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Fazlul Haque (Md.) Vs. Abdul Malek and another, 2008, 37 CLC (HCD)
....n 148 Perusal of section 148 makes it clear that where any period is fixed or granted by the Court for doing of an act, the Court may, in its discretion, enlarge such period of time even after the expiry of the period originally fixed or granted. Only exception to such general principle is when t......7 after setting side order dated 11-3-07. 2. Opposite parties as plaintiffs instituted SCC Suit No.9 of 2005 in the said Court of SCC Judge for ejectment of the petitioner. The suit was decreed ex parte by judgment and decree dated 8-11-05. Then, the petitioner made an application under Order IX;......ew to the following effect, "In the case before us, the situation is totally different. Unlike the case of Hukumchand Vs. Bansilal where there was a statutory compulsion to confirm the sale on the dismissal of the application under Order XXI, rule 90 and, therefore, postponement and further postp..Category: Civil Law | Date: | Hits: 281
Gopinath Das and others Vs. Government of BanglaÂdesh & others, 2010, 39 CLC (HCD)
....11.3.2008 passed by the joint district judge, 3rd Court, Dhaka in Misc. Case No.30 of 2007 under Order IX rule 13 of the Code of Civil Procedure ("the Code" for short) setÂting aside a decree passed ex parte in Title Suit No.724 of 1985. 2. The case, technically though, concerns nothing more tha......3.2008 passed by the joint district judge, 3rd Court, Dhaka in Misc. Case No.30 of 2007 under Order IX rule 13 of the Code of Civil Procedure ("the Code" for short) setÂting aside a decree passed ex parte in Title Suit No.724 of 1985. 2. The case, technically though, concerns nothing more than a......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ..Category: Property Law | Date: | Hits: 149
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....audulent cheques. All the vouchers and related documents of the Bank were signed by the Bank employees, defendants 2-3. Since the defendants 1-3 did not appear in the Money Suit, the same was decreed ex parte with costs on 7-7-1997. Thereafter, the decree holder-Bank put the decree in execution by f......ulent cheques. All the vouchers and related documents of the Bank were signed by the Bank employees, defendants 2-3. Since the defendants 1-3 did not appear in the Money Suit, the same was decreed ex parte with costs on 7-7-1997. Thereafter, the decree holder-Bank put the decree in execution by fili......, filed Misc. Case No.404 of 2004 under Order XXI Rule 58 of the Code of Civil Procedure setting up a claim case on the attached property. The decree holder-Bank filed a written objection praying for dismissal of the aforesaid claim case, but the learned Judge of the Executing Court, without proper ..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....nch of this Court. It was held that the Magistrate was competent to draw up proceeding under section 145 Cr.P.C. but he cannot on the same date without service of notice upon the second party pass an ex parte order of attachment. The said Bench found further that there was no evidence of extreme eme...... of this Court. It was held that the Magistrate was competent to draw up proceeding under section 145 Cr.P.C. but he cannot on the same date without service of notice upon the second party pass an ex parte order of attachment. The said Bench found further that there was no evidence of extreme emerge......Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ..Category: Criminal Law | Date: | Hits: 88
....Labour Court, Katalganj, Chittagong and others…………….Respondents
Judgment
February 22, 2006.
Result:
The Rule is made absolute.
Cases Referred to-
Chittagong Chemical Complex Vs. Chairman Labour Court and another, 46 DLR (AD) 182; Chairman Power Development Board and othe......ner.
No one - For the respondents.
Writ Petition No. 3119 of 2000.
Judgment
Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the ex parte judgment and order dated 27.01.2000 passed by the learned Chairman of Second Labour Court, Chi...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
..
