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Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)

....rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ......hat the attempt has not achieved the desired result, and the learned Attorney-General's submission in this regard is justified. This fact has caused the complexity to the question. 8. The parent section contains seven sub sections and several clauses and has provided for requisition, of p..

Category: Property Law | Date: | Hits: 135

Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)

....ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ......ly belonged to one Upendra Kumar Roy and his co-sharers from whom the appellant acquired 16 annas interest on the basis of two documents namely, a deed of lease dated 8. 8. 1956 and a deed of sale of rent receiving interest dated 9.8.1956 consti­tuting sale of the property within the knowledge of t..

Category: Tenancy Law | Date: | Hits: 76

Government of Bangladesh and others Vs. Md. Hafizur Rahman and another, 2001, 30 CLC (AD)

.....   We accordingly dismiss the petition, the delay having been condoned.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 99. ......ho have been in possession since their purchase. The names of the respondents were mutated in Mutation Case No. 9193 (m) 81 dated 27-5-8 1 and they obtained duplicate carbon receipt. They also paid rent to the Government Tahsil Kachari in their own names for the year 1392 BS in respect of the cas..

Category: Property Law | Date: | Hits: 57

Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)

....held on 9-6-1998 respondent No. 2 Mr. Nesar Ahmed as Chairman of the company presided over meeting and in that meeting it was unanimously resolved that in view of the approval accorded by BSRS and expected approval of the ICB in near future approved the amendments of the Article 101(a) by which ...... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ..

Category: Business or Commercial Law | Date: | Hits: 95

Mustafa Zamil Ahmed Vs. Governor of Bangladesh Bank and others, 2001, 30 CLC (AD)

....it is of criminal nature.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 66. ......   6. It has been argued that the criminal case started against the petitioner and others has been pending for long and the petitioner is suffering huge financial loss on account of rent for the premises, salary of staff, etc. on account of the order of suspension. Furthermore, he..

Category: Business or Commercial Law | Date: | Hits: 83

Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)

.... suit.   In the result the appeal is allowed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 63. ......problem and demanded a sum of Taka 55,000.00 for business and on payment of the said sum the appellant delivered possession of the shop room to him and a lease agreement was executed fixing monthly rent at Taka 240.00 and that subsequently the appellant raised rent to Taka 375.00 and an agreemen..

Category: Property Law | Date: | Hits: 69

Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others, 1995, 24 CLC (AD)

....y comment. The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law. Ed. This case is also reported in:47 DLR (AD) (1995) 162. ......vision No.10022 of 1991 (Dhaka), remanding Title Suit No.251 of 1961, renumbered as Title Suit No.58 of 1962 of the Court of Subordinate Judge, Sylhet to the trial Court after setting aside the concurrent judgments and decrees of the courts below. 2. The predecessor of the appellant as plaintiff ..

Category: Property Law | Date: | Hits: 46

Special Reference No. 1 of 1995, 24 CLC (AD)

....being absent or missing from a place or from companionship, failure to be present opposed to presence, (2) Failure to be present (as in an accustomed place) or where one is needed, wanted or normally expected. Absence is used to indicate the fact that a thing is not present. Collins Cobuild ......he Supreme Court merely a cure for the political headache of the authority while the Constitutional process itself is in jeopardy. All the learned Counsels, however, made full submissions on the different aspects of the Reference. We wish to put on record our deep admiration for their ungrudging and..

Category: Constitutional Law | Date: | Hits: 248

Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)

....h authority to be reasonable' occurring in clause (X) of sub‑section (2) of section 3 of the Defence of Pakistan Ordinance, 1965 was not justifiable, it was observed that the detaining authority is expected to exercise the public power of apprehension and detention in accordance with law as enjoin......He argued that considering the detenu's good family background, his long service record which is unblemished and the dispute which cropped up in recent years with the Islami Sramik Shangha, it is apparent that all the actions taken against the detenu, his removal from service, arrest and detention, ..

Category: Constitutional Law | Date: | Hits: 185

Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)

....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ...... which obviously caused the change of his mind, that is, he abandoned the idea of leaving the country by selling away his property. At that time, his house, the suit property, was bringing monthly rent of Taka 16,000.00 Because of this change of fortune, the High Court Division rightly held, he ..

