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Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)

.... beside the house of the informant-party they heard the accused persons giving threat to the informant-party with dire consequences even with murder. If that be so, this fact of quarrel or enmity was expected to have been disclosed in the G.D.E. of the aforesaid U.D. Case No. 20 of 1991 which might ...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ..

Category: Criminal Law | Date: | Hits: 69

Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)

.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ......n Newaz Ali and four daughters. The original owner sold the suit‑holding by kabala dated 20.6.42 to one Hiran Prava Sarker and Lakshmi Bala Debi and while in possession they defaulted in payment of rents. Hence the landlord instituted a suit against them and obtained a rent decree in 1949 and the ..

Category: Procedural Law | Date: | Hits: 94

Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)

....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......n favour of the plaintiff. The plaintiff thereafter with the permission of the defendant No.1 started to reside in the disputed holding and the said two tenants in the holding used to pay their house rents to him; that the plaintiff‑petitioner requested the defendant No.1 several times and lastly ..

Category: Procedural Law | Date: | Hits: 76

Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)

....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......he respondent, in the presence of the guardians of both the parties, to the effect that he would not take drugs again and would not physically and mentally torture the petitioner and would arrange to rent separate accommodation. On 10.11.2004, they lived together in the rented accommodation, but the..

Category: Family Law | Date: | Hits: 327

Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)

....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......n Upazila-Karimganj, District-Kishoreganj for a period of ten years with effect from 1411 BS. The authority granted lease for an area measuring 137.06 acres for a period of five years at 30% enhanced rent. The writ-petitioner paid all the due monies and the lease deed was executed for the period 141..

Category: Fiscal/Taxation Law | Date: | Hits: 96

Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)

....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......wful authority. Thereafter, the then Additional Deputy Commissioner (Review) unsuccessfully moved Civil Petition No.166 of 1998 before this Court. Their predecessor there­upon mutated his name, paid rent to the Government and possessed the suit property till his death. The suit properties are not v..

Category: Property Law | Date: | Hits: 93

Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)

....gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ...... domain the plaintiffs are entitled to claim the same as gained by gradual accession resulting from the recession of the river." 6. Section 86 of the Act as it then stood provided for abatement or rent in case of loss of lands by diluvion and also ensured the subsistence of the right, title and i..

Category: Property Law | Date: | Hits: 77

Jahangir Nagar University Co‑operative Housing Society Vs. Mujibur Rahman (Md.) & others, 1990, 19 CLC (HCD)

....tion. The rule is accordingly discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 282.......15‑8‑51 to one Abdur Rashid Bepari son of Abdul Jabbar Fakir of Miton and on receipt of Salami granted receipt on 6‑3‑58. Said Abdur Rashid Bepari possessed and enjoyed the said land and paid rent to the Nowab Estate up to 1361 BS and during the settlement operation the land was recorded in ..

Category: Property Law | Date: | Hits: 146

Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)

....roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ......rporation having its office in the aforesaid building. The respondent Company took lease of a portion of the aforesaid Paribahan Bhaban measuring 3458 sq. ft. on the 4th floor on 10.5.83 at a monthly rent of Tk. 20,610.00 at the rate of Tk. 6.00 per sq. ft. It was also agreed that rent of every mont..

Category: Company Law | Date: | Hits: 165

Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)

....ts which arose for adjudication. It also affords opportunity to the parties to know the grounds of decision to enable them to agitate against such decision in the higher forum. The Appellate Court is expected to give its decision specially on matters relating to facts which should be self explanator......d Hem Chandra Chowdhury. Rajab Ali purchased the said land from Dengu Sheikh and applied to the landlord for being recognised as tenant whereupon the landlord recognised him as tenant and he received rent from Rajab Ali. One Pear Ullah was the owner of 30 decimals of land appertaining to plot No. 15..

