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Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......d TS No. 50 of 1969 for correction of record and got a decree; that in pursuance of the said decree the SA records were corrected in their name and they have been possessing the same on payment of rent; that having come to know on 28-4-85 the conspiracy of the defendants to dispossess them from ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......intiffs would execute the kabala but the defendant would pay the entire consideration after completion of the pending requisition case in respect of the property and till then the defendant would pay rent at the rate of Tab 40.00 per month as before. In pursuance of the said agreement the plaintiffs..Category: Tenancy Law | Date: | Hits: 88
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ......appeal turns upon the question whether the High Court Division, in exercise of its powers under section 115 of the Code of Civil Procedure, acted beyond its jurisdiction, in setting aside the concurrent findings of the first two courts below and sending back the case on remand. 3. The fac..Category: Procedural Law | Date: | Hits: 140
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ...... leave by the defendant-appellants is from the judgment and order dated 4-2-93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 497 of 1990, setting aside the concurrent decree of dismissal of Title Suit No. 106 of 1977 of the Court of Subordinate Judge, Ku..Category: Property Law | Date: | Hits: 77
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ...... a gadighar on the suit land and let it out to one Narendra Arang. In 1965 Narendra left the country. Defendant No. 2 thereafter leased out the premises to the plaintiff in June, 1967 at a monthly rental of Taka 50.00. The plaintiff paid rent upto the middle of 1975 but did not pay any further r..Category: Property Law | Date: | Hits: 72
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ......laintiff respondent being that a deed of lease was executed on 2-1-88 by and between himself and the alleged Chairman of a Kindergarten School namely Sunflower Kindergarten for 2 years at a monthly rental of Taka 2,000.00 per month, the courts below erred in law in accepting the alleged lease dee..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....raud upon the court the plaintiff got the Suit disposed of ex parte and that on January 4, 1988 the regular presiding officer of the Court had been on leave and, as such, the defendants reasonably expected, as a matter of practice, that the learned Judge-in-charge for the day would not hear the ......ust (briefly DIT) now RAJUK defendant No.3, procuring an income tax clearance certificate from the relevant authority and liquidating all other liabilities in respect of the suit property. On different pretext those defendants, received on June 4, 1976 further amount of Taka 1,00,000.00 and agai..Category: Property Law | Date: | Hits: 76
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ...... Act. Sub-articles 2 and 3 of Article 21 President’s Order No.27 of 1973 read as follows: “Sub-article (2): All sums due to the bank shall be recoverable as arrears of rent revenue; “Clause (3) : In the application of the Public Demands Recovery Act,..Category: Business or Commercial Law | Date: | Hits: 150
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....ievances of the petitioner. 5. There may be transactions in which a member of the lower judiciary may himself be a party and if such transactions are impugned in the lower judiciary, it is expected that the lower judiciary will dispose of the suit as impartially, objectively and without ......High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ..Category: Property Law | Date: | Hits: 71
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......he said fishery from Kali Prashad Chakraborty and others, ex-landlords of Nayasarak, Sylhet. On the death of his father the petitioner became an owner thereof along with the co-sharers. They had no rent-receiving interest. During the survey settlement made under the State Acquisition and Tenancy..Category: Property Law | Date: | Hits: 90
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ......years. He constructed a two storied one unit small building thereupon and then sold it to one Mrs. Syeda Khatun in 1963. The house was illegally taken over as abandoned property and allowed to different persons/authorities. On the death of Syeda Khatun her husband Syed Sulaiman Ashraf inherited ..Category: Property Law | Date: | Hits: 74
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ......emises having been returned unserved with the remark of the postal authority ‘left’ was presumed to be good service, for the purpose of this Ordinance…………………………(12) The rent admittedly sent by money order for the month of March and April 1986 together so the defendant ..Category: Tenancy Law | Date: | Hits: 93
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......e tenancy to resist a suit for eviction on ground of purchase from a co-sharer without surrendering his possession to the landlord. The petitioner was a tenant under the respondents to whom he paid rents upto December, 1990, he is debarred from setting up a claim of title in himself to resist th..Category: Property Law | Date: | Hits: 69
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ......ff, that the defendants failed to substantiate their claim of auction purchase and also possession in the disputed land and that the plaintiff has been in possession of the said land on payment of rent. 5. The contesting defendants took an appeal being Title Appeal No. 30 of 1977 therefr..Category: Property Law | Date: | Hits: 49
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ...... The plaintiff further claims that her mother orally gifted the ground floor of Holding No. 60/1, Purana Paltan to her on 29-8-77 and requested the monthly tenants both verbally and in writing to pay rent to the plaintiff. In pursuance to that request most of the tenants began to pay the plaintiff b..Category: Tenancy Law | Date: | Hits: 78
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......dhat Union itself being separated by a river from the rest three Unions of the nikah registration area of the petitioner, on the demand and for the convenience of the local people and upon a proposal rent by the local Chairman of the Union Parishad, recommended by the Thana Nirbahi Officer, the Dist..Category: Employment/Service Law | Date: | Hits: 137
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......sferred the suit land by 3 registered kabalas to the contesting defendants and since purchase, they have been possessing the suit land by mutating their names in the relevant record and on payment of rent to the Government. 4. On consideration of the testimonies of 4 PWs and 5 DW5 and other doc..Category: Property Law | Date: | Hits: 74
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......but with Sujanagar PS, which was adjacent to Bera PS. The FIR did not disclose at whose instance the case and inquiry were taken up. It was not even stated that the DAB took up the case suo motu. Apparently the DAB following up the inquiry stopped by the learned Magistrate on 10-6-87 lodged the FIR...Category: Procedural Law | Date: | Hits: 120
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....thing can be more unfair if a public authority in exercise of its power takes such a posture of easy convenience. It is like saying: Head I win tail you lose. Such things are said in jest but are not expected of public functionaries who are custodian of public power. Even if it is accepted for argum......me was not adopted by any notification in the Official Gazette the said Rules got no statutory force binding the authority in its application. 8. The last two submissions of Mr. Bhuiyan which apparently bear the stamp of desperation can hardly be entertained. The respondent clearly states in his..Category: Employment/Service Law | Date: | Hits: 145
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ng effect on the subordinate judiciary in disposing criminal justice in Bangladesh.’ The learned Judge even after this observation is not taking due care in disposing a criminal appeal which is not expected of a Judge of the High Court Division. Let a copy of this judgment be transmitted to the au......ach, in default to suffer rigorous imprisonment for one year more. 2. This case relates to murder of Munir Hossain and Khaleque @ Khaled and an attempt to murder Swapan on the same day at two different places in the city of Dhaka. The prosecution case is that, on 7-5-91 at about 8-30 PM accused r..Category: Criminal Law | Date: | Hits: 108
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