Category: Property Law | Date: | Hits: 69

Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)

....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ......ettlement. Under section 44 of the Transfer of Property Act, 1882 and section 4 of the Partition Act, 1893 the plaintiffs being stranger purchasers are not entitled to get any possession. She paid rent to the Government and tax to the municipality but the dakhilas and tax‑receipts were loo..

Category: Property Law | Date: | Hits: 51

Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)

....p; With this modification in the decree the appeal is dismissed without any order as to costs.  Ed.   This Case is also Reported in: 47 DLR (AD) (1995) 41; 15 BLD (AD) 5. ......dal died leaving widow, the plaintiff, and a cousin named Aser Mondal as his heirs. Aser Mondal died leaving behind defendant Nos. 1‑ 11 (respondent Nos. 9‑21 in this appeal) as his heirs. During rent roll operation the suit land had been wrongly recorded in the name of Aser Mondal, taking advan..

Category: Property Law | Date: | Hits: 146

Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)

.... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ...... Division Bench of the High Court Division summarily rejecting the appellants' Writ Petition No.1997 of 1993. 2. The appellants' case, in brief, is that they are brother and sister. Their parents were married on 30.6.61 at Bogra. At the time of marriage their mother Syeda Begum was servin..

Category: Property Law | Date: | Hits: 62

Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)

....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ...... They are, in a nutshell, that the original plaintiff was the owner of the suit premises by way of purchase from one Moniruddin on the basis of a registered kabala dated 1 May 1964. On 15 May 1972 he rented out the premises to the defendant on monthly tenancy at a rental of Taka 25.00 per month for ..

Category: Tenancy Law | Date: | Hits: 87

Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)

.... so as to include it within reasonable cost of repairs. 40. We are not allowing the claim in respect of item No. 6, Singapore Expenses, because item No. 19 ‘General Expenses’ is expected to cover this item. 41. We are allowing the claim in respect of item Nos. 12 and 13...... vessel MV “Bengal Pride” and it does not stand to reason that in case of total loss, constructive total loss or partial loss, the indemnity will be measured only in respect of the different components of the insured vessel and not of the vessel herself. It is customary in a Marine P..

Category: Business or Commercial Law | Date: | Hits: 151

Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)

....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......ses carrying on the business of utensils under the name ‘Lata Store’. On the death of Mohsin Ali Pk. the defendant continued as a tenant under his wife and children and he used to pay a rent of Taka 60 per month. The heirs of Mohsin Ali Pk. by two registered kabalas dated 14-2-1983 an..

Category: Property Law | Date: | Hits: 52

Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)

....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......eviction of a monthly tenant. 2. The suit was filed by the respondents and their father Mirza Murshal Hossain against the defendant-appellant for his ejectment and for realisation of arrear rent. The plaintiffs’ case, inter alia, is that Mirza Murshal Hossain and his wife Begum Sham..

Category: Property Law | Date: | Hits: 56

State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)

....all around the sides was placed good ginned cotton. The admixture of inferior stuff was found in all the dokras and varied from 6 to 15 per cent against a quantity of 1/2 or I per cent which might be expected to be found in honest dokras. The fraud of adulterating cotton was perpetrated at a ginning......e Dhaka University was accepted by the tender committee but instead of supplying new pumps, the respondent in collusion with the other respondents had supplied four old pumps by putting together different parts of old sets and painting them and then received Taka 9,20,000.00 on 8- 12-87 by practisin..

Category: Anti-Corruption Laws | Date: | Hits: 92

Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)

...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ....... Judgment ATM Afzal CJ.- In this appeal by leave, at the instance of the defendant-tenant, the only question for consideration is, whether WASA charge payable by the tenant along with the ‘rent’ is part of the rent and non-deposit thereof under section 19 of the Premises Rent Control Or..

Category: Tenancy Law | Date: | Hits: 82

Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)

.... cheque for Taka  5,00,000.00 in favour of appellant No. 1 giving out that there was an arbitration proceeding between the company and the Power Development Board on determination of which he expected to finalise the accounts and make all payments. Appellant No. 1 granted a receipt in ackn...... Ext. A(1), also signed by deceased Tofayel Ahmed on 16-11-86 on a fresh letterhead which was in use by the company in the eighties. The learned Company Judge did not ask itself as to why two different letterheads were used a on the same date by late Tofayel Ahmed, when one letterhead was in di..

Category: Business or Commercial Law | Date: | Hits: 118