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Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....ent by its impugned order dated 1.9.93 permitting the defendants to file additional written statement if any, in Title Suit 56 of 1993, filed by the opposite parties 1‑4. Plaintiffs had obtained an ex parte decree in the said suit for ejectment of the petitioners as licencees, since they failed to...... by its impugned order dated 1.9.93 permitting the defendants to file additional written statement if any, in Title Suit 56 of 1993, filed by the opposite parties 1‑4. Plaintiffs had obtained an ex parte decree in the said suit for ejectment of the petitioners as licencees, since they failed to fi......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...Category: Property Law | Date: | Hits: 151
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
....er. After the departure of Mr. L. Kabir Sp. NK was pleased to endorse the same in my name to complete investigation. During investigation Mr. L. Kabir visited P. O. seized alamat items Nos.1 and 2, examined some witnesses. I also visited P.O. seized alamat and examined witness". 3. It is to b......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ......earned brother, Mr. Justice Kemaluddin Hossain for disposal of this appeal but I regret to say, with respect, that I have been unable to concur with the final order proposed by my learned brother for dismissal of the petition for quashment, although I fully agree with the view of my learned brothe..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
.... one Haladhar Dey Sarkar. The father's name of Mainuddin was wrongly mentioned to be Ainuddin in Khatian No.83 in place of his correct name of Amir. The jote of Mani Mohan Dutta was put to auction in execution of a decree for arrears of rent obtained by Haladhar Dey Sarker and purchased by the dec......te instructed by Md. Nurul Huq, Advocate-on Record—For the Appellants. Serajul Huq, Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Respondents No.1-8, 10, 11 & 13-20. Ex-parte—Respondent No. 9 Struck off Respondent No.12. Civil Appeal No. 25 of 1973. (From ......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
....this petition has raised some important questions of procedural law but at the same time the dispute which has arisen in respect of the election to certain offices of a Union Parishad requires very expeditious disposal, we were of the opinion that for the convenience of the parties and justice of ...... this Court and dispose of the suit according to law. The petition is accordingly disposed of but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......irst Miscellaneous Appeal, got the said appeal dismissed for non-prosecution on the ground that it had become infructuous and that the learned Judges of the High Court, after recording the order of dismissal of the appeal, proceeded to make the following observation in their order dated 24-3-77: ..Category: Civil Law | Date: | Hits: 111
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....y sanctioned under a usufructury mortgage against the defendants contending that the defendant No. 1 Mrs. Farzana Begum opened an account being CC No. 69 in the Pubali Bank, Bashabo Branch, Dhaka for extending loan to get support in the business. On her prayer, the plaintiff had sanctioned loan limi......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......ve loan money from the Bank by opening CC Account No. 69. The learned Advocate submits further that the learned Subordinate Judge could at best reduce some penal interest from the amount claimed, but dismissal of the entire claim of money was illegal and it cannot be sustainable in law. He submits t..Category: Civil Law | Date: | Hits: 116
Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
....No. 333 of 2002 in the Family Court, Dhaka against the defendant for custody of his male child Shajib aged about 21/2 years. The trial Court by the judgment and decree dated 9-6-2003 decreed the suit ex parte. Against which the defendant filed Miscellaneous Case No. 14 of 2003 under Order IX, rule 1...... 333 of 2002 in the Family Court, Dhaka against the defendant for custody of his male child Shajib aged about 21/2 years. The trial Court by the judgment and decree dated 9-6-2003 decreed the suit ex parte. Against which the defendant filed Miscellaneous Case No. 14 of 2003 under Order IX, rule 13, ......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48...Category: Civil Law | Date: | Hits: 130
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... the place of occurrence, made inquest of the dead body of the deceased in presence of the informant, his son Gulzur and others and sent the dead body of the deceased to the morgue for post mortem examination. He also seized a bloodstained mat, a broken mobile telephone set of the deceased and t......ru, Titu, Babul and Jamal shooting the deceased with pistols and revolvers, who fell down, Jalil Sheikh (PW 3) pulled him beside a wall. The accused persons at a time made several shots and then departed through the main gate. He ran to the deceased, held him and found him dead. Then he over mob...... to their guilt. The learned trial Judge rightly and legally convicted and sentenced the convicts which does not deserve interference. Therefore, he canvasses for confirmation of the reference and dismissal of the appeals. 8. Mr. SM Shahjahan, the learned Advocate appearing on behalf of Mr. A..Category: Criminal Law | Date: | Hits: 67
