Search Options
Judgment Advanced Search
Displaying 621-640 of 1761 results.
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....nvestigation submitted charge sheet against the accused petitioner only, showing him as absconding. The trial was held by the learned Upazila Magistrate, Purbadhala in absentia. 4. The prosecution examined the informant as P.W.1 and examined 3 other more witnesses beside the Investigating Officer......e been held without the knowledge of the accused and behind his back and the Limitation Act having not provided any special limitation for appeal in case of such trial in absentia, as if held ex parte by committing fraud upon the court by suppressing notice, it would be in consonance with the......of Additional District Magistrate. It was challenged on appeal before the Court of District Judge. The learned District Judge held the appeal to be barred by limitation and dismissed the same. This dismissal of the appeal as time barred was challenged before the High Court in the case reported on ..Category: Procedural Law | Date: | Hits: 122
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....that he was implicated in a false criminal case and was discharged from that case and thereafter a departmental proceedings was started against him. In that departmental proceeding witnesses were not examined in his presence and he was not given chance to cross- examine them in a mala fide manner an......ourt adjudicating an industrial dispute cannot exercise powers given under the Provisions of Order 9 of the Code of Civil Procedure to set aside order of dismissal for default or allowing the case ex parte. 7. Under the provisions of sub-section (1) of section 36 of IRO Labour Court shall follow......nt and other materials on record submitted that respondent No.2 filed Complaint Case No.132 of 1983 under section 25(b) of the Employment of Labour (Standing Orders) Act, 1965 complaining against his dismissal from service and praying for re‑instatement with back wages. The case was rejected by or..Category: Labour and Industrial Law | Date: | Hits: 177
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....iff. 2. The short facts relevant are that, the opposite party No.1 and the opposite party Nos. 32 and 33 being plaintiffs instituted the aforesaid title suit No.149 of 1993 for partition to the extent of 10-2/7 pies share in the property measuring an area of 0.58 acre appertaining to CS Khatia......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......tion of the petitioners into the category of the plaintiffs in essentially and legally required since the plaintiff is collusion with defendant Nos.13-16 filed a compromise petition with a prayer for dismissal of the suit on compromise leaving no room for the defendant-petitioners to claim any share..Category: Civil Law | Date: | Hits: 154
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....ff also filed Other Suit No.131 of 1982 against the Government seeking declaration of his title to the suit property i.e. land and the residential building standing thereon and ultimately obtained an ex parte decree but the defendants did not vacate the suit property and hence he filed the instant s......also filed Other Suit No.131 of 1982 against the Government seeking declaration of his title to the suit property i.e. land and the residential building standing thereon and ultimately obtained an ex parte decree but the defendants did not vacate the suit property and hence he filed the instant suit......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 111
....rection shall not be issued to them to review the order of dismissal passed on the petitioner under Martial Law Order No. 9 of 1982 as contained in Order No. DS (Enq)/PA-13/85-240 dated 15.10.85 Annexure 'E' as per decision in Memo No. 6501/3/ML-2/E/147 dated November 1, 1989, Annexure 'H'.
2. ......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
......01 of 1988.
Judgment
Abdul Matin Khan Chowdhury J. - This Rule was issued calling upon the respondents to show cause as to why the direction shall not be issued to them to review the order of dismissal passed on the petitioner under Martial Law Order No. 9 of 1982 as contained in Order No. D..
