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Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
.... the Waqf Ordinance has been inserted in the enrolment chapter. Specific Provisions have made regarding the person, property, time and manner in which the enrolment is to be made and in this context section 50 authorises the Administrator to decide the question whether a particular propert......at, to grab the property, Syed Omar Ali Chowdhury filed other Class Suit No.168 of 1983 in the Court of Subordinate Judge, Bogra for declaring the waqf property as Secular property and obtained an ex parte decree on 22-5-1984. Against this ex parte decree, plaintiff filed other class Suit No. 28 of ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
.... The Petitioner contends that in each such case, going by the very nature of the work assigned being temporary, each contractual period ranged from consecutive 89 days to a maximum of six months expressly stipulating the cessation of contract upon the completion of the specified period of ......Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......shy;pute includes a person who has been dismissed, discharged, retrenched, laid-off or otherwise removed from employment in connection with or as a consequence of that dispute or whose dismissal, discharge, retrenchment, lay-off or removal has led to that dispute." ..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
....dge, Artha Rin Adalat, Jessore (hereinafter referred to as Adalat) against the respondent Nos. 2-10 praying for a decree for recovery of outstanding loan of Taka 64.28 lakh. The suit was decreed ex parte on 24-8-2004 (Annexure-B).
3. The petitioner-bank then filed Artha Jari Case No. 9 of ......, Artha Rin Adalat, Jessore (hereinafter referred to as Adalat) against the respondent Nos. 2-10 praying for a decree for recovery of outstanding loan of Taka 64.28 lakh. The suit was decreed ex parte on 24-8-2004 (Annexure-B).
3. The petitioner-bank then filed Artha Jari Case No. 9 of 200......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....plain reading of the application filed under Section 96 of the said Act, the cause of action apparent on the face of the record thus, the rejection of the plaint by the Court below on considering the external materials which have been stated in the application for rejection of the miscellaneous case......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ......d the determination of any question within section 144, but shall not include— a) Any adjudication form which an appeal lies as an appeal from an order, or b) Any order of dismissal for default. Explanation: A decree is preliminary when further proceeding have to be ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....riginal Jurisdiction) Present: AFM Abdur Rahman J Mohammad Ullah J Grameen Telecom represented by its Managing Director: M. Khalid Shams, having its Registered Office at Grameen Bank Complex Mirpur-2, Dhaka-1216….. ……………............Assessee-Applicant Vs. The Commissione......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ......of Nazrul Islam. 2) Whether on the facts and in the circumstances of the case, the learned Tribunal as the highest facts finding body to unnecessarily trace out some Mr. Nazmul Islam as a clue for dismissal of the case without investigating and identifying the real facts of the case. 5. Upon s..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....he Bank proceeded against the body of all the defendants including the petitioner before proceeding against their properties, and since the Bank and the Adalat proceeded against the petitioner before exhausting all the processes against the main borrower, the impugned orders of arrest as well as the......r and others for realization of loan of 45, 83,628.47 as on 31-3-2011. The petitioner was impleaded in the said suit as defendant No.3. Since no defendants entered appearance, the suit was decreed ex-parte by the judgment and decree dated 5-11-2012. Respondent No. 3 Bank then filed Artha Jari Case N......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
.... Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provisions contained in section 19(2) of ......th the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provisions contained in section 19(2) of the......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....d courts below by the
impugned order which is illegal and not sustainable in law.
10. She further submits that the plaintiff
respondent No.1 very cunningly practising fraud, got the Rule heard ex-parte and upon misleading submission
obtained the impugned decree with a direction for the appoi......ourts below by the
impugned order which is illegal and not sustainable in law.
10. She further submits that the plaintiff
respondent No.1 very cunningly practising fraud, got the Rule heard ex-parte and upon misleading submission
obtained the impugned decree with a direction for the appointm......tiff?
The suit cannot be finally
adjudicated without taking evidence. If so is done, it will be treated as ultra
vires. A case cannot be finally adjudicated before trial. In situations e.g.
