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Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....t which right had been mortalised by the law of limitation. Mr. Hasnat further submitted that the law of limitation is not meant to facilitate loan defaulters or guarantors to thrive by dodging their contractual obligations, and hence the legislators introduced an additional safety valve by insertin...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. Â ..Category: Banking Law | Date: | Hits: 215
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ......on any law or authority in support of his view. 13. Before the State Acquisition and Tenancy Act, 1950, the Bengal Tenancy Act, 1885 (Act VIII of 1885) was in force. It was the law of landlord and tenant. Under said law different classes of interest in land were created, as different classes of l..Category: Property Law | Date: | Hits: 76
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......ity did not commit any illegality in cancelling the lease of the plaintiff for breach of the contract period of 99 years commencing from the first of April, 1984 on the terms, inter alia, 4. that the tenant shall start the industries concerned on the land within two years from the date of the commen..
Category: Property Law | Date: | Hits: 73
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 1997, 26 CLC (HCD)
....1-11-1995 passed by this Court staying the operation of the impugned judgment and decree passed by the trial Court is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 141. ......sidered the aforesaid exhibits and decreed the suit relying on them as good admissible evidence in support of the claim of the plaintiff that she (Khairunnessa) was the legal heir of Ismail, i.e. the tenant in respect of the suit shop under the appellant through her mother Ayesha Begum. 13. Secti..Category: Property Law | Date: | Hits: 116
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
.... as frivolous, misconceived and, as such, not maintainable. 4. Mr. KS Nabi first, raised an objection on maintainability on the ground that the dispute raised by this writ petition arises out of a contractual agreement and, as such, the High Court shall not exercise its power under Article 102 of......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....stake cannot go in favour of the Government instead the buyer would get the benefit in repaying the loan, The matter was ultimately referred to the Attorney-General who opined that the buyer is under contractual obligation to pay the loan as long term loan as per deed of agreement. The petitioner......foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ..Category: Others | Date: | Hits: 95
Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)
....stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......art of the holding. Sub-section (1) of Section 96 of the State Acquisition and Tenancy Act reads as follows: “If a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may, within four months of the service of the notice given under section 89, ..Category: Property Law | Date: | Hits: 67
....gladesh Biman Corporation the respondent No.1, filed an affidavit-in-opposition containing, inter alia, that the writ petitions are not maintainable on the ground that the petitioners seek to enforce contractual terms and conditions of service which are governed by the law of contract and cannot be ......pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
..
Category: Employment/Service Law | Date: | Hits: 113
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
....rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550....... of the suit. 2. The short facts relevant are that, the petitioners being plaintiff instituted SCC Suit No. 8 of 1994 before the SCC Judge and Assistant Judge, 3rd Court, Dhaka for eviction of the tenant opposite party No. 1 from the shop room No. 2 in the ground floor of holding No. 20 Islampur ..Category: Property Law | Date: | Hits: 57
Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)
....24) 1KB 461. Relevant portion at page 673 is as follows: ‘In my opinion, it is necessary in a case like the present to direct the jury what are the limits and what are the qualifications of the contractual duty of secrecy implied in the relation of banker and customer. There appears to be no a......he result, the Rule is discharged with cost of Taka 10,000.00 (ten thousand) to be paid by the petitioner to the contesting respondent No. 1. Ed. This Case is also Reported in: 51 DLR (1999) 534...Category: Banking Law | Date: | Hits: 196
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......o. 688 and thus Menhajuddin became the owner of the suit land measuring 3.63 acres and had been in possession of the same. The plaintiff No.1 further pleaded that for non payment of rent by the under tenants of CS Khatian No. 688 under original CS Khatian No. 687 and the heirs of Alimuddin having 8 ..Category: Property Law | Date: | Hits: 98
Dr. Abdul Gani Vs. Mujibur Rahman & others, 1999, 28 CLC (HCD)
.... and decree dated 24-5-87 passed by the Senior Assistant Judge, Kishoreganj in Small Cause Courts Act Suit No. 1 of 1986 is hereby set aside. Ed. This Case is also Reported in: 51 DLR (1999) 510.......respectively and realised the rent from them. Thereafter Israil Bepari died leaving behind plaintiff Nos. 1-7 and the plaintiffs became the owner of the land as co-sharer. The defendant No. 1 was the tenant under the plaintiff but stopped payment of rent from the month of Bhadra, 1388 BS. In spite o..Category: Civil Law | Date: | Hits: 89
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....of the overseas supplier of fabrics and accessories. Under the law of agency the agent is paid by his principal only. He cannot be paid any commission by the opposite party, because an agent owes his contractual duty to his principal only, and indeed, the agent will be in a situation of conflict of ......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ..Category: Civil Law | Date: | Hits: 164
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......ner purchased .10178 acres of land of plot No. 39 along with the structures thereon from Ranajit Mohan Tahbildar by a registered deed dated 17-7-1969 and before purchase he was possessing the same as tenant under the Tahbildar brothers and at the time of selling the suit property to the plaintiff op..Category: Administrative Law | Date: | Hits: 210
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....petitioners are permitted to preÂpare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......o the Revenue office. 4. The defendant Nos.1-4 are the successors-in-interest from the recorded ownÂers of S.A. Khatian No.544 and the defendant No.5 is the successor-in-interest of the record of tenant of S.A. Khatian No.144 and the said defendants on 20th Poush, 1403 B.S. denied to make amicab..Category: Property Law | Date: | Hits: 45
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ...... land to the southern eastern part of C.S. Plot No.107 of C.S. Khatian No. 175 (contiguous to western part of C.S. Plot No. 106) from Abdul Jabbar Mia, son of Fazar Ali Sheikh, original C.S. recorded tenant by kabala dated 7-12-62 and 10.12.62 and has been in possession of the said purchased land by..Category: Property Law | Date: | Hits: 39
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grantÂed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......e documents filed by them and as such the finding is a perverse one and can not be sustained in law. He further submits that Moksudar Rahman, husband of defendant opposite party No.1 admittedly was a tenant under the said Nazirul Islam and in that connection a suit arose and ultimately a second apÂ..Category: Procedural Law | Date: | Hits: 80
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103.......nsif, 1st Court, Dhaka in Title Suit No. 586 of 1983.
2. Facts in short are that the opposite party, Md. Maftabuddin Chowdhury instituted a suit being Title Suit No. 586 of 1983 for ejectment of a tenant alleging, inter alia, that the defendant, namely, Messrs National Tuberculosis Relief and Reh..
Category: Property Law | Date: | Hits: 28
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......ing of this review petition are that Rustam Ali and his wife the plaintiff-respondent No.7 are the admitted ownÂers of the suit-land by purchase from one Abdul Ali, purchaser from the C.S. recorded tenant. The plaintiff-responÂdent Nos.1 to 6 are the sons and daughÂters of late Rustam Ali. A bui..Category: Property Law | Date: | Hits: 33
....the citizens.
206. The Constitutional provision for appointment of Additional Judges for a period not exceeding two years or for a further period cannot be treated, understood or interpreted as a contractual agreement or appointment for performing duties for a specified period which stands termi......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
..
Category: Constitutional Law | Date: | Hits: 252
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