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Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
.... Netai Chand Koby). 11. Mr. Huq also placed before us Chitty on Contracts 26th Edition, Vol.1 Note 1900 at page 1899, where it has been noted that the Rules of Members Club or Trade Union may have contractual force and wrongful expulsion from such an Association in breach of its rules may be rest...... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ..Category: Others | Date: | Hits: 154
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
.... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ......A. Khatian is wrong and also the suit land is not vested and non resident property with the averments that the suit land originally belonged to Shoilendra Nath Chowdhury and Bhovendra Nath Bhodra was tenant under him. In C. S. Khatian No.261 recorded as Bhovendra Bhadra as owner and Gopal Biswas and..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....he time specified in the agreement for sale was subject to more than one condition, it cannot be said that the parties thereto intended the time mentioned the defendants not having discharged their contractual obligation within the given time-limit, cannot turned round any say that the time was ......o proceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ..Category: Civil Law | Date: | Hits: 200
....roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......r deposited any deed with the plaintiff-Bank. Defendant No.2 never went to the plaintiff-Bank which also did not issue any notice to him to repay the loan as mentioned in the plaint. Saifuzzaman, the tenant of the defendant No.2, has been living in the suit property. The son of the bharatia Saifuzza..
Category: Civil Law | Date: | Hits: 174
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ...... in last Revisional Settlement Khatian as 16 annas owner and possessor of suit property. Plaintiff has been paying rent and got Rent Receipts. c. Fourth-Twelfth Defendants were inducted as monthly tenants in a portion of Suit property by Plaintiff and tenants Defendants paid rents upto month of N..Category: Procedural Law | Date: | Hits: 108
....scharged with costs and the order of stay stands vacated.
Let the LC Records be sent down immediately with a copy of the Judgment.
Ed.
This Case is also Reported in: 49 DLR (HCD) (1997) 318.
......Case.
2. Opposite Party No.1 as plaintiff filed SCC Suit No.7 of 1983 in the said Court against the predecessor‑in‑interest of opposite party Nos. 2(Ka) to 2(Chha) for his ejectment as monthly tenant on the ground of default in payment of rent. The suit was decreed ex parte on 224‑85. There..
Category: Procedural Law | Date: | Hits: 135
Sarada Bala Sen Vs. Sheikh (Md.) & others,1995, 24 CLC (HCD)
....the above decision, the connected application is however rejected. Communicate this order to the Court below at interest of justice. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 239.......uit being SCC Suit No.33 of 1983 for eviction of the defendants i.e. the present respondent, and another from the suit premises alleging, inter alia, that defendant No.1 in the SCC suit was a monthly tenant under the plaintiff who habitually defaulted in payment of monthly rents and illegally sub‑..Category: Civil Law | Date: | Hits: 130
Bangladesh Bank Vs. Md. Kasedul Haque Majumder, 2003, 32 CLC (HCD)
....ion by sea merchants so much so that even the common law stalwarts encountered no conundrum in according validity to arbitration clause, by way of a significant departure from the general rule that a contractual clause purporting to exclude Courts jurisdiction (which an arbitration clause effectivel......ion Miscellaneous Case No.41 of 1999 is set aside. The aforementioned rule is consequently made absolute without any order as to cost. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 11. ..Category: Alternative Dispute Resolution | Date: | Hits: 218
Ishaque Mia (Md.) & another Vs. Abdul Mazid Mollah & others, 1995, 24 CLC (HCD)
.... multiplicity of suit and further litigation concerning them. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 465. ...... case was transferred in the Court of Upazila Munsif, Upazila Moladi and the same was re‑numbered as Tide Suit No.197 of 1985. 3. Case of the plaintiff petitioners was that the original recorded tenant of SA Khatian No.97 and 98 totalling 4.18 acres of land were Kali Charan Somadder, Bipin Beha..Category: Civil Law | Date: | Hits: 130
Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)
....ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is decreed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......s as defendants for ejectment, realisation of arrear rent and for compensation in the said Court of the learned Small Cause Court Judge stating, inter alia, that the defendants were monthly-tenants in the suit premises under the Sonaullah Waqf Estate of which the plaintiff is the Mutw..Category: Tenancy Law | Date: | Hits: 214
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....lude that its administration is likely to be seriously affected, the Managing Committee may decide not to waste its time by instituting an enquiry and proceed to terminate the services in exercise of contractual rights or statutory rights. 14. There is another aspect as well. The probationer has ......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ..Category: Employment/Service Law | Date: | Hits: 166
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......otice has been served, within four months of the date of knowledge of the transfer, that the pre-emptor must be a bona fide cultivator and must fulfil the conditions laid down in section 90, that a tenant holding land contiguous to the land transferred claiming pre-emption shall make "all the co-s..Category: Property Law | Date: | Hits: 138
Anwar Ali (Md) Vs. Chairman, Rajdhani Unnayan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......itioner and others continued to do their business. In 1971 all constructions on both the sides of Dolaikhal were burnt to ashes by the then Pakistan Army and after liberation the petitioner and other tenants re‑constructed their shop premises in the same places where they were originally running t..Category: Property Law | Date: | Hits: 92
Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)
....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......Annexure ‘B’ to the Petition. 3. Trouble arose when RAJUK (the then DIT) gave notice to the said land lady and others to demolish shops and unauthorised construction and the petitioner as a tenant also got one. Notice to that effect. Subsequently RAJUK issued an Order to stop demolition an..Category: Property Law | Date: | Hits: 112
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......atians were in the names of those who were holding the land contiguous to their Ash land. But there was no survey of the land accreted to Touzi No 120 However, the landlords brought suits against the tenants who were holding the land in Touzi No.120 for increase of rent on the ground of accretion an..Category: Property Law | Date: | Hits: 118
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......he learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.40 of 2005 (Originally Title Suit No.135 of 2003) decreeing the suit in favour of the plaintiff-landlord, holding that the defendant tenant is a defaulter and, as such, he is liable to be evicted and was also directed the defendant..Category: Tenancy Law | Date: | Hits: 190
Mohammad Selim Vs. State, 2012, 41 CLC (AD)
.... life. 15. Accordingly, the jail petition is dismissed with the modification of sentence of death which is commuted to one of imprisonment for life. Ed. This Case is also Reported in:...... husband had been living abroad for long 4 years and she along with her daughter Ayesha Akhtar aged 16 years and son Md. Moinuddin alias Suman aged 13 years had been living the place of occurrence as tenant. The condemned-petitioner was her husband’s cousin and had been dealing in vegetables and g..Category: Criminal Law | Date: | Hits: 98
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......cquisition of land." 22. Indeed we find that the petitioners have all throughout agitated that the alleged transfer by the predecessors of respondent Nos.4-6 having not been affected by a recorded tenant, proceedings under section 143 are entirely misconceived. This is what the petitioners spec..Category: Property Law | Date: | Hits: 129
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......tant Judge, Dhaka, rejecting the application of the defendant‑petitioner to transfer the suit. 2. The opposite parties filed the suit for ejectment of the defendant‑petitioner who is a monthly tenant on the ground of bonafide requirement for construction of multi‑storied building. The defen..Category: Procedural Law | Date: | Hits: 125
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....laintiffs as partners. However, in 1978 for the first time a negotiation started between the plaintiffs and the defendant No.1 for outright sale of the firm but the same could not be finalised and no contractual agreement to sell either in writing or oral was arrived at between them. When the defend......em. In the face of our findings in respect of Ext. W and Z series the application is not maintainable. Accordingly, it is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
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