Category: Labour and Industrial Law | Date: | Hits: 190
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....by the Government earlier, rather they can go to the Court if the estimate was not acceptable to them and can invoke the writ jurisdiction of the High Court Division challenging the assessment. After expiry of the statutory period of 60 days as mentioned in 7(4) of the Ordinance the acquisiÂtion st......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ...... on the land in question, so the said construction on that land was unauthorized structure. However, even then KEPZ paid compensation as per the demand notes. Respondent No.4further stated that after dismissal of the Civil Petition for Leave to Appeal with malafide intention and ill motive the petit..Category: Civil Law | Date: | Hits: 170
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
.... of section 2(ga), 2(ta) and section 3 of the Arbitration Act, 2001, it is apparent that the intenÂtion of the legislature is that the scope of the Act is limited within the territory of Bangladesh, except that there is a scope to enforce an award passed in a foreign arbitration, pursuant to sectio......, these are not the subject matter of the Contract dated 28-4-2008 ("The Contract"), which is apparent on the face of the Contract. b) The ad-interim injunction was sought, and has been granted ex-parte against two individuals, i.e. respondents No.3 and 4, who are not parties to the Contract. ....... Accordingly, the application under secÂtion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ..Category: Alternative Dispute Resolution | Date: | Hits: 506
MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....allowed in part. The Companies Act, 1994 (Act No. XVIII of 1994); section 233 The jurisdiction under section 233 of the Act is regulatory and preventive in nature and this jurisdiction is to be exerÂcised to protect interest of the minority shareholders from being prejudiced by the majority s...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......was called in the interest of the Company and if the meeting decides to alter Article 14 and 26, as proposed, it will in no way prejudice the interest of the petitioner. He has accordingly prayed for dismissal of this matter. 5. Heard the learned Advocates and perused the application, the affidav..Category: Company Law | Date: | Hits: 129
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
.... Akram Ali and others………………………Opposite parties Judgment April 13, 2010. Result: The Rule is made absolute. After closer of the plaintiff witness the defendant can examine witness or adduce documentary evidence. Without doing so, he participated in the hearing of ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......rst Court, Dhaka praying for a decree for setting aside the sole decree dated 6.11.2000. The said suit was still pending. Plaintiffs had no right, title and possession in the suit land and prayed for dismissal of the suit. 7. Upon aforesaid pleadings of the respective parties the trial Court fram..Category: Procedural Law | Date: | Hits: 99
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..(31) Medical eviÂdence is a piece of corroborative evidence along with other evidence. If the prosecution case is proved by the ocular witness of the occurrence, the non-examination of the doctor is not always fatal. It depends upon as to how the other witnesses have be......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be comÂmunicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......sed. Thus, according to his subÂmission there is no ground for interference in the Judgment and Order of conviction and sentence and with these words he canvassed for acceptance of the reference and dismissal of the appeals filed by the convicts. 7. Mr. Abdul Halim Chaklader, the learned Advocat..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
....23, 2010. Result: The First Appeal No.182 and 183 of 1999 are dismissed. The First Appeal No.99 of 1999 is allowed. On adverse possession Adverse possession must be actual, visible, exclusive, hostile, notorious and confined during the time necessary to create a bar under a statute......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......itle by adverse possession against Government is 60 years uninterrupted possession….………(19) Dismissal of suit When there is a finding that suit is barred by limitation, it is enough for dismissal of the suit……………(20) Cases Referred to- Saifur Rahman Vs. Haider Shah, 19 ..Category: Property Law | Date: | Hits: 83
....Zakir Hussain, Shahnaz Amir and Shahanaz Alam can be added as opposite parties in Civil Revision Case in hand.
2. The verdict proposed to be bestowed does not demand a detailed disclosure of facts except those which can shed light in resolving the war of words which are:
A. Predecessors of Fir......resaid Judgment and Decree carried an appeal being Title Appeal No.272 of 1985 before learned District Judge, Dhaka. Appeal was heard by Second Court of Subordinate Judge, Dhaka. Appeal was allowed exparte. Judgment and Decree is dated 12.11.1991.
E. First-defendant, Government of The People's Re......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case.
No cost.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 393.
..
