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Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
.... Judgment July 8, 2008. Result: The rule is discharged. Case Referred to- Daibakilal Vs. Iqbal Ahmed, 17 DLR 119; Hupen Majhi Vs. Abdul Khair, 25 DLR 3; Paul Reinhurt Ltd. Vs. Prime Textiles Spinning Mills Ltd., 22 BLD 41. Lawyers Involved: Abdus Samad with Bazlul Kabir, Advoc......e to the effect that the record in R.S. settlement was wrongly prepared in the name of the defendant's predecessor. The said suit being numbered as Other Class Suit No.1884 of 1980 and was decreed ex parte on 04.07.1983 and on the basis of said ex parte decree they have mutated their name by opening...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ..Category: Property Law | Date: | Hits: 48
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....titioners and Second-Fourth: opposite parties and other persons as defendants instituted a suit being Title Suit No.10 of 1996 in the Court of Assistant Judge, Kachua, Chandpur for a declaration that ex parts order dated 24-4-1988 recorded in Pre-emption Miscellaneous Case No.66 of 1984 is fraudulen......dge, Kachua, Chandpur for a declaration that ex parts order dated 24-4-1988 recorded in Pre-emption Miscellaneous Case No.66 of 1984 is fraudulent, illegal, collusive and plaintiff is not bound by ex parte order. Core averments embodied in plaint are: a. Summons of the Pre-emption Miscellaneous C......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..Category: Property Law | Date: | Hits: 64
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.....(20) Cases Referred to- Abdul Mannan Sikder Vs. Bangladesh Bank and others, 31 DLR (AD) 298; State Vs. Abdul Awal, 35 DLR 151; Md. Shahabuddin Vs. Janata Bank, 41 DLR 94; Senior Manager, Dost Textile Mills Ltd. and another Vs. Sudhansu Bikash Nath, 1988 BLD (AD) 66; Rupali Bank Ltd. and other...... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......has referred to a decision in the case of Manager, Personal Division Vs. Sazahan Miah and others, reported in 35 DLR 224 wherein, it has been held that “the plaintiffs suit for declaration that his dismissal by the Bank was illegal and not binding upon him was not followed by any consequential rel..Category: Labour and Industrial Law | Date: | Hits: 137
...., Advocate ‑ For the Respondent No.1.
Writ Petition No.1791 of 1990.
Judgment
Kazi Ebadul Hoque J.- In this Rule at instance of the petitioner Abdul Haque Sikder order dated 1‑2‑84 (Annexure‑'O') dismissing the petitioner from service is under challenge.
2. After placing material......econd show cause notice. We, therefore, find no merit in this Rule. In the result the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in:48 DLR (HCD) (1996) 574.
...... challenge.
2. After placing materials on record learned Advocate for the petitioner submitted that Enquiry Officer was a biased person and as such, report submitted by him was biased and order of dismissal of the petitioner relying upon such biased report is also illegal. He further submitted th..
Category: Labour and Industrial Law | Date: | Hits: 228
State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)
....thority, 3. Additional Superintendent of Police, Immigration, Zia International Airport, 4. Saiful, 5. Delwar, 6. Mujib, 7. Anowar and 8. Mizan to show cause as to why they shall not be directed to explain the action of the five aforementioned security officials, namely Saiful, Delwar, Mujib, An......lp desks to be installed at vantage points within the airport building and sign-posting for passengers who may face any difficulties inconvenience or harassment. iv) Adequate instructions, to be imparted upon all airport personnel to behave in a way, which is polite and Courteous and reflects a g......n, had his sentence remitted to 45 days in detention upon confirmation. In the case of respondent WO Md. Delowar Hossain, who had been sentenced to be dismissed from the service, on confirmation, his dismissal was commuted to one year forfeiture of seniority in Warrant Officer rank and a severe repr..Category: Others | Date: | Hits: 87
Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....the respondents to show cause as to why the Order No.17 dated 25-01-2011 passed by the learned Judge, Artha Rin Adalat No.1, Dhaka in Artha Execution Case No.195 of 2007 issuing warrant of arrest (Annexure-B) in violation of Section 34 of the Artha Rin Adalat Ain, 2003 and Order XXI Rule 37 and sect......ed Artha Rin Adalat No.1, Dhaka, for recovery of money inclusive interest amounting to Tk. 14,05,888/- and the said suit was registered as Artha Rin Suit No.423 of 2004. 3. The suit was decreed ex-parte in the year 2004 followed by Artha Execution Case No.87 of 2005. In the Execution Case propert......ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ..Category: Civil Law | Date: | Hits: 134
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
