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Baby Masum and another Vs. Bangladesh Film Development Corporation and other, 2009, 38 CLC (HCD)
....e complaint that it was so paid. 10. So the question before us is whether, issuance of post-dated cheques for payment of the unpaid portion amount of money which had fallen due in consequence of a contractual transaction constitute an offence under section 406 and/or 420 of the Penal Code. 11.......Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 457. ..Category: Criminal Law | Date: | Hits: 66
....ir interest should not be interfered with. It was also contended that they being purchasers, their right is guaranteed under Article 42 of the Constitution. Mr. Azmalul Hossain, added that MMDL has a contractual and legal obligation to provide the infrastructure facilities as promised to the third p......ications. Rent -receiver has been defined in section 2(23) of the Act, i.e. the rent-receiving interest of (i) proprietor, (ii) tenure-holder,(iii) raiyats,(iv) anunder-raiyat, (v) a non-agricultural tenant, whose land has been let out but does not include a person in respect of such of his lands, a..
Category: Environmental Law | Date: | Hits: 434
Mst. Rahima Khatun and another Vs. Sree Monoranjon Saha and others, 2006, 35 CLC (HCD)
....e impugned judgment dated12.04.1990 (decree signed on 18.04.1990) is hereby affirmed. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 334. ......defendant Nos. 7-10 in collusion with each other created 2 (two) deeds of patta dated 22.8.47 & 17.11.51 in respect of the suit land and on the basis of the same claimed that original CS recorded tenant Panchamoni Dasi transferred the suit land to them and also threatened the plaintiff-petitione..Category: Property Law | Date: | Hits: 57
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....f this court to the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, for his information and necessary action. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 170. ...... No.1, in brief, is that the suit property situated within District Dhaka, PS Gulshan appertaining to Mouza Mohakhali under CS khatian No.107, Dag No.355, measuring 1.44 acres belonged to CS recorded tenant Mir Mohammad Dorji who died leaving behind his son Abdul Hamid Dorji; that Abdul Hamid Dorji ..Category: Property Law | Date: | Hits: 84
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......pposite parties 3-4 and 6-8 being defendants 1-3, 5 and 12-15 contested the suit by filing a joint written statement denying the material facts of the plaint contending, inter alia, that the recorded tenant of Plot No.387, R.S Khatian No.394 corresponding to S. A. Khatian No.393 Bhupendra Nath Mon..Category: Civil Law | Date: | Hits: 73
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......onstituted under secÂtion 5 of Small Causes Courts Act, 1887; section 15 of the Act provides for jurisdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of the tenant and Small Causes Courts cannot decide title of any party, it has no jurisdiction to pass the ..Category: Civil Law | Date: | Hits: 94
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ferred the instant appeal. 6. The learned Advocate appearing for the appellant seeks to impeach the impugned order on two fold arguments. Firstly, the dispute involved in the suit being related to contractual obligation and it is well settled that no injunction can be granted interfering the bank......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..Category: Business or Commercial Law | Date: | Hits: 365
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......ent opposite party No.1 Shahar Banoo Ziwar Sultan Bayed made a complaint to Kotwali Police Station through Co-ordination and Control Cell on 5-2-79 stating that the present petitioner was her monthly tenant in House No.252, Road No.22, Dhanmondi R/A, Dhaka. While she was abroad (in Iran) for about 7..Category: Procedural Law | Date: | Hits: 71
Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....cost. Order of stay granted at the time of issue of the Rule on 30-4-07 is accordingly, recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 72. ......ed with Dider Alam Kollol, Advocates — For the Petitioner. Mahbubey Alam, Senior Advocate — For the Opposite Parties. Civil Revision No. 1863 of 2007. Judgment MA Rashid J.- Defendant tenant obtained the above Rule upon making a revision application under section 25 of the Small Caus..Category: Civil Law | Date: | Hits: 281
Veena Khaleque and others Vs. State, 2009, 38 CLC (HCD)
