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Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....man calling upon the respondent, Bangladesh Forest Industries Development Corporation 73, Motijheel Commercial Area, Dhaka to show cause why the order under Memo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not b......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598....... of increment; (b) recovery from the pay and security deposits the whole or part of any pecuniary loss caused to the Corporation by his negligence; (c) suspension; (d) discharge; and (e) dismissal from the service. The Rules provide that the employees in matters not covered by the Co..Category: Employment/Service Law | Date: | Hits: 177
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....ourt fixed 19.12.87 for taking it up without specifying what steps should be taken on 17.8.88. The learned lower appellate Court dismissed the appeal as no step was taken. The order sheet has been annexed as Annexure W. 4. An application for restoration of the appeal to its file and number was ma......tated. That application was registered as Misc. Case No.96 of 1988. On 29.4.89 Misc Case No.26 of 1989 was taken up for hearing by the learned District Judge who dismissed the aforesaid Misc. Case ex parte on the ground that the petition for restoration was barred by time. 5. Being aggrieved and ...... order plaintiff petitioner moved the revisional jurisdiction of this Court and obtained the present Rule. 6. This learned Advocate appearing for the plaintiff petitioner submits that the order of dismissal of title appeal was illegal and without jurisdiction inasmuch as 17.8.88 was fixed for tak..Category: Procedural Law | Date: | Hits: 74
Nurul Islam Palan & and Others Vs. Harez Ali Palan & others, 1993, 22 CLC (HCD)
....and plaintiff Nos. 1 and 2 and delivered possession thereof to them and they got possession of the same. On the basis of inheritance as well as the aforesaid gifts the plaintiffs became owners to the extent of 10 annas 7 337/720 gandas share in the suit properties. 5. Defendant Nos. 14(Ka) and 14...... the date of final hearing of the suit after remand they did not appear to contest tile suit. Court below by the impugned judgment decreed the suit on contest against the contesting defendants and ex parte against the rest in preliminary form allowing plaintiff's prayer for partition in respect of t......em 7 annas 12 gandas share of the suit properties measuring 20.07 acres and the impugned judgment and decree is modified accordingly. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 558. ..Category: Property Law | Date: | Hits: 57
Sreemoti Shipra Shaha Vs. Judge, Artha Rin Adalat No.3, Dhaka and others, 2009, 38 CLC (AD)
....of the petitioner and she also never stood guarantor against any loan transaction. That Title Suit No.244 of 1991 was filed against her by the respondent bank on false claim and that suit was decreed ex-parte beyond her knowledge. Subsequently, that decree was put into execution in Title Execution C......the petitioner and she also never stood guarantor against any loan transaction. That Title Suit No.244 of 1991 was filed against her by the respondent bank on false claim and that suit was decreed ex-parte beyond her knowledge. Subsequently, that decree was put into execution in Title Execution Case......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)149...Category: Civil Law | Date: | Hits: 94
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....o try it." Sections 18 and 19 of the Act read as under‑ "18. Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or Subordinate Judge extends, subject to the provisions of section 15 of the Code of Civil Procedure to all original suit......er passed by the Artha Rin Adalat. 14. The Adalat Act as amended upto date provides for filing an application under Order 9 rule 13 of the Code at the instance of the defendant in respect of an ex parte decree on condition of the defendant depositing 50% of the decretal amount (or like amount by ......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ..Category: Civil Law | Date: | Hits: 96
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
....al Development and Co-operative Department under Memo No.11/1a-1/73/224 dated 19-6-1973. Subsequently in the year 1987 the Board of Director of the Academy, in its 15th meeting held on 19-12-1987 (Annexure-K), formulated the regulations regarding the service of the employees of the Academy, wherein ...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ......5-2006 after delay of about two years and as such this rule is hit by the principle of inordinate delay. But it appears that the petitioner went to the Administrative Tribunal for redress against his dismissal and although the said fact has not been stated in the writ petition, but as the Respondent..Category: Employment/Service Law | Date: | Hits: 64