.... Md. Arayes Uddin J.-This Misc. Appeal has been preferred against the judgment and order dated 29.11.1999 passed by the learned District Judge, Dhaka in Misc. Case No.393 of 1999 decreeing the suit ex parte for realization of Tk. 13,01,85,650/= from the appellant. The appellant preferred this misc......Md. Arayes Uddin J.-This Misc. Appeal has been preferred against the judgment and order dated 29.11.1999 passed by the learned District Judge, Dhaka in Misc. Case No.393 of 1999 decreeing the suit ex parte for realization of Tk. 13,01,85,650/= from the appellant. The appellant preferred this misc. a......k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ..Category: Civil Law | Date: | Hits: 127
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ts. Consequently, the plaintiffs filed Title Suit No.28 of 1967 for recovery of khas possession. Ultimately, the said suit was decreed and the plaintiff got delivery of possession on 8-7-1967 through executing Court. Since then the plaintiffs had been possessing the entire suit land in CS plot No.77......t is important to note there is that the defendants did not contest the suit. After a long lapse of time, the learned Sub-ordinate Judge by the judgment and order dated 25-10-1995 decreed the suit ex-parte. Against that ex-parte decree, one Abed Khan as the petitioner filed Miscellaneous Case No.40 ......turn up and none was found upon repeated calls. After that, the learned Sub-ordinate Judge by judgment and order dated 23-7-2001 dismissed Miscellaneous Case No.40 of 1996. 4. Against the order of dismissal dated 23-7-2001, the appellant herein preferred Miscellaneous Appeal No.212 of 2001 before..Category: Property Law | Date: | Hits: 104
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....s Chairman and directors for realisation of loan of Taka 16,60,130.65 as on 30-9-1998 and also for personal decree before the Artha Rin Adalat No.3, Dhaka (the Adalat, in brief). The suit was decreed ex parte by the Judgment dated 10-10-2000. The preliminary decree was signed on 22-10-2000 and the f......hairman and directors for realisation of loan of Taka 16,60,130.65 as on 30-9-1998 and also for personal decree before the Artha Rin Adalat No.3, Dhaka (the Adalat, in brief). The suit was decreed ex parte by the Judgment dated 10-10-2000. The preliminary decree was signed on 22-10-2000 and the fina......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ..Category: Civil Law | Date: | Hits: 136
Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)
....gment Md. Ruhul Quddus J.- This Rule at the instance of respondent-petitioner Sharmin Akhter, mother of a minor boy was issued on an application under section 115 of the Code of Civil Procedure to examine the legality of order dated 1.3.2004 passed by the Additional District Judge, 5th Court, Dha......er in the 2nd Court of Senior Assistant Judge and Family Court, Dhaka for custody of his minor son Afrad Saadi Bhuhyian, who was born on 15.1.1997 within their wedlock. The family suit was decreed ex parte on 26.11.2002. The petitioner claims that the said decree was obtained by suppressing summons ......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 117
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....ng in question the legality of judgment and order dated 18.8.1996 passed by the Senior Assistant Judge, Gaibandha Sadar allowing an application under Order IX rule 13 of the Code on setting aside the ex parte decree passed in Other Class Suit No.152 of 1994. 2. The matter has been appearing at th......in question the legality of judgment and order dated 18.8.1996 passed by the Senior Assistant Judge, Gaibandha Sadar allowing an application under Order IX rule 13 of the Code on setting aside the ex parte decree passed in Other Class Suit No.152 of 1994. 2. The matter has been appearing at the t......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 105
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....the Petitioners were sentenced to suffer imprisonment for varying terms while Lt. Col. (retd.) M. A. Taher, Bir Uttam, husband of the Petitioner No. 2 in WP 7236/10, was sentenced to death, which was executed on 21st July, 1976. Flight Sergeant Abu Yusuf Khan, Bir Bikram, husband of the Petitioner N......onel (retd.) M.A. Taher’s citizens right and as such, the sham proceedings carried out against them cannot be condoned. In this regard, Justice ABM Khairul Haque’s mentioned of the case of Ex parte Milligan in the 5th Amendment Case, HCD also merits consideration. BIMW Ltd. Vs Bangladesh ......ladesh Army who was dismissed from the service in consequence of his conviction in the abovementioned special tribunal case no. 1 of 1976, though he wasnever given any order or document regarding his dismissal. He actively participated in the liberation war in 1971 and primarily fought in Sunderban ..Category: Criminal Law | Date: | Hits: 154
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
....oceed with the case. 9. The petitioner has taken the grounds in his Revisional application that the learned Senior Special judge, Rajshahi should have taken cognizance of the alleged offences by examining the complainant under section 200 of the Code and by examining the witnesses cited in the ......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ..Category: Procedural Law | Date: | Hits: 92
