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....umar Lahiri. Abdul Gafur took settlement of the suit land from said Suphir Kumar Lahiri on 10th Asar 1353 BS. Abdur Gafur filed Other Class suit No.178 of 1969 for declaration of his title and got an ex parte decree. Plaintiff has purchased the suit land from said Abdul Gafur in the year 1980 and go......r Lahiri. Abdul Gafur took settlement of the suit land from said Suphir Kumar Lahiri on 10th Asar 1353 BS. Abdur Gafur filed Other Class suit No.178 of 1969 for declaration of his title and got an ex parte decree. Plaintiff has purchased the suit land from said Abdul Gafur in the year 1980 and got p......e revision has no merits and it is disposed of accordingly with aforesaid observation, findings and direction.
No order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 470...
Category: Property Law | Date: | Hits: 130
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....parties 1-3 of Title Suit 7 of 1984 which has been filed by the petitioner as sole plaintiff for specific performance of contract on the basis of a bainapatra (deed of agreement) alleged to have been executed by the defendant 3 in favour of the plaintiff undertaking to register the kabala in favour ......essary opinion of the finger print expert as to the disputed thumb impression, the trial Court shall dispose of the suit expeditiously. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 454....... the defendant No.3 for the aforesaid purpose. Therefore after rejecting the application for issuance of warrant, with passing further order directing the parties to get ready passing of the order of dismissal of the suit is hit by Order 9 rule 3 of the Code. It is held that a suit can not be dismis..Category: Procedural Law | Date: | Hits: 137
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....on in the entire suit land is not lawful. In fact the appellate Court found title and possession of the plaintiff in respect of said 0.66 acres land only of suit plot No.545/51. 11. In this context, I have heard both the learned Counsels for a reasonable length. Perpetual injunction is to be g......charged. In the result, the Rule is discharged with cost, the suit is dismissed. Send down the records of the courts below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 447.......s also the case of the government that the defendants 1-4 have already made written prayer for settlement of the suit land of the suit holding to them as landless agriculturists. Defendant prayed for dismissal of the suit contending that the plaintiffs have no prima facie title in respect of the ent..Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....aid Company and the Rupali Bank Ltd. also filed a power on 14.11.89 in the matter as one of the creditors; that the matter remained pending for more than three years and ultimately it was disposed of ex parte on 9.8‑90 by the learned Company Judge holding that the Company was liable to be wound up...... Company and the Rupali Bank Ltd. also filed a power on 14.11.89 in the matter as one of the creditors; that the matter remained pending for more than three years and ultimately it was disposed of ex parte on 9.8‑90 by the learned Company Judge holding that the Company was liable to be wound up an...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452...Category: Company Law | Date: | Hits: 317
Fulu Mohammad and others Vs. State, 1992, 21 CLC (HCD)
....ial the Investigating Officer died. P.W.19 Md. Abdul Latif then attached to Kotwali police station of Rangpur district held inquest of the dead body of Amiruddin. Dr. M Billah Azad held post‑mortem examination of the dead body of Amiruddin, but he was not examined and his report was exhibited obvi......r case. The other appellants Fazir, Lokman, Mohiuddin alias Momuddin and Md. Mofazzal Hossain are discharged from their bail bonds. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 431.......se in the civil Court to agitate his title to the disputed plot and it is also likely that if Barmans had not possession in the disputed land, they would try to take possession thereof soon after the dismissal of the suit. And it happened so in this case. We, therefore, hold that the accuseds were i..Category: Criminal Law | Date: | Hits: 86