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....missed for default. Against the said order of dismissal the appellant has not taken any step. On 19.08.2004 writ-respondent No.6 wrote a letter to writ-respondent No.5 seeking direction in respect of execution of lease deed and handing over possession of the allotted land to the writ-petitioner. Sin......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......nch of Bangladesh Bank. In respect of the allotted land Other Class Appeal No.311 of 1991 was filed by Amena Khatun and others and the said appeal was dismissed for default. Against the said order of dismissal the appellant has not taken any step. On 19.08.2004 writ-respondent No.6 wrote a letter to..Category: Property Law | Date: | Hits: 79
Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)
....ndant No.2 Superior Builders and Engineers Ltd. owes the plaintiff bank Tk.64.27 lac and that the defendant Nos.3-6 who are the Chairman, the Managing Director and the Directors of both the Companies executed personal guarantees to secure the above liabilities of both the companies. This petitioner ......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......ry serious consequences. This power has to be used in exceptional circumstances and ought to be used only when the court is absolutely sure that the plaintiff does not have an arguable case at all. A dismissal of suit and a rejection of plaint are not identical terms. A plaint can be rejected on any..Category: Procedural Law | Date: | Hits: 112
Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)
....ce and thereafter also directed to show cause as to why the appeal should not be dismissed for non- supplying the copy of the notice. He has further submitted that the petitioner showed cause and was exempted by the Court and, as such, the petitioner or his lawyer did not follow the progress of the ......inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......urt. The learned Advocate has also submitted that as the Court exempted the petitioner, the petitioner had no laches. Lastly, he has submitted that once an appeal was admitted, there was no scope for dismissal on the ground of non-supplying of notice because in a criminal case notices are served by ..Category: Criminal Law | Date: | Hits: 63
Khodeja Begum & others Vs. Md. Sadeq Sarkar, 1994, 23 CLC (HCD)
.... Tushpur on 4-2-1985 and they have six children out of this wedlock and the learned appellate Court in spite of the submissions did not take notice of those facts nor considered the evidence of 5 DWs examined on behalf of the defendants. He submits the above facts were mentioned in the revisional ap......stitution of conjugal rights at present and in future filing of such suits. Let the records of this case be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 181. ...... by the Subordinate Judge, Chandpur defendants preferred this Civil Revision before this Court. 9. Mr. MA Rahim, the learned Advocate appearing on behalf of the petitioners, submits that after the dismissal of the suit by the trial Court the defendant No.1 was given in marriage and since then she..Category: Family Law | Date: | Hits: 185
Syed Masud Ali and others Vs. Md. Asmatullah and others, 1978, 7 CLC (AD)
.... the enrolment made by the Administrator of Waqfs under section 47 of the Waqfs Ordinance, 1962 is a decision under section 50 of the Ordinance and it would be challenged by a person aggrieved. The expression "any person aggrieved" has been interpreted as "any person interested in the Waqf" and so......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249.......first schedule land of the plain if the plaintiff so desires to proceed. In the circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 249...Category: Trust/Waqf Law | Date: | Hits: 136
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....t, we find that it provides, under section 23, that on the registration of the Memorandum of Association of a company, it shall be a body corporate by name contained in the Memorandum, capable of exercising all functions of an incorporated Company having perpetual succession and a common seal. I......ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234.......ted Company incorporated under the Companies Act, which has been nationalised under the President's Order No.27 of 1972, if dismissed after the Order of nationalisation was passed can challenge the dismissal order in the Writ jurisdiction of the High Court Division. 2. Facts for disposal of th..Category: Employment/Service Law | Date: | Hits: 104
