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Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)
....ding loss, US$ 2,000,000 equivalent to Taka 110,000,000 for international market loss and US$ 5,000,000 equivalent to Taka 275,000,000 for injury to health causing mental agony and shortening of life expectancy, totaling in all Taka 440,000,000. Plaintiffs offer being firm bid No. F1431 dated 31-9-9......udge rejected both the applications and fixed 17-1-2001 for filing of written statement. 5. The Joint District Judge by his order dated 25-11-2001 rejected the application fixing 17-1-2002 for ex parte hearing. The respondent No. 1 filed an application under section 115 (1) Code of Civil Proced......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....gar Khan and Mr. Justice Shamsul Huda and their Lordships gave dissenting judgments. Mr. Justice Md. Ali Asgar Khan made the Rule absolute declaring the order dated 30-5-2002 issued by the Government extending the order of detention of the detenu for 3(three) months with effect from 29-6-2002 on the......ively. If the word 'or' is read disjunctively then the placement of the grounds and calling for such further information as it may deem necessary from the government shall be absolutely an ex parte affair and the detenu shall be deprived of the opportunity of defending himself which would be......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....nable for taking action against them. He further stated that the promotional committee took steps for promotion of them for the public interest as there was dearth of efficient staff to manage the expanded directorate after liberation of Bangladesh. But the proceeding against the petitioners was ......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......ent Servants (Discipline & Appeal) Rule, 1976 Rule 3 Retirement after completion of 25 years of service with full pension benefit is not a punishment and it is altogether different from dismissal. Removal or compulsory retirement and any such punishment is governed under rule 3 of the..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....ka 45,07,386.00 from the petitioner during the period from 11th March, 1999 to 31st December, 1999. In acknowledgment of the receipt of the said amount, the company issued a statement of accounts (Annexure A) on 8th May, 2000, in favour of the petitioner, which shows that the respondent-company ow...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ...... which is three times the face value of the cheques. As such he submits that for the self same alleged debt, two proceedings cannot run side by side against the company. On these grounds he prays for dismissal of the petition. 10. Mr. Khaled H Chowdhury, the learned Advocate, appearing on behalf ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Government of Bangladesh and another Vs. Golam Rabbani and others, 2003, 32 CLC (AD)
....nlisted as an abandoned property and the same should be released from the list of abandoned property. 4. The Court of Settlement by its judgment dated 31‑5‑1994 refused to exclude the house from the list of abandoned buildings though the suit was filed on 25‑11‑1985 a....... However, dismissal of the leave petition will not affect the character of the property which will be decided in the suit. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 90. ......earned Additional Attorney‑General for the petitioners could not submit any cogent ground before us for allowing the civil petition for leave to appeal. The leave petition is dismissed. However, dismissal of the leave petition will not affect the character of the property which will be decided ..Category: Property Law | Date: 22 Apr, 2002 | Hits: 107
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....t, 1908 (IX of 1908), Section 5 The government appearing as a litigant with a petition under section 5 of the Limitation Act and it is found that the government has given satisfactory explanation for delay in filing the case where there is substantial public interest involved, there......recorded in CS and RS Khatian but in the PS and BS Khatian the names of the respondents was recorded and the Government claimed the said property. 3. The aforesaid suit was decreed ex parte on 20‑2‑1986 and respondent filed Miscellaneous Case No. 28 of 1986 under Order I......isted the same by filing written objection. The learned Additional District Judge by judgment and order dated 27‑7‑1995 allowed the Miscellaneous Case by setting aside the order of the dismissal and restored the Miscellaneous Appeal No. 107 of 1987 to its file and number. Being aggri..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....e same on the basis of a kabuliyat dated 31 Baishak, 1332 BS. Thereafter, by amicable partition between themselves Mahim Chandra Aich got the land mentioned in the schedule I of the plaint and was in exclusive possession of the property for more than 50 years by constructing building and huts thereo......Record‑For the Appellants. Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For Respondent Nos. 1 and 3. Respondent Nos. 1‑9‑Ex‑parte. Civil Appeal Nos. 13 & 14 of 1996. (From the judgement and order ......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....g parties and, as such, the learned Single Judge of the High Court Division erred in law in setting aside the judgment and decrees of the Courts below based on concurrent findings of fact and thereby exceeded the revisional jurisdiction under section 115(1) of the Code of Civil Procedure which resul......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....ters, Mabia Khatun and Rahima Khatun and a wife, Afserunnessa as his only heirs and legal representatives. Then Matiur Rahman and others agreed to sell the suit land to Habib Box and Nabijan Miah and executed a registered agreement on 28-8-56 and put them in possession in part performance of the agr......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ......e said owner, while defendant No. 6, the Government, claimed to have requisitioned the suit property on 23-7-47 and allotted it to class-IV employees. In affirming the decision of the Courts below of dismissal of the suit, Mr. Fazle Munim CJ, was of the view. "In the present case there is..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
.... of procedure in arriving at the concurrent findings of fact by the first two courts the learned Single Judge travelled beyond his jurisdiction in interfering with the decision of the courts below in exercise of his power under section 115 of the Code of Civil Procedure. He further submitted that th...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
.... Judgment March 4, 2002. The Limitation Act, 1908 (IX of 1908), Article 181 As the execution case was pending, it was not hit by Article 181 of The Limitation Act and it is the duty ...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ......rt had held that the other Execution Case No. 70 of 1964 was barred by limitation as per provisions of article 181 of the Limitation Act as the case was ‘revived' after about 14 years since the dismissal of the Second Appeal No. 5 83 of 1964 on 4‑8‑1978. Article 181 of the Limitati..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....he plaintiffs agreed to purchase the proposed lands and the price of the same was fixed at Taka 1,32,000 only; both the parties entered into an agreement. The agreement dated 8‑4‑1993 was executed and registered in the sub‑registrar's office Brahmanpara on the same day and an amoun...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ......acres of land, recitals in the bainapatra are contradictory and unlawful and the plaintiffs in order to grab the property prepared the agreement on some illegal terms in the bainapatra and sought for dismissal of the suit. 4. The suit was decreed and on appeal the sa..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Mahbubur Rahman and others Vs. Agrani Bank and another, 2003, 32 CLC (AD).
