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Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....a-for the respondents. Writ Petition No. 9797 of 2008 Judgment Md. Ruhul Quddus J.- This Rule Nisi, was issued at the instance of the writ petitioner Md. Arif Gaffer, a judgment debtor in an ex parte decree passed by the Artha Rin Adalat, Khulna to examine the legality of order dated 1.12.2......or the respondents. Writ Petition No. 9797 of 2008 Judgment Md. Ruhul Quddus J.- This Rule Nisi, was issued at the instance of the writ petitioner Md. Arif Gaffer, a judgment debtor in an ex parte decree passed by the Artha Rin Adalat, Khulna to examine the legality of order dated 1.12.2008......reby cancelled. The office is directed to communicate the copy of this judgment at once to the concerned executing Court. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 169
Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)
....rtition. The plaintiff also asserted that Chandra Kumar Paul gifted his 1/4/- annas share to his wife Marani Paul who being owner thereof sold the same to the plaintiff on payment of Taka 2,000.00 by executing a bainapatra on 4-2-1959 in favour of the plaintiff. According to the plaintiff Dag No. 83......of the suit. 4. The learned Subordinate Judge on consideration of the pleadings of the parties and the evidence on record dismissed the suit on contest against the defendant No. 3 with cost and ex parte against the rest without costs. Being aggrieved by the said judgment and decree the plaintiff ...... summons was served upon Gopal Chandra Paul and Chinta Haran Paul, who are the sons of Chandra Kumar Paul and solenama filed in that suit is collusive and void. Accordingly, this defendant prayed for dismissal of the suit. 4. The learned Subordinate Judge on consideration of the pleadings of the ..Category: Property Law | Date: | Hits: 51
Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)
.... right, title, interest and possession in any portion of the suit land and he filed the suit with false and frivolous allegations for making illegal gains. 4. At the trial the plaintiff-petitioner examined 3 witnesses and the contesting defendants examined 3 witnesses and exhibited documents in s...... appellant for permission to withdraw the suit on the ground of formal defects with permission to sue afresh on the same cause of action. The learned Subordinate Judge by his order dated 10-6-1989 ex parte allowed the prayer for withdrawal of the suit after allowing the appeal and setting aside the ...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..Category: Property Law | Date: | Hits: 88
Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)
....he defendant No.4 and another deed registered on 14-10-1982, transferred 0.6½ acre and 0.09 acre as stated in Schedule-1 and 2 respectively in his favour, the defendant No.4 also became owner to the extent of 0.05 acre as an heir of Nabu Biswas and 0.04 acre by purchase from his sister Baru Bibi by......oming actual possession by the will of the parties, extends to the whole which is in immediate conception with such part where the possession is rightfully, though not where it is wrongfully taken Ex parte Fletchar. An appropriate intention where two are present on the same premises may put the one ......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..Category: Property Law | Date: | Hits: 72
Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)
....997 filed challenging the judgment and decree dated 21.01.1997 passed by the learned Senior Assistant Judge, 1st Additional Court, Noakhali, decreeing the Title Suit No.188 of 1988 declaring that the ex parte decree obtained by the defendant No.1 of the suit as plaintiff in Title Suit No. 808 of 197...... filed challenging the judgment and decree dated 21.01.1997 passed by the learned Senior Assistant Judge, 1st Additional Court, Noakhali, decreeing the Title Suit No.188 of 1988 declaring that the ex parte decree obtained by the defendant No.1 of the suit as plaintiff in Title Suit No. 808 of 1977 s......n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12...Category: Property Law | Date: | Hits: 71
Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)
....amedi ...................... Petitioner Vs. Abu Sayeed Mondol……………….. Respondent-Contemner Judgment January 4, 2011. Result: The Contempt Rule is made absolute. The explanation given by the contemner is inconsistent misleading The contemner took different pleas ...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......rom 21.10.1999, when he was suspended. The legal position is that a Superintendent being suspended from Madrasah is entitled to get subsistence allowance from the date of suspension up to the date of dismissal, if it happens at all. Even if the Civil Appeal is allowed by the Hon’ble Appellate Divi..Category: Criminal Law | Date: | Hits: 68
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....ar V. Vinay Chandra Misra, AIR 1981 S.C. 723, Mohd. Ikram Hussain V. The State of U.P. AIR 1964 SC 1625, Supreme Court Bar Association V. Union of India, AIR 1998 S.C.1895, Reg V. Odham's Press Ltd., ex parte A.G. (1957)1 QB 73, Morris V. The Crown Office (1970)1 All ER 1079, Offut V. US, (1954) 348......V. Vinay Chandra Misra, AIR 1981 S.C. 723, Mohd. Ikram Hussain V. The State of U.P. AIR 1964 SC 1625, Supreme Court Bar Association V. Union of India, AIR 1998 S.C.1895, Reg V. Odham's Press Ltd., ex parte A.G. (1957)1 QB 73, Morris V. The Crown Office (1970)1 All ER 1079, Offut V. US, (1954) 348 US...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..Category: Criminal Law | Date: | Hits: 163
Shahabuddin Ahmed Vs. Abdur Rab Molla & others, 1999, 28 CLC (HCD)
....ed 26-10-1987 in EC No.6831. Thereafter the petitioner filed an appeal before the learned District Judge, Narayanganj, being Miscellaneous Appeal No.7 of 1989. In due course the said appeal was heard ex parte by the learned Additional District Judge and by his judgment and order dated 11-11-1991 all......26-10-1987 in EC No.6831. Thereafter the petitioner filed an appeal before the learned District Judge, Narayanganj, being Miscellaneous Appeal No.7 of 1989. In due course the said appeal was heard ex parte by the learned Additional District Judge and by his judgment and order dated 11-11-1991 allowe......ion 32 of the Waqf Ordinance, they duly appeared before Administrator of Waqfs and contested the case against them by filing a joint written statement denying all allegations against them, that after dismissal of the said application an appeal was filled and notices of the appeal was also duly serve..Category: Trust/Waqf Law | Date: | Hits: 189
......................Respondent
Judgment
July 11, 1999.
