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Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
....l either be exposed to an expectation of favour from, or will be suffering from a gnawing fear of victimization by the executive organ of the State and in such situation the District Judge cannot be expected to discharge his judicial functions without apprehension of being victimized or expectation......pplication by this Court. 15. Mr. Amir-ul-Islam, who also appeared for the petitioner, has attacked the contention of Mr. Khan as to the maintainability of the writ petition from a completely different angle. He has argued that a person exercising judicial function exercises sovereign judicial po..Category: Employment/Service Law | Date: | Hits: 173
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......a in the matter, the question still emerges whether the plaintiff is entitled to any relief. Section 20 sub-section (4) is as under:
“(4) Notwithstanding anything contained in sub-section (2), a rent-receiver, a cultivating raiyat or a cultivating under-raiyat or a group of rent-receiver, culti..
Category: Procedural Law | Date: | Hits: 68
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....to, of which he is the owner. Under sub-section (9) of section 9 it has been provided that the expression ‘annual value’ shall be deemed to mean the sum for which the property might reasonably be expected to be let from year to year. So, the basis for assessment of tax is the determination of bo......see-appellant. The assessee, Mrs. Zebunnessa, has got a house at 119A, Dhanmandi Residential Area, Road No.2 Dacca, which she let out to the German Institute before the War of Liberation at a monthly rent of Tk. 4,000/- per month from 1st December, 1968 till 30th November, 1973. The house being in b..Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......st which it has been granted to implement it. If the enforcement or implementation of the declaration is not made by the authority concerned, contempt proceedings may be drawn up but that is a different matter. The resulting position is that when a judgment had already been pronounced by the High ..Category: Constitutional Law | Date: | Hits: 181
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......ourt had fallen into error in not appreciating that the remedies under Order 9, rule 13 of the Code of Civil Procedure and that of under section 96(2) of the Code of Civil Procedure though concurrent are entirely distinct in their scope. It was further submitted that the attention of the High ..Category: Procedural Law | Date: | Hits: 80
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ...... before the Chittagong port Authority-respondent No.2 for leasing out land measuring 50,000 square metre open space outside port protected area at 'X' and 'Y' shed compound of the CPA on open space rent. The CPA Board gave decision in favour of the petitioner for leasing out 51,526 square open spa..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....ct. The learned Assistant Judge has resolved the principal issue involved in the suit relying upon the claim of the landlord without reference to the evidence which is absolutely erroneous. It is not expected or desired from a Court of law to resolve the main issue involved in the suit on the basis ......nur Rahman J.- I agree with the judgment delivered by my brother ABM Khairul Haque J. ABM Khairul Haque J.- This appeal is in respect of ejectment of a monthly tenant and for realisation of arrear rent and compensation. 4. The facts leading to the filing of this appeal are that Alhaj Sadequr R..Category: Tenancy Law | Date: | Hits: 210
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....l miles which shows that it covered 225 nautical miles per day (24 hours) at a speed of 9.75 nautical miles per hour. This speeds, as appears from the materials on record, certifies conformity to the expected speed from the vessel MV CHOSUN HOPE. Therefore, the date as mentioned in the charter party......d. as the D.W.1 on 5.6.2000, 8.6.2000, 13.7.2000 and on 24.7.2009. The defendant further examined one Mr. Nazrul Kamal, a Marine Surveyor as D.W.2 on 13.7.2000 and 24.8.2009. Both the D.Ws filed different documents which were marked Exhibit A to F which are as follows: Exhibit No. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......overnment of the People’s Republic of Bangladesh namely, defendant No.1. The defendant No.1 also recognised the plaintiff as tenant of the ground floor of the aforesaid holding on accepting monthly rent. Lastly, rent was enhanced upto Taka 8,935.00 per month. 3. The defendant No.1 intended to d..Category: Tenancy Law | Date: | Hits: 135