Category: Employment/Service Law | Date: | Hits: 209
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
.... Miscellaneous Case, awarding a cost of Taka 1,000 to be paid to the defendant-petitioners within 45 days from the date of the order, Thereafter, in view of filing an application by the plaintiff for exempting her from paying the cost, the learned Assistant Judge reduced the cost from Taka 1,000 to ......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......fendant petitioner. 3. The plaintiff-opposite party filed the aforesaid Miscellaneous Case No.1 of 1994 under Order IX rule 9 of the Code for restoration of the suit after setting aside the said dismissal order dated 23‑1‑94. The defendant-petitioner resisted the said Miscellaneous Case by ..Category: Procedural Law | Date: | Hits: 94
Wahed Asgar Chowdhury Vs. Judge 2nd Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....desh Shilpa Bank provided the foreign currency portion of the loan facility, the documents of the said properties were deposited with respondent No.12 for and on behalf of respondent banks under an executed contract dated 5-5-1980 among the respondent banks. Since the said loan facility had fall......ng the outstanding loan. Thereafter, the respondent Nos. 3-12 being plaintiffs, jointly instituted Mortgage Suit No.6 of 1988 for realizing the outstanding loan. The said mortgage suit was decreed ex parte by the 2nd Commercial Court, Chittagong vide order No.66 dated 24-8-1991 and the formal prelim......n Case No.215 of 2004 now pending in the Artha Rin Adalat No.1, Chittagong be declared to be unlawful and not maintainable at all. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 331. ..Category: Civil Law | Date: | Hits: 134
....es no notice under section 23 of the Non-Agricultural Tenancy Act was served upon the petitioner-respondent. It is also the case of the petitioner-respondent that he was minor when those kabalas were executed and registered and that he was ignorant about these at the time of transfers. It is also th......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......fore the Additional Assistant Judge, Chandpur and Annexure B is the application filed in the said Suit by the present appellant under Order 14, rule 2 of the Code of Civil Procedure with a prayer for dismissal of the suit and Annexure C is the order-sheet dated 24-5-88 and 29-5-88.
19. Khondker M..
Category: Property Law | Date: | Hits: 113
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
....dge, 3rd Court, Dhaka on the same day for eviction of their monthly tenants, namely, Md. Shamsul Alam @ Md. Alam and Haji Abdul Jabbar respectively from the suit premises. Both the suits were decreed ex parte on 26‑2‑1992. The decrees were put into execution vide Title Execution Case Nos. 8 of 1......, 3rd Court, Dhaka on the same day for eviction of their monthly tenants, namely, Md. Shamsul Alam @ Md. Alam and Haji Abdul Jabbar respectively from the suit premises. Both the suits were decreed ex parte on 26‑2‑1992. The decrees were put into execution vide Title Execution Case Nos. 8 of 1992...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ..Category: Procedural Law | Date: | Hits: 100
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....ow dead, and her son Abdul Latif took loan to complete the under construction building of Saleha Kahtun by mortgaging the schedule land including the structures thereon. The said suit was decreed ex parte on 27-9-2003. 3. Thereafter, an Execution Case bearing No.355 of 2004 was started on 1-6......dead, and her son Abdul Latif took loan to complete the under construction building of Saleha Kahtun by mortgaging the schedule land including the structures thereon. The said suit was decreed ex parte on 27-9-2003. 3. Thereafter, an Execution Case bearing No.355 of 2004 was started on 1-6-20......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ..Category: Civil Law | Date: | Hits: 229
Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
..../34 of the Penal Code to which the present appellants and other accused persons, who were on dock, pleaded not guilty and claimed to be tried. 6. In order to prove its case, the prosecution in all examined 19(nineteen) witnesses. The defence Cross-examined the prosecution witnesses but did not ex...... 16(sixteen) years released from the Jail immediately, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242....... voluntary by the trial Court and, as such, conviction can be based relying on the said confessional statement. He further submits that the prosecution proved the motive of the murder and prays for dismissal of the appeal. 12. Heard the learned Advocates, perused the impugned judgment and order..Category: Criminal Law | Date: | Hits: 112
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....r failed to repay the said loan. Accordingly, House Building Finance Corporation filed Miscellaneous Case No.88 of 1976 under Article 27 of PO 7 of 1973 for recovery of Taka 59,653.00 and obtained an ex parte decree. In execution of the said decree the property mentioned in the schedule to the plain......ailed to repay the said loan. Accordingly, House Building Finance Corporation filed Miscellaneous Case No.88 of 1976 under Article 27 of PO 7 of 1973 for recovery of Taka 59,653.00 and obtained an ex parte decree. In execution of the said decree the property mentioned in the schedule to the plaint w......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280...Category: Property Law | Date: | Hits: 144
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
