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Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....is not maintainable. In support of his conten­tion he referred the case of Safi Ahamed Chowdhury vs. Pubali Bank reported in 54 DLR 310 wherein it is held: “A declaration with regard to the contractual or financial obligation involved or transaction between the parties cannot come within t......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..

Category: Property Law | Date: | Hits: 31

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

....mpensation in case of the failure of the petitioner's company in performing the contract and the plain truth is that the contract was frustrated by the BSRS through non-performance of its part of the contractual obligation in the matter as stated above. 5. On the basis of the aforesaid facts it h......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...

Category: Criminal Law | Date: | Hits: 67

Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)

....Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21.......emium money deposited by him was made and the said amount by way of an adjustment was paid against future rents, cesses etc.; that he paid rents etc. upto 1961-62; that a relationship of landlord and tenant was established between him and the defendant; that subsequently a copy of the Government (Bo..

Category: Property Law | Date: | Hits: 36

Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)

....account-holder at the time of opening of the account. He argued that in view of the clear provision of section 103 of the Banking Companies Act, 1991 the bank may not be injuncted in fulfilling their contractual obligation. 4. Mr. SH Nurul Huda Jaigirdar, the learned Advocate appearing with Mr. R......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..

Category: Banking Law | Date: | Hits: 122

Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)

....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......stant Judge and SCC Judge, Dhaka in SCC Suit No. 03 of 1994 dismissing the suit. 2. Petitioner as plaintiff instituted the suit in question for ejectment of the defendant-opposite party, a monthly tenant, stating, inter alia, that the suit property originally belonged to Fulesa Khatun who transfe..

Category: Tenancy Law | Date: | Hits: 148

Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)

....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ...... 3. The petitioners as defendants No.1 to 5 contested the suit by filing a joint written statement denying the case of the plaintiff. 4. Defence case, in brief, is that the plaintiff was monthly tenant under defendant No.1 first at a rent of Taka 1,600 and then at 2,000. The plaintiff was runni..

Category: Civil Law | Date: | Hits: 82

Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)

....d by the plaintiff. It is the case of the defendants that the containers in question were discharged by the carrier at the port of Chittagong with the seal intact. The defendant No.1 discharged their contractual obligations by delivering goods to the plaintiff at Chittagong Port against the original......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 214

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

....ces raising a time barred, artificial, illegal and ultra vires claim as stated above, particularly when the petitioner accepted orders for manufacturing Coils and is engaged in the performance of its contractual obligation is nothing but colourable exercise of power for collateral purpose and malice......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)

....s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......t lands appertaining to C.S. khatian No. 8 under khebot No. 248 were equally owned and possessed by three brothers namely, Kali Das Dhupi, Raj Kumar Dhupi and Gurudas Dhupi as rentless Karsha Service tenants under Houla landlord Osman Kha and others. Rajkumar Dhupi died unmarried leaving two brother..

Category: Property Law | Date: | Hits: 27

Surujit Bose (Raju) Vs. Bangladesh and others, 2010, 39 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 552. ......he father of the petitioner suit Kumar Bose was appointed Managing Shebayet on behalf of Bigraha and he was looking after the said Debutter property properly while the said Mamnoor Rashid was monthly tenant under the said Debutter property he transferred his land in C.S. plot Nos.94 and 95 in 1963 t..

Category: Property Law | Date: | Hits: 23

Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)

....llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......permanent injunction against the defendant opposite parties stating, inter alia, that the suit prop­erty having an area of 0236 ajutangsha originally belonged to one Kazim Khalifa, the C.S. recorded tenant. C.S. Khatian No. 14789 C.S. Plot No.264 was in his name. He transferred right, title and int..

Category: Property Law | Date: | Hits: 24

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

....by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478.......f 1984 stated in the pliant that the suit land measuring 35 decimals of land in plot Nos.170, 176 and 178 of mouza bali-adanga of Monirampur Police Station, District-Jessore belonged to C.S. recorded tenant Arjun Muchi and others and one Dakhu Rani was his upper landlord and subsequently one Kashina..

Category: Property Law | Date: | Hits: 27

Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)

....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ...... the ex-landlord has given settlement of the suit land in favour of one Darkanath Dev and others but for arrears of rents ex-landlord has taken back the land in his khas possession from the aforesaid tenants. On 27.11.1951 B.S. the predecessor of the plaintiff namely Kalimuddin Mondal took pattan of..

Category: Property Law | Date: | Hits: 28

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

.... observations, if necessary, on further evidence as may be adduced by the parties. The Court would abide by the ultimate result of the suit. Ed. This Case is also Reported in: 53 DLR (2001) 53. ......5 and 6 could not have any right or interest as lessee under the vested properties authority. It also held that defendant Nos. 5 and 6 failed to prove that they are the heirs of the original recorded tenant, Kashem Ali, Exhibit No. ‘Nia’. 22. Thereafter, with regard to the possession, the tri..

Category: Property Law | Date: | Hits: 22

Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)

....instatement in the office, and (e) Terms and conditions of service prescribed by the rules, regulations or any other form of delegated legislation made by a body under statutory powers are not contractual, but have statutory force and the dismissal or termination of service in substantial dis......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..

Category: Administrative Law | Date: | Hits: 165

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ......€”For Respondent No.4. Writ Petition No. 95 of 2000. Judgment Syed JR Mudassir Hussain J.- Petitioner No.1 Meridian International Limited Company and petitioner No. 2 the former tenants of the respondent No. 4 obtained the Rule Nisi calling upon the respondents to show cause as..

Category: Property Law | Date: | Hits: 31

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

.... Let a copy of this judgment be sent to the Hon’ble Minister, Ministry of Home Affairs and Director General, Department of Social Services. Ed. This Case is also Reported in: 53 DLR (2001) 1. ......ion discharged their function in accordance with law. It has further been asserted that the building owners, the landlords of the houses did not file any allegation against the respondents that their tenants have been forcibly evicted by them, even no Case is pending before any Court by the tenants ..

Category: Constitutional Law | Date: | Hits: 264

Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and oth­ers, 2009, 38 CLC (AD)

....ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......er of the defendants never raised any objection in that respect during his life time. 5. On appeal, the learned Subordinate Judge found that although the oral gift of Asimon Bibi, the recorded tenant, in favour of the plaintiff No.1 was not proved but his possession to the extant of half of 0..

Category: Property Law | Date: | Hits: 21

Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......llah, another co-sharer sold .20½ acres of land out of D.S. khatian No. 204. Rashed Miah Bhuiyan and Abdur Razzaque Bhuiyan purchased some lands of plot No.2259 of D.S. No. 640 the petitioner is a tenant hold­ing lands contiguous to the lands of plot no. 2326. Said Abdur Razzaque Bhuiyan, the ..

Category: Property Law | Date: | Hits: 33

Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)

....the rules. The operation of the impugned judg­ment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......ikesh Sarker, Debendra Nath Sarkar and Gaugamoyee Sarker. The plaintiffs predecessor took settlement of the said lands from the said landlords by several amalnamas and they were recog­nized as Korfa tenants under khatian Nos. 22-31 of the landlords khatian No.21. The lands were accordingly recorded..

Category: Property Law | Date: | Hits: 25