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Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....sideration for the withdrawal of the Criminal complaint by the Bank? That is the question which has to be decided in the present appeals, and in proving their case, the plaintiffs are expected to lead satisfactory evidences; and in our opinion, the High Court is, on the whole,......Purnendu Kumar Das Vs. Hiran Kumar Das. Mr. Shaukat Ali Khan does not contest the proposition laid in this decision. He submits that the facts of that case and the present case are completely different because here by the Salishnama parties exchanged their properties with each other. The High Co..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
....as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......tly gave up and led a married life. She purchased a land in question oat of her own income in 1953. She had been in actual, physical possession of this land till her death on 26.5.76 by paying rent and other taxes to the Pourashava in her name and after her death the plaintiff appellant has..Category: Property Law | Date: | Hits: 112
Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)
....is sent back to High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 220. ......construction of the huts on the case land which was incurred by the appellants. In support of their case that the holding had already been separated, two Dhakhilas dated 16.5.78 showing payment of rent for the disputed land on the basis of separated Khatians being No. 3067 and 3068 were proved a..Category: Property Law | Date: | Hits: 34
Mehar Khatun and ors. Vs. Sarat Kumar Kanungoe, 1984, 13 CLC (AD)
....appeal has no merit and therefore dismissed with costs and the judgment and decree of the High Court Division is maintained. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 217. ......e plea of part performance and proved that there was a written and signed contract in his favor and that he had taken possession in accordance with the terms of the agreement and he was paying rent to the plaintiff in accordance with the agreement. It was held that the defendant is enti..Category: Property Law | Date: | Hits: 24
Moulvi Abdulla Welfare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)
....rder as to costs. The impugned order is set aside and the orders of the courts below are also set aside. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 203; 1984 BLD (AD) 329. ...... building consisting of shop-rooms in the ground-floor in the land of Schedule A of the compromise decree but as he failed to render accounts of expenditures for the construction and of salami and rents received by way of disposal of the shop-rooms the Executing Court by its order No. 265 dated ..Category: Property Law | Date: | Hits: 39
Basiruddin Ahmed & others Vs. Dhirendra Mohan Das & others, 1983, 12 CLC (AD)
....owed. The impugned order of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 191. .................................Respondents Judgment November 9, 1983. Result: The appeal is allowed. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 19 (2) Deposit of rent in favour of the previous landlord became totally irrelevant as soon as that landlord ceased to..Category: Tenancy Law | Date: | Hits: 166
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......originally belonged to landlords Girija Sannyal and Aswini Kumar Sannyal. Bassarat Akanda and Maidan Akanda used to cultivate the suit land in raiyati right as tenants paying half of the produce as rent. Maidan Akanda surrendered his land in favour of the landlords who in turn gave that land in ..Category: Property Law | Date: | Hits: 27
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ...... death of their father in 1954, appellant No. 1 as male member and also his guardian took charge of schedules 1 and 2 properties, did not pay anything to their mother who died in 1978 and realized rents from Performa-defendant Nos. 11-39. His further allegation was that since for non-payment of ..Category: Property Law | Date: | Hits: 45
Md. Monzoor Alam Vs. Noor Mohammed and others, 1984, 13 CLC (AD)
.... substance in the contention raised on behalf of the appellant. The appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 94. ......uilding according to an approved plan of the Dhaka Improvement Trust. He is now challenging the High Court Division's order, in Civil Revision No. 1161 of 1982, refusing to interfere with the concurrent decision of the trial Court and the lower Appellate Court which decreed the suit for ejectment;..Category: Tenancy Law | Date: | Hits: 111
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
.... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ......rs who possessed the same and during the pendency of the suit they sold it to plaintiffs 4-7 and since then the plaintiffs 4-7 have been possessing the suit land. During the rent roll operation the suit was correctly recorded in the name of Felu Mondal, the predecessor-in..Category: Property Law | Date: | Hits: 30
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ................................................Respondents Judgment June 20, 1983. For disposal of an application under section 143A, question of possession, the Pattannamas and rent-receipts, along with the report of the Revenue Officer were the relevant materials for co..Category: Property Law | Date: | Hits: 28
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......further contended that the Miscellaneous Case No. 116 of 1942 was filed against the plaintiff and others for the separation of jama of the disputed holding. As the plaintiff did not claim the rent of the lands in his share the jama was divided. By virtue of his purchase by the kabala a..Category: Property Law | Date: | Hits: 35
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......y belongs to the plaintiffs. Their case is that the defendant-appellant was their monthly bharatia-tenant in respect of the structures thereon—a tin shed hut and two golpata huts at a monthly rent of Tk. 15/- which was subsequently raised to Tk. 20/- per month. The plaintiffs require the s..Category: Property Law | Date: | Hits: 39
Ashwini Kumar Karmaker and others Vs. Hari Mohan Shil & others, 1983, 12 CLC (AD)
.... this appeal also. In the result, both the appeals are dismissed without any costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 334, 36 DLR (AD) (1984) 1, 1984 BLD (AD) 29. ......place that the question of benami nature of transaction could be considered in a proceeding for pre-emption under section 26F of the Bengal Tenancy Act. In the instant case, facts are altogether different. Here we find two kabalas in respect of the same land. The earlier one shows transfer of the la..Category: Property Law | Date: | Hits: 122
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed.......d 1st April, 1987 passed by a Single Judge of the High Court Division (Jessore Session) in Civil Revision No. 246 of 1986 making the Rule absolute and dismissing the suit upon setting aside the concurrent decision of the Courts below. 2. Plaintiffs instituted the aforesaid suit in the Court of t..Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ......his personal use and occupation Ad in respect of rebuilding the suit house. 10. Section 18 of the Premises Rent Control Ordinance protects the tenant from eviction as long as he pays rent to the full extent allowable by the Ordinance. This protection, however, is not available wher..Category: Property Law | Date: | Hits: 26
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ......he land to her son‑in‑law, Janaki Nath Barman, by a kabala dated 18.1.1938. (Ext. I (a). The plaintiff purchased that land by a kabala dated 1.4.1957 (Ext.1) and got his name mutated and obtained rent receipts (Exts. 2(a) to 2(h)). On 15.5.1969 the defendants in collusion with each other attempt..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
....of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ......sp; 2. The plaintiff-appellant Md. Abdur Razzaq @ Md. Raja Miah filed the suit for eviction on two grounds, (i) that tenant-respondent No. 1 Md. Ansar Ali was a defaulter in the payment of rent and (ii) that he sub-set the suit premises to respondent No. 2 Sunil Kumar without the knowled..Category: Property Law | Date: | Hits: 30
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......land from Ram Proshad by two registered kabuliyats dated 10th Baisakh 1375 BS Exts. 1 and 1(a), for three years and after the expiry of that period they continued to possess the suit land by paying rents and obtaining dakhilas; that in Kartick 1376 BS the Government Tahsildar disclosed that the s..Category: Property Law | Date: | Hits: 25
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
....time by guess and to determine time accurately and definitely on that basis is not a reliable test. I cannot overlook the fact that the idea of time with village people is very vague and they are not expected to give time with mathematical accuracy. The material question for us will be to decide whe......Khairul by Khasru as they had seen in their own surroundings. Indeed it will be seen in retrospect that there was nothing wrong or suspicious about calling of Khairul by Khasru for taking plum. The parents of Khairul (lid not utter a word in their evidence against the respondents expressing any doub..Category: Criminal Law | Date: | Hits: 38
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