Category: Property Law | Date: | Hits: 82
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....t for disposal of the present Rule are as under: The root cause of the aforesaid order passed by the learned Joint District Judge is the Kabala No.12007 of 1978 of the Laxmipur Sub Registry Office executed on 10.8.1978 and presented for registration on 21.9.1978. By that Kabala 2.50 acres of land......laimed himself to be a co-sharer by way of purchase from other co-sharers and filed a pre-emption case being Miscellaneous Case No.66 of 1979 in the Court of the then Munsif, Hatia and obtained an ex parte order of pre-emption. Opposite party No.1 Abu Saleh Mohammad Nur claims that in 1980 he purcha......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
.... on record but in the case of affirming the findings of the trial Court, the narration of the entire evidence and reiteration of the reasons given by the trial Court are not essential. In such a case expressions of general agreement with those of the trial Court are generally considered sufficient. ......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ...... brought on record for the proper adjudication of the matter and as the defect of parties is a very vital question in a Partition Suit, non-impleading of interested persons is a sufficient ground for dismissal of the suit. 9. Mr. Md. Khalilur Rahman, the learned Advocate appearing on behalf of t..Category: Procedural Law | Date: | Hits: 115
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....117+00 ft. to 177+00 ft.) under Polder ‑62 including protection works" by the Chief Engineer, South Eastern Zone, Bangladesh Water Development Board (BWDB), Saktala, Comilla. This project was being executed with the financial assistance of the World Bank (IDB) for flood damage restoration purposes......5-11‑93 as the date of hearing and informed the defendants by registered post mentioning that in case they fail to appear before him at the appointed time and date, the case would be disposed of ex parte. On 25‑11‑93 the defendants, although duly notified, did not appear before the arbitrator ......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
....nal PS Keranigonj at present Tejgaon originalÂity belonged to Abdul Quader. Said Abdul Quader sold out the entire property of the said CS Khatian No.4 to Babu Sarat Chandra Ghosh Ukil by a sale deed executed and registered on 11-1-1921 and 12-1-1921 respectively vide deed No.351 and obtained posses...... Court, Dhaka in Title Suit No.181 of 1994 are hereÂby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......and defendant No.6 has been owning and posÂsessing her said purchased land which is not within the suit land and the plaintiffs cannot get any relief against her and so the defendant No.6 prayed for dismissal of the suit. 7. The suit came up for trial before the Court of learned Assistant Judge,..Category: Procedural Law | Date: | Hits: 137
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
.....1979 in the Court of Subordinate Judge, Dhaka, subsequently the suit was transferred to Subordinate Judge, Gazipur and renumbered as partition suit No.1317 of 1985 and the aforesaid suit was decreed ex-parte on 30.12.1987 and decree was signed on 27.5.1989. 3. Against the said ex parte judgment ......79 in the Court of Subordinate Judge, Dhaka, subsequently the suit was transferred to Subordinate Judge, Gazipur and renumbered as partition suit No.1317 of 1985 and the aforesaid suit was decreed ex-parte on 30.12.1987 and decree was signed on 27.5.1989. 3. Against the said ex parte judgment and......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..Category: Procedural Law | Date: | Hits: 133
Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)
....ode of Civil Procedure, 1908 (Act No. V of 1908); section 115 The concurrent findings of fact can not be interfered with by the High Court Division under Section 115 of the Code of Civil Procedure except where there is no misÂreading and misappreciation of the eviÂdence on record……………......or which the said Abdul Karim and others filed Title suit No.528 of 1962 in the Court of Subordinate Judge, 1st Court, Barisal for correction of record against Nalini Kanta and others and they got ex parte decree on 10.03.1963. Thereafter they mutatÂed their name in the record of right and have bee......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ..Category: Property Law | Date: | Hits: 96
....ahman J.- This Rule Nisi, issued on 24.04.2005, has called upon the respondents to show cause as to why the Memo No. Bapam/Shah:-Ba/BC/Cell-34/96/47 dated 05.3.2005, issued by the Respondent No.2, Annexure-F, cancelling the permission to transfer the shares of responÂdent No.5 and others in Taj Jut......ure-C. This Court also finds little merit in this argument that the respondent No.2 was irreasonable while canÂcelling Annexure-C. In the case of R Vs. Secretary of State for the Home Department, ex parte Tarrant reported in 1984 1 All, Er 799, the decision of the board of visitors not to allow a p......t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
..
Category: Administrative Law | Date: | Hits: 299
....aud his creditors. The said Ramoni Mohan had huge debts. The said deeds were created in the name of Sree Sree Mohan Prabhu and Sree Sree Sriman Gopal Jew Deties. In fact, the aforesaid deities had no existence at all and the aforesaid debuttar documents were never acted upon and that the suit proper...... and decree given at time of issuance of rule is vacated.
The office is directed to send down the lower Courts records immediately.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 51.
......er stated that the Defendant No.14, government of Bangladesh submitted written statement in the suit on certain false and baseless averments which the answering defendants do not admit and prayed for dismissal of the suit with cost.
7. The plaintiff examined 6 witnesses and also produced document..
Category: Property Law | Date: | Hits: 102
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