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Sultan Mia (Md.) Vs. Hazi Md. Yusuf, 2001, 30 CLC (HCD)
....n the basis of solenama filed in the Court on 3 1-10- 1996 between the plaintiff and the heirs of Md. Jalaluddin, Pursuant thereto the decree was drawn up on 20-2-1997. Petitioner put the decree into execution in title execution case No.31 of 1997 and got the sale deed registered through Court and g...... of exercise of section 151 does not arise as the opposite party made the application under rule 101 of Order 21. In the reported case referred by the learned Advocate, the question was whether an ex parte decree can be set aside under section 151 of the Code. In that case, the plaintiff after being......e of the matter expeditiously preferably within 3 months from the date of receipt of the order. Send down the lower Court records. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 555. ..Category: Property Law | Date: | Hits: 82
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....se Building Finance Corporation and as a result of which House Building Finance Corporation instituted a money suit bearing No.5 of 1991 against Mr. A Razzaque and which suit was subsequently decreed ex parte and the House Building Finance Corporation thereafter instituted Money Execution Case beari......Building Finance Corporation and as a result of which House Building Finance Corporation instituted a money suit bearing No.5 of 1991 against Mr. A Razzaque and which suit was subsequently decreed ex parte and the House Building Finance Corporation thereafter instituted Money Execution Case bearing ......s of the case, we direct the parties to bear their respective costs all through. Send down the lower Court’s Record immediately. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 535. ..Category: Civil Law | Date: | Hits: 71
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....vil Revision Petition as plaintiff on 17-8-1985 laid a suit being Title Suit No.368 of 1985 in the First Court of Munsif (now Assistant Judge), Dhaka for a decree that defendants are legally bound to execute necessary documents relating to the suit property in favour of plaintiff after accepting the......t Judge, Second Court, Dhaka in Title Appeal No.136 of 1997 are maintained. Lower Courts Record be sent as immediate as possible. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 522. ......ase. Defendants did not produce any witness in support of their case. 10. Learned Senior Assistant Judge, First Court, Dhaka by judgment and decree dated 29-5-1997 dismissed the suit. In recording dismissal the learned Senior Assistant Judge as the trial Judge held that it was not proved that pla..Category: Property Law | Date: | Hits: 83
Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)
.... would fail by reason of some 'formal defect' or for some 'other sufficient grounds'. 19. What is 'formal defect' has not been defined anywhere in the Code. But there are good authorities that the expression 'formal defect' should receive wide and liberal meaning. Even when a plaintiff could not ......aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......ct, failed; 13. Opposing the application, an affidavit was filed on behalf of respondent No. 1 14. Mr. Md. Nazibur Rahman, learned Senior Advocate for the respondent No. 1, submitted that after dismissal of the suit even on the question of title the application did not deserve consideration ot..Category: Property Law | Date: | Hits: 83
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....de for restraining said defendant Nos. 1 to 3 from dealing and/or making any transaction underhand or overhand in any manner with any person or persons in respect of Birla brand tyres and obtained an ex parte ad-interim injunction on those terms. 5. On their further application for temporary mand......for restraining said defendant Nos. 1 to 3 from dealing and/or making any transaction underhand or overhand in any manner with any person or persons in respect of Birla brand tyres and obtained an ex parte ad-interim injunction on those terms. 5. On their further application for temporary mandato...... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ..Category: Civil Law | Date: | Hits: 148
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....No. 4 of 1997 in the Second Court of Subordinate Judge at Sadar in Chittagong against the appellant and others for declaration of title and confirmation of possession and for further declaration that ex-parte judgment and decree dated 30-7-95 passed In Other Suit No. 151 of 1999 by Second Commercial...... 4 of 1997 in the Second Court of Subordinate Judge at Sadar in Chittagong against the appellant and others for declaration of title and confirmation of possession and for further declaration that ex-parte judgment and decree dated 30-7-95 passed In Other Suit No. 151 of 1999 by Second Commercial Co...... 64. But defendant No. 5 took the view that as she was not a party so she was not bound by the agreement. 65. Then, defendant No. 5 and defendant No. 1 on 10-1-95 filed a compromise petition for dismissal of the suit against her only, exhibit-Jha(9). In the petition, she admitted the agreement ..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....ion of electric line, water, etc was taken, in the name of Farida Rahman, to the house. Hamiduddin Ahmed then inducted monthly tenants in the house and out of the rents collected; he used to meet the expenditure of Government rents, Municipal taxes, electric and water bills and maintenance cost. ...... in support of his brother Shamsul Haque. 29. By impugned judgment and decree learned Joint District Judge decreed Other Suit No. 15 of 1998 on contest against defendant No. 1 Shamsul Haque and ex parte against the rest declaring good title of the plaintiffs Luna and Dana Rahman. In the suit prop......l Haque in Other Suit No. 15 of 98 is directed to vacate the suit house within sixty days from date positively. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 51...Category: Property Law | Date: | Hits: 139
.... 1993 refusing to vacate the impugned order dated 13-6-1993.
