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Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
.... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ......t service of notice and that requirement for expansion of business was a malafide one. 8. The SCC Judge and Assistant Judge admittedly found that a relationship of landlord and tenant was established between the appellant and the respondent and on the basis of evidence of th..Category: Property Law | Date: | Hits: 69
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......lows: “That according to the advice of the learn Counsel, the defendant Islamic Foundation Authority took proper steps through Bangladesh Embassy, in Pakistan to know definite regarding the said tenant Md. Ismail Hossain The Bangladesh Embassy collected some pa wherein it is mentioned that Md. ..Category: Property Law | Date: | Hits: 107
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....nd the jurisdiction of the Departmental Board of Promotion and Appointment. Accordingly, with the approval of the Acting President the appointment was cancelled. The appellant continued in the same contractual position without any fresh joining report and he was allowed to continue till 31 Decemb......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ......other Syeda Begum divorced their father and remarried one Nazrul Islam Jahangir who is at the moment Superintendent of Customs. In 1976 respondent No. 4 Md. Abdus Salam Tarafder, was inducted as a tenant in the ground floor of the premises in dispute. On 22.2.76 respondent No. 4 entered into a c..Category: Property Law | Date: | Hits: 62
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......gistered kabalas dated 7 April 1979. 5. The Small Cause Court Judge, on consideration of the facts and circumstances of the case and the material evidence on record, found that the defendant was a tenant under the plaintiff having been inducted into the premises on 15 May 1972. In coming to this ..Category: Tenancy Law | Date: | Hits: 87
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......aid judgment. 2. Plaintiff-appellant instituted the aforesaid suit on the averments, inter alia, that the suit premises originally belonged to one Mohsin Ali Pramanik and the defendant was a tenant under him in the said premises carrying on the business of utensils under the name ‘La..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......vision in Civil Revision No.668 of 1989, affirming the judgment and decree dated 25.6.89 passed by the SCC Judge and 3rd Subordinate Judge Dhaka in SCC Suit No.31 of 1984 for eviction of a monthly tenant. 2. The suit was filed by the respondents and their father Mirza Murshal Hossain agai..Category: Property Law | Date: | Hits: 56
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
....premises’ as defined by section 2(8) of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. The contention was rejected relying on the first case. The tenants agreed to pay the contractual rents including charges for furniture and services. It was held that the word “rent”......and order dated 22nd June, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 7404 of 1991). Judgment ATM Afzal CJ.- In this appeal by leave, at the instance of the defendant-tenant, the only question for consideration is, whether WASA charge payable by the tenant along with..Category: Tenancy Law | Date: | Hits: 82
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......ling of the suit and if he fails to do so he cannot get decree for declaration of title and recovery of possession from a person whose status upon the evidence is found not to be that of either a tenant or a licensee or a person in possession under the title of the true owner." ..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ...... over after the expiry of the period of the original lease, he let out the premises to the defendant No.l Parul Bala who paid rent to him. Parul Bala however inducted the defendant No.2 as her sub-tenant in the premises without his consent. After obtaining permission from the House Rent Controll..Category: Property Law | Date: | Hits: 71
Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)
....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......as allowed. These two co-applicants are the present petitioners 2, 3 respectively. 3. The pre-emptor Bijan Bala Chowdhurani's case was that the land under pre-emption originally belonged to tenant and the same was held under the landlord Sukesh Chandra Dev Roy. Thereafter Sachindra Nath B..Category: Property Law | Date: | Hits: 47
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......ot the northern 2 rooms of the said tin shed in two-third share and the defendant No. 4 got the southern room in his one-third share and thus they began to possess the said rooms through different tenants. The defendant No.l, a practising Mukhtear was engaged by the pro-defendant No. 3 as a priv..Category: Property Law | Date: | Hits: 69
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......mprising the suit lands were not cultivable; and one Abdul Kader, after taking settlement from the Government, leased out the said land to their predecessor Nuruddin and to the predecessor of their tenants and they made the lands fit for cultivation and began to live on some land by constructing..Category: Property Law | Date: | Hits: 67
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......udge dismissed the appeal and affirmed the judgment and decree of the trial Court. 2. The facts giving rise to this appeal are as follows: The plaintiffs filed a suit for declaration that they are tenants in respect of the suit property under the defendant No. 1 the Province of East Pakistan in w..Category: Civil Law | Date: | Hits: 137
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relationship of landlord and tenant……………………(10) Lawyers Involved: Mansur Habib, Advocate, instructed by Sh..Category: Tenancy Law | Date: | Hits: 62
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......eement dated 29-12-70 with Joynab Bibi to purchase the said land under holding No2. The plaintiff got a decree for specific performance of contract in Title Suit No.135 of 1975. He then inducted a tenant named Taizuddin in holding No.2 but the said tenant got the suit property declared as abando..Category: Property Law | Date: | Hits: 69
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
.... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ......4. Respondent Nos. 2-5 opposed the Rule Nisi issued by the High Court Division by filing an affidavit-in-opposition contending, inter alia, that the petitioner is a mere licensee and not a monthly tenant in respect of the disputed stalls and, as such, the impugned orders have been issued lawfull..Category: Constitutional Law | Date: | Hits: 158
Billal Vs. State, 2000, 29 CLC (AD)
....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......ay the victim along with PW 4 to Dhaka Medical College Hospital where the doctor declared the victim dead. Thereafter PW 4 to his residence and met PW 1 Roushan Ara, PW 3 Md Rabiul Alam and other tenants and came to know about the above facts of Saiful Islam, Billal and Dulal calling and taking..Category: Criminal Law | Date: | Hits: 58
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ......rder dated July 2, 1996 passed by the High Court Division, Dhaka in Civil Revision No. 2342 of 1992). Judgment: ATM Afzal CJ: This petitioner by the defendant-petitioner, a monthly tenant in the suit premises, arises Out of a suit for his eviction, Title Suit No. 146 of 1990 of th..Category: Tenancy Law | Date: | Hits: 70
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......The suit was filed on the averments, inter alia that the suit property was recorded in the name of plaintiff’s father Abdul Aziz as the forcible possessor since 1956. One Md. Ibrahim was the tenant under Abdul Majid, grand-father of the plaintiff and after his death plaintiff’s fathe..Category: Property Law | Date: | Hits: 61