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Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ......im (as his Lordship was then) observed: "Moreover, the ingredients of section 24 of the Non-Agricultural Tenancy Act and of section 96 of the State Acquisition and Tenancy Act are different. Some of these distinctions, are that while section 96 confers right of pre-emption on suc..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)
.... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19. ......wdhury & Others………………………..Respondent Judgment February 6, 1980. Result: The appeal is dismissed. Payment of rent in lump does not help the tenant from the mischief of default- A tenant by making payment..Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2
Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)
....ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432 ......on the allegations, inter alia, that as the defendant no. 1 was an employee of the plaintiff the former was provided with quarters on the plaintiff's land consisting of hut nos. 1 & 2 free of rent. Subsequently the defendant erected hut nos. 3-5 at his own cost on the land of the plaintiff. ..Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
....handed over to the donors by the donor. This witness in his lapse of memory and in the absence of accurate observation of the whole incident and in view of narrating the same after a long time is not expected to narrate each stage of transaction so accurately as he could state if required to do so s...... The defendants filed a petition for Succession Certificate being Succession Certificate Case No. 207 of 1969 in the Court of the Third Subordinate Judge, Dacca claiming 6 anna share and monthly rent of the suit property and a notice of the same has been served upon the plaintiffs. The plaintif..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
....t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
......n the petitioner and his brothers have been living in the holding. The petitioner has also got his name and the names of his brothers mutated in the Municipality, Dacca Electricity and WASA, and paid rent, taxes and other charges. He has also his name and the names of his brothers recorded in the re..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
....drawal of a care pending before it under section 494 of the Code and that it should see that there are reasonable grounds for such withdrawal. But the Court, at the same time, should not be expected to be unreasonably stringent or rigid in such matters and if the highest authority in the g...... DLR, 342. Mr. M.M. Hoq on the other hand, has made strenuous efforts to support the intended enquiry taking the ground that it is not a judical enquiry but it is an administrative enquiry for a different purpose, such as, for the purpose of ascertainment of the real facts so that the Government cou..
Category: Constitutional Law, Criminal Law | Date: 6 Jul, 1979 | Hits: 3
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....seniority in service the question of their violation does not arise. The Corporation should in the matters of promotions and fixation of seniority, follow same principles for all its employees and is expected to act in a fair manner, without any discrimination, and shall not act arbitrarily. These b......t "or the Corporation" may alter their remuneration or terms and conditions of service wherever it deems fit so to do. This is the position of law as to service under the Corporation. The parent law namely the Ordinance No. XIX of 1977 empowered the Corporation to make rule for determinati..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......d construction of the house in January 1971 and let it out to the then Director of Training, Research Evaluation Communication Centre of the Planning Council, for a period of 2 years from 1-2-71 at a rental of Tk, 3000/ per month; but the Additional Deputy Commissioner, Dacca by his order dated 6-3-..Category: Property Law | Date: 26 Jul, 1978 | Hits: 2
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ...... Judgment July 14, 1978. Result: The appeal is dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any ..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ......vernment may, with a view to implementing such recommendations of the Commission as may be accepted by if, by notification in the Official Gazette, determine the wage, bonus, medical allowance, house rent allowance, conveyance allowance and leave which shall be payable or admissible to any workers e..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
....n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......f the plaint. The schedule 'Ka' land, of RS' khatian No. 245-belonged in raiyati right to Easanuddin and others under Nabab Ali and others, and the same, was auction; sold m pursuant to a rent decree for arrears of rent and the plaintiff's father, Mujahar Ali, purchased the entire ra..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ......issed. Whether Dakhilas Be An Evidence of Hostile Possession— The dakhilas (Ext.D) cannot be held to be an evidence of hostile possession and ouster of a co-sharer. By mere payment of rent of a land a co-sharer cannot exclude another co-sharer's title to it…. The inference..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ...... Sardar's life time the land was taken and given borga bandabosta to others. As Jasmat was possessing the land as borgadar his name was wrongly recorder, in the C.S. record as tenant paying borga rent though he was never recognized as a tenant by the plaintiffs' predecessors. Acting on rumor..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......100/- but he was refused. Thereafter it was agreed that plaintiff No. 1 would execute a patta in respect of his.25 acres of land for a specified period of 20 years on receipt of a sum of Rs.100/00 as rent in advance and he defendants would be put in possession of the suit land for the stipulated per..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
....he custody of the Railway. It is, however, clear that after the consignments had arrived their destination and were detained by the Customs, the railway did not take as much care as"' It was expected of the railway to take as a baillee, and that the consignments were stolen from the custody......from the date of the delivery of the animals or goods for carriage by railway.” 14. The word "loss" has not been defined In the Act. Its meaning had been interrelated in two different ways by different Courts in the subcontinent; In several decisions the word 'loss' had ..Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... proprietor namely, Bicharan Biswas, predecessor-in-interests of plaintiffs Nos.10, 11 and 12. The sale was therefore invalid and the under tenure were never annulled. On the wholesale acquisition of rent receiving interest from April, 1956 the plaintiffs were recorded in the S. A. Khatians as tenan..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... proprietor namely, Bicharan Biswas, predecessor-in-interests of plaintiffs Nos.10, 11 and 12. The sale was therefore invalid and the under tenure were never annulled. On the wholesale acquisition of rent receiving interest from April, 1956 the plaintiffs were recorded in the S.A. Khatians as tenant..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....uo; The question now may be asked as to what was the position of the consignee or the holder of the bill of lading. Unless the consignee is the same person as the charterer, the consignee is not expected to have any knowledge or any means of knowledge of the terms of the charter party. The only......he plaintiff has stated that he sent a telex to the Canopus Shipping Agency requesting them to furnish certain particulars and also to inform them about location of the vessel. It was, therefore, apparent that the plaintiff was fully aware that it was the Canopus Shipping Agency who were running and..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....er, that the impugned orders were passed on the eve of the annual vacation of the Civil Court are not disputed at all. It is also the case made out in the petition that the petitioners might not have expected the adjournment of the cases for so short time on the eve of the vacation. AU these facts h......edings as the present one.” even though the question of applicability of Order 9, rule 13 was not directly at issue in the said Privy Council Case. In a similar case under a different statute, namely West Pakistan Urban Rent Restriction Ordinance in case of Din Muhammad Vs. Abdu..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....ys that in areas notified under sub-section (2) of section 1of the Act, the annual letting value of a holding shall be deemed to be the gross annual rental at which the holding may reasonably be expected to let. It is apparent that the Assessing Officer did not follow the procedure. On the othe......ssment or alteration shall be made unless the owner has been given a reasonable opportunity of being heard. Admittedly, assessments for the years 1970-71 to 1972-73, are fresh assessments for current years and not a case of re-opening of previous assessment already completed. 7. For conven..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
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