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.... Respondent No.5 the Vested Property Department, could not submit the legal points and other materials in favour of the respondent No.5 before that Bench and accordingly the rule was made absolute on ex parte hearing of the petitioner.
3. In support of his submission the learned Advocate Mr. Faz......spondent No.5 the Vested Property Department, could not submit the legal points and other materials in favour of the respondent No.5 before that Bench and accordingly the rule was made absolute on ex parte hearing of the petitioner.
3. In support of his submission the learned Advocate Mr. Fazlul...... writ petition. Therefore this application merits no consideration.
In the result, the review application is rejected.
SM Emdadul Huque J. - I agree.
Ed.
This Case is also Reported in:
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Category: Procedural Law | Date: | Hits: 62
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....res under C.S. Khatian No.160 along with two other plots being No. 759 and 788 was originally owned by Yeasin Matabbar, Yeakub Matabbar and Babar Ali in equal 1/3 portion and the said Yeakub Matabbar exclusively possessed 1.23 acres of land under C.S. Plot No.756 and other two owners possessed C.S. ...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ......entitled to retain their possession against their co-sharer till legal partition by way of permanent injunction and therefore, their lordships affirmed the judgment of the High Court Division and the dismissal of the suit. 19. In the case of Noor Mohammad Khan and others Vs. the Government of Ba..Category: Property Law | Date: | Hits: 62
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....illegality in reviving the case. 6. Mr. MA Wahab, the learned Advocate for the petitioner, submits that the learned Metropolitan Magistrate has committed an error of law in reviving the case after expiry of 6(six) months from the date of order of discharge of the petitioner. The learned Advocate ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......ir Lordships of the Appellate Division have dealt with the matter very exhaustively and upon consideration of the case of Abul Hossain Sana held that: “a fresh complaint may be entertained after dismissal of the previous one or after acceptance of the final report on the same allegation, agains..Category: Criminal Law | Date: | Hits: 56
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
....ia that the father of the complainant, deceased Kayemuddin gave his neighbour Md. Azimuddin, son of Md. Abdus Sobhan a sum of Taka 40,000/- for the purchase of his land but the said Azimuddin did not execute and register the sale of the land concerned nor did he return the money on various excuses e......y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......ts that the trial court has correctly assessed the evidence on record and rightly convicted and sentenced them and as such there is nothing to interfere in the impugned judgment and he thus prays for dismissal of the appeals. 13. Heard the learned advocate of both the sides and perused the L.C. R..Category: Criminal Law | Date: | Hits: 56
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
....he appellant and others under section 302/34 of the Penal Code, which was read over to the accused persons, wherein they pleaded not guilty and claimed to be tried. 5. During trial the prosecution examined 8 witnesses and defence examined none. 6. The defence case as it appears from the trend ...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......st the appellant by adducing sufficient evidence and the trial court committed no illegality in convicting him and as such there is nothing to interfere in the impugned judgment and he thus prays for dismissal of the appeal. 11. Heard the learned advocate of both the sides and perused the L.C. Re..Category: Criminal Law | Date: | Hits: 50
Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)
....tab injury by “Sabal” on the left chest of Giazuddin. Hearing alarm Shamsul Huq rushed in followed by many others. In the evening the students of Madrasha Mir Mahbubur Rahman (appellant) a former expelled student Beltala Madrasha moving around the place. None was named in the FIR as accused and ......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......oved his involvement with the alleged occurrence and the trial court committed no illegality in convicting him and as such there is nothing to interfere in the impugned judgment and he thus prays for dismissal of the appeal. 12. Heard the learned advocate of both the sides and perused the L.C. Re..Category: Criminal Law | Date: | Hits: 52
Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)
....une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ......une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ......hmed, Advocates—For the Petitioners. Syed Mahmudul Ahsan, Advocate—For the Opposite Parties. Matter No.151 of 1997. Judgment Respondent Nos.1-3 have filed this application for summary dismissal of the main application filed by petitioners under section 233 of the Companies Act. The p..Category: Company Law | Date: | Hits: 235
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