Category: Property Law | Date: | Hits: 60

Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)

....the decision which is alleged to be unreasonable, unfair and unjust and is considering whether the Bank authority had taken a stand to the prejudice of the tenderer which is a stand as never could be expected of a reasonable man in a similar situation. We find none of the allegations to be tenable a......exercising a power must exercise that power justly and fairly. Every piece of legislation or rules empowering an authority to exercise a power would contain the said duty to act justly. It is, an inherent and integral part of all powers. No provision, for acting fairly and justly should be super add..

Category: Others | Date: | Hits: 123

Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ......on­tempt is committed in facie curaie and by the superior Courts on their own behalf or on behalf of Courts subordinate to them even if committed outside the Courts. Formerly, it was regarded as inherent in the powers of a Court of Record and now by the Constitution of India, it is a part of the po..

Category: Criminal Law | Date: | Hits: 124

Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)

....e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......ome portion of the property to others and thereafter during the RS operation the name of said Gobinda Banik son of Ram Kumar Banik was correctly recorded in RS Khatian being No.83 who thereafter paid rent and taxes in his own name. The aforesaid Gobinda Chandra Banik had three sons namely, the plain..

Category: Property Law | Date: | Hits: 75

Shoaib (Md.) Vs. Uttara Bank Ltd. and another, 1990, 19 CLC (HCD)

....Anowar. Acceptance of the petitioner as share‑holder in place of Khurshid Anowar would not in any way cause any prejudice to the Respondent Bank. 11. Mr. Fida M Kamal further submits that it was expected from the Bank that it must say or write a single line in its letter dated 15.4.84 that afte......aise any other objection excepting the three which have been discussed and answered. There is no objection regarding the purchase of share certificates and the instruments of transfer. It is also apparent that the instruments of transfer were placed before the respondent bank and the same were duly ..

Category: Company Law | Date: | Hits: 175

Saifur Rahman Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....d 19.11.86 as at Annexure 'H' and Tare declared to be without lawful authority and are of no legal effect. There is no order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 210. ...... the respondent No. 1 is that the three disputed plots, namely, plot Nos. 557, 558 and 559 never appertained to Char Sitaram. These three plots appertained to mouza Udaypur which belonged to the ex‑rent‑receivers namely, the Landlords of Ulania and the Bhuban Mohan Roy Chowdhury Estate, and. as ..

Category: Property Law | Date: | Hits: 63

Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)

....not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......fendant petitioners alleging, inter alia, that the plaintiff's father purchased the suit land in the name of the plaintiff. Thereafter they created building thereon and let out the suit premises at a rental of Tk. 75/‑ per month to the defendants who undertook to deposit Tk. 7,500/‑ as security ..

Category: Property Law | Date: | Hits: 66

Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)

....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......nt under the landlord ‑opposite party in respect of the suit promises and the opposite party filed the aforesaid two suits for ejectment of the petitioner on the ground of default in the payment of rent and also for bona fide requirement. It is the further case of the petitioner that when the land..

Category: Property Law | Date: | Hits: 66

Nurul Absar Chowdhury and others Vs. Haji Abdul Hoque Sowdagar, 1990, 19 CLC (HCD)

....rned Advocate for the petitioners. Therefore, I do not find any substance in the Rule. The Rule is discharged. But no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 112. ......s that the petitioners stated that they were sub‑tenants and took lease from the defendant Syed Ahmed verbally. But in support of their respective cases none of the petitioners was able to file any rent receipt showing payment of rent. Accordingly, the Trial Court refused to accept thee applicatio..

Category: Property Law | Date: | Hits: 67

Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)

....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......vernment may, with a view to implementing such recommendations of the Commission as may be accepted by it, by notification in the official Gazette, determine the wage, bonus, medical allowance, house rent allowance, conveyance allowance and leave which shall be payable or admissible to any worker em..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)

....dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ......2. Petitioner as Plaintiff filed the aforesaid Small Cause Court Suit against the defendant opposite party for her ejectment from the suit premises on the ground that she is a defaulter in payment of rent since June, 1990 and, as such, plaintiff terminated the monthly tenancy of the defendant in the..

Category: Tenancy Law | Date: | Hits: 167