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....on the Port Authority under section 109(1) of the Act. Section 109(1) of the Act speaks that no suit shall be brought against the Trustees for anything purporting to be done under this Act, until the expiration of one month next after notice in writing has been delivered or left at the office of the......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......DLR 99 it has been held: "Plaintiff's right to sue has been positively obstructed by the provision of notice in section 109(1). He can file a suit without a notice only on the pain of a mandatory dismissal." 10. Now let me consider the contention of Mr. Karim that his client is not at all lia..Category: Business or Commercial Law | Date: | Hits: 397
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
....o by his judgment and decree dated 10-2-1964 dismissed the appeal and affirmed the judgment and decree of the trial Court. After disposal of the aforesaid Title Appeal the plaintiff put the decree to execution by starting Execution Case No.70 of 1964 in the Court of the Senior Assistant Judge (then ...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......d in the year 1947 and the proceeding of the execution of the execution case was stayed pending disposal of a suit filed by a 3rd party and the said suit by that party was dismissed in 1955 and after dismissal of that suit execution proceeding which was stayed so long was started. It was held in the..Category: Property Law | Date: | Hits: 94
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
.... of the land to the plaintiff, who subsequently came to know that defendant No.1 did not apply for income tax clearance certificate. The plaintiff had to send a notice to defendant No.1 asking him to execute a registered sale deed but without success. Hence, the suit. 5. The petitioner as defenda...... and was not free from encumbrance. The allegations made in the plaint were false and the suit was liable to be dismissed. 6. Ultimately, the defendant No.1 did not turn up the suit was decreed ex parte vide Judgment and decree passed by order No.152 dated 10-4-1995. 7. The petitioner thereaft......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
....This Case is also Reported in: 62 DLR (HCD) (2010) 533.......n 27-6-2007 for recovery of Taka 11,59,455. The petitioners did not receive the summons of the suit as result of which they could not appear to contest the suit and the suit was ultimately decreed ex parte by Judgment and decree dated 2-1-2008. Thereafter, the Bank filed Artha Jari Case No.41 of 200...... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533...Category: Civil Law | Date: | Hits: 157
....ce-president of the Bank on 23-2-1992. The Bank on 27-11-1993 leveled a charge sheet against the appellant bringing allegation of gross misconduct for allowing clean overdrafts in current accounts in excess of his power and for allowing clean drawings in different SOD accounts exceeding the face val......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......rovision of section 110 of the Banking Companies Act, 1991 and as per section 21 of the Penal Code the appellant is a public servant and as such the suit is the proper remedy against the order of dismissal passed against the plaintiff. In support this submission he relied on the case of IFIC Ban..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....rit Petition No.2617 of 2010. Judgment Zinat Ara J.- In this rule nisi, the petitioner called in question the legality of the judgment and decree dated 17-2-2004 (decree signed on 23-2-2004, Annexure-D and E to the writ petition respectively) passed by the learned Judge of the Artha Rin Adal......was not served upon the petitioner. Therefore, the petitioner was not aware about the institution of the suit. However, the suit was decreed on contest against the Company and other defendants and ex parte against the defendant-petitioner by judgment and decree dated 17-2-2004 (decree signed on 23......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..Category: Civil Law | Date: | Hits: 269
.... Commander was still angry with him. The Sector Commander left the border outpost after keeping 4/5 persons alleged to be smugglers with their used cycles under the custody of the petitioner. On the next morning those persons were brought to the Sector Headquarter at Dinajpur upon the direction of t...... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......rst Schedule may impose on such member any of the penalties mentioned in section 5. Section 5 provided that the following penalties may be imposed upon a member under this Ordinance, namely:-
a) dismissal from service;
b) removal from service;
c) discharge from service;
d) compulsory r..
