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Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....nd possessing the suit land by mutating his name, paying all rent and Taxes of the government and prayed for dismissal of the suit. 4. The Assistant Judge, Sadar Noakhali heard the suit. Plaintiff examined 5 witnesses and the defendant examined 4 witnesses to prove their respective case and also ......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......nt No.1 and handed over possession and since purchase the defendant No. 1 has been owning and possessing the suit land by mutating his name, paying all rent and Taxes of the government and prayed for dismissal of the suit. 4. The Assistant Judge, Sadar Noakhali heard the suit. Plaintiff examined ..Category: Property Law | Date: | Hits: 88
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
....had appeared in the suit and took time for filling written statement. As they failed to submit any written statement and take any step in spite of several adjournments, the suit was fixed for hearing ex parte on 12.3.1995 and ultimately it was decreed ex parte. 3. Against the said ex parte decree...... appeared in the suit and took time for filling written statement. As they failed to submit any written statement and take any step in spite of several adjournments, the suit was fixed for hearing ex parte on 12.3.1995 and ultimately it was decreed ex parte. 3. Against the said ex parte decree, t...... the Rule. In the result, the Rule is discharged. The order of stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 74
....1.1977. The present plaintiff respondent being aggrieved by the said judgment and decree preferred First Appeal No. 9 of 1978 and the appeal was dismissed by the judgment and decree dated 18.03.1984 (exhibit-‘kha’). Thereafter the present plaintiff preferred civil petition for Leave to Appeal No......he suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J. - I agree.
Ed.
This Case is also Reported in:
......f the defendants from enjoying the fruit of the decree passed in other suit no. 41 of 70 and from executing the same vide Execution Case No. 20 of 1985. With these averments the appellants prayed for dismissal of the suit.
5. The learned Sub-ordinate Judge framed the following issue:-
1) Is th..
Category: Property Law | Date: | Hits: 113
Syed Selim Ahmed Vs. Apparel World (Pvt.) Ltd. and another, 2011, 40 CLC (HCD)
....s. First Miscellaneous Appeal No. 260 of 2002 with Civil Rule No. 9 (F.M.) of 2003. Judgment Md. Ruhul Quddus J. - This First Miscellaneous Appeal at the instance of a judgment debtor in an ex parte money decree is directed against order dated 10.7.2002 passed by the Joint District Judge, ...... First Miscellaneous Appeal No. 260 of 2002 with Civil Rule No. 9 (F.M.) of 2003. Judgment Md. Ruhul Quddus J. - This First Miscellaneous Appeal at the instance of a judgment debtor in an ex parte money decree is directed against order dated 10.7.2002 passed by the Joint District Judge, thi......sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 119
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
.... decimals of land described in 'Kha' Schedule of the plaint. Defendant appeared in the suit and took time for filing written statements but ultimately did not contest. The suit was ultimately decreed ex parte. On 15-11-1998 opposite party filed a Miscellaneous Case being Miscellaneous Case No. 50/19......cimals of land described in 'Kha' Schedule of the plaint. Defendant appeared in the suit and took time for filing written statements but ultimately did not contest. The suit was ultimately decreed ex parte. On 15-11-1998 opposite party filed a Miscellaneous Case being Miscellaneous Case No. 50/1998 ......X, rule 13 of the Code for restoration of the suit to its original file and number setting aside the ex parte decree which was dismissed for default on 4-4-2002. 6. Petitioners' case is that after dismissal of the Miscellaneous Case the judgment-debtor dispossessed them from the suit land on 24-9..Category: Civil Law | Date: | Hits: 100
Halima Jaman and other Vs. Government of Bangladesh, 1998, 27 CLC (HCD)
....t. Plaintiff Asaduzzaman died on 8-12-1991 (after dismissal of the suit on 9-6-1990). The case of the plaintiff, in short, is that defendant No.1A. Satter Solaiman, admittedly a non-Bengali national, executed an agreement on 14-10-1971 for sale of the suit property to the plaintiff at a consideratio...... 1 of the CPC. We find no merit in this application for review. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 352. ......tle Suit No.107 of 1988 of the Court of learned Subordinate Judge, Dhaka) against defendant No.1 A Satter Solaiman for specific performance of contract. Plaintiff Asaduzzaman died on 8-12-1991 (after dismissal of the suit on 9-6-1990). The case of the plaintiff, in short, is that defendant No.1A. Sa..Category: Property Law | Date: | Hits: 89
