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Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)
....any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ......argument on the exposition of the law. 4. To appreciate the question, it is to be observed that under the terms of the Town Improvement Act 1953 land can be acquired in three ways under three different sections; One is by purchase on agreement under section 78, the other is by compulsory acquis..Category: Others | Date: | Hits: 86
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ...... the defendant-tenant. The suit was a Small Cause Court suit No. 28 of 1976 before the Small Causes Court Judge at Dacca. The ground for ejectment was that the tenant was in default of payment of rent, sub-letting without the consent of the landlord and for bonafide requirement of use and occupa..Category: Tenancy Law | Date: | Hits: 69
M. A. Hai Vs. Trading Corporation of Bangladesh, Dacca, 1977, 6 CLC (AD)
.... complied with…..(6) The appointing authority is not bound to accept the recommendations of the enquiry officer but in inflicting higher punishment not recommended, the appointing authority is expected to assign some reasons for coming to such a decision. Even in case of giving reasons, the o......at he was appointed by the Trading Corporation of Bangladesh on December 18, 1972 and was posted as the Stores Officer at the Head Office in Dacca and put in charge of 6 to 7 godowns situated in different parts of the city. On April 30, 1976 he was transferred to the Regional Office at Chittagong as..Category: Employment/Service Law | Date: | Hits: 72
Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)
....decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ......f instituted OS No. 230 of 1969 in the 1st Court of Munsif, Chittagong on 8.9.69 alleging that the defendant was a monthly tenant under him in the suit premises. The tenant defaulted in payment of rent for which the plaintiff instituted the suit for ejectment after determining the tenancy by a n..Category: Others | Date: | Hits: 119
Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ...... of the suit land described in Schedule 1 (Ka) to the plaint. The plaintiff is a Wakf Estate and the owner of Schedule 1 land bearing RS Plot No. 799. The Mutwalli, a lady, runs a madrasha out of the rent-receipts of Schedule 1 land. To the contiguous west of the said plot No. 799, there is a vacant..Category: Property Law | Date: | Hits: 66
Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)
.... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ......wo separate Judgments, bearing the same date, 6 January 1993, allowed two corresponding Civil Revision Nos. 674 and 675 of 1990 and directed thereby the Rent Controller to accept a monthly deposit of rent made by the tenant under section 19 of the Premises Rent Control Ordinance. 2. Respondent-te..Category: Tenancy Law | Date: | Hits: 71
Nowabul Alam and others Vs. State, 1993, 22 CLC (AD)
....the scene. 28. When eye-witnesses witness the occurrence, accused persons depart from the scene and nearly 1,000 people assemble at the place of occurrence followed by high officials. It is expected that the eye‑witnesses will name the accused persons not only to their own kith and......ightly construed as an admission by the defence that P.W. 2 was present at the place of occurrence and whether in a case like this where there is admitted bitterness between the parties and an apparent attempt has been made to implicate the sworn enemies of the deceased by improving the prosecut..Category: Criminal Law | Date: | Hits: 60
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
.... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ......ain sold the house to Md. Rahmatullah on 15.12.1979. Subsequent thereto said Rahmatullah again transferred the property to the appellant on 16.1.80 who mutated his name in the CO (Revenue) and paid rent to the Government and possessing the property till today. The said house having been enlisted..Category: Property Law | Date: | Hits: 63
State Vs. Abdul Muttaleb Khan alias Abdul Mataleb Khan, 1993, 22 CLC (AD)
....e respondent. The sentence of fine is also reduced to Tk. 250.00 in default the respondent will undergo RI for one month. Ed This case is also reported in: 45 DLR (AD) (1993) 131 ...... 2. The prosecution case was that the respondent in his capacity as Head Tahsilder of Moukaran Tahsil Office under the Government Acquired Estate, Patuakhali had collected Tk. 15,508.52 Paisa as rent taxes, etc. from different tenants by granting 411 rent receipts during the period from 1.10.6..Category: Criminal Law | Date: | Hits: 41
Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)
....visional application of the appellants. The appeal is, accordingly, dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 120; 1994 BLD (AD) 235. ......nt Nos. 2-5, for declaration of his fide to the suit land alleging inter alia, that he had obtained pattan of the suit land from its original owner, Shree Manindra Maitra, on 24.9.1350 BS at a yearly rent of Tk. 25.00 and was in possession since then by paying rents, etc., that while the plaintiff w..Category: Procedural Law | Date: | Hits: 111
