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Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......ty has failed to prove that the original vendor Ahsan Ullah Bhuiyan sold the property to the predecessor of the present plaintiff-opposite party without providing any document as to the C.S. Recorded tenant, as such, the predecessor of present plaintiff-opposite party failed to prove the change of t..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......isional records of right of the suit property is wrong. 3. The case of the plaintiff petitioner, in short, is that the suit property originally belonged to Dadhiram Barman who is the CS recorded tenant. Dadhiram died leaving Aswani Barman and Tipri Barman, they are sister's son of Dadhiram ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
....The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
......title in the suit land and further it was stated that they purchased the property from Dilip Kumar and Prodip Kumar and their vendor purchased the suit land on 2-11-19962 from one Rojcit, SA recorded tenant and said Rojot got the suit land by way of settlement from original owner Manikko Sundory. It..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
....vant is not like an ordinary contract or service between a master and servant. The legal relationship is something entirely different, something in the nature of status. It is much more than a purely contractual relationship voluntarily entered into between the parties. The duties of status fixed is...... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
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Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
.... (c) if the instrumentality of the State acts contrary to the public good, public interest, unfairly, unjustly, unreasonably discriminatory and violative of Article 14 of Constitution of India in its contractual or statutory obligation, writ petition would be maintainable. However, a legal......anted earlier by this Court is hereby vacated accordingly. There is no order as to costs. Communicate this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 67 ..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....s dismissed without any order as to cost. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 46. ......in respect of any area, then, subject to the provisions of section 111, a civil Court shall not entertain any suit or application for the alternation of any rent or determination of the status of any tenant of the incidents of any tenancy in such area and if any such suit or application relating to ..Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ...... in the High Court Division. The Secretary, Ministry of Lands, contested the writ petition and claimed that the Revenue Officer legally changed the record in accordance with law since the recorded tenant Gulshan Roushan Ally left this country in 1971 and his whereabouts had not been traced out o..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
....al is allowed and the impugned judgment is set aside. The disputed deed being No.4196 dated 30.11.1998 is declared void. There is no order as to costs.
Ed.
This Case is also Reported in:
...... or not, depends on the definition clause of P.O. 16 of 1972 and admittedly the owner was not in Bangladesh in 1972 and there is no document to show that the case property was under occupation of the tenant of the real owner in February, 1972 and that the claim of Mr. K.M. Zarrar that the Polish nat..
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
S.M. Zahid Rezvi and others Vs. The Magura Pourashava and others, 2012, 41 CLC (HCD)
....ted the shops and hand over the vacant possession in favour of respondent No.1 within 30 days from date. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16. ......pped and that if the order of stay is not vacated, the Pourashava will be seriously prejudiced. 4. The learned Advocate for the respondent No.1 applicant submits that the petitioners are monthly tenant under the Pourashava and that if the terms and conditions for allotment of proposed shopping ..Category: Constitutional Law | Date: 24 May, 2012 | Hits: 1
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ......r order or orders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the, Rule, in short, are that Satish Chandra Datta and Ramesh Chandra Datta were the CS recorded tenant of the land under CS Khatian No.1072 in the year 1941. Petitioner's father Abdul Aziz too..Category: Others | Date: 22 May, 2012 | Hits: 9
.... the said public institution. In this respect, the learned Attorney-General has referred to the section 1 (3.1) of the General Conditions of Contract.
32. Apart from the merit regarding the contractual obligations, it transpires from the impugned judgment that the Arbitral Award has been s...... as to costs.
Send down the LCRs along with a copy of the judgment to the Court below immediately.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 194.
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Category: Arbitration Law | Date: 10 May, 2012 | Hits: 16
Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)
....l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......application for pre-emption under section 96 of the State Acquisition and Tenancy Act before the learned Senior Assistant Judge, Companygonj, Noakhali stating, inter alia, that he is a co-sharer tenant to the case holding by way of inheritance and purchase. Because of misunderstanding, the sell..Category: Property Law | Date: 10 May, 2012 | Hits: 7
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ....... The case of the plaintiffs, in short, is that the suit property originally belonged to Ranjit Kumar Kar and his three brothers in Mourashi Maliki right. Rashid Ali had been possessing the land as a tenant under them on payment of rent since 1941. Subsequently, Rashid Ali purchased the entire secon..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....Ali, with Mr. Farruk Rahman, Advocates appearing for the plaintiff-respondents, on the other hand, submits that, the trial Court did not make any error of law as the Court considered both the case of contractual and statutory tenancy in the judgment. The tenancy was considered as terminated for the ......ent May 7, 2012. Result: The appeal is dismissed. Whether Tenant Can Restrain Landlord Permanently from Evicting by Challenging the Title- It is settled principle of law that tenant can file suit but that he can done after surrendering the suit premises to the plaintiff land..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......ed 08-09-1986. This respondent had been in possession thereof by mutating his name and paying rent to the Government. By constructing a shop thereon he had been in possession of same through his tenant. All of a sudden on 19-08-2004 the staff of the Adalat, and others came to his land and took ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ...... wife named Rawshan Ara rented the suit premises in favour of the defendant upon certain terms and conditions. An agreement for lease was executed by his mother as being landlord and the defendant as tenant on 17-5-1976. The tenants were parted with possession in the suit premises. The defendant sta..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ......to the Government. He possessed the suit land by constructing a Mill within the knowledge of everyone concern. The plaintiff claimed an area of 53 decimals of land in C.S. plot No. 167. 3. C. S. tenant Golami Sheikh owned and possessed an area of 39 decimals of land, in C.S. plot No.166, C.S. K..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
....the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 760. ...... Counsel for the petitioner merit consideration. 13. In the result leave is granted on the additional ground Nos.1, 3 and 4 which are quoted below:- "I. Because the District Board being the tenant under Emperor of India and their tenancy being rent free and Abdul Latif being a ejaradar und..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
.... paper book out of court in accordance with rules. The order of stay granted earlier shall continue till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 635. ......binding upon her. Defendant No.1 contested the suit denying the material averments made in the plaint. In his suit he admitted that Rokeya Begum was the owner of the suit land and she inducted him as tenant in the suit property. In the absence of Rokeya Begum, the suit property was declared as aba..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....s set-aside. Title Suit No.5 of 2006 is decreed. 21. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 124. ......was prepared in the name of Chandra Mohan, Jogendra Mohan and Brojo Mohan. The sons of Ram Dayal by registered deed No.9571 dated 23-10-1948 sold their share to Horihor Chandra. The heirs of recorded tenant of CS and SA Khatian were in possession and while they were in peaceful possession by power o..Category: Others | Date: 18 Mar, 2012 | Hits: 5
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