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Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....hire) vs. National Iranian Oil Co. reported in 35 ILR 136 (1953) where Judge Calvin held: "It is a fundamental principle of law, which is constantly being proclaimed by International Courts, that contractual undertakings must be respected. The rule "pacta sunt servanda' (contracts are to be obse...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......XVIII of 1951); Section 85 Code of Civil Procedure (V of 1908); Section 11 After registration of the lease deed the legal status materially changed from a mere lessee to a full fledged tenant with all the rights and incidents of a tenant as provided in the State Acquisition and Tenanc..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......far dead there. Mahbubuddin came from outside and found door of the house closed and with one duplicate key opened the door and found Nilufar dead. Mahbubuddin his friend Doctor Shahadat Hossain. Lieutenant Colonel (Retd.) Zahidur Rahman and some other persons had been there. Mahbubuddin made disclo..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......same as a showroom. He next submits that section 18(1) of the Premises Rent Control Act clearly provides that no order of ejectment ordinarily can be made if rent is paid at allowable rate and if the tenant performs the conditions of the tenancy, provided that nothing in this sub-section (1) of sect..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Bangladesh rep. by the Ministry of Works & ors Vs. Nasima Khatoon and others, 2005, 34 CLC (AD)
....rder of the High Court Division and, in view of the discussion made above, we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. ......oner's mother Most. Badrunnessa and subsequently transferred the premises in question to her by a registered deed dated 14‑11‑1963. Their mother was possessing the property through a tenant named Sheikh Abul Hossain under a tenancy agreement dated 28‑11‑1963. On 5‑..Category: Property Law | Date: 4 May, 2005 | Hits: 115
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ...... 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tenant passed in a small cause suit furnishing security for the performance of the decree or complia..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......d order of the High Court Division and any notification dated 24.05.1993 the Ministry of works excluded the case properties from the 'Ka' list of abandoned buildings. 5. One Abdus Sattar who is a tenant of the disputed properties, later on an allottee filed Review Petition Nos. 4 and 5 of 1993 a..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
M/s. Shanker Kumar Das Vs. Government of Bangladesh and 6 others, 2005, 34 CLC (HCD)
....of the sub-projects barren. This appears to be illegal apparently on the face of it. It is admitted that the construction of the project was duly completed by the Petitioner and he is entitled to the contractual amount as stated by the respondent Nos.6, 7 and 3, as such, in the garb of the resolutio......e date of receipt of the copy of this judgment. 17. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 185. ..Category: Civil Law | Date: 23 Feb, 2005 | Hits: 31
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
.... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ......jahan Miah and another…..Respondents Judgment February 1, 2005 The Premises Rent Control Act, 1991 (III of 1991), Section 10 & 18 Whether payment of salami makes a monthly tenant non-ejectable? The widespread and longstanding practice of voluntary payment of salami in..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....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: 57 DLR (AD) (2005) 55. ......), Dhaka passed in Title Suit No. 356 of 1985 dismissing the same. The suit was filed seeking decree for permanent injunction. 2. Plaintiffs filed the suit stating, inter alia, that CS recorded tenant Nawab Ali was the owner of the land described, in the schedule attached to the plaint, that ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ...... that the transfer was collusively made beyond the knowledge of the plaintiffs. In the plaint it was further, stated that, Khurshed Ali Master, father of the 1st and 2nd plaintiffs was the monthly tenant under the defendant No. 1 in respect of two suit shop rooms of the eastern part of the tin s..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......his interest devolved upon his, son and daughters and the interest of Hossain Sarder devolved upon his three sons and three daughters. The plaintiffs have possessed the suit land as heirs of recorded tenants for over 12 years adversely against the defendants and against all others claiming title and..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ......ion No. 2247 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted S.S.C. Suit No. 5 of 1992 in the Court of Senior Assistant Judge, Khulna Sadar for ejectment of tenant and compensation stating, inter alia, that the plaintiffs were owners of the suit premises by..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
.... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ......ernment has not denied this factual position. It is therefore an established position that the government, was not in possession of the said house property directly or constructively through its tenant or allotee since 9‑11‑1980. In this background of the case, the Court of Settlement has f..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23.......r has therefore to be taken at the earliest opportunity, that is, in the pleading, and evidence must be given at the trial to establish waiver. The plea of waiver must be taken in his pleading by the tenant and at the trial where it should be raised as an issue. In the instant case, as already notic..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ......‑interest of defendant Nos.1 to 11. After his death, said defendant Nos.1 to 11 possessed the suit land. There was a big four‑roof tin hut with many rooms therein, which were let out to different tenants. Three shops and adjacent vacant land comprising of 3.5 decimals remained abandoned for many..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ...... present suit namely, Nurul Haque, was also a defendant in that Title Suit instituted by Upendra Nath Barman. The defendant No.1 Nurul Haque was at the time residing in the suit land as a rental tenant of this plaintiff. The plaintiff then preferred an appeal against that decree passed in favou..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......ession with respect to a portion described in schedule‑C to the plaint and allowed the remaining portion of schedule‑A property to be in possession of the said Agricultural Officer as a tenant under him and in this way the plaintiff became absolute owner of schedule‑A property b..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515....... no legal partition i.e. partitionby metes and bounds by the decree of the Court or by a registered instrument of partition and consequent thereupon there was no separation of title of the recorded tenants of khatian No. 450 and as by amicable partition title is notseparated but only possession is..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43