Cases Referred to-
Malik Afzal Hossain Vs. Bangladesh Jute Mills Corporation and others 18 BLD (AD) 686; Md. Torab Ali Vs. Bangladesh Textile Mills Corporation and another 41 DLR 138.
Lawyers Involved:
Md. Khalilur Rahman, Syeda ......es are made absolute without any order as to costs. The respondents are accordingly directed to reinstate the petitioners in service.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 299.
......ioners having been stated with issuance of charge sheet dated 4-3-97 and the same having been continued up to 6-11-97 when the second show cause notice was issued and up to 19-11-97 when the order of dismissal was issued the period of 189 working days having elapsed meanwhile the proceeding is liabl..
Category: Employment/Service Law | Date: | Hits: 87
Monowara Begum Vs. Atiqullah, 1999, 28 CLC (HCD)
....for eviction of the opposite party No. 1 from shop room No. 9 in the 1st floor of the same holding. The opposite party No. 1 did not enter appearance in SCC Suit No.9 of 1994 and the same was decreed ex parte on 25-9-94. Thereafter the opposite party No. 1 filed an application for restoration of ...... eviction of the opposite party No. 1 from shop room No. 9 in the 1st floor of the same holding. The opposite party No. 1 did not enter appearance in SCC Suit No.9 of 1994 and the same was decreed ex parte on 25-9-94. Thereafter the opposite party No. 1 filed an application for restoration of the......rt, Dhaka is hereby set aside. The stay granted earlier by this Court is hereby vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (1999) 550...Category: Property Law | Date: | Hits: 57
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....thers 49 DLR 260; Uttara Bank vs. Macneil and Kilburn Ltd. and others, 33 DLR (AD) 298; Gouriet vs. Attorney General (1978 AC 435); White vs. Lincoln 1803, 8 Ves. Jun 363; Tarapore and Co. vs. Tractorexport, Moscow (AIR 1970 (SC) 891); Carlill vs. Carbolic Smoke Ball C (1893, 1 QB 256); Contax (Indi......intiff. As far as the defendant No. 1’s US$ 116321.98 is concerned, the same was meant to be handed over to the said defendant by the negotiating bank (defendant No. 2) itself, before the said bank parted with the remainder of the money. If the money in dispute had not fountained from the plaintif......ment of the technical fees. Citing section 56(k) of the Specific Relief Act he contended that the plaintiff’s lack of right and interest in the money is in itself enough for the appeal to end up in dismissal. He further argued that no injunction can lie without making Ely & Sidney Ltd. a party..Category: Civil Law | Date: | Hits: 164
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....RS Khatian Nos. 568 and 960 of Mouja No. 118, Faridpur Town, along with structures thereon which originally belonged to Narayan Chandra Tahbilder, predecessor in interest of defendant Nos. 4-9 to the extent of 1/3rd share, Bhupati Mohan Tahbilder, Reboti Mohan Tahbilder and Parbati Mohan Tahbilder, ......ing evidence and hearing the parties vide its judgment and decree dated 30-4-1986 decreed the suit in part in preliminary form on contest against the petitioner and opposite party Nos. 2 and 3 and ex parte against others without costs, and the trial Court found that the plaintiff opposite party No. ......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606...Category: Administrative Law | Date: | Hits: 210
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....ellant entered into a contract for purchase of the disputed property on 22nd December, 1970 with the owner Jalal Uddin Khan and made part payment out of the consideration money, but the owner did not execute the sale deed despite repeated demands in that regard. Consequently, the appellant institute......thereto the appellant instituted Title Suit No.408 of 1982 in the 4th Court of Subordinate Judge, Dhaka for declaration of title in respect of the suit property and ultimately the suit was decreed ex parte on 28th June, 1983. The government subsequently filed Miscellaneous Case No. 40 of 1986 for ......e learned Counsel is devoid of substance. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 01, 15 MLR (AD) (2010) 438. ..Category: Property Law | Date: | Hits: 65
Abdul Jalil Molla and others Vs. Mahtab Uddin Biswas, 2009, 38 CLC (AD)
....ts, claimed title in the suit-land, having an area of 1.66 acres of the lands in Plot Nos. 646, 601, 648 and 647 of Mouza Hizlakar, on the basis of a registered kabala Deed No. 6812 dated 12.10.1974, executed by one Indra Bhusan, the admitted original owner. But he was unable to produce the original......ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ......ge dismissed the Title Suit No.301 of 1976 and decreed the Title Suit No.11 of 1995. As such, the petitioners preferred two appeals. Title Appeal No. 248 of 2002 was filed in respect of the decree of dismissal in the Title Suit No. 301 of 1976 and the Title Appeal No. 249 of 2002 were filed in respe..Category: Property Law | Date: | Hits: 46