2. The petitioners’ case, in short, is that ore Md. Haja Mondal, the predecessor of the petitioners, took lease of the case land from ex-landlord, Opposite-Party No.2 while the suit land was in his khas possession. On 12th Jaishta, 13...... to file a separate application for condonation of delay. With this observation the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 502.......nd also in not allowing the petition filed by the petitioners under section 151 of the Code of Civil Procedure holding that the said section was not applicable for setting aside the impugned order of dismissal, inasmuch as the impugned order being a nullity could be legally set aside by invoking the..
Category: Procedural Law | Date: | Hits: 106
.... Code of Civil Procedure lies against the decision of the Additional Divisional Commissioner. He further submits that the Deputy Commissioner or the Divisional Commissioner, as the case may be, while exercising civil jurisdiction under the Chittagong Hill Tracts Regulation, 1900 does not become a Co......ainable.
For the reasons stated above, we do not find a substance in this Rule, which is discharged without any order as to costs.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......ormalities, he was dismissed from the service on 30-3-93 and he was directed to deposit a sum of Taka 1,30,629.39. The opposite party has preferred an appeal before the authority against the order of dismissal from the service. A committee was formed for further enquiry of the said allegations in pu..
Category: Civil Law | Date: | Hits: 89
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....er was retraced by the petitioner but at what point of time that has not been disclosed in this petition but it is clear that on 26-3-2000 that order was handed over to the learned Advocate who on an examination of the same advised her to file an application for rectification of that order under sec......inance, on 4-5-2000, the petitioner will be given a long latitude, in other words, she will have lots of both the worlds. Such a course is not allowed by the Ordinance. Even in civil Courts if any ex parte decree is passed against a defendant he can either file an application under Order 9 rule 13 f......es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ..Category: Fiscal/Taxation Law | Date: | Hits: 108
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....ds, 1914 AC 808, Liversidge Vs. Andersen, 1942 AC 206, Keshab Talpade Vs. Emperor, AIR 1943 FC 1, Emperor Vs. Vimlabai Deshpand, (AIR 1946 PC 123), Nakhuda Ali Vs. M. F. De S. Jayartne (1951) AC 66, Rex Vs. Electricity Commission (1924) 1 KB 171, Rex Vs. Legislative Committee of the Church Assembl......istan and others, 13 DLR (SC) 233—PLD 1961 (SC) 537, Franklin Vs. Minister of Town and Country Planning (1948) A.C. 87, Hidge Vs. Baldwin and others (1964) A.C. 40, Reg. Vs. Smith, 5 Q.B. 615, Ex parte Ramshay, 18 Q.B. 173, Osgood Vs. Nelson, L.R. 5 H.L. 636, Cooper Vs. Wands worth Board of Work......this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..Category: Constitutional Law | Date: | Hits: 291
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....y) Requisition of Property Act, 1948 was issued on 27‑3‑1985 to the petitioners. They filed objection stating that the assessment of compensation was absolutely inadequate and much below the then existing rate and the acquired property was/is a commercial plot having commercial importance; the a......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......d by the learned Subordinate Judge, Arbitration Court, Dhaka in Arbitration Case No. 399 of 1985 is a legal and valid judgment which should be sustained by the High Court Division and also prayed for dismissal of FMA 152 of 2001. 16. Mr. Mahbubey Alam, the learned Advocate appearing on behalf of ..Category: Property Law | Date: | Hits: 95
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....redecessor of the respondent Nos.1-8, instituted Other Class Suit No.199 of 1976 against the petitioners and the respondent Nos. 9-15 for specific performance of contract. The said suit was decreed ex-parte. Thereafter the petitioners filed Other Class Suit No.27 of 2008 in the Court of Joint Dist......ecessor of the respondent Nos.1-8, instituted Other Class Suit No.199 of 1976 against the petitioners and the respondent Nos. 9-15 for specific performance of contract. The said suit was decreed ex-parte. Thereafter the petitioners filed Other Class Suit No.27 of 2008 in the Court of Joint Distric......s including the impugned judgment. Admittedly the petitioners instituted Miscellaneous Case No.119 of 1976 for setting aside the ex-parte decree passed in Other Class Suit No.119 of 1976. After the dismissal of the case, they again filed Miscellaneous Case No.111 of 1981 which was also dismissed. ..Category: Property Law | Date: | Hits: 89
Md. Raisuddin Biswas and others Vs. Md. Mazed Ali, 2009, 38 CLC (AD)
