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Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....widow who got their property and they separated their share by agreement held in a salish dated 28-1-1957 and again their properties were partitioned by Arbitration held on 8-4-1957 and the award was executed and registered and thus the suit land fell in the share of Nurul Hoque and accordingly, Nur......endant No. 1 filed an application for time for filing documents but none was found to move the application and, as such, the prayer for time was rejected and the learned Court below heard the suit ex parte and decreed the suit by its order dated 2-3-1994. 8. The defendant No. 1 on 17-3-1994 came ......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....dgment and decree dated 17-10-2002 was liable to be set aside allowing this revision. 5. It appears from record that the Family Suit No. 11 of 1999 was filed on 1-3-1999 and the suit was fixed for ex parte hearing on 20-4-1999. Later on the learned trial Court decreed the suit ex parte on 2-6-199......ent and decree dated 17-10-2002 was liable to be set aside allowing this revision. 5. It appears from record that the Family Suit No. 11 of 1999 was filed on 1-3-1999 and the suit was fixed for ex parte hearing on 20-4-1999. Later on the learned trial Court decreed the suit ex parte on 2-6-1999. ......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ..Category: Family Law | Date: | Hits: 184
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....ssued at the instance of the petitioner calling upon the respondents to show cause as to why the impugned order No. 16 dated 20-11-2000 passed by respondent No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-D) and the subsequent proceedings in Bankruptcy Case No. 6 of 2000 pending before respondent N......ut if such acceptance would lead to an absurdity or inconsistency the true meaning is to be gathered from the entire statute, each part throwing light on the other part and the plain meaning may be departed from according to what is known as the golden rule of interpretation. In such a case, the Cou......vocate appearing for the respondents, has placed before us the relevant provisions of Bankruptcy Act. 1997 and the Rules framed there under and submits that section 28 of the Act does not contemplate dismissal of the suit without exhausting hearing procedures under the provisions of section 27 of th..Category: Civil Law | Date: | Hits: 131
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
....r-in-interest of the petitioners as plaintiff on 27-4-1994 instituted Title Suit No. 22 of 1994 for partition. On 9-5-1996, the suit was decreed on contest against defendant Nos. 143, 144 and 232 and ex parte against the rest in the preliminary form. After receipt of the report of the advocate commi......n-interest of the petitioners as plaintiff on 27-4-1994 instituted Title Suit No. 22 of 1994 for partition. On 9-5-1996, the suit was decreed on contest against defendant Nos. 143, 144 and 232 and ex parte against the rest in the preliminary form. After receipt of the report of the advocate commissi...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224...Category: Property Law | Date: | Hits: 72
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....s Trial Case No. 1 of 2001 discharging the opposite party No.2 Mofizur Rahman alias Mofizul Azam on the ground that there is no sufficient evidence to proceed against him. Since the petitioner has annexed the statements of all the witnesses recorded under section 161 Cr.P.C. along with the first inf......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......dismissing the complaint. The learned Sessions Judge directed the Magistrate to hold further inquiry into the matter. The Magistrate on holding inquiry dismissed the complaint under section 203. This dismissal order was again challenged in a revision petition. The learned Sessions Judge directed the..Category: Criminal Law | Date: | Hits: 49
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
.... Nisi was issued calling upon the respondents, the District Magistrate and the Additional District Magistrate, Dhaka and Mr. Anwar Hossain, to show cause as to why the impugned orders contained in Annexures-E and G and the publication of name of respondent No.3. Mr. Anwar Hossain, as printer and pub......ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......No. 2746 of 1997 were in accordance with law. It is also stated in the affidavit-in- opposition filed by Mr. Anwar Hossain in Writ Petition No. 3834 of 1999 that since those impugned orders regarding dismissal and appointment of some persons in the Company was subsequently withdrawn Rule in the said..Category: Information Technology Law | Date: | Hits: 324
Jahangir Alam (Md.) and another Vs. Md. Shamsur Rahman Sarder & others, 2010, 39 CLC (AD)
.... Suit No.170 of 1961 for declaration of title and cancellation of dead No.8142 dated 2nd September, 1961 against Shamsuzzoha Begum in the 1st Court of Subordinate Judge, Bakergonj, Barisal and got an ex-parte decree. According to the writ petitioner said Shamsuzzoha Begum sold the said property to......it No.170 of 1961 for declaration of title and cancellation of dead No.8142 dated 2nd September, 1961 against Shamsuzzoha Begum in the 1st Court of Subordinate Judge, Bakergonj, Barisal and got an ex-parte decree. According to the writ petitioner said Shamsuzzoha Begum sold the said property to An...... Appeal No. 271 of 2003 is disposed of in the terms of the judgment in C.A. No. 270 of 2003. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 22, 8LG (AD) (2011) 65, 31 BLD (AD) (2011) 52. ..Category: Property Law | Date: | Hits: 71
....1.1977. The present plaintiff respondent being aggrieved by the said judgment and decree preferred First Appeal No. 9 of 1978 and the appeal was dismissed by the judgment and decree dated 18.03.1984 (exhibit-‘kha’). Thereafter the present plaintiff preferred civil petition for Leave to Appeal No......the suit land in favour of appellants through court.
