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Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....asmuch as the previous rent was Tk. 72,000/00 and calculating enhanced rent of 50% the total would come to Tk.1,08,000/00 and not Tk. 1,30,000/00 as was worked out. This position was accepted by the Government and the appellant was allowed to pay rent at Tk. 1, 08,000/00 per year vide Annexure E (1......nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. ..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
....a and create a boundary wall but they were prevented from doing so by defendant No. 2 and his wife defendant No. 1 Defendant No. 2 in the meantime wrote a letter (Ext. 4) to the Minister of Commerce, Government of Bangladesh, alleging that the transaction under the conveyance, Ext. 1, was not a sale...... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ..Category: Others | Date: | Hits: 104
Hazera Begum and others Vs. Roushan Ara Begum and others, 1987, 16 CLC (AD)
....name was mutated in the landlord's Sherista nor did he possess the land nor paid any rent but Jobbed alone possessed the entire land and paid rent first to the landlord and then to the Government after State Acquisition. By the two Mortgage-deeds (as referred to above) Jobeda and her......deliver crop to the wife of Hedayet. D.W. 2 stated Jobeda alone paid rent to his father Yunus Bepari and denied the suggestion that they granted rent receipts to Jobeda and Hedayet jointly. Analysts of the evidence do not make out a case of complete ouster so as to justify the claim of ad..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal Committee, Mymensingh, 1986, 15 CLC (AD)
.... and the superior landlord and the defendants possessed the suit land openly and adversely. They further pleaded that after the acquisition of the rent receiving interests the said land vested in the Government and the defendants had become tenants directly under the Government and the Government ha......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. ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....porary injunction restraining defendants from dispossessing them till the disposal of the suit. 3. Plaintiffs' predecessor purchased the suit land in 1929 and had been in possession on payment of Government revenue. P.S. khatian stand in the names of plaintiff who made construction of a one-stor......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. ..Category: Property Law | Date: | Hits: 48
Waliullah Munshi Vs. Lodu Mia Patwary & others, 1986, 15 CLC (AD)
....is true, not a suit for title or possession but for a declaration that the suit land is not vested and non-resident property and that being so relief is sought against the Government. Had not the Government in the meantime leased out the suit land to anybody, obviously no such interest would hav......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 ..Category: Property Law | Date: | Hits: 42
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
....ntonment, Ministry of Defense & others………………………Respondent Judgment 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 ve...... 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 ..Category: Tenancy Law | Date: | Hits: 108
A. B. M. Tofayel Ahmed Vs. Sheikh Aminuddin & others, 1986, 15 CLC (AD)
....owing the accused absconding, and though warrant of arrest was issued against them by the Chief Metropolitan Magistrate Dhaka, they never appeared in the Court, stead, on there behalf an order of the Government under the signature of a Section Off was produced before the Magistrate. It was to the ef......rnment's order as to Withdrawal did not show any reason for withdrawal. We find nothing to interfere. Both the petitions are dismissed. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 282 ..Category: Criminal Law | Date: | Hits: 71
Md. Shajahan Vs. Md. Sadeq & another , 1986, 15 CLC (AD)
....………………..Appellant Vs. Md. Sadeq & another …………………………….....Respondents Judgment March 6, 1986. Result: The appeal is dismissed. The Local Government (Union Parishad) Rules, 1953, Rule 49 Re-counting of ballot papers. A Tribunal orde......sing the Tribunal's order and dismissing the election-petition. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 275. ..Category: Election Law | Date: | Hits: 140
Md. Badrul Alam Chowdhury Vs. Md. Abdul Mannan and others, 1986, 15 CLC (AD)
....is directed against the judgment and order passed by the High Court Division, Rangpur Bench, in Civil Revision No. 228 of 1985. Appellant filed an election petition under section 26 of the Local Government (Union Parishad) Ordinance No. LI of 1983 before the Election Tribunal challenging the ej......irman of the Alambiditor Union Parishad No. IX Kishoreganj Upazilla in the District of Nilphamari. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 270 ..Category: Election Law | Date: | Hits: 126
Waliul Bari Chowdhury Vs. District Magistrate, Kushtia arid others, 1986, 15 CLC (AD)
....ration as required under section, 7 and 12 of the aforesaid Act was not obtained from the authority mentioned therein, namely, District Magistrate, Kushtia. The impugned order is as follows: "Government of the People's Republic of Bangladesh, Office of the District Magistrate, Kushtia.......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...Category: Information Technology Law | Date: | Hits: 226
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ee passed by the High Court Division. Words and phrases Hats and Bazars After the acquisition of the hats and bazaar under the provisions of the State Acquisition and Tenancy Act, 1950, the Government has become the sole authority to establish hat and bazaar and to fix days of their sittin......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. ..Category: Property Law | Date: | Hits: 202
Abdul Karim Sarker Vs. The State and another, 1986, 15 CLC (AD)
....Criminal Miscellaneous Case No. 24 of 1984. 5. During the pendency of the above Rule for contempt District and Sessions Judge, Rangpur forwarded two representations mace by respondent No. 2 to the Government praying Sot his transfer from Chilmari, On perusal of the representations the learned Jud......ismissed. The order of conviction passed by the High Court Division is upheld but the order of sentence is modified no payment of fine. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 188 ..Category: Criminal Law | Date: | Hits: 49
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....s Judgment July 23, 1986. Result: Civil Appeals Nos. 51 to 53 are dismissed and Civil Appeal No. 54 of 1985 is allowed. The Constitution of Bangladesh, 1972, Article 102 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983) Section 29(4) The General Clauses Act, 1...... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....out 79 years, is a retired Secretary of Rajshahi District Board, claiming to be acquainted with late Amir Ali, having occasionally visited Amir Ali's house. P.W. 4 (76) is a retired teacher of a Government High Madrassa and Amir Ali's neighbour having personal knowledge about Amir Ali's famil...... 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. ..Category: Family Law | Date: | Hits: 239
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
..... 70 corresponding to 20 IA 165. Their Lordships of the Committee observed: "a sale is a sale made under the Act, XI of 1859 within the meaning of that Act. when it is a sale for arrears of Government revenue held by the Collector or other officer authorised to held a sale under the Ac......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..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....under the appellant. These exhibits are certified copies of two applications of the respondent to the Additional Deputy Commissioner (Revenue) praying for settlement to the suit-premises from the Government, the ultimate owner. Both the appellant and the respondent (defendant No. 1) prayed for s......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..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....: 38 DLR (AD) (1986) 93 ......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 ..Category: Property Law | Date: | Hits: 37
Bangladesh Vs. Md. Alauddin alias Alauddin Sarker others, 1986, 15 CLC (AD)
....e Societies Rules; Rule 37 Words & Phrases The land mortgage bank is a “co-operative society”, a voluntary association of people, having a separate entity of its own, independent of any Government department. Government Servant While serving under the co-operating societies land ......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. ..Category: Employment/Service Law | Date: | Hits: 124
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
.... that proceeding". These two all-important ingredients are palpably lacking in this case. In the said proceeding, it must be kept in mind, there were two parties, the Certificate-holder, namely the Government, and the Certificate-debtor, namely one Harekrishna from whom a certain amount of public ...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
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