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Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....er Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The Rule is discharged. Restoration to section 19 for setting-aside the ex-parte decree After passing of the impugned order, the petitioner for the first time rushed b...... Vs. Bangladesh and others... .............Respondents Judgment November 20, 2012. Result: The Rule is discharged. Restoration to section 19 for setting-aside the ex-parte decree After passing of the impugned order, the petitioner for the first time rushed befo......order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....fice of the Deputy Commissioner, Dhaka asking the petitioner and two others to handover a piece of land after removing the structures standing thereon within seven days from receipt of the notice (Annex-F). 2. It is contended in the writ petition that the land as described in the schedule of th......eikh Ali Ahmed instituted Title Suit No.63 of 1990 for specific performance of contract against them. The Government of Bangladesh was also made a defendant therein. Ultimately the suit was decreed exparte on 29.10.1991. In an execution case, the executing Court refused to execute the sale deed on s......e parties dismissed the appeal by judgment and order dated 23.5.2002 and thereby affirmed the order of injunction passed by the Assistant Judge (Annex-E). 7. Because of the injunction order and dismissal of the miscellaneous appeal, the respondents did not disturb the peaceful possession of th..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Nahida Sultana Vs. Bazlur Rahman Khan and others, 2012, 41 CLC (HCD)
....ion and Tenancy Act on the allegation that the opposite-party No. 3 is a co-sharer by inheritance in the case jote, who transferred the case land to opposite-party Nos. 1 and 2 by a so-called deed of exchange in order to defeat the right of pre-emption of the petitioner. The pre-emptor is a co-share......ciding an application under Order XLI, rule 19 of the Code of Civil Procedure, is whether the applicant was prevented by any sufficient cause from appearing when the impugned order was passed ex-parte. I, therefore, find there is a good deal of substance in the contentions raised by Mr. Go...... Let a copy of the Judgment along with reconstructed case record by sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 134 ..Category: Civil Law, Procedural Law | Date: 14 Nov, 2012 | Hits: 2
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....n of Mirpur was the actual Shamsul Kabir Humayun Reza and he entered into an agreement with him on 29-12-2002 to sell the suit plot to him and handed over the original documents to him at the time of execution of the agreement. On seeing the said protest notice, the plaintiff’s father bec......Court on 31-5-2004. On receipt of the summons of the said suit, the defendants appeared therein on 28-8-2004, but did not file any written statement for a long time and when the suit was fixed for ex-parte hearing suddenly on 8-3-2006, the defendants have filed written statement and are contesting t......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
....ss or retire from service any of its employees as a disciplinary measure or on medical ground and in such case the provision of sub-regulations (1) and (2) shall not apply."
14. In this context it is noticed that under the provisions laid down in Regulation 13(2) of the aforesaid Regulatio......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......earned Judge (District Judge), Janonirapatta Bighnokari Aparadh Daman Tribunal. The learned appellate Court vides judgment and decree dated 07.07.2010 disallowed the appeal affirming the judgment and dismissal decree passed by the learned trial Court.
6. Being aggrieved by and dissatisfied with..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....1. Md. Ashfaqul Islam J. - At the instance of the petitioner, Md. Mosharef Hossain, this Rule Nisi was issued calling upon the respondents to show cause as to why order No. 14 dated 8-5-2011 (Annexure-D-1) passed by the learned Judge, Artha Rin Adalat and Joint District Judge, 1st Court, Bhola ......efendant Nos. 1-5/7-12 by filing joint written statement denying all the material averments of the plaint. Subsequently, the suit was decreed on contest against the defendant Nos.1-5/7-12 and ex-parte against the rest. The respondent-bank then put the decree into execution in execution Case No.......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....and and thus the plaintiffs were compelled to file this suit. 4. None of the defendants filed any written statement denying the claim of the plaintiffs and consequently the suit was fixed for ex-parte hearing. On the date of ex-parte hearing the plaintiffs examined one witness and also pro...... and thus the plaintiffs were compelled to file this suit. 4. None of the defendants filed any written statement denying the claim of the plaintiffs and consequently the suit was fixed for ex-parte hearing. On the date of ex-parte hearing the plaintiffs examined one witness and also produc......before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....o the tune of taka 2, 06, 27,235·00 from the petitioners. Eventually, the said miscellaneous case was converted into Artha Rin Suit No.43 of 2003 on payment of court fees. The suit was decreed ex-parte on 10.11.2003. Execution Case No.190 of 2004 was levied by the decree-holder-Bank for reali......he tune of taka 2, 06, 27,235·00 from the petitioners. Eventually, the said miscellaneous case was converted into Artha Rin Suit No.43 of 2003 on payment of court fees. The suit was decreed ex-parte on 10.11.2003. Execution Case No.190 of 2004 was levied by the decree-holder-Bank for realizat......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....s........Opposite-Parties Judgment October 11, 2012. Result: The Rule is discharged. The revisional power of the High Court Division is a supervisory power which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then ......to such wrong entry in records of rights the Title of the plaintiff might be clouded. Hence he filed the suit. 4. After serving of summons to the defendants and then the suit was decreed ex-parte on 21-12-1985. opposite-parties Nos.1 to 6 were not the parties in the original suit yet they ......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Lal Mia and another Vs. Secretary, Ministry of Land and others, 2012, 41 CLC (HCD)
.... Judgment Md. Khurshid Alam Sarkar J.- The Rule was issued calling upon the respondents to show cause as to why a direction should not be issued to dispose of the application dated 8-2-2011 (Annexure-J) to mutate the names of the petitioners by opening a separate Khatian and also to rece......anj for specific performance of contract. It appears that though it has been contended that the said suit was decreed on contest but, from Annexure-A to the writ petition it appears that it was an ex parte decree. It further appears that Annexure-A to the writ petition is a judgment and order, being......udge, Narayanganj. Accordingly, the Rule is disposed of with the above observations and directions. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 68. ..Category: Property Law | Date: 8 Oct, 2012 | Hits: 8
