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Maherunnessa Khatun Vs. Abdul Latif & another, 1986, 15 CLC (AD)
....ent and older of the High Court Division are set aside and those of the trial court are restored. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 196 ...... Abdul Latif & another. ……………………………...Respondents Judgment March 11, 1986. The Premises Rent Control Ordinance, 1963 (XX of 1963) The payment of Municipal rent and tax can be the subject matter of the terms of the tenancy and if it so forms part of the ag..Category: Tenancy Law | Date: | Hits: 65
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
....ble to the differences in the statutes concerned which they were construing for the purpose of deciding the question. It should well be remembered that while interpreting statutes Judges are not expected to do not apply pre-conceived notions nor can they be expected to arrive at the conclusi......e problem whether a person who is indicated in a statute not by name bus by his official design nation is a persona designata, i.e., individual, or a Courts, the learned Judges have applied different tests. 9. Consequently, conclusions reached by them have not always been uniform. Such dif..Category: Election Law | Date: | Hits: 154
Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
.... scoffed at the criticism passed upon their evidence that the boy Sultan Mirza was only introduced to each of them once, and therefore then recollection is unreliable by observing "as it was to be expected that a father would naturally introduce a son to a friend as his son more than once" (Page......gment March 22, 1984. Result: The appeal is allowed. Plaintiff-respondent instituted O.C. Suit No. 457 of 1977 for a declaration that the defendant-appellant was a child of unknown parentage and for a further declaration that the plaintiff is the only son of late Amir Ali Mia, Mutw..Category: Family Law | Date: | Hits: 239
Ismail Ullah, being dead his heirs Bazidullah & ors Vs. Sukumar Chandra Das & ors, 1986, 15 CLC (AD)
....d as defendant No. 49 in the partition suit. In the result, therefore, this appeals as allowed. There will be do order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 125 ......contended that the first schedule of land of the written-statement was owned by him by virtue of purchase from one Mukhyadamoyee and others, and since purchase he is in possession thereof by paying rent to the landlord. He further contended that the second schedule of the land of the written-state..Category: Property Law | Date: | Hits: 48
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......e plaintiff-appellants' interest in Schedule 2 lands. In brief, appellant's case is that the suit, jute comprised 28, 35 acres of lands and out of this area 6.37 acres were tenanted with an annual rent exclusive of cesses of Tk. 49/8/- payable in two instalments, one in August and another in Ja..Category: Fiscal/Taxation Law | Date: | Hits: 80
Md. Abu Baker Siddique Vs. S.M.A Bakar & others, 1986, 15 CLC (AD)
....eatment wherever if is available, and as such, rejection of his application for custody of, his son is clearly arbitrary. Mr. Karim contends that the welfare of the petitioner's son cannot be expected at the hand-of the divorced wife who may re-marry at any time. The question raised meri.....................Appellant Vs. S.M.A Bakar & others …………………………………Respondent Judgment December 3, 1985. Muhammadan Law—Hizanat (custody of child) Different schools of Muslim thought (Sunni) have difference of opinion about Hizanat. According to Superi..Category: Family Law | Date: | Hits: 152
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97...... The Evidence Act, 1872 (I of 1872), section 116 The Civil Procedure Code, 1908 (V of 1908), section 115 The Criminal Procedure Code 1898 (V of 1898), section 195 (1) (c) Non payment of rent will not enable a tenant to question landlord’s title unless he discontinues the tenancy and ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. Abani Kanta Chakraborty & others, 1986, 15 CLC (AD)
....s unfounded. In the result, therefore, this appeal is dismissed with the aforesaid observation. There will be no order as to costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 93 ......before. His tenancy right has matured over the last forty years and such right is exercisable against the ex-land lord against whom the plea of adverse possession has been taken. He is willing to pay rent to the next land lord that is the government. His status is undeniable. His possession in the d..Category: Property Law | Date: | Hits: 37
Sk. Abdul Latif and another Vs. Abdul Malek Kazi & others, 1983, 12 CLC (AD)
....rt Division and the appellate Court below are set aside and that of the learned Munsif is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 22. ...... The trial court decreed the suit. It was noticed that Ext.D is a Bhara agreement and it mentions sub-letting of the premises only for one year. Further Ext. A and A (1) show that defendant also paid rent to the owners for the months of Bhadra and Jaistha, 1357 B.S. The learned Munsif concluded that..Category: Property Law | Date: | Hits: 63
Rahela Khatun and another Vs. Fayezuddin Shah, 1985, 14 CLC (AD)
