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Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......he canteen and also for a direction upon the respondent Nos.2‑5 to return the petitioner's goods valued at Tk. 2,00,000.00 seized from the Canteen Staff to the petitioner. 2. The petitioner is a tenant under the Bangladesh Diabetic Association, 122, Kazi Nazrul Islam Avenue, Shahbagh, Dhaka for..

Category: Civil Law | Date: | Hits: 56

Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)

....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......the Writ Petition that the respondent No.2 being emboldened by the aforesaid judgment of the Court of Settlement has decided to sell the property in question and to that effect issued a letter to the tenant and asking them to submit bids is denied. The property in question has been rightly declared ..

Category: Property Law | Date: | Hits: 64

Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)

....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ...... the Jote was put to auction and ultimately the entire lands vested in the Government. One Abdus Salam prayed for re‑settlement of the case land and his prayer was allowed and accordingly he became tenant directly under the Government. Abdus Salam also defaulted in payment of rent and a Certificat..

Category: Property Law | Date: | Hits: 73

Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)

....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......nd contested the suit. The case of the defen­dant Nos.4 and 5 is that when the alleged contract was executed the plaintiff was aware that a Specialized Hospital was run­ning in the suit property as tenant. The defendant No. 1, obtained a decree for a sum of Tk. 9,14, 00,000/- in Artha Rin Suit No...

Category: Civil Law | Date: | Hits: 93

Shamima Khatoon and another Vs. Bangladesh, represented by the Secretary, Ministry of Works and others, 1993, 22 CLC (HCD)

....spect of the principle that the Government suffers under the same liabilities and enjoys the same right as the original owner Md. Moinuddin. In such case, it has to be decided whether for enforcing a contractual right and which follows from a contract with the original owner Md. Moinuddin the petiti......spondents to restore possession of the disputed house to them. The Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 601. ..

Category: Property Law | Date: | Hits: 89

Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)

.... man. Therefore lawful in extreme old age after hope of offspring has ceased and even in the last or death illness.” 12. The Mohammedan Law does not insist upon any particular form in which the contractual performance should be effected or that “the union should be evidenced by any writing, ...... find merit in contention of Dr. Rabia Bhuiyan. The appeal is, therefore, allowed with costs of Tk.10,000/-. Ed. This Case is also Reported in: VII ADC (2011) 855; 17 MLR (AD) (2012) 201. ..

Category: Family Law | Date: | Hits: 318

Abdul Jabbar Khan and others Vs. Sreela Sreejukteswar Radha Madhab Thakur Jiew, 1993, 22 CLC (HCD)

....tition within one month from the date of receipt of this judgment. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 577. ......hat whether Bazlur Rahman is the owner of the property or not is to be ascertained from the documents of title of the plaintiff as well as original agreement entered into between the landlord and the tenant on inspection of the documents referred to in the plaint. 4. Mr. Jagodish Chandra appearin..

Category: Property Law | Date: | Hits: 55

Hosne Ara Begum Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (HCD)

....laintiff. Considering the facts and circumstances of the case, we pass no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 554. ......as cross-examination of P.W.1 which, in our view, is not necessary at all for our consideration. 6. The defendants examined one Modan Mohan Shah as D.W.1. He stated that since 1960 he was there as tenant of the previous owner and in the year 1969 by virtue of VP Case No.9 of 1969 the property was..

Category: Property Law | Date: | Hits: 75

Sylhet Moulvi Bazar Motor Malik Group and another Vs. Ataur Rahman and others, 2008, 37 CLC (AD)

....ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ......o make deposit of the rent for the month of June, 1994. 3. The respondent as opposite parties resisted the petition putting in a written objection contending that the relationship of landlords and tenant ceased to exist on the expiry of 31st day of May, 1994 and they asked the tenant to deliver ..

Category: Property Law | Date: | Hits: 58

Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)

....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......ay be noted that SA Khatian Ext. 5 prepared by merely revising the CS Khatian and recording names of sons of Kadam Ali along with the names of the plaintiffs even without omitting name of CS recorded tenant Jamirjan Bibi and the government acquired plots has no presumptive value and we find up merit..

Category: Property Law | Date: | Hits: 55

Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)

.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248....... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248...

Category: Property Law | Date: | Hits: 91

Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)

....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......fter Mominuddin also sold .88 acres of land to Hazrat Ali and others. Mominuddin transferred .88 acres of land to Joinuddin and it was recorded in the names of four sons of Jainuddin and the recorded tenant on 13.3.1952 transferred the same in favour of defendant no. 31, Kashem Ali and it was record..

Category: Property Law | Date: | Hits: 72

Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)

.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......tagong, in Other Suit No.7 of 1991. 2. Facts, as stated in the petition, in short, are, that the plaintiff opposite party No.1 instituted a suit, being Other Suit No.220 of 1978 for ejectment of a tenant, for arrear of rent and compensation. The suit was renumbered as Other Suit No.40/90 and ulti..

Category: Property Law | Date: | Hits: 50

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....he President against such demand in vain. The Ministry of Industries by its Memo dated 18.10.86, Annexure‑W, pointed out to the Principal Staff Officer to the Chief Martial Law Administrator that a contractual obligation arises for sale of the land on the part of the Government in view of the Agre......ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ..

Category: Property Law | Date: | Hits: 92

Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)

....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......angladeshi Tk. 13,95,798.00, Indian currency Rs.1,124.00 from a steel almirah of the bed room and 2 gold bars weighing 19‑1/2 bharis from the contiguous room of which one Narayan Banik Master was a tenant. They arrested the accused appellants and others and seized those money and gold by a seizure..

Category: Criminal Law | Date: | Hits: 75

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502....... In the case of Muhammad Idris Khan Vs. Haji Erfanuddin reported in 9 DLR 601 it was held that the fact that an application for review of an ex parte order granting the landlord permission to sue the tenant for eviction was made beyond 30 days from the date of the order or that in contravention of t..

Category: Civil Law | Date: | Hits: 87

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......slature could always expressly provide that pending proceeding be affected by an amendment of the law. In that case the respondent moved the Rent Controller on 10.1.55 for an order of eviction of the tenant on the ground of his being a defaulter and an order for eviction was passed but the petitione..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)

....eill & Kilburn [33 DLR (AD) 298] 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......the Appellate Division which is binding on us we are of the view that this applica­tion merits no substance which is summarily reject­ed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ..

Category: Business or Commercial Law | Date: | Hits: 200

Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)

....5-2-2007 for vacating the above Order of injunction. In submitting on that application the learned Advocate for BCIC Mr. MA Samad argued that timely shipment of the consignment was the essence of the contractual arrangement and that the supplier was accordingly requested to ensure supply/shipment wi......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ..

Category: Alternative Dispute Resolution | Date: | Hits: 172

M/S. Concord Ready Mix and Concrete Products Ltd. Vs. Tax Settlement Commission and another, 2009, 38 CLC (AD)

...., we find no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ......D by fail­ing to notice that payment of the amount of tax as in payable on the basis of return filed by the appellant fulfilling the requirement of the said provision regard­ing such payment to the tenant before fil­ing an application to the Taxes Settlement Commission is of no avail and substanc..

Category: Fiscal/Taxation Law | Date: | Hits: 113