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....d disposal afresh. The impugned judgment and order passed by the High Court Division in Civil Revision No.314 of 2005, is set aside.
Ed.
This Case is also Reported in: 9 ADC (2012) 644.
...... land and has been paying rent regularly. The plaintiff has been possessing his purchased land by planting trees and growing crops thereon. Thus the plaintiff and his predecessors the C.S. recorded tenant have been possessing the suit land for more than 50 years. Thai the defendant No.1 being gree..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ......hy;nected with agriculture or horticulture irrespective of whether it is used' for any such purposes or not is 'non-agricultural land'. There are two classes of non-agricultural tenants under the said Act, namely (a) tenants, and (b) undertenants. 'Non-agricultural ten..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......accepted. 43. On the other hand, the High Court Division laid emphasis on the fact that the Purchaser did not perform her part in obtaining Income Tax Clearance Certificate; showed herself as a tenant of the suit property thereby making the seller liable to Income Tax; did not conclude the dea..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....ability of a party to the contract and arises by reason of the fact that as transferee he takes subject to the transferor's preexisting contractual obligation; and where there is no pre-existing contractual obligation, it seems that the case entirely fails as against the transferee. The plaint......-in-interest of the appellants on 15th January, 1964. Paresh Chandra Nath subsequently instituted Money Suit No.6 of 1965 against Hasan Ali Driver in respect of the same property claiming him as tenant for recovery of arrear rents. According to the plaintiffs, the defendant Paresh filed a comp..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
....gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ......otographs and a identity card from the house of accused Faruk in his absence material Exhibits XXIII XXXI and signatures on seizure list exhibit(১(জ), ১জ/৩). The accused Faruk was her tenant and a student having good character. 35. P.W.27, Advocate Sowkat Ali, deposed that he is..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ......o notice has been served, within four months of the date of knowledge of the transfer, that the pre-emptor must be a bonafide cultivator and must fulfil the conditions laid down in section 90, that a tenant holding land contiguous to the land transferred claiming pre-emption shall make "all the co-s..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
BGP Inc., China National Petroleum Corporation Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....as been concluded with the Contractor and the Procuring Entity. Subsequent thereto a separate contract is executed between the “Contractor” and the “Sub-contractor” in order to complete the contractual works. However, rule 53 provides for appointment of a “Sub-contractor”, which runs ......ance with law. With the above observations this Rule is disposed of. There will be no order as to costs. Farid Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 29 May, 2011 | Hits: 21
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....f the same. Since the instant maritime claim itself is a maritime lien making the vessel liable for payment and as the vessel would be sold for the purpose of satisfying its creditor, the question of contractual relationship with the owner of the vessel for the payment against the supply of the nece......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......ir case, in brief, is that the suit land originally belonged to the landlord Mrinal Kanti Ghosh Chowdhury. A company named Bagda Firm Ltd. represented by its Managing Director, Anil Chakraborty was a tenant therein under the landlord. Subsequently the suit land vested in Government and was published..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
....olongation of litigation as well as increasing of valuation of the suit land, the income tax authority cannot claim more money towards income tax clearance certificate beyond the tax payable upon the contractual amount. Had the kabala deed been executed normally in 1970 the income tax authority woul......13. It further appears from the record that there is a two storied building upon the suit land. The defendant No.4 was inducted into the said building by the plaintiff respondent (judgment debtor) as tenant who started depositing rent with the House Rent controller vide HRC case No. 224 of 1983. It ..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
....able to the plaintiff-respondent No.1 but the defendants arbitrarily allowed him to withdraw Taka 21, 60,577.91 deducting Taka 3, 73,396.94 from the actual dues as penalty on the plea of violation of contractual time limit for completion of work as per schedule. The plaintiff then submitted an appli......ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Ramesh Chandra Adhikari Vs. Bulbuli, 2011, 40 CLC (AD)
....Tula-samma Vs. V. Sesha Reddi (Dead) By L. Rs, AIR 1977 SC 1944, it was observed, "Under the Shastric Hindu Law, a marriage, unlike a marriage under the Mohamma-dan Law which is purely contractual in nature, is a sacrament -a religious ceremony which results in a sacred and a holy uni......find any merit in the leave petition. Accordingly, the leave petition is dismissed with cost of Taka 5,000 (five thousand). Ed. This Case is also Reported in: 66 DLR (AD) (2014) 104. ..Category: Family Law, Hindu Law | Date: 6 Jan, 2011 | Hits: 15
Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)
....ned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......eement dated 26-2-1987; that following the purchase of the plaintiffs Janab Hafez Tamizuddin, constituted attorney of the plaintiff’s vendors introduced the plaintiff No.1 with all the existing tenants including the respondents with instruction to pay the rent to the plaintiff No.1 and to..Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12
Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)
....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......rom whom the defendant No.1 purchased the land measuring 0.92 acres by a registered kabala dated 6.5.1969. Defendant No.1 further purchased 0.50 acres of land from Rabeya Khatun, the S.A. recorded tenant of S.A. Khatian No.92 on 21.6.1969 by a registered kabala. It was his further case that he ..Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....it with prayer that 'a decree be passed directing defendant No.1 and 2 to execute and register the sale deed in question in favour of the plaintiff in respect of the property in suit on accepting the contractual sale money less than the amount already paid as earnest money and defendant No.1 be dire......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......as vested property on the basis of a V.P. Case started long after the lifting of emergency on 16th February, 1969 a heavy duty is cast upon the authority concerned to satisfy itself that the recorded tenant migrated to India before 1965. In support of this we can rely on the case of Dayal Chandra Mo..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
..... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ...... 23. The case of Jadav Chandra Vs. Abdul Khaleque, 27 DLR (AD) 114, is a case under section 24 of the Non-Agricultural Tenancy Act, where plaint was sought to be amended as; 'Since a co-sharer tenant of non Tagricultural land is entitled to apply for preemption under section 24 of the Non-Agr..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Mosammat Rehana Akhter Vs. Rizia Begum and others, 2010, 39 CLC (HCD)
....L.C. Records. The order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 422. ......in B.S. khatian No.1196 under B.S. dag Nos.954, 958 and 955/956/957. Land covered by B.S. dag No.954 is 32 decimals and B.S. dag No.958 covered 18 decimals; that thereafter the P.S. and B.S. recorded tenant Jobeda Khatun on 23.11.1981 sold out the case land to Fakir Ahmed; that thereafter said Fakir..Category: Property Law | Date: 13 Jan, 2010 | Hits: 56
Nuvista Pharma Limited Vs. Chairman, National Board of Revenue & ors, 2010, 39 CLC (AD)
....on any Bank Guarantee. The Appellate Division observed— "The decisions show that court will not interfere by granting an injunction from performing or discharging the contractual obligations. Such is the case here. The letter of guarantee was given in this case by......der. In the premises we do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 302. ..Category: Business or Commercial Law | Date: 4 Jan, 2010 | Hits: 4
....tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
...... section 96 of the S A & T Act, the Courts need not make inquiry
in respect of the title of the pre-emptor, rather it only require to consider
incidentally whether the pre-emptor is a co sharer tenant by inheritance, by
purchase and whether the tenant is holding land contiguous to the land tr..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
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