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Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ......91/1 was prepared in his name. The pre-emptor by different kabalas of the years 1981 and 1982 in total purchased 1.80 acres of land from the heirs of Khan Bahadur Aman Ali and also from the co-sharer tenant of the R.S. Khatian No.791/1. 4. The Miscellaneous Case were filed stating, inter alia, that..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
.... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ...... S.C.C. Suit seeking eviction of the petitioner from the suit premises on the ground of default in the payment of rent. It was the case of the plaintiff that the defendant, herein petitioner, was a tenant under him, that an agreement was entered into on 3.2.1988 between the plaintiff and the defen..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....ither by BIWTA or the Government. That the contract not having provided for price adjustment and the respondents having no other legal obligation arising out of any commercial contract other than the contractual obligation, there is no scope for price adjustment to be made in favour of the appellant...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......und floor, that in the last part of December, 1980, plaintiff No.1, appellant herein, approached him to take lease of the house and accordingly, plaintiff took possession of the suit house as monthly tenant upon fixation of monthly rent at the rate of Taka 1,200 and lie paid the rent upto March, 198..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)
....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......ansfer of Property Act and within the meaning of the section the term "creditor" is a person to whom a debt is due, and that is why a landlord is a creditor in respect of rents due from his tenant, See Nagendra Vs. Satadal, 26 Cal 536. 24. I have given the background of the law in the..Category: Company Law | Date: 3 Mar, 2004 | Hits: 8
Jalil Brothers and ors. Vs. Humayun Majid and ors., 2004, 33 CLC (AD)
....e matter in its proper perspective and we find no illegality or irregularity in the decision of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. ......been inducted in the premises in dispute as an allottee of the government after the property was declared abandoned, the appellant, not being in the same footing, can not claim the same right which a tenant inducted by the owner could claim……………………(16) Case Referred to- Md. Ayu..Category: Tenancy Law | Date: 18 Feb, 2004 | Hits: 133
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
....onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ......ining to CS Khatian No. 174 belonged to Bholai Shah Fakir and Sital Shah Fakir in equal share and the CS record was accordingly prepared and finally published. After the death of the said CS recorded tenants Pari Nesa, Abdul Gafur. Elach Nesa, Osiran Nesa, Noorjahan and Amena Khatun inherited the su..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
Securities and Exchange Commission, represented by its Chairman Vs. Runa N Alam, 2004, 33 CLC (AD)
....cordingly, set aside. The learned Additional Sessions Judge shall proceed against the accused in accordance with law. The appeal is accordingly allowed. Ed. This Case is also Reported in: ......e case of Begum Motia Akhtar Khanam vs. Shawrat Ara and others reported in 42 DLR (AD) 26 as under: "And then the transferee on determination of interest of the transferor shall be deemed to be a tenant in respect of such premises." The Privy Council says: "Now when a person is "deemed t..Category: Business or Commercial Law | Date: 5 Jan, 2004 | Hits: 340
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
....ability. However, the question can be answered without detailed discussion in view of some recent decisions of the Appellate Division. Previously, it was held that no mandamus can issue in respect of contractual matters. A departure was made in Sharping Matshyajibi Samabaya Samity vs. Bangladesh, 39...... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ...... Judgment August 12, 2003. Result: Both the Rules are discharged. In absence of any registered documents the claim of the defendants-petitioners that they have had been treated as tenant on yearly basis is of no substance…..(14) In absence of any registered deed of ag..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
..... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......Ewaz and plaintiff No.1 became the sole owner and was inducted into possession. The plaintiff No.1 let out the building standing on the property to the defendant school LORETTO as a monthly ejectable tenant by executing a deed of agreement dated 22‑3‑90 for a period of 2 years at a monthly renta..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......firmed the same by a Notarial Declaration in Canada on 28‑11‑88. After making the deed to the heirs Dr. Mahmood Hasan died on 25‑12‑1970 in Karachi, Pakistan. The American Embassy which was a tenant in the house used to deposit rents in the joint SB Account of both the sisters in American Ex..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....e' by the Pakistan Supreme Court in Dr. M.O. Gani's case reported in 18 DLR (SC) 463 is not a happy or correct one because this expression 'void' or 'voidable' is referable to contractual obligation but not to other obligations of a person. He then submits relying on var......ice to maintain law and order while carrying out the eviction of unauthorised occupants from Block 'J' at Baridhara. In her reply however the petitioner has come with a new story that one Lieutenant Colonel (Rtd.) M. Lutfar Rahman , Executive Director of M/S Elite Security Services Limi..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs. Ed. This Case is also Reported in: ......o file the aforesaid suit. 3. The appellant in Civil Appeal No. 439 of 2001 was defendant No. 3 in the suit who filed the written statement stating, inter alia, that while he was a monthly tenant in part of the suit premises the original owner respondent No. 8 entered into a written..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Chan Miah (Md) Vs. Md. Dabirul Islam Khan & ors., 2004, 33 CLC (AD)
....it any consideration and we also do not find any illegality or infirmity to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ......he compensation thereon. 2. Upon receipt of the notice of the pre-emption proceeding the petitioner, a co‑sharer tenant, filed an application under section 96(4) of the State Acquisition and Tenancy Act, hereina..Category: Property Law | Date: 5 May, 2003 | Hits: 141
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....the respondent No. 1, Bangladesh Biman Corporation by filing affidavit‑in‑opposition stating, inter alia, that the writ petitions are not maintainable since the writ‑petitioners seek to enforce contractual terms and conditions of service governed by the law of contract and, as such, cannot be ......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ...... Assistant Judge and S.C.C. Judge, Dhaka impleading the petitioner as the defendant praying for eviction of the defendant from the suit premises alleging, inter alia, that the defendant was a monthly tenant under the plaintiff at a monthly rental of Tk. 800/-payable according to English Calendar mon..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....emption case is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 108. ......al decree in the partition suit Abdur Razzaque's heirs splitted up the jama of Khatian SA No. 3232 and got opened in their names separate Khatian, being No. 3232/1 (Exhibit 3), Abdul Gafur remained a tenant in khatian No. 3232 in respect of the land he got in the light of the decree in the partition..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
....ce and inconvenience in his favour, as equity and law have always accustomed to compel the performance of contract and trust. The learned Counsel further submits, that respondents are very much under contractual obligation to act under the terms of the existing agency contract, which cannot be allow...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)
.... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ...... of the suit shop who transferred the possession of the said shop to one Mr. Matiur Rahman (defendant No.3) and that subsequently defendant No.3 having been in possession of the said shop through his tenant defendant No.2 agreed to sell the same to the plaintiff and accordingly defendant No.3 sold h..Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198