Mayurer Nessa and others Vs. Julekha Khatoon and others, 1994, 23 CLC (HCD)
....lord on the basis of kabuliyat and patta from the landlord Gouri Pria Debi at an annual jama of Taka 16.00 and as the taluk of Gouripria Debi was purchased by Nabin Chandra Chakraborty said Alabuddin executed a kabuliyat in favour of the purchaser landlord who also executed a patta in his favour on ......tness of such entry is erroneous. 8. It appears from judgment of the trial Court that the suit was decreed on compromise between the plaintiffs and defendant Nos. 2, 3 and 12‑17 on 4.3.64 and ex parte against the rest and subsequently appellants filed a Miscellaneous Case and got the decree set......ees of the Courts below are modified and the suit is decreed in part in preliminary form in terms of compromise petition dated 4.3.1964. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 26...Category: Procedural Law | Date: | Hits: 85
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....llant being hard pressed for money voluntarily entered into an agreement with the defendant to sell out the suit land to the defendant respondent for a consideration of Rs. 1201.00 and accordingly, executed a Bainapatra on the 16th Paush, 1377 BS corresponding to 1.1.71 vide Ext. B. on receipt of ......sts and set aside impugned judgment and decree passed by the learned Munsif and decreed Title Suit No. 108 of 1974 on contest with cost against the contesting defendant (the present appellant) and ex parte against defendant No. 2 and dismissed Title Suit No. 221 of 1973 with cost against the contest......ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70...Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
.... from 15-2-1989. On 09-3-1991 the petitioner was summoned by the MD because an office order passed by the petitioner was considered to be in violation of instructions from Head Office. The petitioner explained his position, but on the following day he received a letter under the signature of the the...... the petitioner within 3(three) months from receipt of a copy of this judgment. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 149. ......eal was dismissed. The petitioner had prayed for a direction upon his employers to allow him to join his post. After the Rule was made absolute by the High Court Division and also subsequent to the dismissal of the respondent's leave application, the petitioner submitted an application to his empl..Category: Employment/Service Law | Date: | Hits: 156
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....member of the society and the Secretary-General of the Bangladesh Judicial Service Association, the Petitioner feels aggrieved by the impugned notification No.CD-10/1/85-Rules/361 dated 11-9-1986 (Annexure-A). He has filed the Writ Petition in his capacity as a concerned, affected and aggrieved citi......i to invoke the jurisdiction, an applicant has to show that he is an aggrieved party in an application certiorari, mandamus or prohibition. 42. The leading English case on locus standi is ex parte Sidebotham, (1880) 14 Ch D 458 whether the Court held that a person aggrieved is a man "who ha......is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ..Category: Constitutional Law | Date: | Hits: 270
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....re Urban Immovable Property Tax is levied at 10% by the Government and in view of rule 3(1) of the Municipal Model Taxation Rules providing ceiling of 17%, the tax levied by the Municipality cannot exceed the remaining 7%. The Additional Commissioner after hearing the parties accepted the conten...... Lawyers Involved: Hafizullah, Advocate – For the Appellant. Mustafa Kamal, Advocate, with AKM Nurul Islam, Senior Advocate, instructed by Md. Yakub Ali, Advocate - For Respondent No.1. Ex-parte—Respondent Nos. 2 and 3. Civil Appeal No.97 of 1977. (From the Judgment and Order dat......s to costs. Order of the Court. In accordance with the view of the majority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276...Category: Fiscal/Taxation Law | Date: | Hits: 156
.... appellant submitted his statement. On 30.1.73, Respondent No.2 passed an order granting him leave preparatory to retirement for six months and permitting the appellant to retire on 31.7.73. On the expiry of the leave. On 3.4.73. The appellant was charged under Article 5(a) & (b) of the P.O. 6......the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 256.......eal by special leave arises out of a judgment and order passed by the High Court discharging the rule in Writ petition No.22 of 1974.
2. The appellant filed a writ petition challenging an order of dismissal passed on 26.11.73.
Facts giving rise to the proceeding are as follows:
The appella..
Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Biman Corporation Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
....ladesh Biman and by an order dated 12.10.73 he was absorbed in his service with retrospective effect in Grade No.VII allowing him to continue his service from 1961. Thereafter he was promoted to the next higher Grade and in 1975 he was posted as Manager, Quality Control. Suddenly his services were......ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......ust to hold that an employee of the Corporation will be punished for misconduct as a public servant but dismissed like a private servant. It was observed that he is entitled to hearing before his dismissal and he can maintain an action for declaration as nullity. The Respondents in these cases a..Category: Employment/Service Law | Date: | Hits: 123
Md. Jalal Hossain Mollah Vs. Md. Azizur Rahman and others, 2012, 41 CLC (AD)
....owed that appeal by the judgment and order dated 04.07.2005. Against that judgment and order the respondent Nos.1 and 2 preferred Civil Revision No.3043 of 2005 and obtained rule. That rule was heard ex-parte and by the impugned judgment and order the High Court Division made that rule absolute sett......d that appeal by the judgment and order dated 04.07.2005. Against that judgment and order the respondent Nos.1 and 2 preferred Civil Revision No.3043 of 2005 and obtained rule. That rule was heard ex-parte and by the impugned judgment and order the High Court Division made that rule absolute setting....../- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ..Category: Procedural Law | Date: | Hits: 81
M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)
..... This petitioner appeared in that suit and filed written statement and the suit was ultimately ready for peremptory hearing and peremptory hearing also started and one witness of plaintiffs also was examined in part. Thereafter, on the plaintiffs' prayer several adjournments were allowed. On 24.0......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......218 of 2003 of the Court of Joint District Judge, Additional Court, Dhaka rejecting an application under Order 17 Rule 1(4) of the Code of Civil Procedure filed by this present petitioner praying for dismissal of the suit. 3. The short facts necessary for disposal of this civil petition for leave..Category: Procedural Law | Date: | Hits: 75
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....ire into the allegations brought against the petitioner was in violation of the mandatory provisions of law, that one of the members of the said committee, namely, Md. Abdur Razzaque Bhuiyan, the executive Engineer, L.G.R.D. was below the rank of that of the appellant. The Administrative Appella......the departmental proceeding against this petitioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......atory provisions of law, decided to dismiss the petitioner from service and since the petitioner was a First Class Gazette Officer the authority took opinion of the Public Service Commission also for dismissal of the petitioner and the Public Service Commission also agreed with the decision of the a..Category: Administrative Law | Date: | Hits: 263
....osite parties from dispossessing the plaintiff from the suit land contending inter alia that the suit land originally belonged to Bhowal Raj Estate who settled the same to the plaintiff-petitioner by executing Amalnama and since then she has been possessing the suit land peacefully. It has been furt......over the suit land and as such the suit is liable to be dismissed with cost.
5. After framing issues the opposite party-defendants did not contest the suit and as such the suit was taken up for ex-parte hearing. Lastly, the learned Assistant Judge after hearing dismissed the suit ex-parte.
6. ......t was taken up for ex-parte hearing. Lastly, the learned Assistant Judge after hearing dismissed the suit ex-parte.
6. Being aggrieved by and dissatisfied with the aforesaid Judgment and decree of dismissal, the plaintiff-petitioner preferred an appeal which was subsequently heard and disposed of..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....hallenged the said deed on the ground that the said deed was not for legal necessity. It appears, both the Courts concurrently found that the disputed deed is not a forged deed, but the same has been executed and registered by Onnada Sundari in favour of Santo Kumar Kuri. Both the Courts also found ......n the property and she had no right to make any gift as mentioned earlier and that Santa Kumar Kuri had no means and abilities to maintain Armada Sundari and he did nothing for the salvation of the departed soul of Mohesh Chandra Kuri. Santa Kumar Kuri created the forged and collusive deed by false ......ugned deed and after the death of Santa Kumar Kuri defendant inherited the property and possessed the land concern as before and that the claim of the plaintiffs is false and defendant prayed for the dismissal of the Suit. 4. The learned trial Court on consideration of the evidence and materials ..Category: Civil Law | Date: | Hits: 103
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....in and others ..................................Plaintiff-opposite parties Judgment July 8, 2010. Result: The Rule is hereby made absolute. Cases Referred to- BSRS Vs. Rahman Textile Mills Ltd., 51 DLR (AD) 221; Manir Ahmed Khan Vs. Bazlu Mia (MA), 8 BLD 241; Habibur Rah...... of law that is if any party is aggrieved by Judgment and decree of the Artha Rin Adalat he may prefer appeal against the same as per specific provisions of the Artha Rin Adalat Ain and in case of ex-parte decree, the Judgment debtor may prefer an application under section 6(2) of the Artha Rin Adal...... 2nd Court, Narayanganj is hereby set aside and the plaint of Title Suit No.31 of 2002 is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 97, 118; 16 BLC (HCD) (2011) 277, 293. ..Category: Civil Law | Date: | Hits: 141
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
.... High Court Division also observed that from the deposition of P.W.1 it appeared that the petitioner was a member of the trade union in 1991 but he could not prove that he was cither office bearer or executive member of any trade union after 1991. Therefore, it could not be said that the petitioner ......e impugned judgment of the High Court Division does not call for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 255.......liciter and also failed to take into account the evidence furnished by the petitioner in support of his claim of victimization. He further submits that the termination of the petitioner was a virtual dismissal in the cloak of termination which was motivated and malafide. 6. Mrs. Sufia Khatun, the..Category: Labour and Industrial Law | Date: | Hits: 183
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