....ior Advocate of this Court was appointed as Chairman designate to call, hold and conduct the AGM for the aforesaid years. By that order the Company Court also directed the management of the Bank to extend all cooperation to the Chairman designate in the matter of holding the AGM. It further ap...... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971....... his function and as to how he should conduct himself. It further appears that in that letter it was also mentioned that after disposal of Company Matter No.2 of 2000 by this Court and also after the dismissal of leave petition by the Appellate Division a shareholder of the Bank filed Company Matter..
Category: Criminal Law | Date: | Hits: 60
.... plaintiff sanctioned loan of Tk. 9,56,000/- as project loan vide dated 16.01.1988 and Tk. 6,96,000/- as C.C. loan vide sanction letter dated 20.07.1988 and as per terms of agreement the defendants executed a registered mortgage deed etc. in favour of the plaintiff and as per agreement the said am......terms and conditions of the agreement the defendants failed to repay the outstanding dues to the plaintiff and hence the suit.
3. The court below on considering the documents decreed the suit ex parte vide preliminary decree dated 20.06.1999 and the final decree singed on 18.01.2001 and thereaf......t. Therefore the High Court Division rightly discharged the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 964.
..
Category: Civil Law | Date: | Hits: 96
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....618 of 2002. Judgment Md. Nuruzzaman J. - Instant Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No. Barebo/Raj/Prosha/Case-7/2001/3411 dated 10.12.2001 (Annexure-‘I’ to the writ petition) issued by the order of the Respondent No.2 under the signature o......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......memo no. Barebo/Reg/Prasha/Case-7/2001/3411 dated 10.12.2001 dismissed the Petitioner from his service arbitrarily and illegally violating the Provision 49(1) of the Regulation 1990. After receipt of dismissal order the Petitioner Preferred an appeal under Regulation 47 of the Regulation-1990 before..Category: Employment/Service Law | Date: | Hits: 104
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....hers, that the plaintiff has proved his title and possession in the suit land and that the suit land is not a vested or non-resident property and that the sale vide deed dated 28.10.1970 could not be executed or registered by Jadhunath Shil since he died in the year 1968 as has been proved by P.W.2 ......t entitled to challenge that order in failing to consider that the defendant mutated his name in respect of the suit land over which the plaintiff had acquired right and interest and that the said ex parte order adversely affected his interest in the suit land and therefore, the plaintiff had the lo......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ..Category: Property Law | Date: | Hits: 32
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....terest @ 18% and cost from the petitioner hereof being defendant in the suit. 3. The defendant filed written statement to resist the claim of the plaintiff but the suit was allowed to be decreed ex-parte on 03.06.2000 and subsequently on receipt of auction notice from Court, the said defendant ......est @ 18% and cost from the petitioner hereof being defendant in the suit. 3. The defendant filed written statement to resist the claim of the plaintiff but the suit was allowed to be decreed ex-parte on 03.06.2000 and subsequently on receipt of auction notice from Court, the said defendant fil......ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931...Category: Civil Law | Date: | Hits: 63
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
.... High Court Division (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Md. Torab Ali....................................Petitioner Vs. Bangladesh Textile Mills Corporation & another..........................Respondents Judgment January 2......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138....... Mustafa Kamal J.- In this Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh the respondents have been called upon to show cause as to why the order of dismissal form service as contained in Memo. No. SEC/DA/343/699/85/400 dated 20.7.86 (Annexure F) is..Category: Employment/Service Law | Date: | Hits: 73
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