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...., 39,608.55 (taka six lac thirty-nine thousand six hundred eight taka and paisa fifty five) only by selling the mortgaged property and the said suit was decreed on contest against petitioner No.1 and ex parte against others by judgment and decree dated 31.5.1994. Thereafter, the decree-holder bank o......9,608.55 (taka six lac thirty-nine thousand six hundred eight taka and paisa fifty five) only by selling the mortgaged property and the said suit was decreed on contest against petitioner No.1 and ex parte against others by judgment and decree dated 31.5.1994. Thereafter, the decree-holder bank on o...... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 80
....filed Case No.7 of 2001 (kha) in the First Court of Settlement, Dhaka for release of the said property, which was rejected on 1.12.2001. It is alleged that in rejecting the case, the Tribunal did not examine the thump impression of the original allottee Ramjan Ali by an expert and illegally arrived ....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
......D) 93.
11. On the other hand Ms. Promila Biswas, learned Deputy Attorney General Appearing for the Government-respondents submits that the decision of the Court of Settlement reached finality with dismissal of the civil petition filed by late Mukhlesuddin Ahmed, father of the plaintiffs. Thus the..
Category: Property Law | Date: | Hits: 78
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
....: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Govt. of Bangladesh & another.............. Appellants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. Result: The appe......l, instructed by B Hossain, Advocate on Record - for the Appellants. H.R. Sharif, advocate, Supreme Court, instructed by Syed Sakhawat Ali, Advocate on the Record - for the respondent No. 1. Ex parte - Respondent Nos. 2 & 3. Civil Appeal No. 46 of 1982. (From the Judgment and order d...... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ..Category: Alternative Dispute Resolution | Date: | Hits: 238
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Md. Ensab Ali Akand…………………………………………Respondent Order March 4, 2012. Result: The order of status quo granted earlier be extended till disposal of the appeal. Lawyers Involved: A. M. Aminuddin, Advocate instructed b......tted to prepare the paper books out of Court in accordance with Rules. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: ......€™ If so the year of his death would not be in 1384 B.S., the High Court Division upon non-consideration of the oral evidences wrongly held that Brindaban Goswami died on 03.04.1384 B.S. and thus the dismissal of suit treating the deed of the plaintiff as not genuine is liable to be set aside”. ..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....declaration of their title in the suit land described in the schedule to the plaint. The land covering an area of 43 acres appertaining to RS Khatian No.157 originally belonged to Lamio Matbar to the extent of 8 annas share and Khemari Mongi and Chamakhi Mongi to the extent of 2 and 6 annas shares r......also observed that the revenue authority might take appropriate action according to law in the light of the observations contained in his judgment. The learned Special Judge regretted that in this ex-parte case, he had to make observation detrimental to the appellant Lamio Matbar. 16. The Special...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ..Category: Property Law | Date: | Hits: 67
.... inquiry report was submitted before the learned Magistrate, First Class, Cognizance Court No.4, Chittagong on 1-1-2005 with the finding that the case was a false and fabricated one. Thereafter, the next date was fixed on 10-5-2005. But on that date the complainant was not found present and therefor...... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44.......e Station for inquiry and the police submitted a report and that subsequently the learned Magistrate dismissed the petition of complaint on 18-1-2005 and that without taking any step against the said dismissal order, the informant has filed the present case and that the High Court Division without t..