....ession after evicting the defendant No. 1 Ayesha Khatun, demolishing and removing the dwelling house of the defendant No. 1 thereon, and for the declaration of the kabala deed No. 2373 dated 5-5-1969 executed by the defendant No. 2 in favour of defendant No. 1 as illegal, collusive, ineffective, cre......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......y, the suit was dismissed for default. It further appears from evidence on record that the contesting defendant No.1 who was plaintiff in that suit did not take any legal steps against that order for dismissal. 40. Since the defendant No. 1, Ayesha Khatun, did not take any legal step against that..Category: Property Law | Date: | Hits: 126
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....), 19(f) of the Arms Act and submitted FRT in favour of the accused Abu Siddique, The offence being triable by a Special Tribunal, the record of the case ultimately came up before the Sessions Judge (ex-officio Senior Special Tribunal) Sylhet who registered it as Special Tribunal Case No, 212 of 200......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......he face of unimpeachable evidence of the police witnesses who recovered such arms and ammunition. They were the most natural and competent witnesses in relation to the occurrence. So, she submits for dismissal of the appeal maintaining the judgment and order of conviction but she submits that the le..Category: Criminal Law | Date: | Hits: 63
Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)
.... possessing his shares, Satish Chandra Das died leaving three sons, namely, the pre-emptor and respondent Nos. 2 and 3 (opposite party Nos. 4 and 5 in the application). 4. Besides, Panchamoni Dasi exhausted her interest in the holdings by transfer to the pre-emptor said respondent Nos.2 and 3 and......f the rent receipts was proved by any witness. Even OPW-1 Ershad Ali in his deposition did not claim that Sudhir Das or anybody else ever paid rents under such Khatians No. 1102 or 1134. 21. By ex parte order dated 16-10-79, Exhibit- 'Ka' the Circle Officer (Rev) at; Manirampur allowed separation......y illegality or infirmity. Appeal accordingly, fails. 37. In the result, the appeal is dismissed with cost. Impugned judgment and order allowing preemption are hereby affirmed. In view of order of dismissal of the appeal, connected Civil Rule No. 156 (FM) of 2002 is also discharged with cost. Ord..Category: Property Law | Date: | Hits: 69
Nurul Islam and others Vs. A Huq Munshi & others, 2006, 35 CLC (HCD)
....fs, in short, is that the suit land situated at Mouja Chandkati under police station Jhalakati being CS khatian No. 30 (Karsha right) bearing CS plot No. 201, 202 measuring an area 1.83 acres of land except tenanted land belonged to Abdur Gafur as 6anna share, Amina Begum as 2 anna share, Hinguluddi......gment and decree dated 19-7-1999 dismissed the suit against the defendant Nos. 1 to 3, 8, 9, 11 to 13 in terms of solenama and also dismissed on contest against the defendant Nos. 19, 20 to 22 and ex parte against the rest. 16. Being aggrieved by the judgment and decree dated 19-7-1999, the plain......ned Subordinate Judge, First Court, Jhalakati, in Title Suit No. 52 of 1994 is upheld and the suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 538. ..Category: Property Law | Date: | Hits: 70
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....y Clayton Ltd Vs. Allied Arab Banks, [1985] 22 Lloyd's Rep 554; Handerson Vs. Canadian Imperial Bank of Commerce and Peat Marwick Ltd, 40 British Columbia LR 3 IS; Hamzeh Malas and Sons Vs. British Imex Industries Lid, [1958] 2 QB 127; Discount Records Ltd Vs. Barclays Bank Ltd and another, [1975] 1...... from any illegality and infirmity; and therefore, does not call for any interference. Both appeals fail. FA No. 679 of 2001 Third party, Hanvit Bank presented the appeal against the ex parte decree dated 29‑8‑2001 passed by learned Joint District Judge and Commercial Court No. 2 a......t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ..Category: Business or Commercial Law | Date: | Hits: 289
Abdur Rahim Chowkider @ Abdur Rahman Sheikh Vs. Raji Haider and others, 2006, 35 CLC (HCD)
....clared that he had title and possession in the suit land, which was recorded in the record of rights in the name of his father Hashem Ali. The plaintiffs also came to know that Hashem Ali obtained an ex pane decree in Title Suit No. 49 of 1957 and got the record corrected in his name on the basis of......the suit land. 50. In support of his case, defendant No. 1 also adduced a certified copy of the plaint in Title Suit No. 49 of 1957 filed on 4-2-1957, order dated 28- 10-1957 decreeing the suit ex parte and decree drawn. They were marked as Exhibit-A, A (1) and A(3). Certified copies were obtaine...... decree affirming those of trial Court decreeing the suit are hereby set aside and the suit is dismissed. Send down the record at once. Ed. This Case is also Reported in: 58 DLR (2006) 470. ..Category: Property Law | Date: | Hits: 79
Jamal Ahmed alias Jamal Vs. State, 2005, 34 CLC (HCD)
....Magistrate framed charge against the accused persons under section 2(Kha) (1) and 2 Kha Dighayee of Ain Sinkhole Bignakari Aparadh Daman (Druta Bicher) Ain, 2002 in his absence. 6. Prosecution has examined 4 (four) witnesses in his absence and the learned Magistrate considering the facts and circ......o have been held without the knowledge of the accused and behind his back and the Limitation Act having not provided any special limitation for appeal in case of such trial in absentia, as if held ex parte by committing fraud upon the Court by suppressing notice, it would be in consonance with the p......gment is not accompanied with the petition of appeal, is against the law. 28. In this connection, he refers section 421 of the Code of Criminal Procedure which runs thus; "Section 421. Summary dismissal of appeal.- (1) On receiving the petition and copy under section 419 or section 420, the a..Category: Criminal Law | Date: | Hits: 65
