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Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ......Institute in memory of his wife's late father, a renowned poet of Bangladesh, that in one part of the land some tin-structures were constructed in which a Tailoring-cum-Sewing Factory was set up by a tenant, that his wife had been running an Educational Institute in the remaining part. They contende..Category: Others | Date: | Hits: 104
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ...... Baksha 6 pakhis of land equivalent to 1.69 acres by accepting from them a joint registered kabuliyat dated 9th Jaistha 1327 B.S. corresponding to 2.6.1920. Since that settlement both the tenants possessed in ejmali the entire 20 pakhis of land which is that suit land. 8. As noti..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
....s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ......ants possessed the suit land openly and adversely. They further pleaded that after the acquisition of the rent receiving interests the said land vested in the Government and the defendants had become tenants directly under the Government and the Government had also recognised them. 5. The trial c..Category: Property Law | Date: | Hits: 34
Maqsood Alam Vs. Bangladesh, 1986, 15 CLC (AD)
.... result, the appeal is allowed. The impugned orders of the High Court Division and the trial Court are set aside. No order as to costs. Ed. This Case is Also Reported in: 38 DLR (AD) (1986) 290 ......cer". The suit in which this question has arisen is Title Suit No. 842 of 1981 in the 1st Court of Subordinate Judge, Dhaka, filed by the appellant-plaintiff. It is a suit for ejectment of a monthly tenant, namely, the Government and for realisation of arrear rent along with mesne profits. The Mili..Category: Tenancy Law | Date: | Hits: 108
Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no orÂder as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ......oid because the law has not made it an unlawful bargain……(13) Section 9 of the Ordinance provides that on mutual agreement municipal rent or tax is negotiable. It is payable either by the tenant or by the landlord, whatever is agreed to between the parties, can be a term of the tenancy. ..Category: Tenancy Law | Date: | Hits: 65
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......ent nor did it affect the plaintiff-appellants' interest in Schedule 2 lands. In brief, appellant's case is that the suit, jute comprised 28, 35 acres of lands and out of this area 6.37 acres were tenanted with an annual rent exclusive of cesses of Tk. 49/8/- payable in two instalments, one in Au..Category: Fiscal/Taxation Law | Date: | Hits: 80
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97......872 (I of 1872), section 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and restores possession to ..Category: Property Law | Date: | Hits: 37
Government of BangÂladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is disÂmissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......ja Sashi Kanta Acharya Bahadur. It was very much known to tae Zaminders that he was in possession. In 1951 with the acquisition of rent receiving interest, the Zaminder has disappeared and he becomes tenant under section 3 (4) (e): ''all tenants holding lands in such estates, (taluks, tenure..Category: Property Law | Date: | Hits: 37
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The apÂpeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ......e to the rightful claimant owners if it is not exercised in open assertion of hostile title. Isolated fact of user cannot constitute adverse possession in law. Once a tenancy comes into existence the tenant cannot convert his tenancy into a permanent one by doing any act adverse to the landlord…â€..Category: Property Law | Date: | Hits: 63
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......tration Ordinance, 1960 (X of 1960), section 38 and rules 12 - 15 The Premises Rent Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustme..Category: Property Law | Date: | Hits: 59
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......test one being executed on November 11, 1949 and that they were possessing the land till the whole-sale State acquisition of all rent-receiving interests on April 14, 1956 whereupon they being tenants in actual possession became tenants directly under the Government. Plaintiffs after t..Category: Property Law | Date: | Hits: 45
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ......on the learned Judges held that since during the pendency of the pre-emption proceeding the record of right was changed in the name of Salina Bai by mutation, the appellants ceased to be co-sharer tenant and, accordingly, pre-emption was not available to them. 8. The High Court Division a..Category: Property Law | Date: | Hits: 47
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......mption is dismissed. The Bengal Tenancy Act (VIII of 1885) Sec. 88A If the subdivision of the jama is done in accordance with law, the preemptor is not a co-sharer. Whether interest of the tenant subsisted after split of the jama in the jamindari sheresta is a question of fact and the onu..Category: Property Law | Date: | Hits: 48
Uttara Bank Vs. Macneill and Kilburn Ltd. and others, 1981, 10 CLC (AD)
....in the seller's country known as the correspondent or negotiating bank, to accept drafts drawn upon it for the price of the goods, against tender by the seller of the shipping documents. The contractual relationship between the issuing bank and the buyer is defined by the terms of the a...... the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside, and the application for temporary injunction rejected. Ed. ..Category: Banking Law | Date: | Hits: 130
Md. Abdul Jalil Vs. Durjan Ali alias Siddique Hossain and others, 1981, 10 CLC (AD)
....re-emption. In the result, the appeal is allowed with costs. The Judgment and order of the High Court Division is set aside and that of the lower appellate court is restored. Ed. ...... latter case, the defect of parties was held to be fatal to the proceeding for pre-emption. Section 96(2) reads thus: "In an application made under sub-section (1) by a co-sharer tenant or co-sharer tenants, all other co-sharer tenants of the holding and the transferee shall b..Category: Property Law | Date: | Hits: 43
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....ature of legal relationship between the government and civil servants. In describing what the relationship, Ramaswami, J. stated as follows: "It is true that the origin of GovernÂment service is contractual. There is an offer and acceptance in every case. But once appointed to his post or offic......the aforesaid case. The provisions of this Act which were impugned were held to be not unconstitutional as they had intended to eliminate all rent-receiving interests and to create a uniform class of tenants under the Government and that section 3 of the Act gave the power or discretion to acquire s..Category: Employment/Service Law | Date: | Hits: 180
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ......Facts in short are that the appellant instituted Small Cause Court Suit No. 5 of 1973 for ejectment of the respondent from the suit premises describing the respondent as an ordinary ejectable monthly tenant at a monthly rental of Tk. 40/-. The suit was instituted after determining the tenancy by ser..Category: Procedural Law | Date: | Hits: 147
Abdus Samad & ors Vs. Md. Sohrab Ali and others, 1981, 10 CLC (AD)
....ge cannot be sustained, therefore, the appeal is allowed with costs and the Judgment of the High Court set aside. Judgment and order of the lower Appellate Court are restored. Ed. ......sons, and, as such, the sale cannot be made subject-matter of pre-emption. Their further case is that the original holding was never auction-sold nor any fresh settlement was taken by the original tenants and no fresh or separate holding was created in respect of the case land. 4. T..Category: Property Law | Date: | Hits: 73
Rajan Miah Vs. Abdur Rashid and anoÂther, 1982, 11 CLC (AD)
.... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ......sh the claim of possession of the plaintiff in the disputed land. Exhibit C which is the judgment in objection case showed that the plot No. 9072 has been recorded in name of the defendant, as the tenant under the plaintiff. It was concluded that the rent-receiving interest having been acquired ..Category: Property Law | Date: | Hits: 47
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ......uit premises on the ground of deÂfault and bonafide requirement of members of his family and for reconstruction of the damaÂged frontal portion of the building thereof. The respondent was a monthly tenant under a deed of agreement dated 1st May, 1968, rent was fixed at Tk 851/- per month payable b..Category: Tenancy Law | Date: | Hits: 67
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