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Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
.... No.1 of 2004. Judgment Md. Imman Ali J.-This Miscellaneous Case arises out an application under Order IX, rule 13 read with section 151 of the Code of Civil Procedure for setting aside the ex parte judgment and decree dated 18‑5‑2004 and 29‑8‑2004 respectively passed by this Hon&#.......1 of 2004. Judgment Md. Imman Ali J.-This Miscellaneous Case arises out an application under Order IX, rule 13 read with section 151 of the Code of Civil Procedure for setting aside the ex parte judgment and decree dated 18‑5‑2004 and 29‑8‑2004 respectively passed by this Hon'......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
....e basis vide allotment order No.2033/CHS dated 22‑5-1961 by the erstwhile Government of East Pakistan on certain terms and conditions. Subsequently, a lease deed No.7768 dated 14‑12‑61 was executed and registered by the then Government of East Pakistan in favour of Md. Yasin and possessio......nate Judge for specific performance of contract against the said two vendors and the Government of Bangladesh, represented by the Secretary, Ministry of Works. The said suit was eventually decreed ex parte in favour of the petitioner on 14‑4‑79 directing the aforesaid vendors, namely Shamim Ahme...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
.... point of acquiescence and affording opportunity to the parties to adduce fresh evidence. 10. It is needless to mention here that the date of accrual of right of pre‑emption is not the date of execution or presentation of the kabala but the date of registration under section 60 of the Registr......nother Vs. Niron alias Niranjan Mandal and others, 1997 BLD (AD) 294. Lawyers Involved: Probir Neogi, Advocate instructed by Sufia Khatun, Advocate‑on‑Record ‑ For the Appellant. Ex parte ‑ The Respondents. Civil Appeal No.52 of 2003. Judgment MM Ruhul Amin J. - This ......s been miscarriage of circumstances and this requires interference by us. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 23...Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
.... on 23‑11‑99 first presented FMA No.92 of 2000 against order dated 28‑7‑99 passed by the Subordinate Judge and Artha Rin Adalat No.4 at Dhaka in Title Suit No.205 of 99 which decreed the suit ex-parte and made the award dated 11‑1‑95 Rule of the Court. Then, the appellant on payment of a...... 23‑11‑99 first presented FMA No.92 of 2000 against order dated 28‑7‑99 passed by the Subordinate Judge and Artha Rin Adalat No.4 at Dhaka in Title Suit No.205 of 99 which decreed the suit ex-parte and made the award dated 11‑1‑95 Rule of the Court. Then, the appellant on payment of ad-v...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....4. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Merely on the ground of delay criminal proceeding is not liable to be quashed except in case of exceptional nature. In the instant case in the background of the case noticed it......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ......o. 345 of 199 1. The High Court Division by the judgment dated July 2, 1998 quashed the proceeding of the Special Case No. 12 of 1985 of the Court of Special Judge upon observing that as the order of dismissal of the respondent No. 1 has been declared void and without jurisdiction and that the Court..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
SM Salim Vs. Chairman, Chittagong Club Ltd. and others, 2005, 34 CLC (AD)
....eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......eads to support the allegation of the first party that the termination was, in fact, a victimisation for his trade union activities. These petitions are accordingly dismissed. Ed. ......Abdur Rob Chowdhury, the learned Counsel appearing for the petitioner, submits that the learned Judges of the High Court Division erred in law in not considering that the termination, in fact, was dismissal under the garb of termination, inasmuch as it appears from the record that the petitioner..Category: Employment/Service Law | Date: 1 Aug, 2004 | Hits: 100
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