Mashriqui Jute Mills Vs. Chairman, Second Labour Court & another, 2005, 34 CLC (HCD)
..... - This Rule Nisi was issued calling upon the. respondents to show cause as to why the impugned Judgment and order dated 17-9-2001 passed by the respondent No. 1 in Complaint Case No. 29 of 1996 (Annexure-C to the petition) should not be declared to have been made without lawful authority and is of......nexure C to the petition) is declared to have been made without lawful authority and is of no legal effect. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 352.......dent No. 2 sent a grievance petition to the petitioner as per rule. He appeared before the petitioner for personal hearing but to no effect and the petitioner kept his earlier decision unchanged. The dismissal order was illegal and hence the respondent No. 2 filed the aforesaid Complaint Case No. 29..Category: Employment/Service Law | Date: | Hits: 67
Noorjahan Ahmed and others Vs. Tarifuddin Ahmed, 2003, 32 CLC (HCD)
....Judge, Dinajpur dismissing the suit. 2. The appellant No. 1 as plaintiff instituted other suit No. 130 of 1986 in the Court of Subordinate Judge, Dinajpur against the respondent for a decree that the ex parte Judgment and decree dated 27-11-1984 passed in Other Suit No. 105 of 1983 is void, illegal ......ge, Dinajpur dismissing the suit. 2. The appellant No. 1 as plaintiff instituted other suit No. 130 of 1986 in the Court of Subordinate Judge, Dinajpur against the respondent for a decree that the ex parte Judgment and decree dated 27-11-1984 passed in Other Suit No. 105 of 1983 is void, illegal and......ps for reconstruction of the record of the other suit No. 105 of 1983. There shall be no order as to cost. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 326...Category: Property Law | Date: | Hits: 83
....ith Writ Petition No. 9 of 2002.
Judgment
Tariq-ul-Hakim J. - In Writ Petition 6822 of 2001 Rule Nisi has been issued calling upon the respondents to show cause as to why the impugned order (Annexure B to the Writ Petition) to the extent of transferring the petitioner from his present place of...... passed by the respondent No.3 are declared to have been passed without any lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 58 DLR (2006) 316, 26 BLD (HCD) (2006) 343.......this connection he has pointed out the provisions of section 25(1 )(b) of the Employment of Labour (Standing Orders) Act, 1965 which provides that any worker having grievance against his termination, dismissal, discharge and otherwise removal from service is required to apply to the Labour Court for..
Category: Employment/Service Law | Date: | Hits: 75
Mansur Ali Howlader Vs. Nurul Islam Howlader, 2004, 33 CLC (HCD)
....fzal Hossain Ahmed J. - This Rule is directed against the order dated 7- 9-85 passed by the District Judge, Bakerganj in Title Appeal No. 73 of 1985 rejecting the memo of appeal preferred against the ex parte judgment and decree dated 16-4-1985 and 20-4-1985 respectively passed by the Subordinate Ju......l Hossain Ahmed J. - This Rule is directed against the order dated 7- 9-85 passed by the District Judge, Bakerganj in Title Appeal No. 73 of 1985 rejecting the memo of appeal preferred against the ex parte judgment and decree dated 16-4-1985 and 20-4-1985 respectively passed by the Subordinate Judge......ppeal in accordance with law and to dispose of the appeal within 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 58 DLR (2006) 304, 26 BLD (HCD)(2006) 53...Category: Property Law | Date: | Hits: 81
Abdur Rashid Salam Vs. Md. Moniruzzaman, 2005, 34 CLC (HCD)
....efendant-opposite party applicant stating, inter alia, that he was a monthly tenant under him in respect of the suit premises under a renewable agreement of tenancy for a period of 2(two) years which expired on 30-4-2003. The plaintiff-petitioner, however, is in possession of the suit premises by ho......very decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals, from the decisions of such Court. (2) An appeal may lie from an original decree passed ex parte. (3) No appeal shall lie from a decree passed by the Court without the consent of parties.......tion of a plaint and the determination of any question within section 144. But shall not include (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. Explanation.— A decree is preliminary when further proceedings have to ..Category: Procedural Law | Date: | Hits: 90
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....dated 25.08.2010, passed by the High Court Division in Writ Petition No. 7916 of 2008, making the rule absolute. 2. It appears that the Uttara Bank Ltd. the reapondent No. 3 herein obtained an ex-parte decree in Artho Rin Suit No. 293 of 2003 against Sonali Bank, the petitioners, on the alleg......ed 25.08.2010, passed by the High Court Division in Writ Petition No. 7916 of 2008, making the rule absolute. 2. It appears that the Uttara Bank Ltd. the reapondent No. 3 herein obtained an ex-parte decree in Artho Rin Suit No. 293 of 2003 against Sonali Bank, the petitioners, on the allegati......from the date of receipt of this order in accordance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ..Category: Civil Law | Date: | Hits: 102
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