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......ala being No.749, registered on 28.1.1999 in favour of the plaintiff and handed over the possession of the sold land to the plaintiff, who upon mutating his name in the record of right and paying the rent to the authority while on exclusive enjoyment of the said purchased land, came to learn that th..Category: Property Law | Date: | Hits: 74
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......o-sharer in the tenancy or holding. Mr. Deb relied on the decision in the case of SM Basiruddin Vs. Zahurul Islam Chowdhury and another reported in 35 DLR (AD) 230 wherein their Lordships took a different view from that taken by Sekander Ali, J and concurred by Murshed, J that the expression co-shar..Category: Property Law | Date: | Hits: 70
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
.... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......g registered saf kabala being No.1609 and 1601 dated 27.4.1979. The said quantum of 0.52 acres of land is the suit land. The plaintiffs mutated their name in the relevant record of right and paid the rent and taxes up to date and possessing the land through cultivating the same and enjoying their jo..Category: Property Law | Date: | Hits: 62
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......ip business to him, that he in collusion with others deleted his name from the partnership business by resorting to forgery and misappropriated the business of partnership and that he has been paying rent of the shop in his personal name. 3. On the basis of the first information report, Police re..Category: Criminal Law | Date: | Hits: 56
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ...... the suit by adducing evidence. They admitted that original recorded owner of the suit land was Herajtullah Sheikh, Binod Sheikh and Khoka Sheikh. According to them, the original owners failed to pay rent to the landlord and, thereafter, the landlord settled suit plot Nos. 2201, 2202 and 2206 to t..Category: Property Law | Date: | Hits: 104
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......ama dated 15th Baishak, 1355 B.S. Since then Ratan Sheikh had been enjoying the suit property. Abani Mohan Roy Chowdhury filed Rent Suit No. 1108 of 1961 against Raton Sheikh for recovery of arrear rent and that suit was decreed on compromise on 30th November, 1961. Raton Sheikh gifted the suit pr..Category: Property Law | Date: | Hits: 80
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......1 to 5 namely, Rabindra Chandra Saha and Gopinath Saha, son of Jagabandhu Saha, Prodip Kumar Saha, Netai Chandra Saha and Narayan Chandra Saha, son of Anil Chandra Saha, proposed to Jagabandu Saha to rent the same on monthly basis for running the business of a carpenter by constructing a structure o..Category: Property Law | Date: | Hits: 126
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....z, Talha, Mahmud, Arif, Mamun and others came. PW 2 asked for he money but Mehedi requested PW 2 to stay there for some time and to take meal with them and to meet the leaders of their party who were expected to arrive soon. So PW 2 stayed there and at 12-00/12-30 AM five persons arrived. On the que......tigation that the said Mamun and other members of the Jamatul Mojahidin. Bangladesh (shortly JMB), previously banned by the Government, had, in a pre-planned manner, caused explosion of bombs at different places of the country. In continuation of such activity, the condemned convicts and others held..Category: Criminal Law | Date: | Hits: 224
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......mitted that in view of said orders passed in Miscellaneous Case No. 45/IX- 1/79-80 and 317/IX-I/82-83 opening new khatians in the name of Sudhir Kumar Das in respect of his entire land and payment of rents on the basis of such khatian the pre-emptor was not entitled to pre-empt the impugned transfer..Category: Property Law | Date: | Hits: 69
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ......rther case of the contesting defendants is that at Mouja Chadkati, the land of CS khatian 30 belonged to Alif Khalifa and others and superior landlords were Sattajit Ghosal Bahadur and others and the rent of the superior landlord remained unpaid and the superior landlord filed rent suit No. 1110 of ..Category: Property Law | Date: | Hits: 70
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....ties gave special attention and such term should override a term which was incorporated only by reference. In other words, when the letter of credit expressly contains a term, the parties thereto are expected and intended to act upon such term as they agreed and such term must be held to override a ......marked Exhibit A to F series, and X. 17. PW 1, Fazle Hossain testified in support of the plaint case. He said that PBL received five lots of shipping documents from third defendant KEB on different dates, namely, on 25‑5‑93, 31‑5‑93, 2-6‑93, 10‑6‑93 and 16‑6‑93. The docume..Category: Business or Commercial Law | Date: | Hits: 289
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