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Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)

....e: Opposite party Abdus Sattar as plaintiff instituted a suit in the Court of the Senior Assistant Judge, Sadar Dinajpur, being Other Class Suit No.325 of 1986, praying for a declaration that the ex parte decree dated 7-6-83 obtained by the defendant in Other Class Suit No.61 of 1983 of the 1st ...... Opposite party Abdus Sattar as plaintiff instituted a suit in the Court of the Senior Assistant Judge, Sadar Dinajpur, being Other Class Suit No.325 of 1986, praying for a declaration that the ex parte decree dated 7-6-83 obtained by the defendant in Other Class Suit No.61 of 1983 of the 1st Cou......Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ..

Category: Property Law | Date: | Hits: 62

Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)

....hajahan Vs. Md. Sadeq & another, 38 DLR (AD) 275; PLD 1963 (SC) 704; R. Vs. Nat Bell Liquors Ltd, (1922) 2AC 128; Md. Hossain Munir Vs. Sekandar, PLD 1974 (SC) 139; R. Vs. Medical Appeal Tribunal ex parte Gilmore, 1957 1, QB. 574. Lawyers Involved: Khandker Mahbubuddin Ahmed, with Mirza Ho......ahan Vs. Md. Sadeq & another, 38 DLR (AD) 275; PLD 1963 (SC) 704; R. Vs. Nat Bell Liquors Ltd, (1922) 2AC 128; Md. Hossain Munir Vs. Sekandar, PLD 1974 (SC) 139; R. Vs. Medical Appeal Tribunal ex parte Gilmore, 1957 1, QB. 574. Lawyers Involved: Khandker Mahbubuddin Ahmed, with Mirza Hossa......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..

Category: Election Law | Date: | Hits: 188

Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)

.... High Court Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Soleman Bibi and another……………………Petitioners Vs. Administrator, Farajikandi Complex and ors...................Opposite Parties Judgment May 27, 1992. Result: The Rule i......ly in respect of plot No.2126 measuring .25 acre of the suit land and accordingly granted temporary injunc­tion in‑part in a modified form against the contes­ting defendant No.2 on contest and ex parte against others by his judgment and order dated 31.12.88. Being aggrieved by the same, the cont......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..

Category: Property Law | Date: | Hits: 47

Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)

....Reza Chowdhury J.- At the instance of the petitioner Md. Wahiduzzaman a Rule Nisi was issued in Writ Petition No.54 of 1988 calling upon the respondents to show cause, why the order dated 7.12.86 (Annexure D) and the subsequent order dated 10.1.88 (Annexure H) issued by Secretary, Bangladesh Inland ......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......ass. In the year 1972, the petitioner was appointed as Deputy Director, Ports and Traffic by the Authority on 4.4.72. The petitioner was dismissed by order dated 18.9.76 and against the said order of dismissal he filed Writ Petition No.378 of 1980 and by order of this Court he was reinstated with fu..

Category: Employment/Service Law | Date: | Hits: 116

Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)

....941 and auction purchased by their predecessors and thereafter one of the tenants Chandra Kanta Mondal filed Miscellaneous Case No.275 of 1941 in the 1st Court of Munsif, Khulna for setting aside the ex parte decree passed in the rent suit and that case was dismissed on 7-3-42 and thereafter he file...... and auction purchased by their predecessors and thereafter one of the tenants Chandra Kanta Mondal filed Miscellaneous Case No.275 of 1941 in the 1st Court of Munsif, Khulna for setting aside the ex parte decree passed in the rent suit and that case was dismissed on 7-3-42 and thereafter he filed M......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ..

Category: Property Law | Date: | Hits: 51

Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)

....iff‑opposite party No.1 filed a Title Suit No.303 of 1982 and the same was subsequently numbered as Title Suit No.6 of 1985 against the proforma opposite parties for partition. The suit was decreed ex‑parte in preliminary form on 14‑1‑87 and notice of final decree was issued upon them and th......‘opposite party No.1 filed a Title Suit No.303 of 1982 and the same was subsequently numbered as Title Suit No.6 of 1985 against the proforma opposite parties for partition. The suit was decreed ex‑parte in preliminary form on 14‑1‑87 and notice of final decree was issued upon them and the sam....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ..

Category: Property Law | Date: | Hits: 47

Professor Dr. Md. Yusuf Ali Vs. Chancellor of Rajshahi University, Rajshahi & others, 1997, 26 CLC (HCD)

....ree nominated persons the petitioner got the highest number of votes, namely, 52 and he was appointed as Vice-Chancellor of the Rajshahi University by the Chancellor by an order dated 22-8-94 vide Annexure-B to the writ petition. This order was communicated to the present petitioner by the Registrar......ence by this Court. In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 1....... years from the date of appointment, the petitioner cannot be removed from the post of Vice-Chancellor by the Chancellor in view of the fact that there is no such provision of removal or discharge or dismissal from service in the University Act or Statute itself. He further submits that if the Chanc..

