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Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......93 passed the High Court Division in Civil Revision Nos. 675 and 674 of 1990). Judgment: Shahabuddin Ahmed Q: Two co‑sharer landlords have filed these two leave petitions separately and the tenant is the common Respondent in both the petitions. The High Court Division, by two separate Judg..Category: Tenancy Law | Date: | Hits: 71
Golchera Khatun being dead her heirs: Akhter Hossain and ors Vs. Sayera Khatoon, 1993, 22 CLC (AD)
.... We allow all the four appeals. The entire interest in the transferred plot will vest in the appellants. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 133 ......Tenancy Act is a beneficial legislation, intended for the convenience of the co-sharers of a holding of land, for prevention of fragmentation of such a holding, and also for the convenience of the tenants holding land contiguous to the land transferred. But it is also a clog on transfer of prope..Category: Property Law | Date: | Hits: 72
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ......that the respondent in his capacity as Head Tahsilder of Moukaran Tahsil Office under the Government Acquired Estate, Patuakhali had collected Tk. 15,508.52 Paisa as rent taxes, etc. from different tenants by granting 411 rent receipts during the period from 1.10.61 to 9.9.62 but did not deposit..Category: Criminal Law | Date: | Hits: 41
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......ued as lessees under the Government those decisions will be of no avail to them. The Indian Supreme Court case has no relevance in the facts of the present case where it has been held that a sub-tenant, though not a necessary party in the suit between the landlord and tenant, is a proper party ..Category: Procedural Law | Date: | Hits: 111
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......80. The wife filed a suit for dissolution of marriage on 30th September, 1980. The couple lived in the house from January, 1973 till July, 1980. The husband realised Tk. 8000.00 per month from the tenants. The wife executed a power of attorney on 25th April, 1978 in favour of her husband, but th..Category: Property Law | Date: | Hits: 80
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......of the Bengal Tenancy Act. This application was opposed by the transferee (the present appellant) alleging that the application was not maintainable as the petitioner was not a co-sharer tenant. The transferee claimed to have effected improvement of the land in question 3. The a..Category: Property Law | Date: | Hits: 60
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......the suit premises by a registered deed of gift on 9.4.70, in favour of the plaintiffs. Proforma‑defendant 3 after acquisition of title asked the defendants I and 2, who were residing there as tenants, to vacate the premises as he needed the house for building and rebuilding, and also asked ..Category: Civil Law | Date: | Hits: 134
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......he decree obtained by the respondent was illegal and without jurisdiction since there is no written contract of monthly tenancy. Further, he asserted that there was no relationship of landlord and tenant between him and the respondent and that he was in possession of the property in his own righ..Category: Property Law | Date: | Hits: 70
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ......nd, as such, the sale is a nullity and the minors were not represented in the said execution case and there is gross under-valuation and the sale was effected at the instance of one Suren Datta, a tenant of the building in question in collusion with the defendant‑bank. The defendant denied..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......appeals, plaintiffs filed the suit for eviction of the defendants from the suit premises on the ground of default and sub-letting in violation of the agreement of tenancy. The defendants were monthly tenants by sufferance at a rental of Taka 200.00 per month under the original lessor Abdus Sobhan, t..Category: Tenancy Law | Date: | Hits: 81
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
.... of an immovable property is determined by various ways and grounds and in that section "death" was not mentioned as a ground for determination of lease. The reported decision is a case relating to a contractual tenant and not with regard to a tenant who is a statutory tenant being a person in posse......Judgment April 4, 1994. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18 (1) (c) The Transfer of Property Act, 1882 (IV of 1882), section 105 & 106 Whether a tenant can be evicted on the expiry of the period of lease without a notice under section 106 of the..Category: Tenancy Law | Date: | Hits: 87
Kalu Mondal Vs. Begum Fazilatun Nessa, 1994, 23 CLC (AD)
....d with costs. The judgments of the High Court are set aside and those of the trial Court are restored. Ed. This case is also reported in: 46 DLR (AD) (1994) 53 ...... was in arrear in payment of rent from February, 1971 to April 1972, and appellant Naushad Ali was in arrear in payment of rent from April 1971 to August 1972. Both the suits were contested by the tenants by filing separate written statement denying the plaint case of default in payment of rent...Category: Property Law | Date: | Hits: 79
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......of substantial character to warrant a legal interference and the petitioner totally failed to answer as to how his right to life would be infringed; the petitioner, a mere busy-body, being merely a tenant in a rented premises at 35/36 Bangabandhu Avenue, is temporally residing therein and, as su..Category: Environmental Law | Date: | Hits: 293
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......ed Property (Management, Control and Disposal) Order, 1972 (P.O. No. 16 of 1972), Article 10 Tenancy right of the petitioner after death of his father continued as before as he was accepted as tenant by the abandoned property authority by receiving rent from him. If the authority concerned va..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......pondents Judgment March 1, 2003. The Code of Civil Procedure, 1908 (V of 1908), Order I rule 10 The High Court Division found the petitioner as an unauthorised occupant under a monthly tenant. He has obviously no right and title in the suit property. Consequently, he is not a necessar..Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......cation for pre-emption under section 96 of the Act bad on ground of defect of parties unless the pre-emptee-opposite parties have raised the question of non-joinder of some co-sharer or contiguous tenant at the earliest opportunity before the trial Court. In that case, PW 1, in his cross-examina..Category: Property Law | Date: | Hits: 64
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......where-under Miscellaneous case was filed, is relevant. The said provision reads as: "96(1): If a portion or share of a holding of a raiyat is transferred, one or more co-sharer tenants of the holding may, within four months of the service of the notice given under section 89..Category: Property Law | Date: | Hits: 55
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......ema hall has been completed before the institution of the suit; that there is also another cinema hall "Santimahal" by name at Sararchar Bazar which is being run by one Muzammel Hoq as a tenant of one Advocate Osman Gani who in collusion with the plaintiff filed the suit only to harass..Category: Property Law | Date: | Hits: 69
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
....ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ......aintiff‑landlord obtained an ex parte decree on 14.7.84 in SCC Suit No. 13 of 1983 of the Court of Small Causes and First Assistant Judge, Dhaka for eviction of the predecessor of the appellants as tenant. The decree was executed on 22.9.84 by evicting the tenant who filed an application under Ord..Category: Tenancy Law | Date: | Hits: 90
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ......It was their case that in respect of the suit premises, to with, a tin-shed measuring 4' X 7' and adjoining bhiti containing 15 bunds of tin, situated within Barisal Pourashava the appellant was a tenant at the rate of Tk. 40'00 per Bangla month. He paid rent irregularly upto Chaitra 1382 BS and..Category: Property Law | Date: | Hits: 67
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