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....anent injunction. Although aforesaid three suits are for three different distinct reliefs but the parties allowed disposing of the suits on the basis of oral evidence on adaptation but on different exhibits. 2. On a reading of the judgment of these three suits passed separately I am of the view......give any reply, as such, he filed Title Suit No.176 of 2004 on 31-5-2004 for sale permission and on 28-8-2004 although RAJUK appeared but having not taken step in the suit, the suit was posted for ex parte hearing on 8-3-2006. RAJUK filed written statement and the suit is pending. This defendant wen......ul Hossain. It has further been stated that the suit property is valued more that Taka 20 crores but in the bainanama it is shown at 1(one) crore 65 (sixty five) lacs. Principal-defendants prayed for dismissal of the suit. 15. In this suit defendant Nos.1 (a) to 1(e) filed application for adoptin..Category: Property Law | Date: | Hits: 100
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....hich is adjacent to the new D.C and Court Bhaban. In view of such information he rushed there accompanied by S.I. Md. Rabiul Islam and Havilder Abul Hasem and cithers and entered inside the BRTA complex office and challenged the said person. The informant along with his party men searched the body i......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......gned judgment and order of conviction and sentence. He prays for affirming the impugned judgment and submits that there is no reason or ground that may call for its interference and further prays for dismissal of appeal. 12. We have perused the memo of appeal, evidence on record and other ma..Category: Criminal Law | Date: | Hits: 56
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....ation caused financial loss in purchasing raw jute to the plaintiff and any suit, if at all, which could have been instituted against the defendant was a suit in tort for the recovery of damages. He next submits that both the Courts below misdirected themselves in failing to appreciate that there is......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ...... found the defendant-petitioner guilty of misconduct and for causing loss to the plaintiff amounting to Tk. 1,56,569.38; that the defendant-petitioner filed Title Suit No. 147 of 1983 challenging the dismissal order dated 19.7.83 before the Court of Subordinate Judge, Narayangonj and the said suit w..Category: Civil Law | Date: | Hits: 97
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....s khas khatian No.1. The defendants as such have prayed for dismissal of the suit. 5. The plaintiff and defendants adduced witnesses before the learned trial Court and all the witnesses were cross-examined by the parties. 6. The trial Court on considering the facts and circumstances of the cas......t is consistent view of our apex Court that plaintiff is to prove his case and he cannot get a decree on the weakness or failure of the defendant. The plaintiff is to prove his own case even in an ex parte proceeding. Disbelieve of the defence case 'ipso facto' does not make the plaintiff's case bel......he concerned surveyor. As per law there was no claim against the suit plot. The suit plot has been duly recorded in the name of government as khas khatian No.1. The defendants as such have prayed for dismissal of the suit. 5. The plaintiff and defendants adduced witnesses before the learned trial..Category: Procedural Law | Date: | Hits: 72
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....ion. On 29-3-2001 a rule was issued on that application calling upon the Registrar of Trade Marks, Dhaka and "the company" to show cause as to why the Trade Mark No.C-5707 in Class-29 should not be expunged from the register of Trade Marks. At the time of issuance of that rule a stay order also wa.............................Respondents Judgment July 20, 2011. Lawyers Involved: Abdul Basel Majumder, Senior Advocate Instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Ex-parte— the Respondents. Criminal Appeal No.41 of 2003. (From the judgment and order dated 5-......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..Category: Intellectual Property Law | Date: | Hits: 270
....er.”
2. By the Rule issuing order the proceeding of the Artha Execution Case No.153 of 2010 arising out of Artha Rin Case No.153 of 2009 was stayed initially for 3(three) months and subsequently extended for further period of 3(three) months by order dated 06.04.2011.
3. Material facts neces......0/- with interest. Subsequently, the suit was transferred to the 4th Artha Rin Adalat, (shortly, the Adalat) Dhaka and renumbered as Artha Rin Case No.153 of 2009. Eventually, the suit was decreed ex-parte for an amount of Tk.5, 90, 40,000/- (five crore ninety lac forty thousand).
6. Pending hear......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
..
Category: Civil Law | Date: | Hits: 147
....ement of Sarai Beel Fishery for 1397 BS to 1399 BS at the rent of Tk. 4,200.00 per year by an order dated 19.6.90 passed by the Upazila Nirbahi Officer, Balaganj Upazila, Sylhet, and a lease deed was executed in its favour on 25.6.90 (Annexure‑A to the petition). It was given delivery of the fishe......uld prejudice the petitioner and as such in good faith took no steps in the said writ petition. But the Government as pro forma respondent took no step in the matter and the Rule was made absolute ex parte. The petitioner came to learn from Respondent No.1 on 5.6.91 that the Rule was made absolute a......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502...
