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Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)
....sent case inasmuch as the Court in restoring the suit merely corrected the mistake of its officers of not informing the learned advocate of the parties about the receiving back of the record and the next date fixed. Cases Referred to- Allahdino VS. Fakir Mohammad & another 21 DLR (SC......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ......ed Subordinate Judge as also the High Court Division committed substantial error in not holding that the application under Order 9 rule 9 CPC having been filed beyond 30 days of the impugned order of dismissal in contravention of Article 163 of the Limitation Act, the same was barred by limitation. ..Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108
Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)
....h requirement in the Rules to assign reasons for termination. Similarly, the principle of natural justice by serving a show cause notice is also not applicable in this case as this principle has been excluded in the Rule Itself. The appointing authorities have has also the power to reinstate a termi...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ......and the like, by separate writ petitions, challenged the orders of termination alleging that they were punished in the garb of termination that it was not a case of termination simpliciter but it was dismissal from service without serving any show cause notice or assigning any reason, that the order..Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101
Abdul Hai Sikder and another Vs. State, 1990, 19 CLC (AD)
.... can very well be the basis of conviction if his evidence is full, complete and self contained, stands fully corroborated by circumstances and medical evidence on record and remains unshaken by cross examination. Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by M ...... fullness and completeness are enough to justify the conviction. We find no merit in this appeal. Hence the appeal is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) 95. ......Eight other accused persons were convicted and sentenced in the same trial under section 148 of the Penal Code by the Trial Court. They did not appeal. Only the accused‑appellants appealed and upon dismissal of the same obtained leave in this appeal from this Court. 6. Leave was granted to c..Category: Criminal Law | Date: 1 Aug, 1990 | Hits: 91
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....btained a decree in Title Suit No. 73 of 1980 from the Court of 3rd Subordinate Judge, Comilla on 6.7.81. The plaintiffs' tide to the suit land was decreed and their possession was also confirmed except the land in plot No. 255 was to be recovered by way of execution of the decree and by dismant......6. Lawyers Involved: MG Bhuiyan, Advocate-on-Record - For the Appellants. Mahbubey Alam, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent No. 3. Ex parte - Respondent Nos. 1-2 and 4-12. Criminal Appeal No. 39 of 1985. (From the Judgment a......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....it it is stated that the bank‑in‑liquidation purchased the same in 1945 from M/s. Md. A Gani, Md. A Majid and Md. A Hamid who got title over [he said property by virtue of a deed of Heba Bil Ewaj executed and registered by their father on 20Lh Ashar, 1341 BS (July, 1935). The property in dispute...... submits that he has adopted all the arguments of Mr. Mahmudul Islam and he has nothing more to add to it.
In the result, this suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Re......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
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Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
...., trustworthiness, etc, of witnesses are matters pertaining to the domain of appreciation of evidence, a special preserve of the Trial Court and the first Appellate Court and once the option has been exercised by the Courts below by accepting the evidence of certain witnesses apparently upon satisfa......aklader, Advocate-on-Record-For the Appellants. S R Pal, Senior Advocate, (BK Das, Advocate with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Respondent No. 1. Ex parte -Respondent Nos. 2-8. Civil Appeal No.18 of 1988 (From the Judgment and Order date......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....ic finding......... (9) Power of the District Court under section 24 CPC is somewhat of an administrative nature and also discretionary and in suitable cases the District Judge can even suo moto exercise this power in the interest of justice......... (10) Cases Referred to- AIR 1963 ...... of 1972 in the Court of Munsif (Now Assistant Judge, Sadar, Rajshahi for Specific performance of a contract against one Raghu Nandan Saha on the basis of a bainanama dated 21.5.69 and obtained an ex parte decree on 20.12.73 after causing the alleged service of summons upon the defendants under Orde......lodged Miscellaneous Case No. 8 of 1974 under Order 9 rule 13 CPC but the said Miscellaneous Case was dismissed on contest by the learned Munsif by his order dated 22.11.74. Against the said order of dismissal, the defendant of that suit preferred an appeal being Miscellaneous Appeal No.41 of 1975 i..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
Ishaque (Md) and others Vs. Government of Bangladesh, 1990, 19 CLC (AD)
....5 & 29(2) Whether delay can be condoned when an appeal is not filed within the period of limitation under the Special Law In Bangladesh there has been no amendment of the Limitation Act extending the scope of section 5 of the Limitation Act to special or local law which prescribes a di......able under the old Act its express applicability in the new Act was uncalled for. 33. Mr. Khandkar Mahbubuddin Ahmed submits further that in the case represented by him the delay was condoned ex parte without hearing the respondent and so the condonation of delay ought to be treated as a provis......le shall be dismissed, although limitation has not been set up as a defence." 27. Section 3 deals with the principal subject of the bar of limitation. The heading of the section is‑ "dismissal of suits, etc., instituted, etc., after period of limitation". Section 3, therefore, ..Category: Limitation Law | Date: 25 Jun, 1990 | Hits: 176
....f hearing for enquiry should be served to the petitioner.