....f, are that Majed Ali, the respondents No.1 in both the appeals, filed the above Title Suit No. 92 of 1995 seeking declarations that the Deed of Heba-bil-Ewaz No. 15294 dated 11.10.1986 allegedly executed by his father Hedayetullah Biswas gifting the suit land to the defendant Beraful Nessa, h......li, Advocate-on-Record-For the Appellants (In both cases) M. M. Abdul Qyayum, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent No. 3 (In both cases) Ex-parte- Respondent Nos. 1-2, 4-4 (In both cases) Civil Appeal Nos.167-168 of 2005. (From the ju...... be sustained and accordingly those are set aside. Both the appeals are allowed without any order as to costs. End. This Case is also Reported in: VIII ADC (2011) 1, 16 MLR (AD) (2011) 261. ..Category: Property Law | Date: | Hits: 109
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....Abdul Mannan to check up the daily cause list carefully and to arrange for taking time as and when required. Most unfortunately, the clerk missed the list and consequently the judgment was pronounced ex parte. On 21st day of March, 2002 when the defendant-opposite parties disclosed that they got the......ul Mannan to check up the daily cause list carefully and to arrange for taking time as and when required. Most unfortunately, the clerk missed the list and consequently the judgment was pronounced ex parte. On 21st day of March, 2002 when the defendant-opposite parties disclosed that they got the ju......he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ..Category: Property Law | Date: | Hits: 73
H.M.A. Sattar Vs. Government of People's Republic of Bangladesh, 2009, 38 CLC (AD)
....the High Court Division, discharging the Rule. 2. In the Writ Petition the Rule was issued calling upon the respondents to show cause as to why the Memo No. বিঅ/৩৮/১৬৯/৬/(৪)(Annexure-N to the Writ Petition) dated 06.02.2005 issued by the Inspector of Schools, Board of Intermed......fere with the impugned judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 71. ......ourt Division holding that there is no merit in the Rule as well as the petitioner is not an aggrieved person observing, amongst others, that the petitioner did not pray that, the non-approval of the dismissal order of the Head Master by the Board is illegal and no prayer has been made for directing..Category: Civil Law | Date: | Hits: 90
Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)
....fendant No.1, who claimed false title to the suit land on 20th Kartick 1365 BS, the predecessor of the petitioners was constrained to file the suit for declaration of title. The said suit was decreed exparte on 2‑6‑1959 by the learned Munsif, now Assistant Judge and the plaintiffs title to the s......ndant No.1, who claimed false title to the suit land on 20th Kartick 1365 BS, the predecessor of the petitioners was constrained to file the suit for declaration of title. The said suit was decreed exparte on 2‑6‑1959 by the learned Munsif, now Assistant Judge and the plaintiffs title to the sui...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ..Category: Property Law | Date: | Hits: 61
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....d amount within 15 days from the cause of action which arose on 6‑4‑2000 and thereby the accused committed an offence under section 138 of Negotiable Instruments Act, 1881. On 30‑4‑2000 after examining the complainant under section 200 of the Code of Criminal Procedure the learned Magistrate......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......agistrate before dismissing the complaint and acquitting the accused under section 247 to ascertain whether the complainant had been dilatory in the prosecution of the case or not before ordering the dismissal of the complaint. If the Legislature intended to deprive the Magistrate of the discretion ..Category: Banking Law | Date: | Hits: 237
....e the purchaser-owner of the case property on the basis of an agreement for sale dated 21.01.1972 with the original lessee of the case property and that the writ petitioner got the required sale deed executed and registered through Court by filing Title Suit No.121 of 1981 in the Court of Subordinat......se property through Court by filing Execution Case, after getting a decree in his suit for Specific Performance of Contract relating to the agreement dated 20.01.1972 and the said suit was decreed ex-parte on 01.06.1986 and the required sale deed was executed on 15.12.1983 and delivery of possession......and thus there is no merit in the leave petition.
Accordingly, the petition for leave to appeal is dismissed
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 49, 63 DLR (AD) (2011) 127.
..
Category: Property Law | Date: | Hits: 54
Lutfor Rahman Vs. Divisional Mechanical Engineer and others, 1998, 27 CLC (HCD)
....ed the same on 19-5-84. Thereafter, a further enquiry was held and the petitioner was found partially responsible for the accident. The petitioner was served with a show cause notice and he submitted explanation to the show cause. But it was not found satisfactory by the authority and was rejected. ...... Accordingly, we direct to dispose of the review petition according to law. In the result, we make the Rule absolute. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 133.......at the instance of the petitioner upon the respondents to show cause as to why they should not be directed to dispose of the Review application filed by the petitioner on 19-8-85 against the order of dismissal passed by the President and CMLA or such other or further order or orders passed as to thi..Category: Employment/Service Law | Date: | Hits: 78
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