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.... in breach of the aforesaid settlement attempted to hold the salt on 14.9.54 at French Road, Dacca. The plaintiff having come to know of the said attempted sale approached the Bank's Manager, who expressly regretted for what had been done through inadvertence. Thereafter the plaintiff made a dep...... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
...... dismissed with costs. The Appellant who was the defendant in the Money Suit has not preferred any appeal against the decree passed against him but has filled the present appeal against the decree of dismissal of his suit.
2. The allegations made in the Title suit may be stated in brief as foll..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....#39;In lieu of 90 days notice the Company prefers to pay your wages for that period in addition to compensation at the rate of 14 days' wages for every complete year of service or part thereof in excess. " 3. It was asserted that the termination of the services of Aminul Islam was an a......tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ......Act, 1965 (hereinafter called the Act) before the Second Labour Court, Dacca against the Manager, M/s. James Finlay & Co., Ltd. as the Second Party. The First Party claimed a declaration that the dismissal of Aminul Islam was illegal as it was clearly an act of victimisation on account..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Gura Meah Shah & others Vs. Zahir Ahmed and others, 1984, 13 CLC (HCD)
....e Judge was bound to dismiss the application for preemption under Order 9 rule 8 C.P.C. 7. It appears from the impugned order dated 25.1.84 that considering the fact that the petitioner had executed special power of attorney for taking steps in connection with the pre-emption case (Misc. c......nce is called for. The application is accordingly summarily rejected. Syed Mohammad Ali, J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 160 ......hmed bhah a special power of Attorney given to Jogesh Chandra Nath was filed in this preemption case. Purchaser petitioner. Haji Gura Meah Shah filed a petition under Order 9, rules 8 and 12 for dismissal of the case on ground that the petitioner did not appear before the court on the date of h..Category: Civil Law, Procedural Law | Date: 7 Feb, 1974 | Hits: 1
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....ice work and corrupt practices under the East Pakistan Government Servants (Efficiency and Discipline) Rules, 1960. 3. The petitioner was suspended by the District Controller Food on 17.9.66 (Annexure 'C'). The proceedings against him were drawn up on 12.10.66 (Annexure 'D'). ......de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393 ......nnexure 'G'). Thereafter the petitioner moved this court and obtained this Rule, 5. Mr. S.F. Ahsan, the learned Advocate appearing on behalf of the petitioner submitted that the order of dismissal has been passed without any lawful authority and as such it is of no legal effect. The lea..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....missal of a suit for specific performance of contract. The petitioners filed a suit against the opposite parties for specific performance of contract for sale of certain land and the suit was decreed ex parte on 3-4-67. The operative portion of the order is to the following effect:- “That......sal of a suit for specific performance of contract. The petitioners filed a suit against the opposite parties for specific performance of contract for sale of certain land and the suit was decreed ex parte on 3-4-67. The operative portion of the order is to the following effect:- “That th......gainst an order of rejection of an application filed by the petitioners under section 151 read with section 148 of the Code of the Civil procedure praying for vacating an order of dismissal of a suit for specific performance of contract. The petitioners filed a suit against the o..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....he Bank also filed papers relating to the departmental proceeding including report of the Enquiry Officer. The record, however, does not show that the report of the Enquiry Officer was ever marked as exhibit in the proceeding. The Labor Court found that the drawing up of the proceeding against an em......esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
......it in the proceeding. The Labor Court found that the drawing up of the proceeding against an employee after he has been acquitted on the self-same charge, was illegal. He also found that the order of dismissal had an alleged retrospective operation which was also illegal. On merits the Labor Court f..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
.... the premises situated at 28/1 Gopumohan Basak Lane appertaining to plot Not 5461 of holding No. 3, Sheet No. 50 of Dacca Collectorate comprising an area of 0216 acre. But the vendor having failed to execute the deed of transfer within the stipulated time, the petitioner after obtaining permission f...... binding on him. The respondent No. 2 also prayed for an injunction restraining the petitioner from proceeding further with his title Execution Case No. 25 of 1968. The Suit ultimately was decreed ex parte on 27-4-70. The petitioner thereafter filed a Misc. Case being No. 125 of 1970 in the 6th Cour...... say that the Act did not come into force. The entire administration of the D.I.T. is being carried on under the provisions of the Act. Only in respect of a particular matter, namely, the question of dismissal of an employee of the D.I.T., the necessity of the rules to be framed as provided under so..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Musammat Nahida Sultana Vs. Md. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....ition and Tenancy Act on the allegation that the opposite party No.3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite party Nos.1 and 2 by a so-called deed of exchange in order to defeat the right of preemption of the petitioner. The pre-emptor is a co-s......t in deciding an application under Order 41 Rule 19 of the Code of Civil Procedure, is whether the applicant was prevented by any sufficient cause from appearing when the impugned order was passed ex-parte. I, therefore, find there is a good deal of substance in the contentions raised by Mr. Golam A...... this judgment. 28. Let a copy of the judgment along with reconstructed case record be sent down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 32. ..Category: Civil Law, Procedural Law | Date: | Hits: 2
