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Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
.... instituted a Rent Suit in the Court of Munsif, Satkania against Subhashini Singha with respect to some land unconnected with the suit land and obtained a decree therein on 25.11.58. Having failed to execute the decree by sale of the rent suit holding, Haji Abdus Samad got the rent decree transferre......cted by Sharifuddin Chaklader Advocate-on-Record-For the Appellant. Syed Ishtiaq Ahmed, Senior Advocate instructed by Shamsul Huque Siddique Advocate-on- Record-For the Respondent No. 1. Ex parte - Respondent No. 2. Civil Appeal No. 70 of 1984. (From the Judgment and decree dated...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....defendant No.8, not to speak of service of summon upon him, the compromise decree in question was passed on 27.2.84 dividing the entire properties in the suit amongst the compromising parties, to the exclusion of the opposite party No.1 (defendant No.8). This speaks of suppression, even fraud. Studi......rty No. 1 on 25.4.85. On 17.8.85 the opposite party No. 1 filed an application under Order 9 rule 13 read with section 151 of the CPC being Miscellaneous Case No. 756 of 1985 for setting aside the ex parte decree dated 27.2.84 as against him in Title Suit No. 278 of 1983 on the ground that he did no...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
....r lands as permanent raiyat under the said Court of Wards Estate of Dhaka. Shorojini Bala Dutta constructed tin-huts in the suit land and let out the premises to defendant No.1 as monthly tenant. She executed a Will dated 4.12.82 in favour of her daughter-in-law Anjali Rani Dutta. After the death of......the said quit notice the plaintiff instituted SCC Suit No.5/70 in the SCC Court of 4th Munsif, Narayanganj for ejectment of defendant Nos.1-2 and Rustom Ali Mia, that the said SCC Suit was decreed ex parte on 19.5.72 with cost. Defendant No.1 A.K. Murshed filed Misc. Case No.77/72 under Order 9, rul......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
....r that purpose it may even postpone the settlement of the issues of fact till determination of the issue or issues of law. The provision appears to be obligatory....... (8)
Austerity in time and expenses of the parties
The main purpose behind this legislation is to save time and expenses o......order as to costs. The order of stay is vacated.
Let the suit be disposed of in accordance with law as expeditiously as possible.
Ed.
This Case is also Reported in: 43 DLR (1991) 79.
......xed for the purpose of pre-emptory hearing of the same. At that stage the defendant‑petitioners filed an application on 28.2.85 before the learned Munsif now Assistant Judge praying for an order of dismissal of the suit on the preliminary ground of maintainability contending that the same was barr..
Category: Employment/Service Law | Date: 18 Apr, 1989 | Hits: 87
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....ucted by Md. Sajjadul Huq, Advocate-on-Record,—For Respondent. Civil Appeal No. 2 of 1988. Judgement Badrul Haider Chowdhury J. — I regret that I could not subscribe to the views expressed in the judgment of my learned brother M.H. Rahman J. 2. Facts are simple: — A......nt. Pubali Bank challenged the attachment order and prayed for vacating it. This was refused by the trial Court in Miscellaneous Judicial Case No.1 of 1984. On 29th March 1984 the suit was decreed ex-parte and the plaintiff decree-holder filed Money Execution Case No. 56 of 1984. 4. Since the...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....istered mortgage-deeds dated 16-4-1916, to Pran Krishna who went into possession. Sristidhar filed Mortgage Suit No. 502 of 1921 against Jaghabandhu and the heirs of Hara Govinda, got a decree and in execution of the decree, in Mortgage Execution Case No. 1615 of 1921, he himself purchased the land ...... Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Syed Ishtiaq Ahmed, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate on Record- For Respondents Nos. 1(a) to 1(c). Ex parte- Respondent Nos. 3 to 5. Civil Appeal No. 77 of 1985. (From the judgment and order ......ich was dismissed would operate as res judicata in a subsequent suit between the same parties. It was held: "It is true that generally an adverse finding against a defendant in a decree for dismissal of the suit would not operate as res judicata, but it is equally well settled that where s..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Md. Nurul Haque Vs. Sonali Bank of Bangladesh & another, 1986, 15 CLC (HCD)
....e Branch Manager who personally verified the same and also found that the said 7000 pieces of 50-Taka notes were not anywhere in the strong room. 3. Defendant No.1 Nurul Hoque did not give any explanation of such shortage of fifty taka notes as defendant No.1 Nurul Hoque and defendant No.2 Md......der section 115(1) C.P.C. The application is, therefore, summarily rejected. Anwarul Hoque Chowdhury J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 223. ......ted and hence it is ordered that the suit be dismissed for default". 4. Thereafter the plaintiff Sonali Bank filed a petition under Order 9, rule 9 C.P.C. for setting aside the impugned order of dismissal and restoration of the original suit. Soumendra Sarker, Subordinate Judge, Rajbari heard t..Category: Criminal Law | Date: 19 Nov, 1986 | Hits: 24
....No.2 Surendra Nath Sen for declaration of her Title to 5175 acre of land recorded in plot Nos.7048, 7049, 7030, 7051 and 7047 appertaining to S.A. Khatian No.2071 of Mouja Patuakhali. She obtained an ex-parte decree on the 14th December, 1961. On the 22nd January 1974 opposite party No.1 the Assista......2 Surendra Nath Sen for declaration of her Title to 5175 acre of land recorded in plot Nos.7048, 7049, 7030, 7051 and 7047 appertaining to S.A. Khatian No.2071 of Mouja Patuakhali. She obtained an ex-parte decree on the 14th December, 1961. On the 22nd January 1974 opposite party No.1 the Assistant ......evidence that may be adduced before him.
Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 172.
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Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259
Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)
.... Baishak,1335. B.S, benamidar of the said Rajendraand Khirod. Thereafter Rahimuddin, Reazuddln and Gaisuddin took settlement of the said land from Rajendra and Khirod on the 7th Baishak, 1333 B.S. by executing a fraudulent Kabuliat in the name of Kinu Bhuson and subsequently surrendered the said lan...... submission in this respect relied on the case of Santosh Kumar Chakraborty & ors. Vs. M.A. Motaleb & ors. reported in 36 DLR (AD) 248. In the reported case the plaintiff obtained an ex parte decree in a suit for specific performance of contract. On an application by the defendant......ent of the learned Lower Appellate Court it affirmed. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD)(1987) 228. ..Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8
Mrs. Shahar Banoo Ziwar Sultana Beyad Vs. Mrs. Wahida Khan & 5 others, 1986, 15 CLC (HCD)
....posite party and the Opposite party brought Tide Suit No.48 of 1973 for Specific Performance of Contract against the present petitioner on the basis of the forged Bainapatra and also obtained an ex-parte decree by suppressing summons from the petitioner. On her return to Bangladesh she became a......ite party and the Opposite party brought Tide Suit No.48 of 1973 for Specific Performance of Contract against the present petitioner on the basis of the forged Bainapatra and also obtained an ex-parte decree by suppressing summons from the petitioner. On her return to Bangladesh she became awar...... absolute and the impugned order is set aside. The Criminal proceeding will continue as usual. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 132. ..Category: Procedural Law | Date: 14 Feb, 1986 | Hits: 31
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....d sitting idle over the (muter) till today. The time of investigation already ended much earlier as per amendments of section 167 of the Cr.P.C. On the other hand, the I.O. never submitted prayer for extension of time. Hence the case is dismissed under section 203 Cr.P.C. It may be mentioned that fo......of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ......;tion 203 Cr.P.C. Section 203 Cr.P.C. empowers a Magistrate to dismiss a complaint. There is no provision in the Code of Criminal Procedure empowering a Magistrate to dismiss a F.I.R. So the order of dismissal of the F.I.R. under section 203 Cr.P.C. on 4.3.84 by the learned Magistrate is illegal and..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....ated 5. 8. 1970. The contract was for selling the residential house of the appellant to the respondent. The price was fixed at Tk. 25,000/-and on receipt of Tk. 6,000/- as advance the baina-patra was executed. It was agreed that after obtaining the necessary Income Tax Clearance Certificate, etc., t......y, Advocate instructed by Kazi Ebadul Hoque, Advocate-on-Record—For the Appellants. Yar Ahmed, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent No. 1 Ex-parte—For the Respondent Nos.2-6. Civil Appeal No.16 of 1985. (From the Judgment and ......aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
Muktad Hossain Majumder Vs. Abul Bashar Majumder & others, 1986, 15 CLC (HCD)
....nd shall be deemed to be a Civil Court within the meaning of sections 481 and 482 of the Code of Criminal Procedure, but the Tribunal does not become a Civil Court thereby Such a Tribunal cannot exercise jurisdiction under Order 9, rule 13 C.P.C. or under Order 39, rules 1 and 2 C.P.C. When it ......forum also cannot entertain on application under Order 41, rule 19 C.P.C. He submits that the learned District Judge becomes functus officio after he allows or dismisses an election appeal, either ex parte or by default or on contest. Under Order 41, rule 19 C .P.C. the lis between the parties ......he result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 41. ..Category: Administrative Law, Election Law | Date: 7 Jan, 1986 | Hits: 2
Md. Azimuddin Pramanik & others Vs. Sree Satya Narayan Pramanik & others, 1985, 14 CLC (AD)
....in which they have been mentioned above.” As appears clearly from sub-section 5 (i) (a), a co-sharer by inheritance gets the first priority and if he claims per-emption he will exclude all other claimants. If a co-sharer by purchase claims pre-emption, the claim of a contiguou....... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ....... The impugned order of the High Court Division is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 220. ..Category: Property Law | Date: 9 Jul, 1985 | Hits: 40
Abu Taher and others Vs. Mst. Razia Begum and another, 1984, 13 CLC (HCD)
