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Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......nterest devolved upon his son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have been possessing the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and..Category: Property Law | Date: | Hits: 26
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....o make any open or underhand dealing with any person or persons whatsoever in respect of Birla Brand materials for Bangladesh during the subsistence of the appointments/contracts/agreements and the contractual rights of the plaintiffs, for the decree declaring that all transactions made and actio...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......pointed out that PW 8 Yunus Ali and PW 9 Abdul Majid were declared hostile. It appears that they were cross-examined by the defence. PW8 testified that at the time of occurrence on 25.3.81 he was a tenant in the house of Ishaque Master at Atrai and at 8-30 PM he heard cries 'save me—save me' and..Category: Criminal Law | Date: | Hits: 44
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....e of reading implied condition of a contract is not available in case of interpretation of statutes and thirdly that, in the instant case the statutory conditions of service have been deemed to be contractual conditions of service. 6. The High Court Division found on materials ......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 136
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ed District Judge, Kushtia in Title Appeal No.2 of 1975 is lawful and the present suit is not maintainable in law. The case of the defendant No.4 (respondent herein) is that the recorded tenant of the suit property left for India before the Indo-Pak war of 1965 and were living there pe..Category: Property Law | Date: | Hits: 59
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......nter alia, that they on the basis of a written agreement of November 14, 1959 with plaintiffs' predecessor Hazi Mir Baksha Miah, although prior to that on the basis of oral agreement they were the tenants of the premises in suit, took lease of the premises in suit and were running their business..Category: Property Law | Date: | Hits: 46
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......amp; 88 Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, not as tenants. That is why the landlords sued them for eviction as trespassers. The protection of section ..Category: Tenancy Law | Date: | Hits: 169
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......vil Revision No. 705 of 1991). Judgment: Mustafa Kamal J.- This appeal by leave by the tenant-appellant is from the judgment and order dated 7-2-93 passed by a learned Single Judge of th..Category: Property Law | Date: | Hits: 33
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......d decree dated April 30, 1998 of the court of additional assistant judge, sadar, Gazipur in house rent case No. 1 of 1997 decreeing the same. 2. The suit was filed seeking ejectment of the monthly tenant on the ground of bonafide requirement and for unauthorized activities as well as causing anno..Category: Tenancy Law | Date: | Hits: 180
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. .......06.1992 for declaration of title and recovery of khas possession of the suit property after removing all structures from the suit property stating, inter alia, that Abdul Kader was the C.S. recorded tenant of the suit property. Abdul Kader sold the suit property to Sarat Chandra Ghose Ukil by a reg..Category: Property Law | Date: | Hits: 75
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......cate for the petitioners, placed before us the judgments of the Courts below as well as the judgment of this Division and thereafter he submitted that the plaintiff-petitioners are the tenants in the suit land. He, thus, contends that the decisions referred to in the judgment of this..Category: Property Law | Date: | Hits: 46
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ...... some part and also for confirmation of possession in the rest of the suit land. Defendant -respondent No. 1 Sreemati Shaivalini Gosh filed S.C.C. suits against the appellants for their eviction as tenants from the suit land originally in the First Court of Munsif, Chittagong which on transfer to..Category: Property Law | Date: | Hits: 106
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......as heard by the Additional Commissioner, Rajshahi and by order dated 18.10.1979, he found that the land in suit of Anil Ranjan against Monindra Nath Pramanik and the recording of Monindra's name as tenant of the disputed land and sale set aside Case No. 319 of 1960-1961 are all managed collusive ..Category: Property Law | Date: | Hits: 39
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ...... 4. The case was contested by the defendant Nos. 1 and 2 by filing written statement denying the material averments made in the plaint and stating inter alia, that Jairuddin was korfa tenant under Kuran Mondal in respect of the land of C. S khatian no. 409 of Mouza Rajarampur, that ..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......hat the Government has decided to sale the property in favour of the plaintiff at the valuation determined by the Government. 8. From all these, it reveals the plaintiff though was initially tenant in a portion of the premises for commercial use he used the premises mainly for residential ..Category: Property Law | Date: | Hits: 41
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......o be taken with a gram of salt. The lower appellate court also held that Exts. 4, 4(a) and 4(b) were produced to show that the plaintiff was entered into the rent roll of the Dhaka Nawab Estate as tenant with respect to the suit land but a scrutiny of the papers produced from the Dhaka Nawab Est..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ty to the accepted claimant of the same free from encumbrance created by the Abandoned Property Authority and for performance thereof the Abandoned Property Authority took step for eviction of the tenant inducted by it since the tenant so inducted was not vacating the property allotted to it aft..Category: Property Law | Date: | Hits: 38
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......intiff and that the S. A. record in the name of defendant No.9 and R. S. record in the name of defendant No. 8 are incorrect. 2. Plaintiff averred that land in suit belonged to C.S. recorded tenant Monohar Ghosh and on the death of Monahar Ghosh his interest devolved upon his daughter Cha..Category: Property Law | Date: | Hits: 48
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
.... firm and found on evidence that the respondent still continued as partner and he secured his contract on such representation. Further, it was found that the respondent did not get release from the contractual obligation by the Upazila Administration. In this view of the matter it was held that ......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......d cannot be termed as concurrent, even then the plaintiff failed to prove that the defendant tarnished the image of the cinema hall by supplying bad food to its customers and the plaintiff needed the tenanted premises for the benefit of the company…………..(8 & 11) Lawyers Involved: K..Category: Property Law | Date: | Hits: 64
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