Abdul Mukid (Md.) Vs. Artha Rin Adalat, Khulna and another, 2013, 42 CLC (HCD)
....ases Referred to- Registrar, Supreme Court of Bangladesh Vs. Md. Sufi Uddin, 6 BLC (AD) 241; Bangladesh House Building Finance Corporation Vs. Jahanara Akter, 16 BLD (AD) 231; 49 DLR (AD) 80; Essex Incorporated Congregational Church Union Vs. Essex CC, [1963] AC 808 Mahmudul Haque Vs. Shamsul A......urt, Khulna for realization of loan of Taka 11, 32,972.25. Accordingly, the Artha Rin Adalat registered the same as Miscellaneous Case No.148 of 1991 by order dated 19-6-1991, and subsequently, by ex parte Order dated 31-5-1992 allowed the Miscellaneous Case and again by order dated 7-6-1992 passed ......order passed or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014)2 11, 33 BLD (HCD) (2013) 296. ..Category: Others | Date: | Hits: 3
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....adesh challenging Judgment and Decree dated 05.07.2007 (degree signed on 11.07.2007) passed by the Judge, Artha Rin Adalat No.1, Dhaka in Artha Rin Suit No.480 of 2003, whereby the suit was decreased ex parte against the defendant petitioners including defendant respondent Nso.3-6 and against the co......sh challenging Judgment and Decree dated 05.07.2007 (degree signed on 11.07.2007) passed by the Judge, Artha Rin Adalat No.1, Dhaka in Artha Rin Suit No.480 of 2003, whereby the suit was decreased ex parte against the defendant petitioners including defendant respondent Nso.3-6 and against the conte......decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ..Category: Civil Law | Date: | Hits: 37
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....in the said suit filed Miscellaneous case No.236 of 1979 under Order IX Rule 13 of the Code of Civil Procedure for restoration of the suit to its file and number after setting aside the decree passed ex parte against him. The learned Munsif after hearing rejected the said Miscellaneous case by his j......the said suit filed Miscellaneous case No.236 of 1979 under Order IX Rule 13 of the Code of Civil Procedure for restoration of the suit to its file and number after setting aside the decree passed ex parte against him. The learned Munsif after hearing rejected the said Miscellaneous case by his judg......ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ..Category: Procedural Law | Date: | Hits: 28
Md. Arif Hossain and others Vs. Bangladesh, 2009, 38 CLC (HCD)
.... named as Moazzem Hossain, Noor Hossain, Ahmed Hossain, Mosarraf Hossain, Mobarak Hossain and Mozammel Hossain got the case holding in their share and all the said heirs of late Md. Faiz Hossain died except Mobarak Hossain, The petitioner No.1-3 are the heirs of the said Noor Hossain, The petitioner......as taken in the case of Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka reported in 54 DLR 215. Wherein it has been held that:- "There is no scope for the Court of Settlement to pass an ex parte order of dismissal for default as the Court of Settlement is required to give a decision on th......otifying all the parties which was subsequently, re-fixed on 17.05.2006 and after hearing the same, the Court of Settlement, 1st Court of Dhaka vide order dated 17.05.2006 allowed the application for dismissal the case for non prosecution. 8. The petitioners on 10.04.2007 through one Haji Md. Mus..Category: Procedural Law | Date: | Hits: 24
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....g to western part of plot No.C-339 at a consideration of Taka 3 (three) lakh upon receipt of an earnest money of Taka 2,99,000 followed by delivery of possession and at that occasion Nazar Ali also executed a power of attorney in favour of Abdul Gaffar the husband of said Jahanara Begum, thereafte......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......not in a position to make over possession of the remaining part of the land leased out in their favour owing to an order of injunction granted by the Court, therefore, defendant Nos.8-10 prayed for dismissal of the suit. 6. Eventually, the suit was taken up for hearing by the learned Joint Di..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....o India during the war of liberation leaving the property of his share in possession of the plaintiffs. In this way plaintiffs have been in possession of the holding in their entirety. Dibhuti also executed a power of attorney in favour of the plaintiffs. The property could not be and did not v......t but did not turn up at the time of trial. The learned Subordinate Judge, on consideration of the evidence on record, decreed the suit on contest with costs against defendant Nos.1 and 2 and ex parte against the rest without costs. Stated briefly, his findings are that the suit is maintainable......ditional District Judge court set aside and those of the learned Subordinate Judge are restored. There shall be no order as to costs. Ed. This Case is also Reported in:39 DLR (HCD) (1987) 377. ..Category: Property Law | Date: | Hits: 64
....assan, Assistant Attorney General-For the opposite parties.
