Search Options
Judgment Advanced Search
Displaying 821-840 of 876 results.
....t in the country in the drum manufacturing sector and nature of the machinery and their installations are such that their removal and shifting are likely to result in their being damaged. Moreover, a contractual obligation as per agreement for sale on the part of the Government is there and the appr......milar to the Ordinance. It has been held that if there is a bona fide dispute regarding title to the lands in question the Act will not be applicable. In the first case, the petitioners claimed to be tenants by virtue of settlement from the Zamindars while the Government denied such tenancy. In Supr..
Category: Property Law | Date: | Hits: 68
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ...... 6 kanis of land of Schedule 1 to the plaint belonged to Abdul Hakim and others in raiyati interest under landlord Badruddoza Chowdhury who obtained a rent decree in RS No. 780 of 1934 against the tenants and in execution thereof in Execution Case No. 721 of 1935 auction purchased the holding fo..Category: Property Law | Date: | Hits: 52
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ......itle by adverse possession of the defendants in the undivided ‑/4/annas share (belonging to Gobinda Jieu) was not for themselves but for their own landlords on the doctrine of "the tenant stealing for the landlord" and as such the co‑sharer deity was in constructive po..Category: Property Law | Date: | Hits: 62
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ...... Government and its officers) against a decree dated 22.3.88 declaring the plaintiff‑petitioners' title to a big pond in the city of Dhaka. Plaintiffs claim the pond as the heirs of the CS recorded tenant while the Government claim it as khas land. However, the petition for condonation of delay in..Category: Limitation Law | Date: | Hits: 185
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
.... continuing in possession and paying rent to the landlord, who accepts it, becomes a statutory tenant. In the instant case, we are not dealing with any statutory tenant. The tenancy in this case is a contractual tenancy. Right in such a tenancy is ordinarily heritable, though this right is limited "......y Act,1882(Act IV of 1882), Sections 53A,105,106 ,111 & 116 The Premises Rent Control Ordinance,1963 (XX of 1963),Sections 2 & 18 Heritability of a monthly tenancy. The definition of tenant also includes a person continuing in possession after the termination of the tenancy. Right i..Category: Tenancy Law | Date: | Hits: 97
Bangladesh Vs. Shamsuzzoha Nurul Amin Chowdhury and others, 1976, 5 CLC (AD)
....uired for the disposal of the suit over and above the evidence already on record. The appeal is allowed with the modification set out above but without any order as to costs. Ed. ......cquisition of all rent-receiving interests. The section covers the holders of all categories of land, not only the rent-receiver but cultivating rival, cultivating under raiyat and non-agricultural tenant. The section also defines the quality and quantity of the land each of them can hold. Sub-se..Category: Others | Date: | Hits: 142
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
....g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ......lding or the portion or share thereof accruing to the transferee shall be deemed to have vested, free from all encumbrances which may have been created after the date of transfer, in the co-sharer tenant, or the contiguous owner, as the case may be, whose application to purchase has been allowed..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ......e plaintiff by means of a registered deed of sale dated 25-3-61. The defendant having been found to be in possession of the said property at the time when Md. Asim acquired it was taken to be monthly tenant of the said premises and both Md. Asim and the plaintiff served notice upon him on 3-6-61 aft..Category: Tenancy Law | Date: | Hits: 68
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ......at different co-sharers have made over possession of some of the joint properties to defendant Nos. 6 and 7 with a view to transfer the said properties; that defendants No. 9-27 and 34 are Bharatia tenants, that Defendant No. 28, the Deputy Commissioner, Dinajpur is also a Bharatia tenant in r..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....vernment for the satisfaction of the debts which may arise under the contract and be owed to it, the judgment-debtor ca exercise any disposing power, for the said money, for his own benefit of his contractual obligation. In that the money may be attached he must dominion over the money and right......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......epresenting cost of mosaic flooring was allowable either u/s. 10(2)(v) or u/s 10(2)(xvi) despite clear provisions u/s 10(2)(ii) for deductions on account of repairs where the assessee is the tenant only of the premises and has undertaken to bear the cost of such repairs. If the answer to ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ......he incident of a money-decree. 12. A certificate sale held in default of payment of rent, and on the compliance with the requirement of the principles of representation of the landlord and the tenant, the tenure or holding passes with the certificate sale. It has the effect of a rent decree. ..Category: Property Law | Date: | Hits: 82
Haji Abdul Motalib Sowdagar Vs. Faiz Ahmed Chowdhury and others, 1977, 6 CLC (AD)
....in the said paragraph, a tenant who retains possession of the premises by virtue of the Rent Restrictions Act is known as a statutory tenant and his position is to be distinguished from that of a contractual tenant. Such a tenant is entitled to retain possession of the premises even after their ......f a decree-holder begins with the passing of the decree in his favour. 2. Respondents secured a decree on 19-4-67 in a suit for ejectment from the premises suit against the petitioner as a monthly tenant in respect of the said premises and the decree was affirmed by the appellate court on 24.2.61..Category: Tenancy Law | Date: | Hits: 89
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....nbsp; ......e injunctions contained in other Texts require the widow to enjoy with moderation and lead a life of austerity, and in that sense, she has not even a life interest. On the other hand, she is not a tenant for life, but the property is vested in her and she is the owner of the property, subject to..Category: Property Law | Date: | Hits: 59
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ......intiff in absolute proprietary possession after dispossessing the defendants from certain sheds and passages situated in bazar Patelganj. The defendant in the suit pleaded the status of a tenant and protection as a tenant under the U. P. (Temporary) Control of Rent and Eviction Act (U.P..Category: Criminal Law | Date: | Hits: 113
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....is not maintainable in law. It conceives a private individual serving another private individual or body for mutual private benefits and the relationship does not involve any element other than the contractual one. In such a case, the employee is interested only in his remuneration, which can be m......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......, and 1. Civil Appeal No.11 of 1976 Judgment: Ahsanuddin Chowdhury J: This appeal by Special Leave is at the instance of the plaintiff and it arises out of a suit for ejectment of a monthly tenant. 2. The appellant filed a suit being Title Suit No. 157 of 1965 in the 6th Court of Munsif..Category: Tenancy Law | Date: | Hits: 76
Ziauddin Ahmed and others Vs. Arab Bangladesh Bank and others, 2001, 30 CLC (AD)
....edly there was a direction in the account opening form that any of them may operate the accounts in the Bank or survivor. Strictly speaking, the relationship between the Bank and the customer is a contractual relationship of the debtor and creditor, wherein the money is kept in deposit in the Ba......nction in the present case. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 107. ..Category: Civil Law | Date: | Hits: 112
Syed Abdur Rahim Vs. Secretary, Ministry of Works, Government of Bangladesh & ors, 2001, 30 CLC (AD)
....llegality in the judgment and orders passed by the High Court Division. The petitions are therefore dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 106. ......leasing out the same to others. Item 23(IV) of the lease deed says that the lessor shall always have the right and be entitled, without obtaining any consent from or paying any compensation to the tenant to deal as it may think fit with any of the lands adjoining or opposite or near to the demis..Category: Constitutional Law | Date: | Hits: 138
Shahanara Khatun and other Vs. Abu Taleb Pramanik and others, 2001, 30 CLC (AD)
....ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ......of 2000). Judgment Latifur Rahinan CJ.- This petition by the defendant tenant-petitioners is against the judgment and order dated 11-5-2000 passed by a learned Single Jud..Category: Property Law | Date: | Hits: 51
10151009996979974973955954950946941938919918912909905898896888