....aside. The appellants are given the liberty to adduce additional evidence before the Appellate Court below. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 6. ......ppeal is allowed. The Civil Procedure Code, 1908 (V of 1908), Order XLI, r. 27 Additional evidence may be adduced on appeal for pronouncing the judgement or for any substantial cause. Duplicate rent receipt being found out during pendency of appeal and such receipt containing substantial cause..Category: Property Law | Date: | Hits: 52
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ...... dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plaintiff cannot claim the rent over again from the tenant defendant-appellant. The tenant is not a defaulter…………(14 &a..Category: Property Law | Date: | Hits: 59
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ......o have taken a permanent lease of the suit property by registered deed from-one Modhusudan Saha for a consideration of Rs. 12,000/- on the 22nd November, 1951. The plaintiff was liable to pay rent to Modhusudan Shaha on account of the lease at the rate of 4 annas per annum and, by another d..Category: Property Law | Date: | Hits: 37
Lutfun Nahar Begum Vs. The State, 1975, 4 CLC (AD)
....he conviction is not probable or the matter is not free from doubt, but that he should discharge the accused if on the evidence he comes to the conclusion that no Court or jury could reasonably be expected to convict the accused". In the latter case, the question arose whether the Magistrat......al is allowed and the order of commitment of the appellant is set aside. The appellant is discharged from the bail bond. Ed. This Case is also Reported in: 27 DLR (AD) (1975) 29. ..Category: Criminal Law | Date: | Hits: 60
Abdur Rashid Vs. The State, 1975, 4 CLC (AD)
....de. The prisoner is found not guilty of the charge under section 302 of the Penal Code against him. He is acquitted of the said charge and is directed to be set at liberty forthwith. Ed. ......true that the witness were cross-examined. It is, however, evident from the cross-examination that there was mere reputation of that of what was stated in Examination in Chief. It is therefore, apparent that corroboration of the prosecution case was taken by way of cross-examination. Needless to ..Category: Criminal Law | Date: | Hits: 66
Sunil Kumar Biswas Vs. Mohammad Idris and others, 1981, 10 CLC (AD)
....right of Kol-karsha. In the result, we do not find any substance in any of the contentions raised by Mr. Khondker. The appeal is, accordingly, dismissed with cost. Ed. ......o three Pal brothers namely, Banknote Pal, Purina Chandra Pal and Kailash Chandra Pal in Karsha right under the superior landlords Kederesaban and others. The Karsha was put to sale for arrears of rent in connection with Rent Execution Case No. 432 of 1948 and the plaintiffs purchased the suit l..Category: Property Law | Date: | Hits: 45
Sanjib Kumar Bose and another Vs. Syed Shamsuddin Ahmed and another, 1981, 10 CLC (AD)
....h Court Division must be reversed. The appeal is allowed, judgment and decree of the High Court Division are set aside and those of the trial court are restored. No order as to cost. Ed. ......documentary, showing that kabala executed in favour of Sachindra was acted upon. As to Dwijendra's claim of purchase from Ram Ratan, there is no sale-deed in support of this claim. Instead two rent-receipts exhibits B-2 and B-3, have bee produced showing that the land-lords granted thes..Category: Property Law | Date: | Hits: 54
Md. Abdur Rouf and others Vs. Ahmuda Khatun and others, 1981, 10 CLC (AD)
..... For the reasons stated above, the appeal is allowed with costs and the judgment and order of the High Court Division are set aside and those of the Trial Court are restored. Ed. ...... application under section 24 of the Non-Agricultural Tenancy Act was competent. 7. As regards the second question, the learned Judges after consider ting the divergent views of the different Benches held that the provisions of section 96 of the State Acquisition and Tenancy Act would..Category: Property Law | Date: | Hits: 47
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ......ted to be so by a Civil Court in a collateral proceeding.' 6. Mr. M.A. Bakr appearing for the appellants submitted that the jama was subdivided into two holdings—one bearing rental of Rs. 3/15/-annas and the other Rs. 1/2/- annas-by this Scamander’s sheresta and the R..Category: Property Law | Date: | Hits: 48
Sreemati Charubala Sen Gupta Vs. Abul Hashem and others, 1981, 10 CLC (AD)
....udge are set aside and the application for addition of party to the probate proceeding is dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 254. ......clared "as a vested and non-resident property" by the Government under law and that the land was leased out to them by the Government and on that basis they had been possessing the land on payment of rent to the Government. They further alleged that the Will was false, forged and fraudulent. This ap..Category: Property Law | Date: | Hits: 80
Dr. Nurul Islam Vs. Bangladesh, 1980, 9 CLC (AD)
....osts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 33 DLR (AD) 201, 1981 BLD (AD) 140. ......5 of the Constitution was not attracted to it. There was no discrimination in making the order. In his affidavit-in-reply the appellant stated that Professor Muniruzzaman who had been put in current charge of the Office of the Director of the Institute was senior to him. 10. In a supplem..Category: Employment/Service Law | Date: | Hits: 180
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