dismissal of services, the High Court Division cannot allow the prayer of the
plaintiff by directly..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Moklesuddin Ahmed and another Vs. Rezia Khatun and others, 2013, 42 CLC (HCD)
....ord of the suit property in the name of the defendant No.9 and the predecessor of defendant Nos.1-8 are illegal, collusive and not binding upon the plaintiffs. On 3-5-2001 the suit was dismissed ex parte by the trial Court against the defendant respondents. Against which the plaintiffs as ...... of the suit property in the name of the defendant No.9 and the predecessor of defendant Nos.1-8 are illegal, collusive and not binding upon the plaintiffs. On 3-5-2001 the suit was dismissed ex parte by the trial Court against the defendant respondents. Against which the plaintiffs as app......cution. Mr Guha in support of his contention in the application for re-admission, the said letter was reproduced in paragraph No.5 of the instant application. However, after passing the order of dismissal of the appeal for non-prosecution his client, said Moklesuddin Ahmed, again wrote a letter..Category: Constitutional Law | Date: 5 May, 2013 | Hits: 4
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....ute. Cases Referred to- 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 Congregrational Church Union Vs. Essex CC, [1963] AC 808;Mahmudul Basque Vs. Shamsul......hulna 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 ......d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
....suit for eviction of the defendant from the suit premises. 3. The contrary case of the defendant No.1 is such, that the defendant is not a monthly tenant under the plaintiff. The defendant No. 2 executed 'Bainanama' (Deed of agreement) and paid Taka 50, 00000 (fifty lakh) out of the tot......uit the defendant who is the petitioner of Civil Revision No. 242 of 2009 after filing a written statement denied the case of the plaintiff therein but the plaintiff managed to obtain an ex parte decree. Subsequent to that, the ex parte decree was set-aside and the original suit was restor...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
State Vs. Romana Begum alias Noma, 2013, 42 CLC AD
.... against the respondent under section of the Penal Code. When the said charge was read over, the accused present pleaded not guilty and claimed to be tried. During the course of trial the prosecution examined as many as 19 P.Ws. and they were cross-examined by the defence, but the defence examined n......bsp; Ex-parte—For Respondent. Criminal Appeal No.32 of 2002. &......igh Court Division does not call for any interference by this Division. Accordingly, the criminal appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 183. ..Category: Procedural Law | Date: 5 Mar, 2013 | Hits: 5
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
....ased the suit land again from the defendants No.4 and 5 by two registered kabala deeds dated 06.06.1983 and 21.06.1983. The defendant No.3 entered into a portion of the suit premises on 01.07.1978 by executing an agreement and thereafter he refused to pay rent whereupon the plaintiff instituted SCC ...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......f land which was confirmed by local investigation report. As such the High Court Division erred in not decreeing the remainder of the suit land in favour of the petitioner. He lastly submits that the dismissal of the entire suit was therefore illegal and the judgment and order of the High Court Divi..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
....ult:
The Rule is made absolute
Setting-Aside Auction Sale on the Ground of Material Irregularity—
The decree-holder got the plot numbers of the property correct which was sold in execution of the decree after the confirmation of the sale which is enough to bring the matter ......short, is that the respondent No. being financial institution filed Artha Rin Suit No. 2 of 2007 for recovery of an outstanding dues against the petitioner and ultimately the suit was decreed ex-parte to the tune of Taka 9, 22,671. Being failure to pay the decretal dues the decree-holder Bank f......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
.... No.8 filed written statements to contest the suit. The suit being ready for peremptory hearing, the hearing commenced and on behalf of the plaintiff’s three witnesses including the plaintiffs were examined and they were duly cross-examined by the defendants. At this stage of the suit, defendant N...... suit. From the order of the said date, it does not appear that copy of the application was served upon the learned Advocate for the defendants. However, the trial Court on hearing the application ex-parte fixed 25-3-2004 for examination of the defendants' witnesses in default to take legal step (in......ed copy of the order dated 27-9-2012 passed by the trial Court. Mr. Nurul Amin, the learned Advocate, for the plaintiffs (petitioners of leave petition No.928 of 2009) could not deny the said fact of dismissal of the suit for default for not taking step.
8. From the impugned judgment, it appear..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....ng behind seven sons and two daughters as his heirs. They claimed title to the suit land whereupon the plaintiffs in order to make their right and title free from all controversies obtained a deed of exchange in the name of plaintiffs No.3 from Abdul Majid and Rokeya Begum, son and daughter of Alfat......abbar, the predecessor of defendant Nos. 2-6, was stated to have filed Title Suit No. 683 of 1981 against Nayeb Ali and others, the seller of the plaintiffs and was also stated to have obtained an ex-parte decree but the plaintiffs were not all bound by their ex-parte decree. On the basis of aforesa......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....;tioner) filed Writ Petition Nos. 459 of 2005 before the High Court Division calling in question the order of punishment dated 30-11-1997 passed by writ-respondent No.2, appellant No.3 herein vide annexure-'G' to the writ petition, the first appellate order dated 18-1-1998, vide annexure-T t......we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 152. ......dent of Civil Appeal No.326 of 2008 as writ-petitioner (hereinafter referred to as the petitioner) filed Writ Petition No. 1497 of 2005 before the High Court Division calling in question the order of dismissal dated 30-11-1997 passed by writ-respondent No. 2, appellant No. 3, herein vide annexure-&#..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
....d. Words and Phrases Review By preferring a review, an erroneous decision can not be re-heard and corrected. A review lies where an error apparent on the face of the record exists. It is not the re-hearing of the main appeal. In a review, a Court is not empowered to change...... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. ...... others, the opposite parties of objection case being gained over by them appeared in the said objection case representing himself as an Advocate on behalf of the complainant-appellant and prayed for dismissal of the said objection case on the ground that the complainant-appellant had relinquished t..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.........Plaintiff-Opposite Party Judgment November 21, 2012. Result: The Rule is discharged. Section 33(7) of Artha Rin Adalaat Ain, 2003 Without delivery of possession the execution case under the Artha Rin Adalat Ain, 2003 can not be disposed of as per provision of sub-s......d hence, the suit filed by the bank against Gokul Chandra Roy, Birendra Nath Roy and Binoy Krishna Roy for recovery of its loan amounting to Taka 1,17,176. 3. Eventually, the suit was decreed ex-parte by judgment and decree dated 3-8-2003 (decree signed on 10-1-2003). As per terms of decree jud...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....le an application for amendment to show that they have also interest in R.S. Khatian No.3838. 13. In the case of S.M. Basiruddin Vs. Z. Islam, (1983) 35 DLR (AD)230, it has been held that the expression 'non-agricultural land' used in section 24 of the Non- Agricultural Tenancy Act is not s...... Referred to- S.M Basiruddin Vs. Z. Islam, (1983) 35 DLR (AD) 230. Lawyers Involved: Omar Farook, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants Ex-parte-For the Respondents Civil Appeal No.108 of 2005. (From the judgment and decr......purchase the case property and they offered only Tk. 5,000/- for which their offer was turned down. The pre-emptees developed the case land by spending huge amount of money. Hence, they prayed for dismissal of the pre-emption case. 4. The trial Court by his judgment and order dated 30.07.19..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
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