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Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......elevant are that CS Plot No.1009 measuring an area of 0.60 acre of land appertaining to CS Khatian No.225 of mouza Kafrul, JL No.268 under former PS Keraniganj was owned and possessed by its recorded tenants namely; Sobhan Matbar and Nazar Bibi in equal share. The said Khatian is annexed to the peti..Category: Property Law | Date: | Hits: 156
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......nstituted Title Suit No.4 of 1994 in the Court of Senior Assistant Judge Sadar, Comilla for declaration of title and recovery of Khas possession alleging, inter alia, that the opposite party who is a tenant under him has no title and possession. It was alleged that the opposite party has been servin..Category: Procedural Law | Date: | Hits: 131
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ...... thereafter to defendant No.1. D.W.7 Panchanan Ghosh states in his deposition that he was a bharatia of Abdur Rahman Sikder at Fakirbari and after the death of Abdur Rahman Sikder he remains as a tenant under defendant No.1 paying rent to her. He says that he did not pay any rent to the plaintif..Category: Property Law | Date: | Hits: 152
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... or assigning an authenticated Declaration is void being repugnant to public policy, and hence the purported promisee cannot sue the promisor, although he can do so in the event the person who ties a contractual knot and thereby sells the property associated with his newspaper, including its goodwil...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......e other hand, it is obvious that the Government itself failed to fulfill its part what it had been required to do under the terms of the lease deed. 18. Clause 12 of the lease deed says, "that the tenant shall preserve intact the boundaries of the demised property and shall keep the same well d..Category: Property Law | Date: | Hits: 115
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....harterer or anybody else on his behalf. But if he supplies, without ensuring his own payment the law will not help him, because law will not help an indolent who is not himself diligent enough in his contractual transactions with others. However, the fact remains that the bunkers were supplied which......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)
....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......Police Station Tejgaon at present Gulshan, District Dhaka was recorded in the names of Bhawal Raj Kumar Rabindra Narayan Roy Chowdhury and others. Out of 84.09 acres of land 3.41 was settled with the tenants in 1925 and the rest 80.68 acres remained with the Court of Wards Estate of Bhawal Raj. Subs..Category: Property Law | Date: | Hits: 248
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ...... order of remand for retrial of the Suit can briefly be stated as follows: One Khorshed Ahmed instituted the aforesaid title Suit in the first Court of Munsif, Kushtia for ejectment of his monthly tenant one Md. Zahed Ali and another Ukiluddin said to be a sub-tenant, from the suit premises alleg..Category: Property Law | Date: | Hits: 115
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......y as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, inter alia, that the property belonged to the plaintiff and that the defendant was inducted as a tenant in the suit premises and that the defendant did not pay the rents regularly and thus became d..Category: Property Law | Date: | Hits: 101
Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)
.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ...... without perusal of the SA Khatians and discussing about CS Khatians and mode of acquisition of title of Zitu Beg in the suit land, particularly when Koresh Beg, father of Zitu Beg is the CS recorded tenant vide Exhibit 2(Kha) and thus, I find that both the Courts below committed an error of law res..Category: Property Law | Date: | Hits: 103
Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......ion, the suit land was recorded in the names of Gurudas Sarker and Debendra Mondal in S. A. khatian No.155 in C. S. and S. A. Plot No.78, measuring an area of land 1.16 acres. After that, SA recorded tenant, Debendra Mondal died leaving behind only son, Bireshwar Mondal (defendant No.1) who had been..Category: Civil Law | Date: | Hits: 186
....not maintainable in law.
It conceives a private individual serving another private individual or body for mutual private benefits and the relationship does not involve any element other than the contractual one. In such a case, the employee is interested only in his remuneration which can be me......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
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Category: Employment/Service Law | Date: | Hits: 175
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....pecial provisions have been made for speedy recovery of dues from the defaulter in articles 33, 34 and 35 of the said order. The loan is advanced on certain terms and conditions and loanee is under contractual obligation to repay the loan with interest in terms of the loan. In case of the breach o......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......n the same parties, namely, between Dr. Suraiya Hossain and Mrs. Taherunnessa, concerning the same residential house, namely, 19, Kakrail P.S. Motijheel, Dhaka of which house Dr. Suraiya Hossain is a tenant and Mrs. Taherunnessa is the landlady and these cases having arisen between the same parties,..Category: Property Law | Date: | Hits: 88
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......ing the war of liberation of the country and his Whereabouts was not known. It has been further submitted that the government having taken over the suit property possessed the same through its lessee/tenant transfer of the suit property to the plaintiff’s father on 30.6.80 was null and void under ..Category: Property Law | Date: | Hits: 107
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ......ncluding the building thereon from one Bhabani Prasad Saha by way of exchange in the year 1965 and he has been possessing the same by residing in some part of the holding and realising rents from the tenants in other parts; that the defendant‑petitioner was one of the bharatias of the 'Kha’ sche..Category: Civil Law | Date: | Hits: 140
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......should be impleaded as parties and none else. Their Lordships accordingly allowed respondent No.6 to remain impleaded as respondent on the ground that according to the Writ Petition itself he was a tenant under the petitioner from before taking over of the property by the Government as abandoned. ..Category: Procedural Law | Date: | Hits: 193
.... for enforcing a contract or for preventing a breach of contract and since the claim is founded on a contract, writ petition does not lie to enforce the performance, or to restrain the breach, of a contractual obligation and as such, the Rule is liable to be discharged.
4. It is further stated .......
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
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Category: Others | Date: | Hits: 227
Abdul Sattar & another Vs. Osimuddin & others, 1988, 17 CLC (HCD)
....deposited by the petitioner Tasimuddin in this pre-emption case. In the result the Rule is discharged. I make no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 24. ......17.6.72 gave rise to this present pre-emption case under section 96 of the State Acquisition and Tenancy Act. 3. The petitioner’s case in short is that opposite party No.2 was an SA recorded tenant of the case land in plot No.314 of Mauja Sadish. The plot No.312 was owned and possessed by t..Category: Property Law | Date: | Hits: 100
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... to that legal aspect. It has been settled for a century in England that a Barrister cannot be sued by his client for breach of contract because the fees he receives are an honorarium and there is no contractual relationship between a barrister and a client. This position continued until Hedley Byrn...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
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