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....d kabala dated 11 July 1963 from one Rabi Dasi, daughter of one Biman Dasi. Defendant No 1 claimed that Biman Dasi took lease of 10 decimals of land including the suit land from the Delaney Estate by executing kabuliyat in the year 1935 and that after possessing it for many years she gifted it to he......ucted by B. C. Panday, Advocate-on-Record - For the Appellant. M. H. Khondkar, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1. Ex parte - For Respondent Nos. 2-5 & 6(1) to 6(A). Civil Appeal No. 20 of 1982. From the judg......owed. The judgment and decree of the High Court Division is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ..Category: Property Law | Date: | Hits: 58
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....ry of possession of the suit land. During the pendency of the suit the original plaintiff Abdul Gani died and the respondents got themselves substituted as plaintiffs and subsequently they obtained ex parte decree on 19-7-72. 3. On 18-5-74 the appellants filed Miscellaneous Case No. 48 of 197......of possession of the suit land. During the pendency of the suit the original plaintiff Abdul Gani died and the respondents got themselves substituted as plaintiffs and subsequently they obtained ex parte decree on 19-7-72. 3. On 18-5-74 the appellants filed Miscellaneous Case No. 48 of 1974 u......or the aforesaid reasons, the order of the learned Judge of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 162...Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....on Judge, Chittagong who admitted the motion on June 30, 1980 and stayed the making over possession of the land if it had not been made over by the receiver. On an application of the respondents an ex-parte order was passed on July 9, 1980 by the Additional Sessions Judge, Chittagong to whom the a......Judge, Chittagong who admitted the motion on June 30, 1980 and stayed the making over possession of the land if it had not been made over by the receiver. On an application of the respondents an ex-parte order was passed on July 9, 1980 by the Additional Sessions Judge, Chittagong to whom the afor......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....m by his order dated 8-7-53, which was duly approved by the Collector of Khulna and subsequently also by the Board of Revenue, that Appellant No.1 paid the Salami money and rent to the Government and executed a Kabuliyat on 15-9-53 in favour of the Collector of Khulna, who accepted the same, that th......torney-General with B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - For the Respondent No.1. Respondent No.2 - Dead. Respondents No.3 and 4 - Ex-parte. Civil Appeal No.24 of 1976. (From the Judgment and Decree dated 28-6-74 passed by the ......manded to the trial Court for disposal in the light of the observation made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
..................Respondents
Judgment
August 15, 2004.
Result:
The Rule is discharged.
Cases referred to-
Md Mahmudul Hoque Vs. Md Shamsul Alam, 36 DLR (AD) 179; Senior Manager, Dosta Textile Mills Ltd Vs. Sudhansu Bikash Nath, 40 DLR (AD) 45 = 52 DLR (AD) 45; Pioneer Garments Ltd Vs.......excess of its jurisdiction. Therefore, there is no merit in this Rule.
The Rule is accordingly, discharged without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 627.
......dering the evidence adduced, by the impugned Judgment dated 4‑8‑1998 allowed the complaint case and ordered for reinstatement of the respondent No. 2 with back wages by setting aside the order of dismissal dated 16‑4‑1997.
4. Respondent No. 2 has filed affidavit-in-opposition contending..
Category: Labour and Industrial Law | Date: | Hits: 188
Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)
.... with section 467 PC and for further or additional evidence, if any. 3. Learned Advocate shows that after receipt of the case record the trial Court directed the complainant to deposit Taka 500 as expert witness fee (TA) and the same was duly deposited by the complainant on 8‑1‑1995. Accordin......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......ed complainant was absent and accordingly, accused was acquitted under section 247 CrPC the Court having dismissed the case. 20. High Court was moved against such order of acquittal of accused and dismissal of the case, Appeal was allowed and the order was set aside and the matter was sent back f..Category: Procedural Law | Date: | Hits: 73
....
Md. Ruhul Quddus J. - This Rule, at the instance of a judgment debtor, was issued calling in question order dated 31.5.2004 passed by the Judge, Artha Rin Adalat No.1, Pirojpur admitting a second execution case namely Artha Rin Decree Execution Case No.2 of 2004 arising out of Artha Rin Suit No.......ion are that respondent No.3, Bangladesh Krishi Bank, Pirojpur branch as plaintiff instituted Artha Rin Suit No. 3 of 1998 against the petitioner for realisation of loan. The said suit was decreed ex parte and the decree-holder bank initiated Artha Rin Decree Execution Case No.5 of 1999 which was di......ontended that the second execution case in question is well within time and as such maintainable in law.
4. Mr. M. A. Muntakim, the learned Advocate appearing for the petitioner submits that after dismissal of the first execution case for default on 29.7.2002, the second execution case has been f..
Category: Civil Law | Date: | Hits: 107
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