Category: Others | Date: | Hits: 167
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....of fine shall be realised by attachment or sale of moveable property standing in his name and the name of his wife or in the name of his benamdar. The accused-appellant surrendered to custody and executed vokalatnama on 7.4.87 and preferred this appeal on 2.5.87. 2. The case for the prosecuti......nt prayed for being added as a party in the Court of the District Judge in Misc. Case No.40 of 1978 but his prayer was arbitrarily rejected. He further submitted that the District Judge passed the ex-parte judgment beyond the knowledge of the accused, that the accused and his wife after purchasing a......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
.... record whether any copy of that application was served upon the said plaintiffs 2-5. The same is also not produced before me. However, the Court allowed the prayer by order dated 22.4.82 which is Annexure -A and it is as follows: “১/২ নং বাদী ৩-৫ নং বাদীর ন......llowed on considering the circumstance. Amend the plaint and register accordingly.” 4. Thereafter since the defendants did not file any written statement, to contest the suit, it was decreed ex parte on 14.12.83. The previous plaintiff Nos.3‑5 filed an application under section 151 of the Co......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141...Category: Procedural Law | Date: | Hits: 124
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
.... of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued on 15.8.90 calling upon the respondents to show cam as to why the impugned order dated 16.6.90 as contained in Annexure‑J to the petition and them upon initiation of Criminal Case No.10 of 1990 on the basis of An...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......right. 3. The United Commercial Bank Ltd. has on its roll other than officers, about 418 employees. The Management of the Bank in matters of delinquencies of employees initiated proceedings for dismissal and at times if services of some employees are not required their services are terminated ..Category: Labour and Industrial Law | Date: | Hits: 176
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....e and the learned Munsif was satisfied that due to his old age the plaintiff could not appear at the hearing of the suit this Court should not interfere with the order passed by the learned Munsif in exercise of his inherent jurisdiction. 6. It is now well settled that if there is specific prov......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......8.84 the application was barred by limitation as time for filing such an application by a plaintiff for an order to set aside a dismissal for default of his appearance is 30 days from the date of dismissal of the suit and the learned Munsif has committed an error of law in his decision in allowi..Category: Limitation Law | Date: | Hits: 275
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....ellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed in part. Life is a bundle of incident. Every child is born with expectation of life and with constitutional guaranteed right of basic requirements for living. Death......n Halsbury's Laws of England may gainfully be followed by the appellate Courts when the dispute is as to the quantum only. 47. In the latter decision, the facts are that, the plaintiff obtained ex parte decree in Title Suit No.222 of 1976 for declaration that the property is not vested property a......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....No.2 applied for loan with the Sonali Bank. Sonali Bank on 15-2-1988 sanctioned Tk. 3,00,000 as house building loan. Judgment debtor No.2 on behalf of Judgment debtor No.1 received the said money and expended the same for constructing the building. As per sanction letter, defendant No.2 executed the......om the auctioned money all debts of this defendant as first charge would be Paid. 5. The learned Joint District Judge on 29-8-2002 decreed the suit against the proforma defendant on contest and ex-parte against defendant No.1 and 2. It has been directed that defendant No.1 and 2 would pay the mon...... is the penultimate date and if no execution case be filed within this period then as per sub-section 2 the execution case will be dismissed as barred by limitation. Sub-section 3 provides that after dismissal of the execution case under sub-section 2, then as per provision of Sub-section 3, within ..Category: Civil Law | Date: | Hits: 156
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
..... The relevant portion of Ext. 2 runs as follows:- "You are, therefore, hereby required to show cause why disciplinary action including dismissal from service should not be taken against you. Your explanation should be submitted to Mr. A.K.M. Ezharul Faiz, Asstt. General Manager, Advances Depar......), you must also attend office and sign attendance register. If you fail to submit your reply to the aforesaid Enquiry Officer within the specified date mentioned above the enquiry shall proceed ex-parte". 4. In pursuance of the above memo the plaintiff submitted show cause Ext.3 denying the......ked to show cause regarding the charge detailed in the letter. The relevant portion of Ext. 2 runs as follows:- "You are, therefore, hereby required to show cause why disciplinary action including dismissal from service should not be taken against you. Your explanation should be submitted to Mr. ..Category: Employment/Service Law | Date: | Hits: 175
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....r section 151 C.P.C. for setting aside the order of dismissal of the Miscellaneous Case passed on 11.3.1984 and for restoration of the suit. The learned Munsif by his order dated 22.3.1984 restored ex-parte the suit on setting aside the order dismissing the Miscellaneous case on condition to pay c......ection 151 C.P.C. for setting aside the order of dismissal of the Miscellaneous Case passed on 11.3.1984 and for restoration of the suit. The learned Munsif by his order dated 22.3.1984 restored ex-parte the suit on setting aside the order dismissing the Miscellaneous case on condition to pay cost......il Revision No. 81 of 1985. Judgment AM Mahmudur Rahman J. - The petitioners obtained this Rule against the order of the learned Munsif, Mirersarai Upazila, Chittagong setting aside an order of dismissal of the Miscellaneous Case and of restoration of Other Suit No.20 of 1980. 2. The opposi..Category: Criminal Law | Date: | Hits: 85
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