....his dictation and was forced to put her signatures on some blank sheets of paper. She was made to get herself photographed with accused Abu Taher several times. After holding a Judicial inquiry after examining some witnesses warrants of arrest were issued against accused petitioners on 11.8.80 u/ss....... C.W.N. (P.C.) 230=121 I.C. (1930) 532; East End Dwellings Co. Ltd. Vs. Finsbury Borough Council, (1952) A.C. 109 (B); State of Bombay Vs. Pendurang Vinayak and others, AIR 1953 Supreme Court 244; Ex parte Walton In re Levy, (1881) 17 Ch. D. 746 at 756 (A); New Shorrock Spg. and Meg. Co. Ltd. Vs. N.......ted. Let a copy of this judgment be sent to the trial Court immediately. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 18. ..Category: Criminal Law | Date: 4 Dec, 1984 | Hits: 2
Arjuman Ali Vs. Abdus Samad & others, 1984, 13 CLC (HCD)
....d bail to the opposite party No.1 up to 15.5.84 on medical ground notwithstanding the fact that the petitioner questioned medical certificate as procured one. Subsequently the learned Judge extended the bail of the opposite party No.1 up to 27.6.84 while the opposite party No.1 prayed for ...... as not being entertainable under Section 526 of the Code of Criminal Procedure. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 62. ......ivisional Magistrate, Sunamganj and the same was dismissed on 26.1.83 on merit. Upon a motion under Section 436 Cr.P.C. the learned Additional Sessions Judge, 2nd Court, Sylhet set aside the order of dismissal of the complaint by his judgment dated 8.9.83 and directed further enquiry into complaint...Category: Criminal Law | Date: 2 Aug, 1984 | Hits: 1
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....984 which is in the following terms: “The prayer for attachment before the judgment of the Vessel M.V. Haci Sefer Kalkavan in question be allowed on contest against the defendant No. 1 and ex parte against the rest without cost. The vessel in question is attached before the judgment until...... which is in the following terms: “The prayer for attachment before the judgment of the Vessel M.V. Haci Sefer Kalkavan in question be allowed on contest against the defendant No. 1 and ex parte against the rest without cost. The vessel in question is attached before the judgment until fu......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....ultural lands with non-cultivators or with persons who have already more than five acres of cultivable lands. If in any case, limit of transfer prescribed by Section 90 of the act is I proposed to be exceeded under the provision to that section, sanction of the Board should be sought for."......will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ...... that in C.R. 867(a) of 1974 arising out of this appeal, an order of temporary injunction has been made absolute and prays for vacating that order of temporary injunction. It is evident that with the dismissal of the appeal, the temporary injunction granted in the Civil Rule will cease to have ..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Motiur Rahman Vs. May Industries Ltd, 1984, 13 CLC (HCD)
.... by purchase from one Mujibur Rahman 20 shares of Tk. 1000/- each bearing distinctive Nos.81 to 100 and included in one Share Certificate being No.005. The Instrument of transfer, after due execution on 18.6.76 was deposited with the Company with the Share Certificate No.005 for registrati...... against the respondent-company. Certified for one counsel with one junior. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 41. ......tries" and they are manufacturing the same type of machineries and equipments as the company. So the petitioner has preferred this application with ulterior motive. The respondent has prayed for dismissal of the petition. 4. In the affidavit-in-reply the petitioner has denied the allegatio..Category: Company Law | Date: 26 Apr, 1984 | Hits: 6
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
....de one is wrong in view of the fact that the course of action followed by the Managing Committee was fair and equitable and the plaintiff was heard in person and he was afforded enough opportunity to explain his position and as such the action of the managing Committee cannot be said to be mala...... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......r than those included in the agenda shall be transacted except with the consent of two-thirds of the members present. The said sub-section further provided that no matter involving the appointment or dismissal of a teacher or expulsion or rustication of a student shall be taken up unless the matter ..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
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