.... Judgment July 27, 2004. Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpart of ownership. Possession is a rig......e issuance of this Rule are that, one Mossammat Anowara Begum instituted the Other Suit No.18 of 1980 on 5‑2‑1980 in the Court of the Munsif, Thakurgaon, Dinajpur praying for setting aside the ex parte decree passed on 24‑5‑1979 in the Other Class Suit No.400 of 1978 declaring the same illeg......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....eement provides that the reference shall be to two arbitrators, one to be appointed by each party within the understanding of section 9 of the Act…………….(16) An ex parte judgment may not be as exhaustive as required by rule 4(2) of Order XX of the Code but it m......ent provides that the reference shall be to two arbitrators, one to be appointed by each party within the understanding of section 9 of the Act…………….(16) An ex parte judgment may not be as exhaustive as required by rule 4(2) of Order XX of the Code but it must......ucceeds. 35. In the result, the appeal is allowed with cost impugned judgment making the award Rule of the Court and decree followed thereto are hereby quashed and set aside. 36. In view of dismissal of the appeal, connected Rule being No. Civil Rule 551 (FM) of 2002 is hereby disposed of...Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ur Tea Estate described in schedule‑B to the plaint. Thereafter, a deed of agreement was drawn up and signed by the parties in September, 1960 and in terms of the deed of agreement a deed of exchange was executed on behalf of Sudhir Kamal Sen and his co‑shaarers through their constit......09;Record‑For the Appellants. Md. Fazlul Karim, Senior Advocate instructed by Md. Nawab,414 Advocate‑on‑Record‑For Respondent Nos. 1‑7. Ex parte‑Respondent Nos. 8‑12 Civil Appeal No. 279 of 2001. (From the j......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... cause as to why sections 6 and 7 of the Artha Rin Adalat Ain, 1990 insofar as they provide for payment of 50% of the decretal amount when it was sought by the defendant petitioner to either have the ex parte decree set aside under Order IX, rule 13 of the Code of Civil Procedure or for preferring a......use as to why sections 6 and 7 of the Artha Rin Adalat Ain, 1990 insofar as they provide for payment of 50% of the decretal amount when it was sought by the defendant petitioner to either have the ex parte decree set aside under Order IX, rule 13 of the Code of Civil Procedure or for preferring an a...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
....jection of the plaint contending, inter alia, that there is no proof of any act of bankruptcy against the petitioner company, that the company is also able to pay its debts to the respondent Bank (Annexure-D). After hearing, the said application was rejected by an order dated 7-11‑2000 (Annex......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
......f the bankruptcy case on 24‑1‑2000 (Annexure-B) the defendant petitioners filed an application on 31‑8‑2000 (Annexure-1) under section 28 of the Bankruptcy Act (the Act, in short) praying for dismissal of the plaint. A written objection was filed on behalf of the respondent-bank on 24‑3‑..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
.... that although the appellant took time by filing application under TM 55 on 20-4‑97 yet on 11‑6‑97 he again prayed for time, and the Registrar after rejecting the prayer for time heard the case ex parte and allowed the application filed by the respondent cancelling the earlier order dated 29â€......at although the appellant took time by filing application under TM 55 on 20-4‑97 yet on 11‑6‑97 he again prayed for time, and the Registrar after rejecting the prayer for time heard the case ex parte and allowed the application filed by the respondent cancelling the earlier order dated 29‑4â...... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ..Category: Others | Date: 5 May, 2004 | Hits: 4
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....l uncomforting to requirement of law the relief sought for instead of refusing the same is to be given to advance the cause of justice and to ameliorate the condition of aggrieved for which the Court exits. 17. It is seen from the judgment of the High Court Division, in both the appeals, that the s......Advocate-on-Record-For the Appellants (In both the appeals) Abdul Wadud Bhuiyan,Senior AdvoÂcate instructed by Md. Aftab Hosain, Advocate-on-Record- For Respondent No. 1-3 (In both the appeals) Ex-parte - For Respondent No. 4-36 (In both the appeals) Civil Appeal Nos. 84& 85 of 1999 Judgmen......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....stated in the judgment of AAT upon importing the concept of proportionality which has no application in the instant case and thus it is not sustainable. Moreover doctrine of proportionality is non-existent in the field of administration of justice in Bangladesh. …………&...... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ...... Vs. Khandaker Badrudduza ......................Respondent Judgment April 6, 2004. Service Matter Punishment- In modifying the order of dismissal in the manner as stated in the judgment of AAT upon importing the concept of proportional..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....ort Authority and others…....Respondents Judgment April 6, 2004. The Constitution of Bangladesh, 1972, Article 102 When the contract is entered into by a public authority in exercise of its statutory power in terms of statutory provisions any breach thereof may entitle the ......ocate‑on‑Record‑ For the Appellant. Mahmudul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate‑on‑Record‑For Respondent No. 1. Dispensed with‑ Respondent No.2. Ex parte‑ Respondent No.3. Civil Appeal No.300 of 2002. (From the judgment and order dated...... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ondents Judgment April 5, 2004. The Code of Civil Procedure, 1908 (V of 1908), Section 107 The impugned solenama having not been sent for examination by hand-writing expert of the signature appearing on the solenama and genuineness of th......application by the defendant respondent even after 29‑7‑1991, tile date of filing the alleged solenama in court, praying for chance to contest the suit, setting aside the order of ex parte disposal, the trial Court ought to have taken steps in order to satisfy itself as to genuinene......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....‑2‑1992 for enquiry, but the wife of the respondent No. 1 being ill he could not appear and prayer for time was made which being not allowed the management proceeded with the proceeding ex parte and thereafter dismissed him from service on 26‑2‑1992 effective from 27‑......209;2‑1992 for enquiry, but the wife of the respondent No. 1 being ill he could not appear and prayer for time was made which being not allowed the management proceeded with the proceeding ex parte and thereafter dismissed him from service on 26‑2‑1992 effective from 27‑2&...... 7. On perusal of the judgment passed by the Labour Court it appears that the said court observed that no legal enquiry took place against the respondent No. 1 and, as such, the order of dismissal of the respondent No. 1 cannot sustain ( Otoyeb dekha jay je todonter opor ditti koriya ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
....
In accordance with the provisions of section 18(2) of the Act, a worker cannot be kept under suspension for more than 60 days and since the order of suspension dated 31‑5‑1998 of the first-party expired after the expiry of the said 60 days by efflux of time on 31‑7-1998, he would be deem......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......o an industrial dispute includes a person who has been dismissed, discharged, retrenched, laid-off or otherwise removed from employment in connection with or as a consequence of that dispute or whose dismissal, discharge, retrenchment, lay-off or removal has led to that dispute, but does not include..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....n section 96(10)(a) of the Act………………………..(6) Burden of proof Burden of proof is the obligation to adduce evidence to the satisfaction of Court in order to establish the existence or non existence of a fact contended by a party. The provision as to burden of proof is f...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ......sses had been also examined from the said of vendor petitioner. e. Learned Senior Assistant Judge, Naria by Judgment dated April 20, 1999 dismissed pre-emption Miscellaneous case. In recording dismissal learned Senior Assistant judge found that the deed of transfer was accompanied by an Agre..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
Md. Rahimuddin Mia (Bharasa) Vs. The Registrar of Trade Marks and another, 2003, 32 CLC (HCD)
.... was issued upon the opposite party Nos.1 and 2 to show cause as to why the Trade Mark registered under the name of "Aziz Biri" bearing No.40518 in Class-34 dated 5.5.1994 together with its existing features of label, get up and design should not be expunged from the Register of Trade Mark......class 34 dated 5.5.94 together with its existing features of label, get up and design. There will be no order as to costs. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 233. ...... be determined in order to see whether the particular mark or word is rightly on the register………………….. 13. The case indicates that even after the dismissal of an appeal of the opponent, the opponent can file a rectification case. Thus it is clear..Category: Intellectual Property Law | Date: 15 Dec, 2003 | Hits: 18
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