Category: Civil Law | Date: | Hits: 87
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....t in the 14 drones of lands and khas interest in 3 drones, 5 kanis, 1 gondas and 1 kara of land out of the suit land to Md. Putan by a registered kabala dated 10.06.1912. In course of time, Md. Putan executed a power of attorney in favour of his eldest son Ali Hossain for proper management and admin......or denied which is consistent with its existence or to show particular instance in which the right or custom was claimed recognized or exercised, or in which its exercise was disputed, asserted, or departed from; but the findings and the reasonings contained in that judgment are not relevant and can......led in Other Suit No.13 of 1951. The heirs of Ali Hossain filed Other Suit No.35 of 1954 for cancellation of the solenama filed in Other Suit No.13 of 1951 but the suit was dismissed and the order of dismissal was upheld by the appellate Court. It was also contended that the plaintiffs have no right..Category: Property Law | Date: | Hits: 116
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....upon an application under Article 102(2)(a) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause why the Notification No.403/Imn/III dated 18.4.73, Annexure‑B, to the petition issued by the Respondent No.1 in so far as it relates to the petitioner, ...... Mirza Shahab Ispahani Vs. Government of Bangladesh, 40 DLR 87; 40 DLR (AD) 116; Coopers' case, (1863) 14 CBNS 180; Abal Ala Maudoodi's case, PLD 1964 (SC) 673; Regina Vs. Medical Appeal Tribunal, Ex parte Gilmore, 1957 1 QB 574; Ram Chandra Sankar Deodhar Vs. The State of Maharashtra, 1974 SCC at p......gland Reports 66. In this case the Chief Constable Ridge was dismissed from service without serving any prior notice to show cause and the House of Lords by a majority judgment held that the order of dismissal was bad for non‑compliance of the principle of natural justice. 39. The learned Attor..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....n Sarker J.- This revision case has come to this Bench upon a reference by a learned Single Judge to decide whether, in the event of violation, a decree of prohibitory injunction is enforceable in an execution case for reliefs provided in Order XXI rule 32(1) of the Code of Civil Procedure, and if n......art from any other remedy that he may have had. 13. In the case reported in 1992 BLD 323 the decree‑holder filed a suit for permanent injunction against the judgment‑debtors and obtained an ex parte decree restraining the judgment‑debtors from permanently entering into the suit land. The de......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..Category: Civil Law | Date: | Hits: 100
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....he Artha Rin Adalat No.2, Dhaka (the Adalat, in short) and renumbered as Money Suit No. 27 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by judgment and decree dated 1-8-1991 (decree signed on 10-8-1991). The judgment-debtors ......Artha Rin Adalat No.2, Dhaka (the Adalat, in short) and renumbered as Money Suit No. 27 of 1990. The defendant-petitioner did not receive any summon of the suit. Eventually, the suit was decreed ex parte by judgment and decree dated 1-8-1991 (decree signed on 10-8-1991). The judgment-debtors hav...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ..Category: Civil Law | Date: | Hits: 83
....ication for settlement. The learned Counsel further submitted that the meaning of Section 152D(2)(a) of the Income Tax Ordinance, 1984 was wrongly interpreted and laid unnecessary emphasis on the expression 'has been paid' as used in sub-section 2(a) of Section 152D."
4. Mr. Habibul Islam Bhu......………......Respondents
Judgment
November 11, 2009.
Lawyers Involved:
Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant.
Ex-parte-the Respondents.
Civil Appeal No. 46 of 2002.
(From the judgment and order dated the 2nd......, we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....ssed by the High Court Division in First Appeal No.507 of 1999.) Judgment Surendra Kumar Sinha J. - In this appeal leave was granted on two points. The first point is that if two sale deeds are executed by the same vendor in respect of the same lands in favour of two different persons on two d......e by the party himself or by his recognised agent or by his lawyer, but the Court has jurisdiction to direct a party to appear in person and on his failure to do so, to dismiss the suit or proceed ex-parte. As the defendant, according to him, did not pray for appearance of the plaintiff for cross-......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..Category: Procedural Law | Date: | Hits: 76
....er petition dated 21.7.92 is for drawing the order of its abatement.
2. Briefly, the facts are, that the Writ Petition No.1521 of 1991 was directed against the judgment and award dated 27.5.85, Annexure‑B, to the writ application, passed by the Subordinate Judge (Arbitrator) 4th Court, Dhaka in......respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 391....... Petition No.1521 of 1991.
Judgment
AKM Sadeque J.- There are two applications one dated 4.7.92 and the other dated 21.7.92 for disposal. The application dated 4.7.92 is for passing an order of dismissal in respect of Writ Petition No.1521 of 1991 and the other petition dated 21.7.92 is for dr..
Category: Alternative Dispute Resolution | Date: | Hits: 213
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