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Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)

.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......nsferred 2½, decimals of land of suit plot No.8066 to defendant No. 1. Defendant No.1 has been possessing 8½ decimals of land by erect­ing house and shop. He has been possess­ing the shop through tenant. Ashi Mohammad obtained ½, share, that is, 5 decimals of land of suit plot No.8066 and he ha..

Category: Property Law | Date: | Hits: 79

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

....ral and documentary, and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ...... to the former Jute Trading Corporation vide registered Deed No.19943 dated 29.6.1974 which was executed by the Secretary, Ministry of Jute, Government of Bangladesh. 5. M/s. Haque Company was the tenant since long from the time of original own­ers and used to carry on jute business in the premi..

Category: Property Law | Date: | Hits: 82

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....on 8.2.2007 is argued by the learned Advocates for the Petitioner to manifest the emergence of a bilateral contract of variation. It is submitted that such extension given reflects an altered and new contractual arrangement with an entire new scheme of performance there under bearing no relation to ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..

Category: Company Law | Date: | Hits: 203

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ......it property including the Coronation Hall, situated thereon and let out to the Society Cinema Hall on 23.01.1997 and again on 01.11.2003. The Society Cinema Hall has been using the Coronation Hall as tenant of the defendant and that 40% of the rental income would have been paid, as donation, to the ..

Category: Property Law | Date: | Hits: 89

Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)

.... Title Suit No.3 of 1976, is hereby set aside and the judgment and decree of the learned Subordinate Judge are affirmed and maintained. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 69.......ts should have been accepted as genuine and relied upon. The onus of the plaintiffs cannot be discharged until the Court is persuaded to accept the position that there had been payment of rent by the tenant and acceptance thereof by the landlord, as a matter of fact on the basis of the disputed rent..

Category: Property Law | Date: | Hits: 96

Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)

.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......the execution of a decree for ejectment. In order to make the question intelligible a short statement of facts is necessary. 2. The opposite parties obtained a decree for eviction of their monthly tenant M/s. Jamil Auto Centre and its proprietor, Mustafa Jamil Ahmed, from a holding at Sir Syed Ro..

Category: Civil Law | Date: | Hits: 89

Government of Bangla­desh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)

....ecapulated the principle upon which writ jurisdiction can be invoked for each of contract as under: "(a) The contract is entered into by the Government in the capacity as sover­eign; (b) Where contractual obligation sought to be enforced in writ jurisdiction arises out of statutory duty or so...... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ..

Category: Business or Commercial Law | Date: | Hits: 267

Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)

....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......riminal Revision No.351 of 2006 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the accused Md. Nazir Ahmed used to live in the house of the informant as tenant. The accused along with his wife Mrs. Tahmina Akhter requested the informant to give money fo..

Category: Criminal Law | Date: | Hits: 89

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......No.12 of 1986 is that Abdul Huq, the father of Nurul Hossain, the plaintiff in the suit was carrying on jute business in the suit premises under the name and style “M/s. Huq Company” and he was a tenant under the original owners of the said jute godown which owners subsequently migrated to India..

Category: Property Law | Date: | Hits: 389

Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

.... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......0/-, and also looted away the goods from 10(ten) family rooms and 13 (thirteen) shops in the suit property and took possession thereof. The defendants deprived the plaintiffs of getting rent from the tenants of the said family rooms and shops to the tune of taka 26,000/- per month. After the inciden..

Category: Property Law | Date: | Hits: 72

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ......uted property should be restored to the respondent No.3, Khairunnessa. 4. It appears that in the Court of Settlement in Settlement Court Case No.422 of 1987 the petitioner being merely an allottee tenant of the Government was not made a party and it is submitted on behalf of the petitioner that t..

Category: Property Law | Date: | Hits: 86

Capital Co‑operative Housing Society Ltd. Vs. Director, Land Records and Survey, Government of Bangladesh and others, 1993, 22 CLC (HCD)

....n the result, we find no substance in this writ petition. The rule is accordingly discharged, butt them will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 289. ......‑1) and two plots of land bearing Nos. 878 and 879 recorded in CS Khatian No.330 (Annexure‑A) are the subject matter of the instant dispute. These two CS Khatians were recorded in the name of the tenant Sharafatullah under the landlord Bhowal Raj Estate. 3. Petitioners' case is that the said ..

Category: Property Law | Date: | Hits: 125

Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)

....s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......ormant Alfazuddin and his 4 brothers and possession of the same was delivered to them. Accused petitioner No. 1 Shambhu Nath Saha was running hotel business in the first floor of the said premises as tenant of Begum Jahura Hossain. Informant Alfazuddin and his bother instituted SCC Suit No. 58 of 19..

Category: Criminal Law | Date: | Hits: 83

Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)

.... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......ভিন্ন স্বত্বে মোট জমা ৫০.০০ টাকা। The total area of khas land written in Khatian No. 243 vide Ext. 12 is 15.43 acres and there are 2.94 acres of tenanted land also and the tenanted land is recorded in khatian Nos. 244 and 245. It further appears..

Category: Property Law | Date: | Hits: 70

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......aintiff is the irrevocable licencee of the defendant in the A' schedule land and that he is the real and absolute. owner of the dwelling house of three‑storied building and other amenities and appurtenants thereto described in the ‘B' schedule below under the irrevocable licence of the defendant..

Category: Property Law | Date: | Hits: 110

Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)

....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......and 6.9.77 and are in possession thereof from the date of agreement for sale in part performance of the contract; that a portion of the suit property is in possession of the defendant Bank as monthly tenant; that the plaintiffs came to know on 12.1.86 that the defendant No. 1, Rupali Bank obtained a..

Category: Procedural Law | Date: | Hits: 67

Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)

.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......sioning failure of justice in not noticing that the petitioners were not impleaded in Title Suit No. 5 of 1959 in their personal capacity but in their representative capacity as heirs of the original tenant who defaulted in payment of the rent, The opposite parties oppose this Rule by filing an affi..

Category: Property Law | Date: | Hits: 92

Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)

....State and loses the classified protection as under Article 149 of the Limitation Act. None of the functions of the State and its Government are non‑sovereign functions, be it economic or political, contractual or statutory except in a case where the persons doing the state function steps beyond th...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ..

Category: Civil Law | Date: | Hits: 87

Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)

....s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ......0 of 1975‑76 was started for demarcation of the land and separate shaham for 32.50 acres of land in plot No. 81/123 was allowed by the Circle Officer (Rev.) and he had been possessing the land as a tenant under the Government. The plaintiffs collusively got settlement of the land. As they acquired..

Category: Property Law | Date: | Hits: 72

Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)

....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......ation and other witnesses to show that their statements also support the recital and contends that the land is an agricultural land. This contention has no substance. The avocation or occupation of a tenant does not determine the, character of the land. It is the purpose for which the lease is taken..

Category: Property Law | Date: | Hits: 95