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Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......ter. So it appears that the petitioner is armed with a kabala in respect of the suit property executed and registered through court in pursuance of civil court decree and is in possession through his tenant Pakistan embassy in the knowledge and sight of the government. Further the learned Deputy Att..Category: Property Law | Date: | Hits: 40
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......alu was not made party in Other Suit No.55 of 1966. 3. The defendant Nos. 1 and 2 contested the suit contending, inter alia, that Syed Abul Makhdum was the landlord and Badia Sheikh was the tenant in respect of the suit land. For arrears of rent the suit lands were sold in auction and tha..Category: Property Law | Date: | Hits: 28
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......e-emption. 3. The pre-emptor respondent No. 1 filed the miscellaneous Case No. 48 of 1996 in order to have the case land by way of preemption stating, inter alia, that he is a co-sharer tenant in the case land by inheritance. The respondent No. 2 (vendor) transferred the case la..Category: Property Law | Date: | Hits: 33
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....cast. The impugned judgment of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 297....... the plaintiffs and since then the plaintiffs had been possessing the same by constructing tin shed thereon. The plaintiffs on 10.8.84 inducted defendant No. 1 into a dochala tinshed as their monthly tenant at a rental of Tk. 150/-. Later on she became an undesirable tenant and was asked to vacate t..Category: Tenancy Law | Date: | Hits: 124
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
....mount of discretion to the court, so far as interest pendente lite and subsequent interest are concerned. It is no longer absolutely obligatory on the courts to decree interest at the contractual rate upto the date of redemption in all circumstances, if there be no question of...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274.......ted living at Orakandi Mission. On the abolition of the said Mission, they left for India for good making an oral gift of the suit land in favour of defendant Nos. 1 and 2. The plaintiff is a monthly tenant of defendant No. 2 in respect of the suit property but she having refused to pay rent defen..Category: Tenancy Law | Date: | Hits: 163
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
....osts. The impugned judgment and order of the High Court Division are set aside and the judgment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......t and decree passed by the learned Assistant Judge, Narayanganj, as the S.C.C. Judge on 22.4.93 decreeing S.C.C. suit No. 1 of 1987. 2. The appellant brought the suit for eviction of her monthly tenant, the defendant respondent, from the suit premises stating, inter alia, that the defendant is ..Category: Tenancy Law | Date: | Hits: 154
Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)
....e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ......uit No. 3 of 1997 in the Court of Assistant Judge, 2nd Court, Dhaka for eviction of the respondent from the suit shop stating that it was initially let out on 19.5.1981 to the respondent as a monthly tenant at a rental of Tk. 400/- and the lease was, however, renewed by a fresh agreement dated 13.4...Category: Tenancy Law | Date: | Hits: 172
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ...... as being against natural justice. The relevant portion of the lease agreement dated 20.3.67 between the Government and Abul Hashem Khan reads as follows: "In the event of the tenant committing breach of any of covenant of this indenture other than payment of rent, taxes, e..Category: Property Law | Date: | Hits: 30
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......ing the Rule. 2. Short facts are that plaintiff Nos.1 and 2 and their father purchased holding No. 99 of Nawabpur Road, Dhaka in the year 1973 and at that time one Younus Chandana was the tenant in the suit premises and he accepted the plaintiffs as his landlord. Younus Chandana st..Category: Property Law | Date: | Hits: 23
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......dgment of the lower appellate court. 5. It is now submitted by the plaintiff review petitioner that in the meantime he has come to know from Serajuddin Ahmed one of the heirs of the recorded tenant Md. Musa Mia that the suit property was never acquired by the Government and as such the Ti..Category: Property Law | Date: | Hits: 20
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......indra Nath, in the year of 1359 B.S. Settled the suit land orally to the plaintiff Rakhal Chandra Pal. Manindra Nath filed Rent suit No.150 of 1956 wherein tie admitted the present plaintiff as his tenant. On payment of arrear rents the suit was dismissed. The plaintiff had been in possession of..Category: Property Law | Date: | Hits: 26
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ....... 2. The facts are that Syed Siddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co sharer tenants. The wife and sons executed a power of attorney in favour of syed Amzad Hossain who is also..Category: Property Law | Date: | Hits: 28
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......ferent time transferred different quantum of land to various persons and delivered possession there of to them; Safar Ali purchased the suit land from the heirs of C. S. and S. A recorded tenants by Kabala Nos. 4683 and 9250 while in possession the said Safar Ali sold the suit land to M..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......ging the said notice writ petitioner Respondents filed Writ petition No.480 of 1981 on the allegation that they are owners of the land and structures and owners of M/S Hardeo Glass Works were monthly tenants in the said premises and rule was issued in that writ petition on 23.6.1981 calling upon t..Category: Tenancy Law | Date: | Hits: 148
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......he aforesaid suit in the Court of Assistant Judge, at Gouripur Upazilla for permanent injunction against the defendant respondent stating, inter alia, that one Ahmed Ali Khalifa, the C.S. recorded tenant of 0.6 acres of land in C.S. Khatian number 66 sold the same to Fida Hossain and Noor Mohamm..Category: Property Law | Date: | Hits: 23
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......e appellants took possession of the property in execution of any decree which was varied or altered by the High Court Division. In fact the plaintiffs' claim possession over the suit property as a tenant and they prayed for declaration that notices dated 29.12.1976 issued by the appellants direc..Category: Property Law | Date: | Hits: 31
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....ere not entitled to the reliefs as prayed for as they were barred under Sections 26, 30, 31, 35 and 33 of the Employment of Labour (standing Orders) Act, 1965 and that the first parties being contractual workers, the provision of Section 34 of the Ordinance, 1969 was not applicable to ......ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ..Category: Labour and Industrial Law | Date: | Hits: 65
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....g of time the machinery lost the workable capacity, the defendants requested the plaintiff bank for further importation of machinery under BMRE but the plaintiff refused the proposal. It is a contractual obligation in the part of the plaintiff bank to extend financial assistance as and......erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ..Category: Banking Law | Date: | Hits: 97
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......ttagong. The father of the opposite party No.1 (i.e. respondent No.1 of the Leave Petition) was merely a business partner of Mr. Abdul Jail. But the respondent-Opposite Party No.1 is neither a tenant nor a licensee of the shop rather he had been trying to forcefully occupy the shop No. 9 wi..Category: Criminal Law | Date: | Hits: 32