In hearing of an enquiry the presence of the petitioner is necessary, so that the petitioner is not deprived of the opportunity of cross-examining the witnesses examined by the Enquiry Officer and the petitioner was not afforded the oppo......etitioner was not afforded the opportunity of adducing any evidence in his defence. The petitioner should get an opportunity of being heard in person and enquiry proceeding should not be conducted ex parte. Principle of natural justice should prevail. .................................... (3)
Th......m, he was not also heard in person and the enquiry proceeding was conducted ex parte. The Enquiry Officer then submitted a biased report finding him guilty of misconduct and illegally recommended his dismissal. He was then asked to show cause by the opposite party No.1, the Executive‑Vice Presiden..
Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Sher Ali Amir Ali Virjee Vs. Eastern Industries (Bangladesh) Ltd. and others, 1990, 19 CLC (HCD)
....to compel the company to perform the ministerial duty of entering the fact on the register is clear. If a dispute can not be resolved without resorting to any other means excepting the papers and documents filed before the court, in that case the question may arise wheth......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ......o order as to costs. Mr. Tofailur Rahman has prayed for stay of the operation of the judgment for 6 weeks. The prayer is refused. Ed. This Case is also Reported in: 43 DLR (1991) 54. ..Category: Company Law | Date: 17 Jun, 1990 | Hits: 184
Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)
....l and documentary, having been available on record. Preparation of the paper book having been dispensed with at the instance of the appellants. The evidence including Ext. 8 series could not be examined. The Revisional applications should better be disposed on merit by the High Court Division ......n, Senior Advocate, with him) instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Respondents Nos.1-12. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.26 & 27. Ex parte-Respondents 13-25. Civil Appeal No.29 of 1986. (From the Judgment and order dated ......reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ..Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....ndents Judgment May 28, 1990. Result: The appeal is allowed. The Transfer Property Act, 1882 (IV of 1882), Section 116 Whether long possession of the tenant alone after expiry of the period of lease will constitute holding over Continuous possession by a tenant w......ocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Habib Ahmed, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 to 10. Ex parte -Respondent Nos. 2 to 9(a) to 9(J), 11 to 15. Civil Appeal No. 21 of 1985. (From the......defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
....or recounting the ballots. In this case the petitioner filed an application before the Chief Election Commission for recounting and the Chief Election Commissioner illegally and arbitrarily passed an ex parte order for recounting without any enquiry without giving Respondent No.10 an opportunity to ......recounting the ballots. In this case the petitioner filed an application before the Chief Election Commission for recounting and the Chief Election Commissioner illegally and arbitrarily passed an ex parte order for recounting without any enquiry without giving Respondent No.10 an opportunity to be ......poll.
In the result, the Rule is discharged and the order of stay granted on 6.5.90 is vacated. There will be no order for costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 29.
