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Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......rajganj against the defendant-petitioner for ejectment of the defendant-petitioner from the suit premises alleging that the defendant-petitioner had been in possession of the suit premises as monthly tenant under Satish Chandra and others from whom the plaintiffs have purchased the suit land. After ..Category: Procedural Law | Date: | Hits: 82
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....tion in the city of London, engaged to monitor rules promulgated by itself, which governs company take overs and mergers and is without a visible source of legal support, having neither statutory nor contractual powers, is not amenable to judicial review. Although it declined to interfere on merit, ......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..Category: Property Law | Date: | Hits: 159
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ....... The intention of this section appears to be that since after the acquisition of the interests of rent-receivers, rent-receivers were themselves to retain certain classes of retainable Khas lands as tenants directly under the Government, they should not be allowed to create further sub-tenancies un..Category: Property Law | Date: | Hits: 123
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ......nuine still there would be no difference and that the right of pre-emption would not be defeated by the re-sale because, in their opinion, as soon as the share of a holding is transferred a co-sharer tenant has got a statutory right to pre-emption which remains unaffected by reconveyance whether it ..Category: Property Law | Date: | Hits: 77
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ......d as follows:— "9. (1) (c) (iii). On the ground that the tenancy has been terminated by the landlord by six months' notice in writing expiring with the end of a year of the tenancy served on the tenant in the prescribed manner in the case of tenancies of the class specified in clause (a): ..Category: Property Law | Date: | Hits: 103
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......sion No.20 of 1988. Judgment MA Aziz J.- This Rule is directed against an order dated 30-6-87 passed by the SCC Judge (Assistant Judge), Sadar Dinajpur in SCC Suit No.9 of 1986 for ejectment of tenant. 2. Landlords Rabiul Alam and Zobaidur Rahman are the petitioners before this Court. 3...Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......zera Khatoon (C. Rev. Case Nos. 130 and 131 of 1969) which has dissented from the view taken in the case of Abdul Hamid and has held that on and from 14th April, 1956 the relationship of landlord and tenant ceased with the acquisition of rent receiving interest under the Act. Thus with the severan..Category: Property Law | Date: | Hits: 60
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....tara Bank Vs. Macneill & Kilburn the Appellate Division on this point observed. "The decisions show that Court will not interfere by granting an injunction from performing or discharging the contractual obligations. Such is the case here. The letter of guarantee was given in this case b......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....rty to call for any document, recall or re-examine the witnesses and take additional evidence, if it is so required. Send down the lower Courts’ records. Ed. This Case is also Reported in: ......e plaintiffs [predecessors-in-interest to opposite party Nos. 1(a)-3(c)] instituted the suit for declaration and partition on the averments, inter alia, that their father late Ramoni Mohan Saha was a tenant in the suit land under the landlord Praddut Kumar Tagore. Because of arrear rents, the landlo..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
....The impugned circular must, therefore, perish on the ground of arbitrariness which is an available ground for judicial review in such a situation.” “In our view, bringing the State activity in contractual matters also within the purview of judicial review is inevitable and is a logical coroll......and other benefits to the employees including the respondent. In that view of the matter, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Employment/Service Law | Date: | Hits: 155
....case No. 224 of 1983. It is true that the execution case is still pending and the kabala deed has not been registered as yet but the agreement dated 17.8.1970 was a registered agreement for sale. The contractual amount has been paid by the decree holder. From exhibit ‘Ta’ it shows that the judgm......0. It further appears from the record that there is a two storied building upon the suit land. The defendant No. 4 was inducted into the said building by the plaintiff respondent (judgment debtor) as tenant who started depositing rent with the House Rent Controller vide H.R.C case No. 224 of 1983. I..
Category: Property Law | Date: | Hits: 113
....t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
......li, since deceased and the additional written statement filed by the petitioners. We have also gone through the decision cited by Mr. Quiyum. In the case cited, the suit was for ejection of defaulter-tenants. The defendants filed an application for amendment of their written statement introducing so..
Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
....nd Court, Munshiganj in Title Appeal No. 119 of 1994 are hereby set aside and those of the trial Court are restored. Send down the lower Courts’ records. Ed. This Case is also Reported in: ...... the sale agreement is not of him and he did never receive any earnest money. Earlier the plaintiff exerted undue pressure on him to sell the suit land, which he denied. Initially the plaintiff was a tenant under his vendor, Ram Krishna Pal. After he had purchased the suit land, he attorned the plai..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....e appeal is allowed with cost, the orders allowing preemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ......the Non-Agricultural Tenancy Act. At the hearing of the appeal the learned Advocate appearing for the appellant made two points out of the leave order. Firstly, he argued that upgradation of an under tenant to the status of a tenant under the Government on the acquisition of the rent-receiving inter..Category: Property Law | Date: | Hits: 85
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26.......illa in Title Suit No. 69 of 1965. 2. Respondent Nos. 1‑14 as plaintiffs filed the aforesaid suit of partition of the suit property claiming plaintiffs No. 1‑13 as heirs of one of the recorded tenant Rahmat Ali whose name was recorded in the CS Khatian Ext. 2 as owner of 0.08 annas share of t..Category: Procedural Law | Date: | Hits: 85
Abul Hasnat Md. Belal Vs. Md. Alauddin and others, 2008, 37 CLC (HCD)
....tands vacated. Office is directed to communicate the order at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 141.......n of title in the land described in the schedule of the plaint and for permanent injunction. 3. The plaintiff case put in a nutshell are that the suit land was originally belonged to RS recorded tenant namely Sailendra Krishnaw, Pran Krishnaw and Gocul Krishnaw. Subsequently they transferred th..Category: Procedural Law | Date: | Hits: 90
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....licable to them although the Government and the Corporation had retained the power to alter their remuneration or terms or conditions of service. Thus these Respondents were not governed by any contractual relations and, therefore, the contention that the law of master and servant applied in......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..Category: Employment/Service Law | Date: | Hits: 123
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......rties concerned including the appellant-company and the Manager of the Ramgarh Tea Estate all of whom supported its claim, the mutation case was allowed and M/s. Union Agency Ltd. was recorded as tenant. After mutation the land was recorded as Jote No.164 under a separate Khatian No.1/36. Sinc..Category: Property Law | Date: | Hits: 87
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
.... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......h Court dealt with provisions of section 7(XII) of the Court Fees Act, 1870 in connection with a suit for ejectment of a licensee. In that case their Lordships held that a licensee cannot be called a tenant and therefore where a suit is instituted for ejectment of a licensee, the value of the land c..Category: Property Law | Date: | Hits: 85
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ......nciple underlying the provision of section 116 of the Evidence Act, read with section 115 of the Act, is clearly applicable to such a case. Although, ordinarily bargadar is not strictly speaking, a tenant nor a licencee, but his position is analogous to either of them. He is a person who is allowe..Category: Property Law | Date: | Hits: 97
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