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Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
....est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......dingly, the petitioners paid rent to the Government up to 1997, Annexure-E series. It has also been stated that the petitioners have been possessing and enjoying 41.24 acres of land through different tenants. During the recent Mahanagar Survey Operation the draft record-of-rights (Tasdik Stage) was ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......der Order VII, rule 11 read with section 151 of the Code of Civil Procedure for rejection of the plaint stating inter alia that after expiry tenure of the lease agreement the plaintiffs being monthly tenant under the defendant have no locus-standi to file suit for permanent injunction against the de..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
A.K.M. Fazlul Haque and Others Vs. Privatization Commission and Others, 2014, 43 CLC (HCD)
....2002, there are 4(four) posts of Director and one Legal Advisor in the Commission. The Legal Adviser of the Commission shall be appointed by deputation and in case of failure, he will be appointed on contractual basis. Anyway, the Commission treats the post of Legal Advisor as Director (Law) for all......, the Rule is disposed of with the above observations made in the body of the judgment without any order as to costs. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 17 ..Category: Employment/Service Law | Date: 20 Nov, 2014 | Hits: 0
Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)
....ugned judgment and order of the High Court Division. Accordingly, the appeal is dismissed, without however any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 240 ......ff at consideration of Taka 45,000 and accordingly receiving Taka 2,000 he executed a bainanama. He did not execute any bainanama for the land of plot No. 846. The husband of the plaintiff was a tenant of defendant No.1 and having had good faith on him he without reading and understanding the c..Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6
Shawkat Hossain (Md.) and another Vs. Golam Mohammad and another, 2014, 43 CLC (HCD)
....ith law. Send copy of this judgment to the appellate Court below along with the lower Court record, if not already sent back. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 27 ......g before Court, clearly stated that the signatures appearing in the exhibit-5 series are not his signatures. In course of cross-examination the defendant No.1 stated thus: "Whether one tenant at that time took my signature to get gas connection-I could not remember". 12. It ..Category: Evidence Law, Property Law | Date: 20 Sep, 2014 | Hits: 10
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
....Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2 ......b Ahmed Khan .......................Appellant Vs. Sabbir Ahmed Chowdhury....................Respondent Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted if he is a defaulter in payment of rent, if the landlord needs t..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 13
Intekhab Ahmed Khan Vs. Sabbir Ahmed Chowdhury, 2014, 43 CLC (AD)
....dgment delivered by the High Court Division is set-aside and the judgment and decree passed by the trial Court is hereby restored. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 2. ......ntekhab Ahmed Khan.....................Appellant Vs. Sabbir Ahmed Chowdhury.................Respondent Judgment September 17, 2014. Result: The appeal is allowed. A tenant is liable to be evicted under the Premises Rent Control Act (1) if he is a defaulter in..Category: Tenancy Law | Date: 17 Sep, 2014 | Hits: 6
Subarna Garments Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....oriented garment industry to cut and manufacture the garments from the cloth it supplied to the export oriented garment industry. Therefore, the job to have been done by the garment industry is not a contractual job rather a job done under the provision of L/C under the provision of purchase order. ......answered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 3 Sep, 2014 | Hits: 1
Peoples Insurance Company Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....nswered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......fice Building of its own using 5 Floor for the business purpose of the assessee, out of which 2 floor as office, 2 floor as garage and ground floor as Lobby and the rest as a commercial office of the tenant let out by the assessee. B)Whether on the facts and circumstances of the case the capita..Category: Fiscal/Taxation Law | Date: 24 Jul, 2014 | Hits: 0
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
.... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ....... 37-41 (government officials) also contested the suit by filing written statements. The material case of these defendants is that the SA recorded landlord Mohadeb Singh brought rent suit against the tenant for non-payment of rent and obtained decree-and took the suit land in his khas possessio..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....ourt below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......original holding/tenancy remains intact and there is no division or separation of tenancy. Section 24 of the Non-Agricultural Tenancy Act has given the right of pre-emption to the co-sharer tenants of the non-agricultural land while section 96 of the State Acquisition and Tenancy Act has g..Category: Tenancy Law | Date: 28 May, 2014 | Hits: 22
Asad Ali (Md.) and another Vs. Golam Sarwar and others, 2014, 43 CLC (AD)
....sion and also that of the appellate Court below are set-aside and the case for pre-emption be dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 315. ......original holding/tenancy remains intact and there is no division or separation of tenancy. Section 24 of the Non-Agricultural Tenancy Act has given the right of pre-emption to the co-sharer tenants of the non-agricultural land while section 96 of the State Acquisition and Tenancy Act has g..Category: Civil Law, Property Law | Date: 14 May, 2014 | Hits: 7
Nurul Hoq Bhuiyan Vs. Momtazul Islam and others, 2014, 43 CLC (HCD)
.... separate saham for 4.42 acres of land. In the circumstances both these two Civil Petition for Leave to Appeal be dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 51. ......2nd wife was pregnant and after his death his wife gave birth to a son namely, Abdul Gafur Bhuiyan— who subsequently died leaving defendant Nos.66-76 as his heirs. That the heirs of CS recorded tenant Ashraf Ali, Anser Ali and Amjad Ali have been impleaded as defendant Nos.77 to 81, That the d..Category: Property Law | Date: 12 May, 2014 | Hits: 6
Ayub Hossain Khan (Md.) Vs. Bangladesh and others, 2014, 43 CLC (AD)
....as a quasi equitable remedy, about which Lord Pearson stated, " Promissory estoppel was far removed from familiar estoppel by representation of fact and seems to be more like waiver of contractual rights" (Woodhouse AC Israel Cocoa Ltd. Vs. Nigerian Produce Marketing Co. Ltd. 197......ose jurisdiction it is situate, provided that no such approval shall be necessary for granting lease or letting any such property for a period not exceeding one year at a time (III) no lessee or tenant of a vested property shall acquire any right of occupancy and shall not be entitled to hold o..Category: Civil Law, Property Law | Date: 4 May, 2014 | Hits: 20
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ......laintiff. Kalipada Chakraborty sold his eight annas shares in schedule-1 of the suit land to Hazi Sobhan Chowdhury by a registered deed of sale dated 24-5-1973. Defendant No.1 was a monthly temporary tenant in a shop under defendant No.2 and, as such, he was aware about the execution of the said bai..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ......ises on 1-2-1999 to my client(s) or their representatives failing which legal action would be taken against you and you would be charged a sum of Taka 5,000 per diem by your illegal occupation of the tenanted premises'. On a cursory glance of the trial Court's judgment it may be presumed tha..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
.... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ......ion that will be without jurisdiction. 12. In the decision in the case of Fazlur Rahim Vs. Shamsul Hilda reported in 29 DLR 380, it has been spelt out that a suit for ejectment of a monthly tenant is triable exclusively by the Small Cause Courts Act and though it is filed as a title suit, ..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
Abdul Hakim (Md.) Vs. Md. Nazrul Islam and others, 2014, 43 CLC (AD)
....er appreciation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 157. ...... In the counter affidavit filed by the pre-emptor, it has been asserted that the land of the case holding was not partitioned by the metes and bounds and, as such, the pre-emptor is still a co-sharer tenant in the case holding by inheritance. The pre-emptor, however, did not deny that by a regi..Category: Property Law | Date: 20 Jan, 2014 | Hits: 44