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Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....the opposite parties. In that case it was further held that the Arbitrator does not exercise a judicial function in course of inquiry or investigation into the amount of compensation although he is expected to act within judicial norms. It was further held that in view of the deeming provision i......quo;The fact remains that the landlord not only suppressed the facts, but also misled the arbitrator in thinking that only the ground floor had been let out in 1938 at a rental of Rs.100 per month. The fraud was a new and important matter which was not within the know..Category: Property Law | Date: | Hits: 27
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......tian No. 367 SA Plot No.3173 and 0.04 acre in CS Khatian No. 367 Plot No. 2513 corresponding to SA Plot No. 3134 and compensation roll was prepared on 1-9-1962 but the courts below found a rent receipt dated 1-12-1960 which is prior to the compensation assessment roll. The finding that ..Category: Property Law | Date: | Hits: 27
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......s Suit No. 60 of 1993) for declaration of title and recovery of khas possession in the suit property stating, inter alia, that the suit properties were granted permanent lease in 1327 BS at annual rent of Taka 66/4/0 by ex-landlords Sree Provash Chandra Basak and others in favour of Nayebuddin S..Category: Property Law | Date: | Hits: 22
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......nt, the province of East Pakistan, now Bangladesh in respect of government fisheries No. 38-40 and 91-92 Talikhali Akber Kuri etc. lying within Gowainghat Tahsil in the District of Sylhet at annual rental of Taka 8000.00 for three years, that is, from 1361 B.S. ending with Chaitra 1363 B.S...Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ...... addition of party observed as follows: “But in the present case the petitioner is claiming title to the suit house as heir of defendant No.1 and he is in possession of the house and paid rent of the suit land and Municipal Tax of the house. So the petitioner is highly interested pers..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......ourts suit Nos. 12 of 1972 and 11 of 1973 brought by the respondents against the petitioner. 2. Respondents brought the aforesaid two suits against the petitioner for realisation o: arrear house rent of a certain premises on the allegation that the petitioner was a monthly tenant under the Resp..Category: Tenancy Law | Date: | Hits: 163
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......n the Gazette on January 23,1986) of the Department of Shipping (Engineer and Ship Surveyor of Inland Ships) Recruitment Rules, 1980 and the Memo. No. E-1(1)/Part-6/3224 dated 27.3.2001 giving current charge of the post of chief Engineer and Ship Surveyor, Department of S..Category: Employment/Service Law | Date: | Hits: 79
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ....... 6,000/- from Dil Mohammad but before registration he left for India; that Dil Mohammad is enjoying the suit land since 1351 B.S. and S.A. Khatian No. 635 has been recorded in his name and he paid rents accordingly; defendants (appellants herein) predecessor Sudhir Chandra was known to the..Category: Property Law | Date: | Hits: 34
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ...... Shahabuddin Ahmed CJ. - These two appeals by special leave are directed against a common judgment and decree of a learned Single Judge of the High Court Division reversing in revision the concurrent decision of the trial Court and the appellate Court. The principal question involved is, whethe..Category: Property Law | Date: | Hits: 38
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......he premises Rent Control Ordinance 1963 which provides for letting out of premises on monthly basis. 9. The main object of the State Acquisition Act 1950 was to eloiminate all kinds of rent receiving interests and make the Government the sole landlord and create only one class of ten..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....ally is digested in the stomach in about four hours............... Again we cannot overlook the fact that the idea of time with illiterate village folks is often very vague and such folks cannot be expected to give the time with mathematical accuracy. Besides the state of digestion or the conditio......en it is found that the established principles of assessment of evidence have not been followed and it has been accepted as reliable without proper scrutiny and no consideration has been given to inherent absurdities or improbabilities of them, then the appellate Court's finding cannot claim sanctit..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ...... of the said two brothers devolved upon the 3rd brother Rai Charan Howlader, who died leaving daughter Sukhada Sundari. Ganga Charan was the landlord and as the tenant Sukhada Sundari failed to pay rent, the landlord filed Rent Suit No. 1801 of 1952 in the 2nd Court of Munsif (now Court of Assis..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......gh Court, that by a deed of exchange dated March 19, 1977 between Abdul Barek Bepari and his brother, plaintiff No.1, the plaintiff No.1 got the land in suit and thereupon mutated his name and paying rent and is possessing the land in assertion of title, that two rooms of the building were occupied ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......n of the land described in the schedule attached to the plaint to the plaintiff. It was the contention of the plaintiff that he demanded possession from the defendants but they avoided on different pretexts to deliver possession of the land in suit. Hence the suit. 10. The suit was c..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......a and others and the said landlords settled the land in suit with Bipin Chandra in 1350 BS by granting Dakhila, that said settlement holder Bipin Chandra possessed the land in suit upon payment of rent to the exlandlords, that RS record was prepared in the name of Bipin Chandra, that Bipin Chand..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ...... the State Acquisition and Tenancy Act, that the Additional Deputy Commissioner, Dacca recognised them as the tenants on the basis of their settlement and long standing possession and realised rent from them, but that the Board of Revenue, by a notice dated 15 6-67 purported to cancel the r..Category: Property Law | Date: | Hits: 36
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......ty belonged to Abdul Wahed Mridha in Rayoti Jote right and he possessed the same as such and the property was accordingly recorded in ROR and that he was in possession of the property on payment of rent and that on 12.11.1989 portion of the suit property was sold by him in favour of plaintiff Nos..Category: Property Law | Date: | Hits: 41
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ...... S.A. record prepared in his name and later on upon the said matter a 'salish' was held and as per award of the 'salish' plaintiff got her name mutated in the S. A. record and thereupon paying rent, that as the S.A. record was prepared wrongly in the name of Kamaruddin, as such to avoid fut..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......tuted the aforesaid SSC suit against the defendant-respondent for his eviction from the suit premises at 8, Rankin Street, Wari, Dhaka on the averments, inter alia, that the respondent was not paying rent of the suit premises at the rate of Tk. 150/- per month with effect from June 1971. A notice un..Category: Property Law | Date: | Hits: 118
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......, the list of schedule of property. In the second group I will take up exhibit 2 series, exhibit 3 series and exhibit 7 series showing that the son was in fact dealing with and paying all taxes and rents in respect of the said property on behalf of his old mother and in the third group, I will tak..Category: Property Law | Date: | Hits: 50
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