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....tion 26(1) of the Anti-Corruption Commission Act was void and no notice in the eye of law as the accused was detained in jail custody at that time having no scope to check-up details of his assets on examination of records and consult with his legal counsel. In consequence of detention order dated 5......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......unfair treatment of the authority in giving direction to submit wealth statement in response to the notice in question during trial of the case. 20. We have also noticed that the main ground for dismissal of the petition for leave to Appeal in Dr. Mohiuddin Khan Alamgir Case was that the notice..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
....hat the domicile of origin is not a matter of choice or free will which is received or communicated to him by birth and the domicile in origin is not lost by mere Absence for the time being nor it is extinguished for temporary absence of anybody. It is a fact that the plaintiff-petitioner was not pr...... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
...... decree of the trial court illegally in violation of the provisions of Order 41 Rule 31 of the Code of Civil Procedure and in view of the facts and circumstances of the case the impugned judgment and dismissal decree of the learned lower appellate court is not a proper judgment of reversal which des..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
.... leave is directed against the judgment and order dated 23-8-2006 passed by a Division Bench of the High Court Division in Writ Petition No.5426 of 2004 making the Rule absolute with a direction to exclude the property from the 'Kha' list of abandoned buildings. 2. The facts leading to this a...... and 3 respectively. The suit was subsequently transferred to the Third Court of Sub-ordinate Judge (Arbitration), Dhaka and renumbered as Other Class Suit No.01 of 2000. The said suit was decreed ex parte by the judgment and order dated 24-7-2000 and Mrs. Farhat Hasan was directed to execute and re......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
.... 4. Mr. Akhtar Imam Senior Counsel, appeared for the petitioner along with the learned Advocate Ms. Rashna Imam. The learned counsel, having placed the application under section 43 along with the annexures, submits that the MoU read with the money receipt dated 4-3-2012 clearly shows that the entir...... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ......gh the aforesaid shares are kept in suspense because of dispute regarding the title of those shares. 3. Respondent No.3 has appeared in this case and has filed an application praying for summary dismissal of the application on the ground of non-maintainablity of the same. The main contention of..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
.... in the interest of justice so as to seek redress of grievances for which no other procedure is available. This section confers no new powers on the High Court Division. It merely safeguards all existing inherent powers possessed by the High Court Division to secure the ends of justice. The sec......9. (From the judgment and order dated 10-11-2009 passed by the High Court Division in Criminal Miscellaneous Case No.24129 of 2009). Judgment SK Sinha J. - State seeks leave from an ex-parte order of the High Court Division made in exercise of its inherent power pursuant to a petition......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
....the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other relief which is always be given as the Court may think just to the same extent as if it had been asked for........ (23) Filing of additional written statement The......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ......d used to keep custody of the rent-receipts with Hori Krishna Mondal. The plaintiff did never purchase the suit land by his own fund and did never possess the same. With these averments he prayed for dismissal of the suit. 5. The trial was taken up by the learned Assistant Judge, Additional Cou..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
MA Gafur Vs. Registrar of Joint Stock Companies and Firms & ors, 2012, 41 CLC (HCD)
.... disposed of. Companies Act, 1994; section 233, Sub Section(3)(a)(b)(c), Article 14, 16 The jurisdiction being regulatory and preventive in nature under section 233 of the Act is to be exercised to protect interest of the minority shareholders from being prejudiced by the majority sha......oth sides. This matter shall stand disposed of upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 72. ......was called in the interest of the company and if the meeting decides to alter Article 14 and 26, as proposed, it will in no way prejudice the interest of the petitioner. He has accordingly prayed for dismissal of this matter. 5. Heard the learned Advocates and perused the application, the ..Category: Company Law | Date: 31 Jul, 2012 | Hits: 16
Aysha Siddiqua Vs. Fazilatunnesa and other, 2012, 41 CLC (AD)
....es of that illegal Executive Committee and as a result, at the initiative of the donors association an enquiry was held and the plaintiff was recommended to be kept as a non-voting member of the executive committee. That the defendant No.3 treating herself as General Secretary took steps for sh......e concurrent findings of all the three courts below. So, we find no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 117. ......was also illegal. That the defendant No.1 as the president of that illegal committee issued a letter on 3-3-1992 suspending the plaintiff and thereafter issued a show cause notice on 7-3-1993 for her dismissal on some false allegations. That the said notice was illegal as the defendant No.1had no au..Category: Others | Date: 15 Jul, 2012 | Hits: 6
Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)
.... Civil Revision No.2359 of 2007.) Order Surendra Kumar Sinha J. - Plaintiffs in a suit for realization of Tk.8, 46,795/- seek leave from a judgment and order of the High Court Division exercising its revisional jurisdiction. 2. The suit in question was decreed ex-parte and pur......fs in a suit for realization of Tk.8, 46,795/- seek leave from a judgment and order of the High Court Division exercising its revisional jurisdiction. 2. The suit in question was decreed ex-parte and pursuant to the decree, the decree-holder-Rupali Bank, Uttara Model Town Branch put the ......ion of paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 842. ..Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....rit petitioner was dismissed from the service without affording any opportunity of being heard. 3. Mr. Rajik-al-Jalil, learned Deputy Attorney General has taken us to the relevant papers annexed with the writ petition and the impugned judgment and submits that the review petition filed by......ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......vision erred in law in entertaining the writ petition and making the rule absolute although the same is barred under Article 117 of the Constitution of the People's Republic of Bangladesh since the dismissal of the respondent being terms and conditions of his service, II. Because the High C..Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
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