Category: Employment/Service Law | Date: | Hits: 158

Government of Bangladesh Vs. Md. Golam Nabi, 2010, 39 CLC (AD)

....ners are permitted to add the additional grounds. Petitioners are directed to make the appeal ready within 12(twelve) weeks and the respondent is at liberty to mention the appeal for hearing after expiry of the said 12 (twelve) weeks. Ed. This Case is also Reported in: VIII ADC (2011) 757. ......dy within 12(twelve) weeks and the respondent is at liberty to mention the appeal for hearing after expiry of the said 12 (twelve) weeks. Ed. This Case is also Reported in: VIII ADC (2011) 757. ......tions under the Police Officers (Special Provision) Ordinance, 1976. In the departmental proceedings a charge under section 4 of the said Ordinance was framed proposing to impose him major penalty of dismissal from the service or removal from the serv­ice. He contested the proceedings refuting the ..

Category: Administrative Law | Date: | Hits: 163

Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)

....95,690.25 as on 31.12.1998 along with interest by selling the land along with the building standing thereon as fully described in the schedule to the applica­tion. The miscellaneous case was allowed ex-parte on 06.06.1992 in preliminary form directing the judgment-debtor-peti­tioner to pay the dec......690.25 as on 31.12.1998 along with interest by selling the land along with the building standing thereon as fully described in the schedule to the applica­tion. The miscellaneous case was allowed ex-parte on 06.06.1992 in preliminary form directing the judgment-debtor-peti­tioner to pay the decree......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..

Category: Civil Law | Date: | Hits: 108

Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)

....addy before receiving the notice of the temporary injunction. D.W.2 Moram and D.W.3 Md. Saidur Rahman said that the petitioner did not cut any paddy on the alleged date. D.W.4 Niamat Hossain in cross examination stated that P.Ws. Haji Rajab Ali, Soleman Bhuiyan and Abdur Rahman are men of reputation......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......t may, the question which requires to be adjudicated in the application under Order 39, rule 2(3) is that whether the petitioner committed the offence of disobedience of the Court's order. In view of dismissal of the aforesaid two criminal cases, as pointed out by Mr. Haider, it cannot be assumed th..

Category: Criminal Law | Date: | Hits: 90

Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)

.... 133/1941 for cancellation and setting aside the kabala deed dated 7‑11‑1940 by which they claim title to the disputed land. They further claimed that Other Class Suit No. 133/41 had been decreed ex parte on 4‑5‑1942, Aforementioned Abdul Jalil filed an application under section 151 of the C......3/1941 for cancellation and setting aside the kabala deed dated 7‑11‑1940 by which they claim title to the disputed land. They further claimed that Other Class Suit No. 133/41 had been decreed ex parte on 4‑5‑1942, Aforementioned Abdul Jalil filed an application under section 151 of the Code......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453...

Category: Criminal Law | Date: | Hits: 62

Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)

....dgment ABM Khairul Haque J. - This Rule Nisi was issued at the instance of one Md Abdus Salam, calling upon the University of Rajshahi and others to show cause as to why the order of dismissal (Annexure N (1) to the petition) dated 7‑5‑2001 under the signature of respondent No. 4, dismissing ......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......of 2001. Judgment ABM Khairul Haque J. - This Rule Nisi was issued at the instance of one Md Abdus Salam, calling upon the University of Rajshahi and others to show cause as to why the order of dismissal (Annexure N (1) to the petition) dated 7‑5‑2001 under the signature of respondent No. ..

Category: Employment/Service Law | Date: | Hits: 60

Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)

.... to show cause as to why the order contained in the impugned letter No. RTU/CAB (539)/2001/699 dated 9‑9‑2001 issued by the Registrar of Trade Unions, Government of Bangladesh Respondent No.1 (Annexure - A to this petition) should not be declared to have been made without any lawful authority an......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......d, as such, the declaration of that Trade Union to act as a CBA was unlawful. He has also submitted that if a person is not actually employed or engaged in the establishment due to his termination or dismissal from his service he is disqualified from being a member or officer of the Trade Union. He ..

Category: Labour and Industrial Law | Date: | Hits: 158

Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....‘2001, after a long and meritorious service of 36 years. As a recognition of his brilliant performance and contribution to Bangladesh Air Force, he was promoted to the rank of Air Marshal in 2001 (Annexures A and B). It is further stated that the petitioner submitted clearance certificate from Bangl......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......cision rather, helps the petitioner to maintain his petition. 29. In the case of Lieutenant General Abu Saleh Mohammad Nasim (Retired) Vs. Bangladesh 1998 BLD (AD) 251=51 DLR (AD) 101 the order of dismissal of the petitioner and his subsequent premature (Compulsory) retirement was challenged befo..

