Division in Second Appeal No. 293 of 1976. 2. The appellants as plaintiffs instituted Title Suit No. 385 of 1966 in the 1st Court of Munsif, Bagerhat, for recovery ..Category: Property Law | Date: | Hits: 63
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......n………………………………….. Respondents Judgment September 8, 1985. Result: The appeal is allowed. The Municipal Administration Ordinance, 1960 (X of 1960), section 38 and rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and....... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ...... The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plaintiff cannot cla..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......rder as to costs. Ed. ......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......nbsp; Muhammad Abdullah Jabir, J.—This appeal by special leave arises out of a judgment of the erstwhile High Court of East Pakistan in an appeal arising out of a suit which was filed by the plaintiff-appellant for declaration of his title to the disputed land and buildings and struct..Category: Property Law | Date: | Hits: 37
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