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Category: Election Law | Date: 24 May, 1990 | Hits: 101
Ayesha Khatun (Musammat) Vs. Musammat Jahanara Begum & others, 1990, 19 CLC (AD)
....Act, 1950 (XXVIII of 1951), Section 96 The Registration Act, 1908 (XVI of 1908), Section 47 Whether right to sue i.e. cause of action to file a case for pre-emption arises from the date of execution or registration of the transfer deed under pre-emption - Whether right to defend such a ca...... Senior Advocate, (MA Wahab Miah, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. Aftab Hossain, Advocate-on-Record-For the Respondent No.1. Ex parte -Respondent Nos.2-42. Civil Appeal No.98 of 1985. (From the judgment and order dated...... per provision of section 96 of the State Acquisition and Tenancy Act. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 9. ..Category: Property Law | Date: 11 Apr, 1990 | Hits: 47
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....en passed by invoking inherent jurisdiction of the court under section 151 CPC and the application under Order 9, rule 4 CPC shall be treated as an application under section 151 CPC and this Court in exercise of its revisional jurisdiction is competent, in the facts and circumstances of the present ......aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21. ......ted by the court. A close reading of the rules of Order 9 CPC indicates that none of the rules empowers a court to dismiss a suit on a date not fixed for hearing. That being the position the order of dismissal of the suit was not under any of the rules of Order 9 of the Code. All the rules of Order ..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....ly for the proof of the plea of bona fide requirement. Mere assertion of personal requirement in a notice under section 106 of the Transfer of Property Act, 1882 will not exonerate the landlord from liability of establishing the bona fide requirement on adducing cogent e......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ......smissed up to the Appellate Court on the ground of defect in the notice under section 106 of the Transfer of Property Act, as that notice for vacating the suit premises was not for 6 months and after dismissal of that suit the present suit being Title Suit No. 13 of 1985 has been instituted after se..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)
....uthority and another..............................Respondents Judgment March 28, 1990. Result: The appeal is allowed. The Arbitrator should give notice to other parties about ex-parte hearing and also about the passing of ex-parte award…............ (10) It is we......ority and another..............................Respondents Judgment March 28, 1990. Result: The appeal is allowed. The Arbitrator should give notice to other parties about ex-parte hearing and also about the passing of ex-parte award…............ (10) It is well ...... the impugned Judgment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ..Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....;………(5) A stranger to a suit or a proceeding is not prohibited by the Code of Civil Procedure from filing an appeal from an order passed therein. It is true that there is no express provision permitting such party to prefer an appeal against such an order…….........ossessed plot No.118 for more than 12 years and thereby acquired a good title by adverse possession therein; that defendant Nos.12 and 13 on the basis of some false documents obtained an ex parte decree against the defendant Nos.1‑11 without impleading the plaintiffs. 3. The su......e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
.... this notice under section 106 of the Transfer of Property Act, namely termination of tenancy not coinciding with the end of a Bengali Calendar month, is a mere irregularity which can be corrected by extending the period of notice, if it is at all necessary in the circumstances of the case – ......gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ......fa Kamal J.- This appeal by special leave is from the judgment and order dated 11-9-85 passed by the High Court Division, Dhaka in Civil Revision No.576 of 1984 discharging the judgment and decree of dismissal of the suit passed by the lower Appellate Court upon setting aside those of the Trial Cour..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
.....................Appellant Vs. Ataur Rahman and others........................Respondents Judgment March 15, 1990. Result: The appeal is allowed. The evidence of an export is of very weak character It is well settled that evidence of an expert witness is of ve......gly, the present plaintiff requested his Advocate's clerk to take time in that suit. But the clerk took a wrong date and subsequently on scrutiny it was found that the suit was already decreed ex parte on 30.5.73. The plaintiff then filed a Misc. Case under Order 9 rule 13 C.P.C. and the same wa......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
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