....e appearing on behalf of the petitioner, submits that as per complaint, admittedly, there was master servant relationship between the accused party and the complainant, the service of complainant was contractual one, he was duly terminated from service, he was paid up all his salary and, as such, th......anted earlier is hereby vacated. Send a copy of this judgment to the court concerned at once for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 762. ..Category: Employment/Service Law | Date: | Hits: 238
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......er after obtaining certified copy of Parcha came to know about the matter and filed the present suit. 4. Opposite party Nos.1-3 contested the suit by filing written statement stating that the S.A. tenant went to India in the year 1965 and the suit property was never transferred elsewhere and it w..Category: Property Law | Date: | Hits: 155
Gopinath Das and others Vs. Government of BanglaÂdesh & others, 2010, 39 CLC (HCD)
....of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......ant to which plaintiff No.1 transferred 0.48 acre land by executing a nadabipatra in favour of plaintiff No.2. 8. Since settlement plaintiff No.1 has been in possession of the B schedule land as a tenant by payÂing rent to the sherista of GC Basak upto 1362 BS. He did the act of possession by re..Category: Property Law | Date: | Hits: 149
Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)
....umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......ite party Judgment August 7, 1983. Result: The application is rejected. The Transfer of Property Act, 1882 (IV of 1882); section 106 In the absence of a contract to the contrary the tenant is entitled to a notice for a period equal to half the length of the tenant under section 106..Category: Property Law | Date: | Hits: 73
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....ice dated 27th February 2001 requiring the KEPZ to deposit the awarded compensation within 60 days, that is within 27th April 2001 as required under section 12(1) of the Ordinance read with statutory contractual obligation as per Form-G and Form-H. Admittedly the KEPZ chose not to deposit the awarde......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....ted 30.08.2001 passed by the learned Subordinate Judge, 2nd court, Lalmonirhat is hereby set aside. 22. Send down the L.C.R at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 142. ......1961 and thereby the preemptor by the kabala dated 18.10.1977 from Momena did not acquire the status of a co-sharer; that the preÂemptor in their written objection admitted the fact that CS recorded tenant Ibrahim died leaving behind widow Taiman and a daughter Ayesha; that during pre-emptory heari..Category: Procedural Law | Date: | Hits: 162
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
.... Tenancy Act, 1950, which stipulates that certain gift or Heba are exempted from pre-emption, but not a "Heba-bil-Ewaz for pecuniary consideration". A document of Heba-bil-Ewaz has to be treated as a contractual document in the nature of sale and the law of contract is applicable to such a documentâ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..Category: Property Law | Date: | Hits: 139
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......it is barred by waiver, estoppel and acquiescence. It's case was that the then Pakistan Government initiated the Certificate Case No.68370/60-61 due to non payment of rent by the original recorded tenant Sree Pulin Behari; that the defendant No.1 participated in the auction sale and on 01.08.1962..Category: Procedural Law | Date: | Hits: 114
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......w whether he mentioned in the FIR that Selim, Hayat and Kashem open fired at his brother. This witness resides at Al-Falah lane. He does not do any work at the town. His family resides at the town as tenant. Rent is at Tk.3000/- and his salary is Tk.4000/-. He did not know whether witness Kobbat is ..Category: Criminal Law | Date: | Hits: 89
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......, he purchased some lands of Baroipara under Ramgonj police station and got pattan of certain lands from Jaminder. The land of ‘Ka’ schedule i.e. 4.61 acres of land were possessed by the previous tenants and after their death, their heirs while in possession and during riot of 1948 it was not po..Category: Property Law | Date: | Hits: 83
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......basis and jurisdiction and is void. 3. The case of the plaintiffs is, that Abdul Majid Saial, the predecessor of the plaintiffs, owned the suit property through his late father who was RS recorded tenant and thereafter Abdul Majid Saial died leaving behind the suit property to the plaintiffs and ..Category: Administrative Law | Date: | Hits: 452
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