Category: Criminal Law | Date: | Hits: 85
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
....ernment Primary School in the year 1983 and he joined at Andiura Government Primary School, Thana-Madhabpur, District-Hobigonj in 1985 and since then he had been serving there. In recognition of his excellent service in the school he earned official appreciation as "an ideal" teacher and the said f......dgment of the Administrative Appellate Tribunal. In the result, the Civil Petition for Leave to Appeal No.2356 of 2009 is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 64. ......entered into a conspiracy to remove him from service arid staged the entire drama in violation of the Government Servants (Discipline and Appeal) Rules, 1985 and as such the impugned order of removal/dismissal of the respondent from the service is illegal, void and is of no legal consequence. 8. ..Category: Administrative Law | Date: | Hits: 240
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
....reon. On the said application for temporary injunction, the trial Court issued notice upon the defendants. As they failed to appear, the learned Judge by order dated 24.7.2008 allowed the application ex parte and thereby restrained the defendants from dispossessing the plaintiff from the suit land. ......n. On the said application for temporary injunction, the trial Court issued notice upon the defendants. As they failed to appear, the learned Judge by order dated 24.7.2008 allowed the application ex parte and thereby restrained the defendants from dispossessing the plaintiff from the suit land. Aft......nected Civil Rule is accordingly disposed of. The trial Court is directed to dispose of the suit as expeditious as possible. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 67
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....he defendant opposite party had sufficient cause for non-appearance when the suit was called on for hearing and whether the impugned judgment and order of restoration of the suit on setting aside the ex parte decree was well-founded on law within the meaning of Order 9 rule 13 of the Code of Civil P......defendant opposite party had sufficient cause for non-appearance when the suit was called on for hearing and whether the impugned judgment and order of restoration of the suit on setting aside the ex parte decree was well-founded on law within the meaning of Order 9 rule 13 of the Code of Civil Proc......t of Subordinate Judge, Barisal is set aside and the ex parte decree dated 30-7-1983 is maintained. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 174. ..Category: Procedural Law | Date: | Hits: 80
Bainchitala Islamia Junior Madrasha Vs. Md. Abdur Rashid & others, 1997, 26 CLC (HCD)
.... renumbered as Title Suit No.16 of 1981. In that suit one Badaruddin was made defendant No.7 and the summons of the suit was served on the defendants in due course and thereafter the suit was decreed ex parte by the Judgment and decree dated 20-11-82. After passing of the aforesaid ex parte decree t......numbered as Title Suit No.16 of 1981. In that suit one Badaruddin was made defendant No.7 and the summons of the suit was served on the defendants in due course and thereafter the suit was decreed ex parte by the Judgment and decree dated 20-11-82. After passing of the aforesaid ex parte decree the ......henidah in Miscellaneous Appeal No.54 of 1995 is set aside and the application dated 22-2-95 filed by the opposite parties is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 153...Category: Property Law | Date: | Hits: 55
....on on merit in the absence of both the parties or either party.
9. The learned Advocate appearing for the petitioner has taken me through the impugned Judgment, Judgment of the trial Court and the exhibited documents and submitted that the learned Joint District Judge committed an error of law in...... the plaintiff's dismissal shall be treated to be special leave without pay and other benefits.
Send down the LC records accordingly.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 41.......f 2000 decreeing the suit should not be set aside and/or any other order passed this Court may seem fit and proper.
2. The petitioner as plaintiff tiled the aforesaid suit for declaration that her dismissal order dated 19-6-1997 from service was illegal, collusive and without jurisdiction, with a..
Category: Employment/Service Law | Date: | Hits: 118
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....al Bank Ltd; 2002 BLD 320, Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation, 53 DLR (AD) 112; Government of Bangladesh Vs. Member, Administrative Tribunal, 8 MLR (AD) 148, Hasina Textile and Printing Mills Vs. Court of Additional District Judge and Bankruptcy Court, (unreported d......by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......ade therein. It was submitted on behalf of the petitioner that on the date of hearing of the Rule, the petitioner had no scope to present an appeal. It was submitted that after rejection and/or dismissal of the plaint, there was no scope for the petitioner to take any steps under Rule 26(3) of..Category: Others | Date: | Hits: 185
....nts do not have intention to show any disregard to the order of the Court and that in fact, the respondents did not violate the order of the Court.
7. We have perused the Contempt Petition, its Annexures, affidavit-in-opposition, its annexures and other connected papers.
8. It is true that the......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
...... termination. Accordingly, the petitioners requested the BJMC to pay them the arrear salary for the period they were kept out of service illegally. But BJMC did not pay their arrear salary. After the dismissal of the Review Petition on 30-11-2006 the petitioners again requested BJMC to pay their out..
