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Haji Tajamal Ali being dead his heirs: Kamarunnesa & ors. Vs. Abdus Sattar & ors, 1982, 11 CLC (AD)
....iguity" within the meaning of section 9 of the State Acquisition and Tenancy Act. 8. In the result, the appeal is dismissed without, however, any order as to cost. Ed. ......espect of two out of three plots comprising the 'land transferred' in that case and it was observed as follows : "In case where land transferred consists of more than one plot, a tenant or tenants having tend contiguous to the plot or plots may apply for pre-emption, bat in su..Category: Property Law | Date: | Hits: 66
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......nt in whose name the property stands. The defendant claimed that as the properties were acquired by her name was mutated in the rent-roll of the Government Sherista; and she collected rent from the tenants; and she paid taxes and electricity bills and did all acts of possession independent of th..Category: Property Law | Date: | Hits: 448
Mrs. H Mansur & ors Vs. Sec. Min. of Pub. Works & Urban Dev., Pub. Works Div, GoB, 1982, 11 CLC (AD)
....e High Court Division after finding that the order of cancellation was vitiated as being malafide were well founded in law in refusing to exercise writ jurisdiction on the ground that it was a contractual breach of term of the lease and so no writ lay. 2. Facts are not long and they m......ed with costs. The order of the High Court Division is set aside, and the impugned order of cancellation of the lease deed declared to have been passed without any lawful authority. Ed. ..Category: Property Law | Date: | Hits: 53
Zahirul Huq Vs. Ejamul Huq and others, 1982, 11 CLC (AD)
....rom the due process of law. With this observation this appeal is allowed without any order as to costs, the order of the High Court Division is set aside and the writ petition dismissed. Ed. ...... directing to hand over vacant possession of the shop named 'Bornika' to the appellant before us was without lawful authority. 2. The main dispute centred round the question whether Zahirul Huq, tenant of the premises though he was described as an ex-tenant, was directed to restoration of posse..Category: Tenancy Law | Date: | Hits: 93
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ......om the Judgment and Order dated 24.6.1975 passed by the High Court Division in Civil Revision Case No. 91 of 1972.) Judgment: K. Hossain CJ.- This appeal by special leave at the instance of the tenant arises out of a suit for ejectment. Facts are that the defendant-appellant was a monthly tena..Category: Tenancy Law | Date: | Hits: 116
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ...... and the Artha Rin Adalat No.3, Dhaka, upon hearing the parties rejected the Miscellaneous Case on the ground of limitation; that after the advertisement of the auction sale notices one Habib Gazi, tenant of 3rd, 4th and 5th floors of the building of the suit property, filed Miscellaneous Case N..Category: Banking Law | Date: | Hits: 112
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ...... J.- This appeal by leave is at the instance of plaintiff-appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent was a monthly tenant at a rental of Taka 300 per month as per agreement dated 15-8-1971. Although the tenancy comm..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....t the Court in the exercise of its jurisdiction of judicial review of the action of the Government in the discharge of executive functions as well as activities of State functionary in respect of the contractual matter considered the rationality and reasonableness of decision made, has referred to t......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..Category: Others | Date: | Hits: 130
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....ed and banks are in no way concerned with or bound by such contract, even if any reference whatsoever to such contracts is included in the credit. The beneficiary can in no way avail himself of the contractual relationships existing between the banks or between the applicant and the issuing bank......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ..Category: Civil Law | Date: | Hits: 115
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ...... rents and compensation for use and occupations. 2. Plaint case, in short, was this Jana Jiban Dutta was the owner of the suit premises. He let out the same to the defendant-appellant as a monthly tenant. Jana Jiban Dutta died leaving a daughter Kiran Bala. Kiran Bala embraced ‘Islam’ and too..Category: Tenancy Law | Date: | Hits: 70
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ...... in (1981) 1 BCR (HCD), 43. 16. In the reported case in a certificate proceeding property belonging to the member of the Hindu community was sold and after 5 years, as it appears, a tenant of the holding approached the Revenue authority for setting aside the auction sale and ..Category: Civil Law | Date: | Hits: 77
Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)
.... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ......nt to be presented in a proper Court. 2. Facts in brief are that plaintiff-appellant filed a suit for ejectment after a notice under section 106 of the Transfer of Property Act, against the tenant-respondent, on the ground of bonafide requirement for personal use and occupation, and also ..Category: Property Law | Date: | Hits: 44
Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)
....ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ......is prohibition against creating a complete usufructuary mortgage in favour of a person other than a bonafide cultivator, some of the beneficial measures for giving relief to indebted agricultural tenants which were incorporated in the amended section 26G were not considered to be necessary to ..Category: Property Law | Date: | Hits: 85
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....sing its jurisdiction in granting stay of the operation of the order passed by the learned District Judge which had effect of injunction the petitioner and the respondents 3-5 from performing their contractual obligations. 4. Khondker Mahbuddin Ahmed, the learned Counsel appearing for the appel...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ......er a Court of Small Causes can exercise powers under section 144 of the Code of Civil Procedure. Facts are that the plaintiff respondents got an ex-parte decree for ejectment on 27-2-76 against the tenant defendant, and in execution of the decree got delivery of possession through Court on 17-3-..Category: Procedural Law | Date: | Hits: 96
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ......ed. The Small Causes Courts Act, 1887 (Act IX of 1887), section 25. The Transfer of Property Act, 1882 (Act IV of 1882), sections 105, 106. The right of occupation remains personal with the tenant. The right being personal it ceases with the death of either party. So on the death of the te..Category: Tenancy Law | Date: | Hits: 67
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
....s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ......ous to the land transferred, that is to say, it is touching the land transferred. Only then he can maintain his claim………..(10) If more than one plot of land are transferred by a sale deed, a tenant having land contiguous to one of the plots, cannot lay his claim of pre-emption beyond that p..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ...... K. Hossain, CJ.— In this appeal the short point involved is whether the learned Judges of the High Court Division in granting stay of the execution of the decree for ejectment of monthly tenant for one year exercised his revisional jurisdiction judiciously. All facts need not be..Category: Tenancy Law | Date: | Hits: 69
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......ed in this appeal a narration of facts in brief is necessary. The plaintiff instituted OS No. 230 of 1969 in the 1st Court of Munsif, Chittagong on 8.9.69 alleging that the defendant was a monthly tenant under him in the suit premises. The tenant defaulted in payment of rent for which the plaint..Category: Others | Date: | Hits: 119
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ......hern portion of both the plots were low nal lands. Taking advantage of the absence of any boundary wall in between the two plots defendant No. 1, enlisting the collusive support of defendant No. 2, a tenant under the plaintiff in the southern portion of plot No. 799, illegally encroached upon the af..Category: Property Law | Date: | Hits: 66
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