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Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)

....endant’s appeal by leave and directed against judgment and order dated 6 February, 1986 passed by a Single Judge of the High Court Division, Chittagong Bench, in revision upholding the concurrent decision of the Courts below decreeing the suit being OS No. 85 of 1975 of the 5th Court of As..

Category: Civil Law | Date: | Hits: 99

Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)

.... filed under section 115(1) of the Code of Civil Procedure. 2. Facts of the case, briefly, are that landlords-respondents No. 3-10 instituted Rent Suits No.15 and 16 of 1958 for recovery of arrear rent of 1362 B. S. against Rashid a Khatun (deceased), mother of the ap­pellant relating to two sep..

Category: Property Law | Date: | Hits: 24

Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)

.....T.M. Afzal J. - This appeal by special leave is at the instance of the defendant and arises out suit for eviction of the said defendant from the remises as a monthly tenant and realisation of arrear rent. The suit was decreed by the trial court but the decree was reversed in appeal. A learned Singl..

Category: Tenancy Law | Date: | Hits: 106

Haruni Fisherman Co­operative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)

.... H/O Land Admn. & Land Reforms Memo. No. VII-Habi-13/85/348 Dated 13.3.85" 3. On the basis of this letter appellant which continued its possession of the fishery deposited Tk.30,000/- as rent for 1392 B.S. on 22nd Septem­ber 1985. Further, it spent a sum of Tk. 1,00,000/-for preservati..

Category: Property Law | Date: | Hits: 34

Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)

....ed any right or tenancy in favour of the Licensee and Licensor reserves and retains all his rights of: (i) conducting/performing all his activities including collection of Tolls, L.S.Cs, Space rent, Berthing and Mooring charges etc. within the licenced premises by himself or through his O..

Category: Others | Date: | Hits: 103

Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)

....to plaintiffs are: The disputed land appertaining to R.S khatian No.517 of mouza Shiraj Kathi originally belonged to the predecessors of some of the plaintiffs, and pro-forma defendant Nos. 4-19. The rent roll was not correctly prepared. Defendant Nos. 1 and 2 in collu­sion with Tahsilder managed t..

Category: Property Law | Date: | Hits: 35

Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)

....hat the Nazir of the Upazila Nirbahi Officer delivered possession of the said five fisheries to respondent No. 5 which had been in pos­session and enjoyment of the Fisheries on payment of stipulated rent and that the appellant was not in possession of the same. Further, it was prayed that the order..

Category: Property Law | Date: | Hits: 45

The Province of East Paki­stan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)

.... the suit filed by the plaintiff- respondents has abated. 6. Mr.M.H. Khondkar, Counsel for the plain­tiff-respondents, submitted that the plaintiffs pur­chased some lands of plot No.58 from different per­sons who took pattan from Deldoar Estate and the rest of the land of the said plot was tak..

Category: Property Law | Date: | Hits: 63

Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)

....ut did not file written statement on the date fixed for the purpose and nobody was present nor any steps taken when the suit was taken up for hearing. The plaintiff in that case was examined and some rent receipts were also admitted in evidence and on these materials the plaintiff’s claim of tenan..

Category: Procedural Law | Date: | Hits: 89

Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)

....tish Rule extending upto the enactment of the State Acquisition and Tenancy Act ceased to exist. In section 22 of the Act express provisions are made subjecting all lands to assessment and payment of rent. Only because there is no term in the agreement for payment of rent the claim of exemption from..

Category: Property Law | Date: | Hits: 47

Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)

.....H. Khondker, learned counsel for the appellants, argued that there being no evidence as to the existence of Samad Ali's tenancy beyond the lim­ited period as mentioned in the khatian Ext. 3 and the rent receipts Ext. 2 series belatedly produced by the plaintiffs having been found to be spurious by..

Category: Property Law | Date: | Hits: 43

Government of Bangla­desh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)

....nt residence is bound to be Dhaka, Bangladesh. Again, if his ordinary residence is taken as U.K. then again it is in Bangladesh which is to be taken as permanent residence because he owns a house and rent a flat and his mother lives here and his father is buried here. It is not by naked assertion bu..

Category: Immigration and Citizenship Law | Date: | Hits: 214

Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)

.... of five persons Babu Khan had 8 annas share; Miajan Khan and Alimuddin Khan had 3 annas and odd each; and Baru Bibi and Chutu Bibi had 1 anna and odd each. The holding was put to sale for arrears of rent in 1938. It was purchased by eight persons-three sons of Babu Khan, four sons of Miajan Khan an..

Category: Property Law | Date: | Hits: 36

M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)

....y 18, 1984. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(5) No implied contract either can be said to have been created simply by the fact of payment and acceptance of rents for several months at a time. Such irregular payment did not also constitute a waiver of the r..

Category: Tenancy Law | Date: | Hits: 112

M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)

....…..Respondent Judgment February 12, 1986. The Premises Rent Control Ordinance 1963 [XX of 1963], Section 18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to wai..

Category: Tenancy Law | Date: | Hits: 109

Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)

....ten statement. Her case was that she purchased the bharatia right of suit room from defendent No.1 who is respondent No. 2 herein with the knowledge and consent of the plaintiff who on accepting some rents from her recognised her as tenant in the suit room. Further she did not get any notice and als..

Category: Tenancy Law | Date: | Hits: 95

Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)

....iven possession of the suit property though he trespassed in the suit property in August, 19-70. The suit property became enemy property and the Custodian had leased out to several persons on monthly rent and they were in possession. 4. In the meantime on 12.7.72 one Sova Rani filed application s..

Category: Property Law | Date: | Hits: 47

Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)

....sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this case signifies the right of getting rent on or before 15th of the following month has been waived by consent and conduct of the parties...

Category: Property Law | Date: | Hits: 52

Moulana Mokhtar Ahmed Vs. Mohammadul Huq Usmani & others, 1987, 16 CLC (AD)

....ter recoun­ting of the ballot papers. " 11. Mr. Khan, however, raised objection as to the procedure adopted by the Tribunal in recounting the votes intermittently by diffe­rent presiding officers of the Tribunal for more than a year and to the use of the consolidated res..

Category: Election Law | Date: | Hits: 110

Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)

.... of the suit land and other lands in favour of the plaintiff on 11.12.56. Since ex­change and execution of kabala deed in his favour the plaintiff has been possessing the suit land through different borgaders. De­fendant No.1 appellant took borga settle­ment from the plaintiff and pos..

Category: Property Law | Date: | Hits: 44