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Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)
....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......nation she admitted that the deceased Sawpna did never complain to her about any ill treatment meted out to her by her husband or by her mother‑in‑law. 9. PW 4 Mrs. Kanan Das was residing as a tenant in the ground floor of the same house of occurrence at the relevant time. She stated that in ..Category: Criminal Law | Date: | Hits: 116
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......n No.674 of 1990 with Civil Revision No.675 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- These two rules arising out of common facts present a common question on the law of landlord and tenant. In order to make the question clear it is necessary to make a brief statement of facts. 2..Category: Property Law | Date: | Hits: 78
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......eted to the reformed lands. The plaintiffs possess the reformed lands as well as the accreted lands. Sometime in 1963 they applied to the Additional Deputy Commissioner (Rev) for their recognition as tenants in respect of the said lands under section 86 of the State Acquisition and Tenancy Act. The ..Category: Property Law | Date: | Hits: 77
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......l General Clauses Act the words "holding", "portion" and "share", though used in the singular, should include the plural. So, when several "holdings' are sold by the same transaction, the co‑sharer tenant must apply for pre‑emption in respect of "portions" or shares" of all the "holdings" sold. ..Category: Property Law | Date: | Hits: 78
Sheikh MA Jabbar Vs. AKM Obaidul Huq and others, 1990, 19 CLC (HCD)
....passed by the Metropolitan Magistrate in case No. 792A/95 is set aside. The Rule arising out of Criminal Revision No. 239/88 is discharged. Ed. This Case is also Reported in: 43 DLR (1991) 233. ...... opposite party did not move the Sessions Judge while disposing of the appeal for an order of restoration nor has be moved this Court for that purpose. The complainant opposite party was admittedly a tenant under the accused‑petitioner. The real owner has got back possession in the case shop, alth..Category: Criminal Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......ng to CS Khatian No. 52. Subsequently they sold 1.99 acres of land from the aforesaid CS plots to Rajab Ali Mondal, predecessor of' the plaintiffs who applied to the landlords for being recongised as tenants whereupon the landlords brought the same under khas possession and gave pattan of the same t..Category: Property Law | Date: | Hits: 60
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
.... judicial review is only legality or otherwise of the decision making process to be examined on the touchstone of the doctrine of ultra vires which doctrine of ultra vires would also be applicable on contractual field if it is executed in exercise of a power under statute or Rules made thereunder an......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ......titioner by the Deputy Commissioner, Bhola, sometime in 1951, was cancelled and the Deputy Commissioner, Bhola, was directed to take steps for recognising the respondent No. 4 and some others as co‑tenants of those lands, and an order passed by the Government under Memo No. 11‑1/86/438/1(3) date..Category: Property Law | Date: | Hits: 63
Dildar Hossain and another Vs. Md. Sharif Hossain and others, 1990, 19 CLC (HCD)
....f fresh service of summons upon the cited witnesses is allowed. Let a copy of this order be transmitted to the Court concerned immediately. Ed. This Case is also Reported in: 43 DLR (1991) 196. ...... the names of Raghu Nanda. Saha Banik, Nripendra Kumar Saba Banik, Prasanta Kumar Saha Banik, Ram Krishna Saha Banik and Satya Narayan Saha Banik; that during the communal riot of 1950, the aforesaid tenants and their predecessors left the suit‑property and went to Mymensingh Chola Bazar keeping t..Category: Property Law | Date: | Hits: 78
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......of the judgment and decree of the Trial Court has been stayed till the hearing of the revision case. 5. The suit, out of which the present revision case arises, is a suit for eviction of a monthly tenant and accordingly it was triable by the Court of Small Cause Courts under section 15 of the Sma..Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......r staying all further proceedings of SCC Suit Nos. 56 and 57 of 1988 now pending in the 1st Court of Assistant Judge and SCC Judge, Dhaka. 3. The petitioner's case in short is that he is a monthly tenant under the landlord ‑opposite party in respect of the suit promises and the opposite party f..Category: Property Law | Date: | Hits: 66
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
.... void having been made with lack of inherent jurisdiction. 7. Mr. Khondker Amir Hossain, learned Counsel appearing for the respondents, has submitted that the relationship between the parties is a contractual one subject to rules and regulations and that the impugned order was passed on the verba...... The impugned order (Annexure‑A) is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 112...Category: Employment/Service Law | Date: | Hits: 88
Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)
....rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......etitioners as added defendants in SCC Suit No. 1 of 1986 pending in the court of Munsif, First Court, Sadar, Chittagong shall not be set aside. 2. The learned Advocate submits that they were sub‑tenants in respect of the holding which was subject matter of the suit for ejectment of the tenants ..Category: Property Law | Date: | Hits: 67
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ...... Further Court below also found that plaintiff failed to prove his bonafide requirement for the suit premises. 6. In the case reported in 31 DLR (AD) 55 an amount of Taka 19,200.00 was paid by the tenant to the landlord as advance to be adjusted against the rent and for that reason by adjusting t..Category: Tenancy Law | Date: | Hits: 167
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ve the question of assessment open for determination by the Department in the light of the observations made above. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 56.......an Institute before the War of Liberation at a monthly rent of Tk. 4,000/- per month from 1st December, 1968 till 30th November, 1973. The house being in bad shape due to lack of care and repairs the tenants asked the asseessee to suitably repair and renovate the house. At this stage M/S Sonali Esta..Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......untry under Martial Law and the responsibility has fallen for the same upon the Armed Forces of the country as a part of their obligation towards the people and the country. Now, therefore, I, Lieutenant General Hussain Muhammad Ershad, with the help and mercy of Almighty Allah and blessings of o..Category: Constitutional Law | Date: | Hits: 181
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......irul Haque J. Shah Abu Nayeem Mominur Rahman J.- I agree with the judgment delivered by my brother ABM Khairul Haque J. ABM Khairul Haque J.- This appeal is in respect of ejectment of a monthly tenant and for realisation of arrear rent and compensation. 4. The facts leading to the filing of..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......e Barisal Municipality with a two-storied building, tinshed, Golpata hut, tank and other appurtenances. The plaintiff, Hemangini Dastidar, claimed to have purchased the properties Defendant 3 was a tenant in the premises. He instituted a suit being Title suit No. 72/ 60 in the 2nd Court of Munsif,..Category: Property Law | Date: | Hits: 63
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......usiness of manufacture of batteries in the ground floor of Holding No.74 Motijheel Commercial Area, Dhaka since 1961. Like the plaintiffs predecessor-in-interest the plaintiff was accepted as monthly tenant in respect of ground floor of the aforesaid holding. While the plaintiff had been running his..Category: Tenancy Law | Date: | Hits: 135
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......act found that Abani Mohan Roy Chowdhury obtained decree in Rent Suit No.1108 of 1961 against the Rattan Sheikh on compromise on 21st November, 1961 in which Abani Mohan admitted Rattan Sheikh as the tenant (exts. 4 4(Ka) and 5) which were found as genuine and from which the lower appellate court ..Category: Property Law | Date: | Hits: 80
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