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Government of Bangladesh Vs. Hasan Movies Ltd. and others, 1995, 24 CLC (AD)

....allowed without any order as to costs. The judgment of the High Court Division stands modified only to the extent as mentioned above. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 40. ...... the judgment and order dated 27 August 1989 passed by the High Court Division in Writ Petition No.674 of 1987 and eight others which were heard analogously and disposed of by a common judgment. Different cinema halls moved those Writ Petitions and obtained Rules calling in question the acceptance b..

Category: Labour and Industrial Law | Date: | Hits: 130

Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)

....tify the students that disciplinary action would be taken against them in view of the evidence which was forthcoming regarding their involvement in the incident. However much the pressure was, it was expected of the College authority to show that much of care for the respondents as, it is said, they......ident. 10. In the affidavit-in-opposition filed on behalf of the Principal (appellant No. 1) the assertions of the respondents were sought to be met by saying that the evidence produced from different sources before the meetings of the College authorities was contrary thereto. 11. The respon..

Category: Constitutional Law | Date: | Hits: 169

Government of Bangladesh Vs. Md. Jalil and others, 1995, 24 CLC (AD)

.... the result, therefore, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: I ADC (2004) 415, 48 DLR (AD) (1996) 10, 49 DLR (AD) (1997) 26 ......is not necessary for us to refer to and consider the various papers which have been included by the a in the paper book as additional papers showing that the Government have been making demand for rent from one Abdul Aziz Mridha who had been occupying the house at least since 1973 and to whom th..

Category: Property Law | Date: | Hits: 57

Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)

....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ...... property in President’s Order No. 16 of 1972. 14. Mr. TH Khan, learned Counsel for the auction-purchaser respondent No.1 submits on the other hand that the two Courts below in a concurrent assessment of the evidence on record found as a fact that Dr. Shamim was present in Bangladesh..

Category: Property Law | Date: | Hits: 61

Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)

....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......es described in 'uma' schedule were purchased by him alone. Exhibit C (I) series were also filed by him to show that he in his own name took the lease of 'cha' schedule property and has been paying rent accordingly. Prima facie, therefore it appeared that these properties belonged to defendant N..

Category: Property Law | Date: | Hits: 51

Abdul Gani and others Vs. State, 1972, 1 CLC (HCD)

....nt of sentence has become infructuous and it is accordingly discharged. Let a copy of this order be sent to the learned Special Judge wherever he may be in present stationed. Ed. ......akistan Penal Code read with section 5(2) of Act II, 1947 and eventually to their conviction are stated as follows: One Omar Ali, a mechanic of the Nishat Jute Mills at Tongi was living in a rented room of a house with Mominulah. Subsequently Mofijuddin, a worker of the said Jute Mils als..

Category: Criminal Law | Date: | Hits: 68

State Vs. Lutfor Fakir, 1972, 1 CLC (HCD)

....Lutfor Fakir quarrelled with his 'father Afsar, left the latter's house with his wife and lived with his grand father Parashullah Fakir. Accused Lutfor Fakir used to work for Parashullah Fakir and expected that he would be given some property by his grand father. Accused Lutfor Fakir got a menta......mato Bhai) of Parashullah Fakir, grand father of accused Lutfor Fakir. PW 6 Laily Khatun is the daughter of PW 7 Gul Mohammad, In this case Parashullah Fakir and his wife Saju Bibi who are grand parents of the deceased as well as of the accused and are witnesses named in the First Information Re..

Category: Criminal Law | Date: | Hits: 62

Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)

....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......defendants that some of the patta lands became fit for cultivation 20/22 years ago but in the meantime the interest of the plaintiffs and their co-sharers in the said lands were sold for arrears of rent and the mirashdars not being in a position to get back   the   property,&..

Category: Property Law | Date: | Hits: 59

Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)

.... meet with disappointment.  The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......execution of exhibit l(a) by the Court and during the period of holding over after the expiry of the period of the original lease, he let out the premises to the defendant No.l Parul Bala who paid rent to him. Parul Bala however inducted the defendant No.2 as her sub-tenant in the premises witho..