....1. The Code of Civil Procedure, 1908 (V of 1908), Or XVII rule 1 Adjournment is entirely discretionary but the discretion must be exercised judicially. Adjournment cannot be allowed as a matter of course, even if both the parties......he heba-bil-ewaj executed in favour of respondent No. 2 was cancelled by a registered instrument and thus respondent No. 2 had no right, title and possession in the suit land. The suit was decreed ex parte on 21‑2‑1998. On 14‑10‑1998 the officer of respondent No. 1 told respo......ity in the impugned order. The petition is accordingly dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 61. ..Category: Procedural Law | Date: 19 Nov, 2001 | Hits: 101
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....Civil Procedure against order No. 101 dated 11-8-94 passed by the Subordinate Judge, 2nd Court at Mymensingh in Officer in Charge Execution Case No. 8 of 1993 by which the prayer for dismissal of the execution case after adjustment of decretal debt was rejected, and the mortgaged properties were ord......t No. 219 of 1985 and Suit No. 220 of 1985 were also instituted by the Bank against the petitioner for recovery of loan advanced for purchase of the trucks and on 20-9-86 both the suits we decreed ex parte. Miscellaneous cases brought by the petitioner against the ex parte decrees also failed. Misce......5 of the Code of Civil Procedure against order No. 101 dated 11-8-94 passed by the Subordinate Judge, 2nd Court at Mymensingh in Officer in Charge Execution Case No. 8 of 1993 by which the prayer for dismissal of the execution case after adjustment of decretal debt was rejected, and the mortgaged pr..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....bed in Schedule 1 belongs to him and to his two other brothers and that upon amicable settlement with the brothers, (defendant No. 2) as well as with the predecessor of defendant Nos. 5-9, got in his exclusive share the land described in Schedule 1(a), that he and his two other brothers had rent rec......e Appellants. Sk. Afzalur Rahman, Advocate, instructed by Shariftddin Chaklader, Advocate-on-Record—For Respondent No. 1(a). Ex-parte—Respondent Nos. 1 (b)-1 (e). Not represented—Resp......r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....deliver vacant possession of the case property within six months from the date of receipt of the copy of the judgment and which according to the contempt petitioner was served on 18-7-1999 before the expiry of six months as directed notices for contempt of court were issued on 4-7-1999 and 30- 11-19......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)
.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ...... BS to the plaintiff but he did not grant any receipt and the rent for the month of Magh 1391 BS was sent by money order which was returned on 26th February, 1985. The contesting defendant prayed for dismissal of the suit. 4. On taking evidence the learned SCC Judge decreed the suit ..Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75
Bangladesh Road Transport Corporation and another Vs. Md. Shahidulla, 2002, 31 CLC (AD)
....is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ......is distinguishable from the facts of the present case. The fact of the present case has no manner of application with reported decision. The petition is dismissed. Ed. ......order of termination of the respondent passed by petitioner No. 2 on 10-1-1993 under Regulation 55(2) of the Service Regulation 1990 is a termination simpliciter or it is a termination in the garb of dismissal. 3. It appears that the respondent who was an Engineer in the Bangladesh..Category: Employment/Service Law | Date: 5 Dec, 2000 | Hits: 84
....ed upon an application under Article 102(2)(a)(ii) of the Constitution of the Peoples Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order dated 3-4-1983 (Annexure C) passed by the respondent No.3 Chairman, First Labour Court, Dhaka in Appeal No.1 of 1993 an......the Union of employees of the samity as Trade Union are declared to have been made without lawful authority and are of no legal effect.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 151.......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, layoff or removal has led to that dispute, but does not include ..
Category: Labour and Industrial Law | Date: 18 Nov, 1999 | Hits: 2118
Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....11-96 passed by the Senior Assistant Judge, Jamalpur in OC Execution case disallowing the petitioner’s prayer for making amendment in the schedule of the plaint and a corresponding amendment in the execution case under section 151 of the Code of Civil Procedure has been called in question. 2. S......urt of the Senior Assistant Judge, Jamalpur being Other Class Suit No. 184 of 1987, praying for declaration of title and recovery of khas possession in the suit property and eventually obtained an ex parte decree therein on 18-4-98. Thereafter, the defendant-opposite parties filed an application und......cedure for setting aside the ex parte decree whereupon Miscellaneous Case No.18 of 1992 was started but the said Miscellaneous Case was ultimately dismissed on contest. Against the aforesaid order of dismissal the defendant opposite parties took an appeal before the District Judge, Jamalpur being Mi..Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
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