Category: Employment/Service Law | Date: | Hits: 148

KM Fazlul Haque Vs. Chairman, Bangladesh Agricultural Development Corporation and another, 1996, 25 CLC (HCD)

....of 1991. Judgment KM Hassan J.- This Rule Nisi was issued calling upon the respondents to show cause why the order passed under Memo No. 4 Sangsthapan‑26/80‑81/49 (48), dated 2‑1‑82 (Annexure-K) the signature of the District Manager (Fertilizer) BADC, Pabna and subsequent order or orde......tainable, we do not think it is necessary to consider other grounds. In the result, the Rule is discharged with no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 27. ......) of the Bangladesh Agricultural Development Corporation Service Rules, 1968 by order No.4‑Sangsthapan­26/80‑81/49 (48), dated 12‑1‑82 (Annexure‑K). The petitioner after receiving the said dismissal order made petition to the respondent No.5 praying for a copy of the inquiry report so tha..

Category: Criminal Law | Date: | Hits: 78

Md. Shajahan and others Vs. The Secretary, represented by the Ministry of Law, Justice and Parliamentary Affairs and others, 2011, 40 CLC (AD)

....5.00 initially against M/S. Shahjahan Store, represented by its propri­etor Md. Shahjahan and Jahangir, sons of late Jahed and Rashida Akhter, wife of Abdul Malek. On 05.08.2004 the suit was decreed ex-parte in preliminary form. As the judgment-debtors did not pay the decreetal amount to the decree......0 initially against M/S. Shahjahan Store, represented by its propri­etor Md. Shahjahan and Jahangir, sons of late Jahed and Rashida Akhter, wife of Abdul Malek. On 05.08.2004 the suit was decreed ex-parte in preliminary form. As the judgment-debtors did not pay the decreetal amount to the decree-ho......lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements. Ed. This Case is also Reported in: VIII ADC (2011) 685. ..

Category: Property Law | Date: | Hits: 48

Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)

....sonal guarantee of all the Directors namely, defendant Nos.2 to 7. The plaintiff Bank also advanced a sum of Taka 2.37 crores to defendant No.1 by way of pre-shipment credit to procure jute goods for export against foreign letter of credit but defendant No.1 failed to export the jute. As on 22.9.86 ......dgment and decree of the trial Court, having not been passed after full hearing of the suit but in the absence of the learned Advocate for the defendant it was considered to be in the nature of an ex parte judgment and decree and hence a review petition was filed under Order 47 rule 1 of the Code of......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232...

Category: Procedural Law | Date: | Hits: 111

Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)

....inoor, daughter of said late Mir Abdul Jalil; late Mir Abdul Jalil transferred the land to opposite party Nos.1 and 2 (two sons of his daughter Kohinoor) by a registered Hiba-bil-Ewaz date 13.2.81 in exchange for a prayer‑mat; no notice was, however, served on the pre‑emptors who came to learn a......ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ...... 4. The trial Court dismissed the pre‑emption case on the finding that the transfer in question was Heba-bil-ewaj and within 3 degrees of the transferor and the lower appellate Court affirmed the dismissal order of the trial Court by holding that such transfer is protected from pre‑emption as ..

Category: Property Law | Date: | Hits: 75

Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)

....za Magura to the plaintiff at a consideration of Tk. 1,00,000/- (one lac) and thereafter on taking eighty thousand taka out of the stipulated consideration money from the plaintiff Sarif Lokman Ahmed executed a bainapatra in favour of the plaintiff on 18.11.1981 and also delivered of posses­sion of......book is dispensed with as prayed for Parties arc directed to maintain sta­tus quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......ndants, the martial law authority, on taking evidence, found the plaintiff in unlawful possession of the land in question and therefore evicted him from that land. The contesting defendant prayed for dismissal of the suit with cost. 6. The Trial Court, on consideration of the evidence adduced by ..

Category: Property Law | Date: | Hits: 51

Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)

....his Case is also Reported in: 44 DLR (HCD) (1992) 213. ......d Labour Court, Dhaka in Complaint Case No.25 of 1984 to have been made without lawful authority and the same is of no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 213. ...... the requirement under law. 3. The Labour Court after examining the witnesses and on perusal of the record of the enquiry proceeding by its judgment dated 2.5.86 allowed the case and set aside the dismissal of the respondent No.2 and directed that he be re‑instated with 50% back wages and other..

Category: Labour and Industrial Law | Date: | Hits: 172