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Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)

....ent No.2 accepting the petitioners as lessees (Annexure‑C‑ 1), Dhaka Municipality Tax receipt for the year 1992 (Annexure‑D), land tax receipt for the year 1398 BS (Annexure‑D‑1), a tenancy agreement entered into by the petitioners in 1990 showing it to be a continuation of the previous ag......e. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (Presidents Order No.16 of 1972); Purpose of enactment The purpose of the Presidents Order No.16 of 1972 is to make provisions for the control, management and disposal of certain property abandoned by, certai...... directly by themselves and they have been paying Government dues such as rents and taxes (Annexure D‑D‑1). 5. Upon an application by the petitioners to the RAJUK on 11-10-92 for permission to sell the plot and for compliance of other formalities for the transfer of the said plot RAJUK by its..

Category: Property Law | Date: 16 Jun, 1996 | Hits: 32

Chief Engineer, Roads & Highways Departments Vs. M/S Concord Engineer Limited Construction, 1996, 25 CLC (HCD)

....out 5/6 months later the Government has cancelled the contract and decided not to go with the construction of those flyovers in the City of Dhaka. Being aggrieved by the said cancella­tion of the agreement the respondent No.1 in terms of the aforesaid agreement referred the matter of cancellatio......ion……………………………..Respondents Judgment April 4, 1996. Result: The Appeal is allowed. Cases Referred to- Director General Chairman Bangladesh Television Vs. Bengal Techno Consult Limited; 1988 BLD......shy;diction and a nullity in the eye of law. In the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 105. ..

Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10

Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)

....ndant Nos.5‑11 were not parties in the earlier Title Suit No.7 of 1983 and they have been impleaded in the present suit as subsequent purchasers from the heirs of vendors with notice of the said agreement and the application for rejection of the plaint has been filed by these defendant Nos.5â€...... those of the Subordinate Judge, Munshiganj dated 31.5.84 in Title Suit No. 5 of 1984 rejecting the plaint under Order 7 rule 11 of the Code of Civil Procedure and further directing the trial Court to proceed with the suit in accordance with law. 2. Plaintiff‑respondents instituted th...... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ..

Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257

Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)

....efendants opposite parties on the ground that Sirajuddin Mollah, the predecessor of the said opposite parties, was, monthly tenant under them and he became defaulter and violated the terms of tenancy agreement. The case of the petitioners is that they purchased the suit lands along with other lands ......with Nehid Yesmin, Advocates-For the Opposite Parties. Civil Revision No. 2526 of 1992. Judgment Syed J R Mudassir Husain J. – By this Rule the defendants opposite parties were called upon to show cause as to why the judgment and decree dated 16.6.92 passed by the learned Senior Assistant......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ..

Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182

Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)

....1 or in the Family Court Ordinance, 1985 the courts below committed error of law in granting past maintenance in favour of the opposite party and for the minor children in the absence of any specific agreement between the parties and thereby contravened the provision as laid down in section 270 of M......r J Sirajul Islam...............................................Petitioner Vs. Helana Begum and others........................Opposite Parties Judgment July 27, 1994. Cases Referred to- Ganhar Vs. Mrs. Ghulam Fating and another PLD 1984 Lahore, 124; Mrs. Parveen Chowdhmry Vs. 6t......f appeal below and it is affirmed. Accordingly, 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 (1996) 48. ..

Category: Family Law | Date: 27 Jul, 1994 | Hits: 196

Julhash Mollah (Md.) and another Vs. Ramani Kanta Malo and another, 1994, 23 CLC (AD)

....0 of 1975 in the Fourth Court of Assistant Judge, Narayangonj for specific performance of contract for sale of the suit land alleging, inter alia, that defendant‑respondent No. 1 entered into an agreement to sell the suit land to them and on receiving Taka 5,000.00 out of the total considerati...... Ramani Kanta Malo and another.......................Defendant‑Respondents Judgment July 25, 1994. Result: The appeal is dismissed. Cases Referred to- Ashraf Ali Vs. Elim Ali and others, 11 DLR 185; Rajubala Dasi Vs. Nidhuram Pandit and o......the Fourth Court of Assistant Judge, Narayangonj for specific performance of contract for sale of the suit land alleging, inter alia, that defendant‑respondent No. 1 entered into an agreement to sell the suit land to them and on receiving Taka 5,000.00 out of the total consideration of Taka 6..

Category: Contract Law | Date: 25 Jul, 1994 | Hits: 295

Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)

....he tenant on the allegation that the plaintiff had purchased the suit premises from its previous owner Sarjubala. In the original written statement it was contended by the defendant that there was an agreement for sale between Sarjubala and himself and that plaintiff had purchased with notice of thi...............Petitioner Vs. Abdul Jabbar and others..............................Opposite Parties Judgment April 11, 1994. Result: Rule is made absolute. Cases Referred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR 1922 PC 249; AIR 1964 (Cal) ......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..

Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1

Industrial Development Leasing Company of Bangladesh Ltd. Vs. Reza Biscuit and Bread Co. Ltd. and others, 1994, 23 CLC (HCD)

....l lease finance Company comprising of five international organisations and two local ones and they carry on business of lease finance of machineries rented by industrial concerns under standard lease agreements. That opposite parties 1-4 leased out machineries mentioned in 'Ka' Schedule of t......er Vs. Reza Biscuit and Bread Co. Ltd. and others.........Defendant‑Opposite Parties Judgment February 24, 1994. Result: The Rule is made absolute. Cases Referred to- 22 DLR 130 (Province of East Pakistan Vs. His Highness Maharaja Kirti Bikram Kishore Deve B......pposite party Nos. 1-4 and 'Ka' schedule properties were handed over to the defendants on a rental basis meaning thereby that the 'Ka' schedule property belong to the plaintiff and by selling the property of the plaintiffs' their claims against the defendants cannot be satisfied...

Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1

Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprise Ltd, 1994, 23 CLC (HCD)

.... of computerised telephone and telex bills for Dhaka Chittagong and other areas of the country. The tender of the respondent company being the lowest was accepted by the appellant and accordingly, an agreement was executed between the BTTB and M/s. Lithi Enterprise Ltd on 16.2.88. Clause (1) of the ......Appellant Vs. Lithi Enterprise Ltd..............................................Respondent Judgment January 17, 1994 Result: The appeal is dismissed. Cases Referred to- Persumal & ors. Vs. Government of Pakistan & ors., PLD 1960 (Karachi) 690; Mst. Umd......the result, the appeal is dismissed and the impugned judgment and decree are affirmed. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 122. ..

Category: Arbitration Law | Date: 17 Jan, 1994 | Hits: 4

Alhaj Mohammad Rahim¬uddin Bharsha Vs. Bangladesh represented by the Secretary to the Ministry of Works and another, 1994, 23 CLC (HCD)

....quot;B"); that the said Abu Zahid Md. Omar constructed a house in the said plot and was in possession thereon; that while in such title and possession the said Abu Zahid Md. Omar entered into an agreement with the petitioner to sell the said house hereinafter referred to as die disputed propert......n Sarker J Kazi Ebadul Hoque J Alhaj Mohammad Rahim­uddin Bharsha…………………Petitioner Vs. Bangladesh represented by the Secretary to the Ministry of Works and another……………………......Zahid Md. Omar constructed a house in the said plot and was in possession thereon; that while in such title and possession the said Abu Zahid Md. Omar entered into an agreement with the petitioner to sell the said house hereinafter referred to as die disputed property to him and obtained necessary p..

Category: Property Law | Date: 12 Jan, 1994 | Hits: 3

Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)

....herit the suit property and the plaintiff was one of the tenants in the suit premises in room No.3 from long before; that the defendant No.1 for self and on behalf of minor defendants entered into an agreement for sale of the suit property to the plaintiff at a consideration of Taka 4,00,000.00 on 2......…………………………Respondents Judgment November 14, 1993. Result: The appeal is allowed in part. Cases Referred to- Imambandi Vs. Mutsuddi,45 IA 73; Md. Ejaz Vs. Md. Iftikher, AIR 1932 PC 76; Mir Sarwajan Vs......e plaintiff; that the defendant No.1 got herself appointed guardian of the minors in pursuance of the agreement but with mala fide motive without obtaining necessary permission for sale attempting to sell the suit property to others at higher price; that in spite of repeated requests and demands las..

Category: Property Law | Date: 14 Nov, 1993 | Hits: 2

Haji Abdur Rahim Vs. Secretary, Ministry of Land Administration and Land Reforms & others, 1993, 22 CLC (HCD)

.... in a portion of plot 3730, a house in a portion of plot No. 3731 and in between the aforesaid 2 plots there is a family graveyard of the petitioner. One of the co‑sharers of the said plots made an agreement with the petitioner for sale of his share measuring 0.56 decimals of land. But subsequentl...... Secretary, Ministry of Land Administration and Land Reforms & others…...Respondents Judgment September 9, 1993. Result: The Rule is made absolute Cases Referred to- Sufia Khaitin Vs. Secretary, Revenue Department & others 20 DLR (SC) 18; Ralli Brothers...... authority and are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 378   ..

Category: Property Law | Date: 9 Sep, 1993 | Hits: 4

South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)

....ider the offer of defendant4 for supply of necessaries required for the Master and the crews of the ship and for lighterage job to salvage the vessel and defendant 4 and the plaintiff entered into an agreement for lighterage of 4000 M/Tons of cement from the vessel containing the following terms: ......st and orthes………………………Defendants Judgment August 25, 1993. Result: This application is rejected. Cases Referred to- Saleh Steel Industries Ltd. Vs. TSS Pacific Abeto and others 35 DLR (AD) 188 Lawyers I......t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226     ..

Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4

Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)

....ect. 2. The petitioner, Mohammad Haider Ali Fakir has filed this application asserting as the rightful owner in occupation of the said holding with a semi-pucca structure thereon by virtue of an agreement to purchase from Ali Mohammad Khan, the original allottee of the Government of erstwhile E......overnment of Bangladesh others……………....................Respondents Judgment August 25, 1993. Result: The Rule is discharged. Cases Referred to- Hosne Ara Begum Vs. Chairman, the Court of Settlement and others in CPSL Appeal No. 290 of ......eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ..

Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11

Israil Hossain Vs.Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna,Represented by the Managing Director,1993, 22 CLC (HCD)

....rder of stay granted earlier is vacated. Regard being had to the special circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 44. ......ent: Bimalendu Bikash Roy Choudhury J Abu Sayeed Ahammed J Israil Hossain ..............................................................Appellant Vs. Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna, Represented by the Managing Director......ment before judgment some property of the defendant, against the claimed amount of the plaintiff in the suit alleging that the defendant in order to avoid payment of the decretal amount, is trying to sell out his properties described in the schedule of the application, but it disclosed no particular..

Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3

Trang Ice and Cold Storage Company Limited Vs. Amin Fish Farm and Industries Ltd. and others, 1993,22 CLC (HCD)

....spondent No.1. 2. The respondent No.1 namely, Amin Fish Farmand Industries Limited being plaintiff instituted the aforesaid suit alleging, inter alia, that the Government of Bangladesh signed an agreement with the Government of the Kingdom of Thailand on 25.3.78 for setting up joint venture com......DLR (HCD) (1994) 39   ...... learned Subordinate Judge are hereby set aside and the suit is dismissed. Send down the LC records immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 39   ..

Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9

Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)

....rds and the same was fallow land even during the land settlement operation and recorded as such in the name of the proforma defendants in the khalians. In 1380 BS principal defendants entered into an agreement with the proforma defendants to purchase the suit land at the rate of Tk. 1250.00 per acre......s behind the back of such recorded owners who were admittedly residents of a distant place in the absence of any evidence of forcible entry in the land in denial of title of such owners cannot amount to adverse possession of the plaintiffs in the suit land……………&hel......nd of paddy per kedar. The plaintiffs, thereafter, reclaimed the suit land and grew paddy and they paid rent to the Zamindars through the Morals and some of the landlords received sale proceeds after selling paddy rent collected by the Morals, Share of the plaintiffs in the suit land is equal and su..

Category: Property Law | Date: 21 Jun, 1993 | Hits: 6

Pronab Kumar Chakraborty and others Vs. Government of the People's Republic of Bangladesh and others, 1993, 22 CLC (HCD)

....as taken us through the pleadings, impugned judgment, evidence on record and the documents filed by both the parties. he has submitted that plaintiff Unnayan Parishad has proved conclusion of a valid agreement with the defendants and also payment of consideration amount in full. He has contended tha...... with the object of eradicating unemployment problem of the locality by setting up industrial and commercial ventures through collective efforts. The Unnayan Parishad filed an application on 12.12.79 to the Secretary, Ministry of Railways, for getting lease of 12 acres of excess land of the Railways......d executed and registered through Court at his cost. Send down the case record at once. Ed.     This Case is also Reported in: 46 DLR (HCD) (1994) 268   ..

Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2

Jahanara Begum Vs. State, 1993, 21 CLC (HCD)

.... not, in fairness, be taken as a reasonable basis for making an order of detention. The above principle was subsequently reiterated in 28 DLR 117 and also recently in 40 DLR 193. We are in respectful agreement with the above decisions and relying on the aforesaid decisions we are of opinion that pen.........Petitioner Vs. State...................................................... Opposite Party Judgment January 20, 1993. Result: The Rule is absolute. Cases Referred to- 45 DLR (AD) 89; 35 DLR 318; 20 DLR 1005; 28 DLR 117; 40 DLR 193; 45 DLR 318; Borjahan Vs. S...... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107.   ..

Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1

Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)

.... 18. The petitioners of these writ petitions who were the opposite parties in the above IRO Cases appeared before the learned Labour Court and contested all the above IRO Cases contending that by an agreement with the collective bargaining agent functioning in the press concerned the minimum wages ......t of the said case is not the subject matter in the 15 writ petitions. 2. The facts of the case in these writ petitions are as follows: The petitioner in IRO Case No. 78 of 1984 giving rise to Writ Petition No. 68 of 1988 was an unskilled worker being a loader working under the petitioner ......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359   ..

Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3