The office is directed to send down the lower Court’s record at once.
Md. Rais Uddin J.- I agree.
Ed.
This Case is also Reported in:
......of the defendants from enjoying the fruit of the decree passed in other suit no 41 of 70 and from executing the same vide Execution Case No. 20 of 1985. With these averments the appellants prayed for dismissal of the suit.
5. The learned Sub-ordinate Judge framed the following issue:-
1) Is th..
Category: Property Law | Date: | Hits: 110
Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)
..... Mr. Rafique-ul Huq and Dr. M Zahir, the learned Advocates appeared before us and assisted by giving their valuable interpretation of sections 6 and 7 of the Artha Rin Adalat Act as amended and also expressed their opinion. Both the learned Advocates Mr. Rafique-ul Haq and Dr. M Zahir have taken us...... Both the learned Advocates Mr. Rafique-ul Haq and Dr. M Zahir have taken us through the amended provisions of sections 6 and 7 of the aforesaid Act. Section 6 was amended in the manner that if an ex parte decree is passed by the Artha Rin Adalat and if an application under Order 9 rule 13 of the Co......l be registered if it is otherwise in order. The assistance rendered by the two learned Senior Advocates of the Bar is highly appreciated. Ed. This Case is also Reported in: 52 DLR (2000) 537...Category: Civil Law | Date: | Hits: 87
Foto Fast Color Lab Vs. Bangladesh & others, 2000, 29 CLC (HCD)
....nd prayed for re-hearing upon issuing the show cause notice and appropriate enquiry in the matter. 4. Mr. Rafiqul Islam the learned Counsel appearing for the petitioner has taken us through the Annexures particularly Annexures-A the Trade licence issued by Dhaka Municipal Corporation, Annexure-B ......onsequent right of the parties to proceed in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 533.......or the purpose of re-opening the assessment and holding any enquiry whatsoever in violation of the principle of natural justice also the provision of section 47 of the VAT Act and as such the alleged dismissal of appeal solely on the ground of the same being barred by limitation have been done witho..Category: Fiscal/Taxation Law | Date: | Hits: 139
Sayed Nurul Hossain Vs. Secretary, Ministry of Industries, 1998, 27 CLC (HCD)
..... 2 and 3. Writ Petition No. 1293 of 1995. Judgment Md. Tafazzul Islam J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 29-6-92 (Annexure-C) purporting to cancel the appointment of the petitioner should not be declared to have been ......yment of the petitioner and accordingly no interference is called for. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 226.......licable. 15. In the decision reported in 32 DLR (AD) 83, wherein an employee of Bangladesh Council of Scientific and Industrial Research Laboratory filed Writ Petition challenging the order of his dismissal, question arose as to whether the above Council is a local authority or not within the mea..Category: Employment/Service Law | Date: | Hits: 117
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....er.” Facts as averred 1. The petitioners in their endeavour to portray a comprehensive scenario of the state of affairs that have been in prevalence, surrounding gas and mineral resources exploration, existence of alleged improprieties therein and the practices other developing countries...... other gas/oil producing countries. To substantiate his claim as to our competence to interfere in policy matters, Mr. Razzak relied on the ratio expressed in the cases of R Vs. Secretary of State ex parte Duly (3 All ER 2001 page 433), Brahambari Purashava Vs. Secretary, Ministry of Land Reforms (7......rder as to cost. All interlocutory orders, issued earlier, are hereby vacated. Mohammad Anwarul Haque J.- I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 386. ..Category: Constitutional Law | Date: | Hits: 231
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
.... the land purchased by the defendant was wrongly recorded in the SA Khatian in the name of Kalipada and Devi Pada and for correction of record the defendant filed Miscellaneous case which was decreed ex parte on 17-4-1970 and record of right was accordingly corrected. During RS operation the suit la......e land purchased by the defendant was wrongly recorded in the SA Khatian in the name of Kalipada and Devi Pada and for correction of record the defendant filed Miscellaneous case which was decreed ex parte on 17-4-1970 and record of right was accordingly corrected. During RS operation the suit land ......r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457...Category: Property Law | Date: | Hits: 71
Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456.......d to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456.......r section 7 thereof the Court of settlement is obliged-under section 10(5) to dispose of the case on merit considering the evidence and materials placed before it and as such there being no scope for dismissal of the case for default, the Court of Settlement acted without jurisdiction in dismissing ..Category: Procedural Law | Date: | Hits: 92