Category: Property Law | Date: | Hits: 71

Bijon Bala Chowdhurani & others Vs. Maniruddin Biswas & others, 1972, 1 CLC (AD)

....the learned Advocate for the petitioners is upheld it will amount to partial pre-emption. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. ......They also challenged the locus standi of the original pre-emptor and the co-applicants. Their case was that the disputed properties appertained to a joma of Rs 65.8.7 pies which was purchased in a rent execution case by the learned landlord Sukesh Chandra Dev Roy who made it khas. From him Lalit..

Category: Property Law | Date: | Hits: 47

Abdul Hamid Howlader and others Vs. Province of East Pakistan, 1972, 1 CLC (HCD)

....n has no merit which is therefore, discharged with costs which we assess at Rs. 500/ (Rupees five hundred) only. The costs so ordered will be taken equally by the respondents. Ed. ......others took settlement of 1904 acres of the said lands by executing registered kabuliyats in favour of the proprietors and since then they have been possessing these lands peacefully on payment of rent to the proprietors and after their acquisition, to the Provincial Government. As the new char ..

Category: Property Law | Date: | Hits: 81

Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)

....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......sp; Nurul Islam J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure at the instance of some of the defendants in a suit for realisation of arrear house rents and is directed against the order dated 16th of January, 1967 passed by the learned Munsif, 4..

Category: Property Law | Date: | Hits: 86

Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)

....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ...... decree in Rent Suit No. 602 of 1962 in a proceeding under section 151 of the Code of Civil Procedure. 2. The decree set aside by the impugned order was rendered on 4-1-63 in the aforesaid rent suit purported to have been brought by Jagadish Bhattacharya and Parul Bala Debi for alleged a..

Category: Property Law | Date: | Hits: 69

Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)

....all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ......ansaction made by Raj Kumar as a karta of the undivided family must be viewed as ensuing to the benefit of all the family members. There is not a scrap of paper such as dakhila showing payment of rent in the name of ejmali family or any other document to show that really Raj Kumar was in manag..

Category: Property Law | Date: | Hits: 62

Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)

.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ....... 3 got the northern 2 rooms of the said tin shed in two-third share and the defendant No. 4 got the southern room in his one-third share and thus they began to possess the said rooms through different tenants. The defendant No.l, a practising Mukhtear was engaged by the pro-defendant No. 3 as a..

Category: Property Law | Date: | Hits: 69

Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)

.... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ......ade the lands fit for cultivation and began to live on some land by constructing huts therein. Thus, they assert that they have been in possession of the lands in suit in rayati right on payment of rents. The defendants also pleaded that the entry in the khatian in the name of Abdul Kader in raya..

Category: Property Law | Date: | Hits: 67

Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)

....this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......after the Wakf Estate kept the suit property under its khas possession and subsequently on 7.3.1947 executed a patta in favour of the plaintiff No. 1 and his brother and let out the same at an annual rental of Rs. 10.00 The defendant No. 1, the Province of East Pakistan, auction purchased the jote' ..

Category: Civil Law | Date: | Hits: 137

Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)

..... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ......nd interest in the suit land. Defendant No.1 served notice upon the plaintiffs’ tenants claiming title over the suit land and on receipt of this notice; the plaintiffs’ tenants stopped payment of rent to them. Hence the suit for declaration of title as also for a declaration that the notice of t..

Category: Tenancy Law | Date: | Hits: 82

Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)

.... history of Bangladesh and in doing so his youthful exuberance and lack of self-restraint took the better of him and he gave way to some awful and artless expressions and exclamations which is not expected of a seasoned and experienced writer writing on such sensitive subjects. After the issuanc...... The Contempt of Courts Act, 1926 (XII of 1926), Section 2 The Court will not hesitate to deal with member of the subordinate judiciary if he is not cautious, restrained, respectful and deferential with regard to the highest judiciary ……….(10)  Lawyers Inv..

Category: Criminal Law | Date: | Hits: 75

Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)

....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......ndents instituted Other Suit No. 62 of 1975 in the Court of Munsif, Kurigram for ejectment of the defendant appellants from the suit premises, recovery of vacant possession and for recovery of arrear rent of Taka 900.00. The case of the respondents is that the defendant appellants were tenants under..

Category: Tenancy Law | Date: | Hits: 62