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Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)

....lly accepted resulting in separation of the jama and payment of rents separately by the two co-sharers, no evidence has been led in this case. So far as the Pre-emptors are concerned, they are not expected to adduce any evid­ence in this matter as this will certainly go against them. As to w......ion before the Revenue-officer for separation of their jama whereupon a Separation Case, bearing No.605/69-70, was started which ended in an order separating the jama whereupon the two parties paid rents separately. If this is a fact, then, certainly the Pre-emptors ceased to be co-sharers and a..

Category: Property Law | Date: | Hits: 35

Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)

....d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ...... The Bengal Tenancy Act, 1885 (VIII of 1885), Section 22 (1) (2) In a case of merger, the landlord holds only the superior interest and can possess the land as a tenant but he has to pay rent for the land in his khas possession for use and occupation of the same. As provided i..

Category: Property Law | Date: | Hits: 55

Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)

....e set aside and that of the Dis­trict Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......ice of the Mutwalli on the ground of her utter negligence in managing and looking after the affairs of the Waqf Estate since she was residing all along with her husband, a Government Officer, in different places of the then Pakistan including Karachi. In due course she received a notice of the alleg..

Category: Procedural Law | Date: | Hits: 112

Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)

....rder of the High Court Division is set aside and those of the appellate court below restored. Ed.      This Case is also Reported in: 37 DLR (AD) (1985) 177. ......hellip;(11) The interest of a third party has been affected by fraudulent registration with an entry of fictitious non-existent property for the purpose of conferring jurisdiction in a different Sub-registration Office, and on the strength of such kabala the suit for specific performance ..

Category: Property Law | Date: | Hits: 36

Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)

....rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ...... Suit No.4 of 1981 in the Court of Subordinate Judge, Dinajpur, seeking ejectment of the appellant, a monthly tenant in respect of the premises in question, on the ground of default in the payment of rent. The suit was fixed for pre-emptory hearing, after two adjourn­ments, on 27 May 1982, but as t..

Category: Tenancy Law | Date: | Hits: 159

Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)

....l-founded both in law and fact leaving no scope for interference. The appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......985. The Bengal Tenancy Act, 1885 (Act No. VIII of 1885), section 87 The landlord is entitled to treat the land in possession of the tenant as abandoned when the tenant failed to pay rent thereof. By serving a notice under section 87 of the Bengal Tenancy Act, 1885 the landlord can..

Category: Property Law | Date: | Hits: 32

Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)

.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judg­ment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... in the "aforesaid-appeals were fully examined, discussed and considered in the judgment concerned, and in doing so no materials have been over-looked by the court leading to any mistake or error apparent on the face of the record’s as to justify the review of the judgment. His further submission ..

Category: Constitutional Law | Date: | Hits: 149

Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ......rt-sale should not have been affected by a subsequent enactment. But in view of express language of the amending statute the Court   cannot   give   a   different interpretation on   the ground   of equity   and justice. By maj..

Category: Others | Date: | Hits: 86

Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)

.... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ......after investigation submitted charge sheet against the petitioner. The petitioner was a lessee under the Government and he also was in possession in the disputed property, The petitioner was paying rent to the Government and subsequently he has pur­chased the property from an illegal owner an..

Category: Criminal Law | Date: | Hits: 64

Md. Abdus Samad and oth­ers Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)

....ub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......f claimed partition and that was refused on 06.04.1995 on that date the defendants disclosed that they had got a compromise decree in Other Suit No.55 of 1966. Thereafter the plaintiffs went to pay rent to the Tahsil office and came to know that only 18 decimals of land of Plot No. 1936 was reco..

Category: Property Law | Date: | Hits: 28

A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)

....ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ...... approved by the respondent No.1 in the year 1982. 3. All the petitioners possessed the shops peacefully as allotted in their name since erection of the building by paying salami and proper rent. Although the plan was passed in the year 1982 by the then Dhaka Improvement Trust for a marke..

Category: Property Law | Date: | Hits: 38

Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)

.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismiss­ing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......ties he was legally removed from service.  The Lower appellate Court, however, reversed the decree of the trial Court and decreed the suit holding that for unauthorized occupation the standard rent could be charged against him under the Accommodation Rules of the University. His removal from..

Category: Employment/Service Law | Date: | Hits: 69

Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)

....view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......dant No. 7) as the sole heir and while he was in exclusive possession of the property so inherited, he sold. 81 acre of land out of 1.15 acres of land of C.S. Plot No. 685 to the plaintiffs by 7 different kabalas in 1969 and delivered possession of the same to them and they got their names mutated i..

Category: Property Law | Date: | Hits: 45

Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)

.... impugned judgment and order of the High Court Division are set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 274.......out his share to his son defendant No. 1 Nogendra Nath was survived by his 2 sons Hardipada Dhupi and Habu Dhupi, who on 15 Chaitra, 1355 B.S. made settlement of their 1/3 share to the plaintiff at a rental of Rs. 1/- by granting dakila by Haripada as the Karta of the Hindu joint family and inducted..

Category: Tenancy Law | Date: | Hits: 163

Md. Awlad Hossain and another Vs. Joynab Bibi and anoth­er, 2004, 33 CLC (AD)

..... 2 using the words “Text in Bangla” Which might have prompted the appellant No. 1 inadvertently to keep the same words while forwarding the Memo dated 21.4.97 to the executing Court though it is expected that the appellant No. 1, should not have used the words “Text in Bangla” while forward...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...

Category: Criminal Law | Date: | Hits: 51

Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)

....order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ...... directed against an order of remand dated 28 August 1994 made by a single Bench of the High Court Division in Civil Revision No. 8110 of 1991 making the Rule absolute after setting aside the concurrent judgment and decree of the Courts below in Other Class Suit No. 115 of 1984 instituted in the ..

Category: Procedural Law | Date: | Hits: 63

Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)

....b blast but no sprinters of bomb were found at the place of occurrence and hence could not be seized by the investigating officer and further bomb blast would make huge noise and the neighbours are expected to come to the place of occurrence but no neighbour has been examined in the case. He fur...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ..

Category: Criminal Law | Date: | Hits: 45

Sheikh Abdur Rashid Vs. Alhaj Akram Hossain and others, 2003, 32 CLC (AD)

.... appeal is allowed with cost. The judgment and decree of the High Court Division is set aside and the suit is dis­missed. Ed. This Case is also Reported in: II ADC (2005) 139. ......Court of Bangladesh, and a learned Single Judge of the High Court Division, by the judgment and order dated 11.8.1997 made the Rule absolute and decreed the suit after setting aside the concur­rent finding of facts arrived at the courts below. The defendant being aggrieved by the said judgme..

Category: Property Law | Date: | Hits: 37

Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)

....osts. The impugned judgment and order of the High Court Division are set aside and the judg­ment and decree of the trial court are restored. Ed. This Case is also Reported in: II ADC (2005) 136.......occupation of the plaintiff. He also denied the receipt of notice under section 106 of the transfer of Property Act. His further case is that the plaintiff with a bad motive had refused to accept the rent for the month of Baishak, 1389 B.S. and since thereafter he started depositing rent in the cour..

Category: Tenancy Law | Date: | Hits: 154

Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)

....e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ...... 1997 in the Court of Assistant Judge, 2nd Court, Dhaka for eviction of the respondent from the suit shop stating that it was initially let out on 19.5.1981 to the respondent as a monthly tenant at a rental of Tk. 400/- and the lease was, however, renewed by a fresh agreement dated 13.4.1988 fixing ..

Category: Tenancy Law | Date: | Hits: 172