Mukta Biri Factory Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....te appearing for the applicant, submits that in the instant case the Commissioner of Taxes (Appeal) dismissed the appeal on the ground of limitation without giving any opportunity to the applicant to explain the delay. The learned Advocate referring to section 154(3) of the Ordinance submits that th......applicant in this reference must be taken to be true. Accordingly, the reference is disposed of, however, without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 451. ......ence the following questions have been raised by the applicant for opinion of this Court: “(a) Whether the Taxes Appellate Tribunal, Division Bench-I, Dhaka was justified in law in upholding the dismissal of Appeal as barred by limitation at the back of the assessee without pointing it out to t..Category: Fiscal/Taxation Law | Date: | Hits: 128
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....assed an order for service of notice upon learned Advocate of the respondents. The learned Subordinate Judge by his order dated 16-6-91 set aside the order of dismissal of Title Appeal No.226 of 1981 ex-parte without serving any notice upon the learned Advocate of the petitioner as ordered earlier. ......ed an order for service of notice upon learned Advocate of the respondents. The learned Subordinate Judge by his order dated 16-6-91 set aside the order of dismissal of Title Appeal No.226 of 1981 ex-parte without serving any notice upon the learned Advocate of the petitioner as ordered earlier. The...... although on an earlier occasion he had passed an order for service of notice upon learned Advocate of the respondents. The learned Subordinate Judge by his order dated 16-6-91 set aside the order of dismissal of Title Appeal No.226 of 1981 ex-parte without serving any notice upon the learned Advoca..Category: Procedural Law | Date: | Hits: 77
Abdul Awal (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....sesses other than those who did not file their returns under section 22(1) and 22(2) and admittedly the applicant did not file his returns under section 22(1) and 22(2) and, as such, comes within the exception of sub-section (2) for which no time limit is provided for and clause (g) of proviso (1) i......ion 23 cast a duty upon the assessing officer to assess the total income of a person if he fails to respond to section 22(2) notice according to the best of his judgment which is commonly known as ex-parte assessment. The DCT without discharging his legal objection as cast upon him by section 23 res......the Appellate Division and hence we allow the prayer and accordingly grant certificate for preferring appeal before the Appellate Division. Ed. This Case is also Reported in: 52 DLR (2000) 442. ..Category: Fiscal/Taxation Law | Date: | Hits: 96
....tituted Other Class Suit No.181 of 1985 in the Court of Munsif, First Court at Bogra for eviction of the predecessor-in-interest of the opposite parties, Ismail Sheikh as a licensee. Suit was decreed ex parte on 2-2-86. On 24-4-86 said Ismail Sheikh died leaving the opposite parties as his heirs and......uted Other Class Suit No.181 of 1985 in the Court of Munsif, First Court at Bogra for eviction of the predecessor-in-interest of the opposite parties, Ismail Sheikh as a licensee. Suit was decreed ex parte on 2-2-86. On 24-4-86 said Ismail Sheikh died leaving the opposite parties as his heirs and le...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610...
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....nt opposite party Nos. 1-8, were substituted. 6. On 22-3-1987 said SCC Suit was fixed for hearing and the defendant-petitioner failed to appear in the hearing of the suit, for which it was decreed ex parte on 22-3-87. On 1-4-87 the defendant-petitioners filed Miscellaneous Case No. 136 of 1987 un......opposite party Nos. 1-8, were substituted. 6. On 22-3-1987 said SCC Suit was fixed for hearing and the defendant-petitioner failed to appear in the hearing of the suit, for which it was decreed ex parte on 22-3-87. On 1-4-87 the defendant-petitioners filed Miscellaneous Case No. 136 of 1987 under......laintiffs suit being SCC Suit No. 9 of 1968 was dismissed for default, thereafter the plaintiff filed an application under Order 9 rule 9 of the Code of Civil Procedure for setting aside the order of dismissal and for restoration of the suit which was ultimately allowed by the SCC Judge and the High..Category: Civil Law | Date: | Hits: 86
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
....udgment Md. Joynul Abedin J.- The petitioner, Hussain Muhammad Ershad, filed this petition under Article 102 of the Constitution challenging the Notification No.1(9)/2000 Law 2 dated 30-8-2000, Annexure-A, issued by the respondent No.1, Secretary, Bangladesh Parliament Secretariat, Law Division 2...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... After hearing, the criminal appeals were dismissed. Thereafter, with regard to the election appeals, the Supreme Court quo the following passage from the judgment of the High Court, held that on the dismissal of the criminal appeals, the civil appeals (on the question of disqualification) also stoo..Category: Constitutional Law | Date: | Hits: 202
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