Category: Criminal Law | Date: | Hits: 83
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
.... waqf of 35 decimals of land and on 4‑6‑88 and 27Â-8‑89 made applications for supplementary list with the Engineer Obaidul Islam Waqf Estate being EC No. 16392. While Obaidul Islam was thus in exclusive possession of the suit land, on 9‑1‑92 defendant Nos. 1 to 8 dispossessed him therefro......nts and decrees were adduced and marked Exhibit 15 series. 18. He stated that said defendants instituted Title Suit No. 296 of 1989, which was renumbered as Title Suit No. 47 of 1990 and got an ex parte decree. Against the ex parte decree, miscellaneous case being No. 12 of 1994, No. 13 of 1994 a......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....defendant Bank and others for recovÂery of an amount of Tk. 97,750/-. The suit was deÂcreed in the following terms: "That the suit be decreed on contest against the defendants 1-3 with costs and ex parte against the rest without costs. The plaintiff do get Tk. 97,750/- with interest @15% per an......endant Bank and others for recovÂery of an amount of Tk. 97,750/-. The suit was deÂcreed in the following terms: "That the suit be decreed on contest against the defendants 1-3 with costs and ex parte against the rest without costs. The plaintiff do get Tk. 97,750/- with interest @15% per annum......Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....ef MetropolÂitan Magistrate, Dhaka by opposite party No.1 alÂleging that the accused petitioners created a registered deed of agreement for sale dated 24.7.70 with oppoÂsite party No.1 in order to execute and register a deed of purchase at Tk. 20.000/- and out of which Tk. 15,000/- only was paid ......t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ......by Mr. Raushan Ali, who originally drafted the application and prepared the application in his office, that he was misled by the judgment of the Court of appeal below because that order speaks of the dismissal of the appeal only and it was not stated therein that the bail granted by the learned Sess..Category: Criminal Law | Date: | Hits: 95
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....s directed against the judgment and order dated 12.2.96 passed by the learned Assistant Judge, Laksam Thana Assistant Judge’s Court at Comilla in Miscellaneous Case No.35 of 1995, setting aside the ex parte preliminary decree dated 24-4-95 passed in Partition Suit No.12 of 1992. 2. The petition......irected against the judgment and order dated 12.2.96 passed by the learned Assistant Judge, Laksam Thana Assistant Judge’s Court at Comilla in Miscellaneous Case No.35 of 1995, setting aside the ex parte preliminary decree dated 24-4-95 passed in Partition Suit No.12 of 1992. 2. The petitioner ......the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140...Category: Procedural Law | Date: | Hits: 67
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....ole or any part of its property nor did it make any attempt to remove the whole or any part of its property from the local limits of the jurisdiction of the Court with the intent to obstruct or delay execution of any decree and the allegations made in the applications are vague and general in nature......llant had any occasion to raise objection or to deny the allegation as was done in the reported cases in that such objection or denial can only be put forward when the defendant is served with the ex parte order of the Court to show cause or to deposit the amount. On perusal of the orders we are una...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....3rd officer in the vessel MV Banga Biraj under the ownership of HRC Shipping limited; that he was working in the vessel on the basis of contract of 6 months and the terms of contract was scheduled to expire on 12.02.2004 but the complainant came to know on 08.02.2004 from Danik Ajker Kagoj, a daily ......desired by the Hon'ble Court but the accused opposite party of that case managed to have heard the matter before that vacation on 15.08.2006 beyond the knowledge of the opposite party No.2 and got ex parte order of discharge of the rule with vacating order of stay without any finding as to merit of ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ate Judge, Mymensingh for declaration that enlistment of a portion of his properties as enemy/vested specified in the schedule to the plaint was illegal and without jurisdiction. The suit was decreed ex parte on 18‑3Â1982. The Government filed Miscellaneous Case No. 32 of 1983 under Order IX, rul...... Judge, Mymensingh for declaration that enlistment of a portion of his properties as enemy/vested specified in the schedule to the plaint was illegal and without jurisdiction. The suit was decreed ex parte on 18‑3Â1982. The Government filed Miscellaneous Case No. 32 of 1983 under Order IX, rule 1......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ..Category: Property Law | Date: | Hits: 67
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