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....enant in any manner, then Small Causes Court has jurisdiction to look into the matter but Small Causes Courts cannot restore to possession of any tenant dispossessed or thrown out of suit premises by execution of decree...................................(6) Cases Referred to- Abdul Khaleque Vs......used' as per postal endorsement dated 6-1-77, thereafter plaintiffs filed the suit. 3. In the suit, as it appears from the order sheets that defendant did not appear and the suit was posted for ex parte disposal and the suit was decreed ex parte on 12-9-78. After ex parte decree, plaintiff put th......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ..Category: Civil Law | Date: | Hits: 94
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....102 of the Constitution, this Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 9-12-2003 passed by the Full board in case No.3 -108 of 1995 (Review) Dhaka (Annexure D), order dated 29-8-1995 passed by the Chairman, Land Appeal Board in case No.3-85 of 1984 (A......se No.355 of 1968 by order dated 16-8-1969. Meanwhile Circle Officer (Revenue), Tejgaon, Dhaka after holding local enquiry submitted a report on 7-7-1969. The Miscellaneous Case was taken up for ex-parte hearing and petitioner-Abdus Sattar Chowdhury was examined and on the basis of the enquiry rep......ejgaon; Dhaka dated 7-7-1969. Subsequently in the said Miscellaneous Case Abdus Sattar Chowdhury-Respondent No.6 filed an application under Section 151 of the Code of Civil Procedure for vacating the dismissal order dated 1-8-1970, but the same was rejected as not maintainable by Order No. XXVIII da..Category: Property Law | Date: | Hits: 115
.... of money and subsequently the said suit was transferred to the Court of Subordinate Judge and additional Artha Rin Adalat No.2 Dhaka and renumbered as Title suit No.261 of 1998. The suit was decreed ex parte against the defendant-petitioners and others by judgment and decree dated 14.2.1999 in prel...... money and subsequently the said suit was transferred to the Court of Subordinate Judge and additional Artha Rin Adalat No.2 Dhaka and renumbered as Title suit No.261 of 1998. The suit was decreed ex parte against the defendant-petitioners and others by judgment and decree dated 14.2.1999 in prelimi......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
..
Category: Civil Law | Date: | Hits: 85
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
.... power of the court to make such order as may be necessary to give effect to any order under this code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. The expression "quashing of proceeding" is one of compendious connotation but its practical result is se...... bank after two months filed CR Case No.249 of 1997 (Ishurdi) before the learned Magistrate, Pabna on 09.07.1997 against the accused Nos. 1 to 3; that the civil suit No.92 of 1997 has been decreed ex parte in favour of the bank and thereafter the bank started execution case. It is further submitted ......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..Category: Procedural Law | Date: | Hits: 79
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....t 28, 1996. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......oner, submits that it is very much clear from the order dated 2‑3‑1996 that the suit was taken up for peremptory hearing and plaintiff was absent and the defendant was present. After the order of dismissal of the suit, the plaintiff should have come with a Misc. Case under Order 9 rule 9 of the ..Category: Procedural Law | Date: | Hits: 82
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
.... of the petitioner. On the basis of that Bainapatra the petitioner brought Title Suit No.48 of 1973/6 of 1986 for specific performance of contract against the opposite party No.1 and also obtained an ex parte decree by suppressing summons from the opposite party No.1. On her return to Bangladesh Sha...... the petitioner. On the basis of that Bainapatra the petitioner brought Title Suit No.48 of 1973/6 of 1986 for specific performance of contract against the opposite party No.1 and also obtained an ex parte decree by suppressing summons from the opposite party No.1. On her return to Bangladesh Shahar......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ..Category: Procedural Law | Date: | Hits: 71
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
.... to sale the properties, mentioned in the scheduled to the petitioner, in auction to realize Taka 2,17,253.44/=, the loan money along with interest. 3. The learned District Judge, Chuadanga by the ex parte judgment and order dated 22.09.2003 allowed the said Miscellaneous Case giving permission t...... sale the properties, mentioned in the scheduled to the petitioner, in auction to realize Taka 2,17,253.44/=, the loan money along with interest. 3. The learned District Judge, Chuadanga by the ex parte judgment and order dated 22.09.2003 allowed the said Miscellaneous Case giving permission to s......ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ..Category: Civil Law | Date: | Hits: 276
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