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....neral principles. The relation of landlord and tenant was originally one of contract only, but from early times the contract conferred an estate in the land on the tenant without losing all its contractual characteristics. The relation arises as a rule when one party confers on another the r......after the lease under subsequent legislations were obligatory upon the appellant.
5. The High Court on a consideration of the contentions raised before it came to the view that the appellant was a tenant within the meaning of the East Pakistan Finance (3rd) Order of 1958 and East Pakistan Act XVI..
Category: Property Law | Date: | Hits: 114
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
.... making the preliminary decree final, in due course of law. There will be no order as to cost. Send down the LC Records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 54. ......dant No. 10 Abdur Rahman. Since Abdur Rahman, defendant No. 10 sold 1.05 acre of land to the plaintiffs, the plaintiffs are entitled to 1.111/2 acre of land as the heirs of Joberar Nessa, CS recorded tenant. 24. In the fact and circumstances of the case and the material evidence on record, both o..Category: Property Law | Date: | Hits: 71
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....e complaint that it was so paid. 9. So, the question before us is, whether issuance of post-dated cheques for payment of the unpaid portion amount of money which had fallen due in consequence of a contractual transaction constitute an offence under section 406 and/or 420 of the Penal Code. 10....... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..Category: Criminal Law | Date: | Hits: 95
....e Court of Munsif, Savar in Dhaka is hereby decreed. There shall be no order as to costs.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 186....... vested property. It has further been contended by the plaintiff that the SDO, Dhaka who is defendant No.2 in the suit proper enquiry clearly found in his order dated 5-10-76 Ext. 5 that the original tenant Laksham Mondal had died 15 years ago at his native village Kakabo, Savar leaving plaintiff Ma..
Category: Property Law | Date: | Hits: 111
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......islation under which the companies are nationalised. 7. In the context of what has been said the case of Tamlin Vs. Hannaford 1950 (1) K.B 18 may be cited. It was a case of a dwelling house with a tenant and it was owned by the Great Western Railway Company which subsequently vested in the Britis..Category: Employment/Service Law | Date: | Hits: 104
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......stion of the truth or otherwise of the allegations made in the plaint and having held, on the basis of certain papers, that the story of reformation in situ and the induction of the plaintiffs as tenants could not be believed, recorded an order of abatement of the suit in respect of the lands in..Category: Property Law | Date: | Hits: 133
AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)
....examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......ion 50 of the Waqf Ordinance in Office Diary No. 5060 dated 5-2‑1989 in relation to EC No. 4474 relating to Tariqullah Biswas Waqf Estate wherein the Waqf Administrator held said Nurjahan Begum a tenant (bharatia) under the Tariqullah Waqf Estate and declared that the case property is the Waqf p..Category: Trust/Waqf Law | Date: | Hits: 153
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....cifically, the financial bid, and hence the government had numerous opportunities to rectify its representation had there been any ambiguity or inadvertent error therein. Any misrepresentation in the contractual documents could have been remedied by making necessary amendments prior to petitioner si......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ..Category: Fiscal/Taxation Law | Date: | Hits: 152
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......ed in the schedule of plaint. On receipt of Taka 9,000/- (nine thousand) only as earnest money, he registered the agreement for sale on 8.9.1976. It was stipulated that defendant No.1 would evict his tenants from the suit land within one month and on receipt of the balance consideration money amount..Category: Property Law | Date: | Hits: 99
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116.......f occupancy in the suit land he is not liable to be ejected. 3. The learned Munsif on consideration of the pattas and other documents produced by the party and subsequent user of the land by the tenants dismissed the suit on the finding that the defendant is an occupancy raiyat. On appeal the..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
.... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......ssessed and the same was published. 25. Sub-section (1) of section 39 laid down that compensation payable to a rent receiver, a cultivating raiyat, a cultivating under raiyat or a non-agricultural tenant, in respect of the acquisition of lands in his khash possession which he is not entitled to r..Category: Property Law | Date: | Hits: 67
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ......xecution of the partition deed, the plaintiff and his three brothers set up a petrol pump on a plot of land on taking lease which is the subject matter of the suit and the petrol pump was rented to a tenant, and subsequently it has been managed by Meghana Petroleum Co. Ltd. The plaintiff claimed tha..Category: Civil Law | Date: | Hits: 86
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ...... Court below does not appear to be correct. When the schedule of the suit land is not denied by the defendants and both the parties claimed their respective title from one Iman Ali, the R.S. recorded tenant, production of S.A. Khatian was not that much necessary. The trial Court in rejecting the app..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....td. Vs. Shri Ram Krishna Dalmia, AIR 1973 (SC) 425. In conclusion, we find no merit in this appeal, which is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 183....... Kemaluddin Hossain CJ.- Leave was granted to consider three questions which are as follows:- 1. Whether the Courts below on the evidence on record were well founded in law in holding, that the tenant did not deposit the rent in compliance with the provisions of Rent Control Ordinance, 1963...Category: Property Law | Date: | Hits: 87
Abul Kashem Vs. AKM Golam Mostafa and others, 2009, 38 CLC (HCD)
....ated. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed This Case is also Reported in: 62 DLR (HCD) (2010) 44. ......iscellaneous Case No.17 of 1999 under section 96 of the State Acquisition and Tenancy Act, 1950 (briefly as Act) in the Court of Senior Assistant Judge, Begumgonj, Noakhali, impleading the co-sharers tenants including the petitioner for pre-emption of 0.36 acre of land out of 0.72 acre described in ..Category: Administrative Law | Date: | Hits: 230
.... High Court Division may direct LGED to consider their cases. The doctrine of legitimate expectation, apart from the above, can not be claimed by a temporary or casual worker who has been employed on contractual basis. It is not their case that at the time of their appointments they were assured tha......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
.... is a raiyati land within a village and so section 96 of the Act is attracted. In the result, the Rule is discharged without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 147. ...... pre-emption can be claimed in respect of non-agricultural land. The Court, however, overlooked the fact that this chapter which regulated the right and liabilities of a raiyat was made applicable to tenants of non-agricultural land but it does not enlarge the content of the right as given in sectio..Category: Property Law | Date: | Hits: 70
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......thorized occupation of the suit premises. The case of the plaintiff, in short, was that the premises in suit belonged to him and one Abul Meah, predecessor of the defendants Nos.1 to 4, was a monthly tenant under him at a rental of Tk. 8/-per month. Abul Miah defaulted in payment of the rent. On his..Category: Property Law | Date: | Hits: 66
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ......by the competent Court of law, the payment of rent is difficult. For default of payment of rent to some individual co-owner, the remedy lies under Rent Control Premises Ordinance or for eviction of tenant or for determination of tenancy, for which the cancellation of licence under Rule 22 of the C..Category: Property Law | Date: | Hits: 62
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......3 of the Transfer of Property Act and within the meaning of the section the term 'creditor" is a person to whom a debt is due and that is why a landlord is a creditor in respect of rents due from his tenant. See Nagendra Vs. Satadal, 26 Cal 536. 22. I have given the background of the law in the f..Category: Employment/Service Law | Date: | Hits: 144
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