.... Zakir Ahmed J.- In this Writ petition under Article 102 (2)(a) (ii) of the Constitution the petitioner challenged the legality of an order contained in Memo No.1st 236/84/1112/7 dated 9-8-1988 (Annexure I to the petition) passed by the respondent No.1 purporting to withdrawal of the Dispute Case ......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......f Local Government, Rural Development and Co-operatives, dated 5-1-1987 passed in a dispute case is quite different in nature and has no relevancy in the matter. And hence the impugned withdrawal and dismissal of the Dispute Case No.10 of 1988 is clearly violative of the provision of law and the Rul..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....as issued calling upon the respondent No.1 to show cause as to why the impugned notification No. নিফস/পিং/জাঃ সাং-২৯/৯৮ ২০৭২ dated 15-4-98 as contained in Annexure-C to the writ petition should not be declared to have been made without any lawful authority a...... the Barisal Divisional Election Tribunal where it was renumbered as Election Case No.1 of 1997. 5. On the death of the returned candidate, Dr. Ehtesamul Hoq Nasim Biswas, on 12-3-98 a date for ex parte disposal was fixed on 15-4-98 by the tribunal. On that date two other candidates entered appea......n election is held now in the disputed constituency under Article 123, before the election dispute is finally decided, it will amount to adjudication of the dispute by the Election Commission and the dismissal of the election dispute, (b) it will be an affront to Article 125 of the Constitution w..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....nt and decree declaring the order of dismissal dated 27-9-82 as null and void, inoperative and not binding upon the plaintiff opposite party and that the plaintiffs till holds his service. 6. The next contention of Mr. M Nurullah, the learned Advocate for the petitioner-Corporation, that the suit......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......ka decreeing the suit. 2. The opposite party as plaintiff filed Title Suit No.647 of 1985 in the 4th Court of Munsif, Dhaka praying for decree declaring that he is continuing in his service as his dismissal was not made as per service rules of the corporation and also for a decree for all arrear ..Category: Employment/Service Law | Date: | Hits: 182
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....ctor-4 at Uttara Model Town, Dhaka (hereinafter referred to as the house). The appellant mortgaged the house in terms of mortgage deed registered on 6-5-1990 in favour of the Bank. The appellant also executed some other documents in favour of the Bank for securing the loan. The appellant obtained th......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......gment and Order passed in the Writ petition, the appellant filed Civil Petition for Leave to Appeal No.516 of 2008 before this Division. The leave petition was dismissed on 8-4-2009. Against the said dismissal of the leave petition, the appellant filed Civil Review Petition for Leave to Appeal No.80..Category: Civil Law | Date: | Hits: 138
....af Kabala deeds dated 21st Baishakh, 1382 BS corresponding to 5.5.75 and delivered khas possession of the suit land to the defendant petitioners. On the same date a deed of agreement was to have been executed by the defendants for retransfer of the said land on refund of the consideration money with......ure the specimen signatures of the defendant but the defendant failed to appear on the date fixed which gives the impression that the defendants themselves might not have been prepared to face the ex parte examination of their signatures and thumb impression appearing in Ext. 1.
22. The next ques......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
..
Category: Property Law | Date: | Hits: 78
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....as entrusted with the investigation of the same, who went to the house of the accused and made inquest of the dead body of the deceased at 4-05 PM and sent the dead body to the morgue for post mortem examination for ascertaining the cause of death. He seized one orna, a revolving chair and a cot as ......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......r the prosecution. Thus according to her there is no ground for interference with the Judgment and order of conviction and sentence. With these words she canvasses for acceptance of the reference and dismissal of the appeals. 11. Mr. Khandker Mahbub Hossain, the learned Advocate appearing on beha..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....oposed to sell a portion of the said property, hereinafter be called the suit property, measuring an area of 1.02 acres to the plaintiff at a consideration of Taka 25,000. Thereafter a Bainapatra was executed in between the defendant No.1 and the plaintiff on 17-5-1994 upon payment of earnest money ...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ......ding that the plaintiff miserably failed to prove his case and upon finding that the alleged Bainapatra is a forged one, dismissed the suit by his Judgment dated 29-10-2000. 9. As against the said dismissal of the suit the plaintiff preferred Title Appeal No.20 of 2001 before the District Judge, ..Category: Procedural Law | Date: | Hits: 120
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)
....nd Assistant Returning Officer were made parties the petition cannot be maintained as according to the learned Advocate it is the violation of the mandatory provision of Article 50 of the Order. His next submission is that in the prayer portion also there is a violation of the provision of Article 5......hearing the learned Advocate for the petitioner, we find no merit in this application. So, this application is rejected summarily. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 441. ......against order dated 5‑10‑1997 passed by the learned Election Tribunal, Dhaka Division, Dhaka in Election Petition No.2 of 1997. The Tribunal by the said order rejected the petitioner's prayer for dismissal of the said election petition. 2. It is case of the present petitioner that opposite pa..Category: Election Law | Date: | Hits: 247
72587254724772427226722372137201718371807165715471427141714071267116710271017092