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....rom interfering with the impugned order in view of the particular facts of the case. The appeal is, therefore, dismissed. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 112 ......ted that the failure of the Government law clerk to inform the learned Counsel for the defendants cannot be a sufficient ground for nonappearance. 5. Appellants contend that in view of the concurrent finding of the Courts below that there was no sufficient cause for non‑appearance, and the ap..Category: Limitation Law | Date: | Hits: 271
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....ding that in the absence of any report from the Presiding Officer the Election Commission had no jurisdiction to interfere in the matter. How could a report from the Presiding Officer in this case be expected, since it would go against him alone? So, on the face of the record, the election result in......that it cannot be exercised arbitrarily, overriding the rules and procedure specifically prescribed in the law and that facts of each case will determine the extent of the Election Commission’s inherent power as sought to be invoked by the learned Additional Attorney-General. Mr. Islam, learned ..Category: Election Law | Date: | Hits: 117
Abu Taleb Vs. Government of Bangladesh and others, 1993, 22 CLC (AD)
....he matter is sent back to the Appellate Administrative Tribunal for rehearing by its Chairman and two Members. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 45 ......by inadvertence. Sulaiman, CJ set aside the order and reheard the matter. This was a case where a mistake committed by a functionary of the Court itself was later set right by the Court in its inherent jurisdiction. 11. In AIR1953 Allahabad p. 416 was held that "by reason of the pr..Category: Administrative Law | Date: | Hits: 125
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....red by limitation. In the result the appeal fails. The judgment and order of the High Court are affirmed. In the circumstances of the case there will be no order as to costs. Ed. ......88 where the Provincial Government is the sale landlord, the Revenue Officer, on application made to him by one or more co-sharer tenants for the division of a holding and for distribution of the rent payable in respect thereof may by order in writing direct such division of the holding, and..Category: Property Law | Date: | Hits: 60
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......dent took a second wife against her will, and as a result thereof the appellant could not honourably live with the respondent and she had to shift herself with her children in a separate rented house. She demanded maintenance from the respondent for herself and for her children bu..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......espondent A.T. Mridha is the proprietor of a firm called Mridha and Co., which is engaged in jute trade. He has a number of godowns for the purpose of stocking jute and jute goods and took on rent godown No. 1 of Amin Agency Limited for the purpose. The respondents 1 to 5 of Criminal A..Category: Criminal Law | Date: | Hits: 125
Superintendent and Remembrancer of Legal Affairs, Govt of BD Vs. Jobed Ali & ors, 1974, 3 CLC (AD)
.... to its own directions or owing to continuance of custody under the second part of clause (2) of Article 16 of the Collaborators Order. The appeals are accordingly dismissed. Ed. ......al's second contention, namely that regard being had to article 14 of the Collaborators Order the word 'may' occurring in more than one place in the said section of the Code must be given different meanings in different contents; and that in the context of grant of bail the said word must b..Category: Criminal Law | Date: | Hits: 39
Farid Miah Vs. Kutubuddin, 1994, 23 CLC (AD)
....nce in the facts noticed above. 9. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 183 ......nd and so he applied for taking settlement of the same and was allowed settlement by defendant No. 2 by his Memo No. 290 dated 18.5.72. Thus he has been in possession of the suit land on payment of rent. But defendant No. 2 having been influenced by defendants Nos. 3, 4 and 5 illegally cancelled ..Category: Property Law | Date: | Hits: 80
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......3 after acquisition of title asked the defendants I and 2, who were residing there as tenants, to vacate the premises as he needed the house for building and rebuilding, and also asked them to pay rent at the rate of Taka 17.50 paisa per month for the two huts during the period of their stay. D..Category: Civil Law | Date: | Hits: 134
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
....ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ......ellaneous Appeal No. 9 of 1973 on July 30, 1979. 2. The respondent filed a case before the Chairman, Kalibari Union Committee, Barisal against the appellant and another for arrears of house rent and obtained a decree. The decree was put into execution in the Second Court of Munsif of Bari..Category: Property Law | Date: | Hits: 70
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