Civil Revision No. 411 of 1994.
Judgment
Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-appellants was issued to examine the legality of judgment and decree dated 14.10.1993 (decree signed on 21.10.1993) passed by......above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
......r declaration of some landed property to be not of enemy character with further relief of perpetual injunction was dismissed mainly on the ground of defect of parties. The said judgment and decree of dismissal was upheld by all the Courts up to High Court Division. The Appellate Division by a majori..
Category: Property Law | Date: | Hits: 57
Arif Hossain (Md.) and others, 2009, 38 CLC (HCD)
....named as Moazzem Hossain, Noor Hossain, Ahmed Hossain, Mosharraf Hossain, Mobarak Hossain and Mozammel Hossain got the case holding in their share and all the said heirs of late Md. Faiz Hossain died except Mobarak Hossain, the petitioner No.1-3 are the heirs of the said Noor Hossain, the petitioner...... was taken in the case of Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka reported in 54 DLR 215. Wherein it has been held that: "There is no scope for the Court of Settlement to pass an ex-parte Order of dismissal for default as the Court of Settlement is required to give a decision on ...... notifying all the parties which was subsequently, re-fixed on 17-5-2006 and after hearing the same, the Court of Settlement, 1st Court of Dhaka vide Order dated 17-5-2006 allowed the application for dismissal the case for non prosecution. 8. The petitioners on 10-4-2007 through one Haji Md. Mu..Category: Property Law | Date: | Hits: 66
....lat, 1st Court, Feni impleading the defendant-respondent No.1 and others for realisation of its outstanding dues amounting to Tk.1,30,40,106.00 with interest and eventually, the said suit was decreed ex-parte on 27.9.1993. After getting the ex-parte decree the decree-holder-Bank in usual course put ......, 1st Court, Feni impleading the defendant-respondent No.1 and others for realisation of its outstanding dues amounting to Tk.1,30,40,106.00 with interest and eventually, the said suit was decreed ex-parte on 27.9.1993. After getting the ex-parte decree the decree-holder-Bank in usual course put the......on granted by this Court in C. Rule No.613 (P.M.5/2003 stands vacated.
Communicate this Judgment to the Adalat concerned at once.
Ed.
This Case is also Reported in: 17 MLR (HCD) (2012) 444.
..
Category: Civil Law | Date: | Hits: 145
AKM Tofazzel Hossain and others Vs. Rupali Bank Limited and others, 2012, 41 CLC (HCD)
.... passed by the learned Judge of the Artha Rin Adalat No.4, Dhaka in Artha Jari Case No.74 of 2003 imposing 6 months Civil detention of the petitioners and issuing warrant of arrest against them (Annexure-B-1 to the Writ Petition). 2. Facts necessary for the disposal of the rule, in short, are a......e the Artha Rin Adalat No.4, Dhaka (the Adalat, in short). For recovery of loan amounting to Taka 92,16,225.42 impleading the petitioners as defendants of the suit. The suit was eventually decreed ex-parte by the learned Judge of the Adalat on 19-4-1992. The Judgment-debtors having failed to pay the......Ain is to be followed before taking action under section 34 (1) of the Ain. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 435. ..Category: Civil Law | Date: | Hits: 159
Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....was issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 24-8-2006 (Annexure-E to the writ petition) passed by the Artha Rin Adalat No.4, Dhaka, in Artha Execution Case No......riefly as Bank) instituted Artha Rin Suit No.67 of 2005 impleading the petitioner as defendant for realisation of Taka 25,06,408 with interest till 19-4-2005. 3. Eventually the suit was decreed ex parte on 18-9-2005. 4. The bank then put the decree in execution in Artha Execution Case No.60 of......ccordance with law. Office is directed to communicate the order at once with a copy of judgment of information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 791. ..Category: Civil Law | Date: | Hits: 139
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
.... plaintiff. The plaintiffs case is that the opposite party No.2 (defendant No.3) Mahmuda Begum Chowdhury being owner of the suit property made a contract to sell the suit property to the plaintiff by executing a bainapatra and thereafter the plaintiff by filing Title Suit No.89 of 1993 for Specific ......ade a contract to sell the suit property to the plaintiff by executing a bainapatra and thereafter the plaintiff by filing Title Suit No.89 of 1993 for Specific Performance of Contract obtained an ex parte decree on 9‑4‑1994 against the said Mahmuda Begum Chowdhury and started Execution Case No....... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ..Category: Procedural Law | Date: | Hits: 69
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