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Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ......rong recording in the record of right in order to grab the suit land, the defendant Nos. 7-9 filed Title Suit No. 143 of 1987 before the Court of Assistant Judge, Bagerhat, showing the plaintiff as a tenant in the suit land and obtained a collusion decree on 02.05.1989 on suppressing the notice. On ..Category: Property Law | Date: | Hits: 33
....2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......Idris Mia, 42 DLR (AD) 110, setting aside an order of this Division, the Appellate Division allowed an amendment of the application for preemption for adding an alternative prayer for preemption as a tenant holding land contiguous to the land transferred, on the view, inter alia,
"Order 6 rule 17..
Category: Procedural Law | Date: | Hits: 60
Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)
....ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ......erty belongs to the petitioners and respondent No.31 whose predecessor purchased the same by registered kabala No.1153 dated 31.03.1986 from the heirs of one Meser Mahaler, the original C.S. recorded tenant, but respondent No. 2 claimed the said property to be the property of the waqf Estate althoug..Category: Trust/Waqf Law | Date: | Hits: 183
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500.......sion. 3. Defendant-petitioner contested the said suit by filing written statement denying the material allegations made in the plaint. The short fact of the defendant's case is that, C.S. recorded tenant of the suit land including other lands was one Nanda Bhuiyan who died leaving 3 sons and 3 da..Category: Property Law | Date: | Hits: 20
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....tioner for providing cellular mobile phone services was justified and in accordance with the agreement entered into in this regard between the petitioner and GrameenPhone. Since GrameenPhone is under contractual obligation to the government to pay royalty and licence fees every year to the governmen......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ..Category: Information Technology Law | Date: | Hits: 217
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... January, 1994. Subsequently, he started depositing Taka 1,000 in place of Taka 1,500 as monthly rent to the Rent Controller in an irregular manner. So, he became a defaulter and the plaintiff had no contractual obligation to allow the defendant to retain possession of the property after expiry of t...... of 1995. 2. The relevant facts, necessary for disposal of the Rule, are that the opposite party No.1 instituted the above noted SCC Suit against the petitioner (defendant) for eviction of monthly tenant alleging that she, being owner of the Suit property, inducted the defendant‑petitioner as a..Category: Property Law | Date: | Hits: 28
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....to the performance of the contract of sale being used as a ground for non payment or reduction or deferment of payment………….. ……………To this general statement of principle as to the contractual obligations of the confirming bank to the seller, there is one established exception: th......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55...Category: Civil Law | Date: | Hits: 100
Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)
.... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ....... The suit was subsequently transferred to the learned Assistant Judge, 5th Additional Court, Dhaka and was renumbered as title Suit No. 8 of 1999. The plaintiff alleged that the defendant No. 1 is a tenant under the plaintiff at a monthly rental of Taka 2000 and subsequently became a defaulter in p..Category: Tenancy Law | Date: | Hits: 171
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ...... co-villagers shifted their homestead to Jhaukanda, Char Kurulla, Char Deaobhet, Char Hatni, Partuil, etc. within the Dohar Police Station in the district of Dhaka in 1956 and took lands from the old tenants by purchase and took permanent settlement from the Government and have been residing there w..Category: Property Law | Date: | Hits: 68
Tofazzal Hossain (Md) and others Vs. Momtaz Begum & others, 1999, 28 CLC (HCD)
....turia in Miscellaneous (Pre-emption). No.5 of 1995 allowing pre-emption are affirmed. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 223.......in the mutation case in question. It is also evident from the report of the process-server that Koran Sk was dead at the relevant time and notice could not be served on him. The death of the recorded tenant Koran Sk before the filing of the mutation case is an established fact in this case and the f..Category: Property Law | Date: | Hits: 31
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
....han the opposing one. 9. However, a member can, of course, by contract with another member or a third party undertake to subscribe to or acquire more shares in the company but this obligation is a contractual obligation and not an obligation flowing from his status as a member of the company. ......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215...Category: Company Law | Date: | Hits: 197
Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)
....e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......vant for disposal of the Rule are that the petitioner-respondent instituted House Rent Control Case No.59 of 1991 under section 19(1) of Bari Bhara Niontron Ain, 1992 with the assertion that he was a tenant in respect of the case premises on payment of a monthly rent of Taka 125 to the opposite part..Category: Property Law | Date: | Hits: 34
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196....... which she got by way of gift and out of 3 huts two were let out and one is being possessed by her husband for their own use. The plaintiff No.2 Abdul Mannan entered into the suit hut being a monthly tenant under the defendant No.1’s wife and conducted the business of rickshaw, cycle and radio rep..Category: Property Law | Date: | Hits: 33
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ...... mutated in the Record of right and he paid rent to the Government. He had a shop in the suit premises and some portion is in possession of the monthly rentals and defendant No.4 to 10 and 13 are his tenants at will. It is the further case of the plaintiff that the defendants 11 and 12 were residi..Category: Property Law | Date: | Hits: 36
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......enancy Act and the State Acquisition and Tenancy Act. The expression ‘Non-Agricultural land’ may represent the entire land comprised in a tenancy or it may form a part as owned and possessed by a tenant or tenants on partition.” While concurring with the conclusion allowing the appeal, ..Category: Property Law | Date: | Hits: 39
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ...... leaving behind a son Jugal Kishore Das as the only heir who sold his portion to Radhika Mohan Kaibarta Das. Subsequently a certificate case was started against Purna Lakshmi Dasya showing her single tenant for realisation of arrear rent and one Afia Khatun purchased the entire schedule property in ..Category: Property Law | Date: | Hits: 28
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ...... that day he never gave statement in the police station. At the time of occurrence the deceased had his revolver with him. Two houses in Rasel Park were let out. But he could not say the names of the tenants of those houses. He then said that Jamaluddin, a clerk of his brother, Advocate Badiuzzaman,..Category: Criminal Law | Date: | Hits: 40
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ......her order or orders as to this Court may deem fit and proper. 2. Short facts leading to this Rule are that on 15-3-1995 the pre-emptor (herein opposite party No. 1), claiming to be a co-sharer tenant instituted Miscellaneous Case No. 11 of 1995 under section 96 of the State Acquisition & ..Category: Property Law | Date: | Hits: 23
Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)
....ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ......ction 151 of the Code of Civil Procedure for temporary injunction for restraining the plaintiff from exhibiting cinema in the said cinema hall. 4. His grievance was mainly that the plaintiff was a tenant under him and stopped paying rents since 1999 and cancellation of the licence exhibiting cine..Category: Civil Law | Date: | Hits: 93
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....he petitioner is a fake person and not the real owner. Whether the petitioner is fake Fidaul Huq or not is a disputed question of fact and it cannot be deter- mined in writ jurisdiction. Furthermore, contractual fact of obligation cannot be enforced in a writ petition. It has been settled in the cas......not be declared to be without any lawful authority and is of no legal effect. 2. The short facts of the petitioner's case is, that the petitioner entered into a Lease Agreement on 2710-1971 as a tenant of Flat No. Ja, China Building, 99 Peelkhana Road, Azimpur, Dhaka with its original owner, Mr..Category: Property Law | Date: | Hits: 34
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