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Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....iting the arrival of the Cargoes at the Port of destination on receipt a letter dated September 21,1988 of M/s. Business International Limited, the local agent of the supplier and from a copy of Telex Message dated September 20,1988 of defendant No. 3 Platina Shipping Company Ltd., owner of the ......o why the ship M.V.CORINA defendant No. 1 should not be arrested and detained in the custody of the substitute Marshal of the Admiralty Court as a security for payment of the suit money and also ex-parte issued warrant of arrest of the defendant No. 1 M.V. CORINA. Consequently the Substitute Mar......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....ation of preliminary order on 30.3.87 itself, when they filed their written objection, because they had materials to prove on that very day that no such dispute as the 1st party—petitioners alleged exists or has existed and that there was no apprehension of breach of peace at all. 11. Mr. Abdul......or Elahi-Vs-Lala Bishambar Dass and another, 16 DLR(SC) 246 as follows:- "It has to be remembered that the preliminary order is not made after any exhaustive inquiry but is in most cases an ex parte order based either on the report of the police or upon the allegations contained in the appl......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..Category: Criminal Law | Date: | Hits: 32
....) 37; Secretary, Ministry of Finance vs. Masdar Hossain 52 DLR (AD) 82; Bangladesh Soya Protein Project Ltd. vs. Secretary, Ministry of Disaster Management and Relief 6 BLC 681; Chairman, Bangladesh Textile Mills Ltd. vs. Nasir Hossain Chowdhury 7 MLR (AD) 265 = 7 BLC (AD) 144; State vs. Chief Edito......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
......y non disclosure of the documents would in the circumstances far outweigh the injury which may possibly be caused by their disclosure, because the non-disclosure would almost inevitably result in the dismissal of the writ petitions and consequent denial of justice even though the claim of the writ p..
Category: Constitutional Law | Date: | Hits: 252
....d building and in the petition it is asserted that the said Mohammad Mohib during the war of liberation was very much present in Bangladesh. On 05.03.19783 Mohammad Mohib by a deed of conveyance Annexure-E and an affidavit Annexure-D enclosed therewith transferred the holding with two storied buil......haka & others......Respondents
Judgment
January 11, 2009.
Lawyers Involved:
M. I. Farooqui, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants.
Ex-parte-the Respondents.
Civil Appeal No. 446 of 2001.
(From the judgment and order dated the 8t......he above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 826.
..
Category: Property Law | Date: | Hits: 41
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
....or sale of his land and accordingly paid Tk. 3600.00 out of total consideration money of Tk. 4000.00 to Narayan Chandra and possession was handed over. Thereafter since the Narayan Chandra refused to execute the sale deed. Rabeya Khatun brought Title Suit No. 811 of 1969 in the name of her son-in-la......d. Rabeya Khatun brought Title Suit No. 811 of 1969 in the name of her son-in-law the defendant No.1, before the 1st Court of the then Munsif, Bagerhat for Specific Performance of Contract and got ex parte decree on 03.06.1969 and put the decree in Execution Case No. 9 of the 1971, but which could n......h Chandra was substituted as defendant and that suit having been decreed ex parte on 03.06.1969 and subsequently Execution Case No.9 of the 1971 was filed against said Ramesh Chandra which ended in dismissal for want of necessary affidavit and the plaintiff petitioners having been in continuous ..Category: Property Law | Date: | Hits: 33
....rations, namely, issue of adjudication orders as described in schedule-A to the plaint against the plaintiff are all illegal, improper and no legal effect, that the joint declaration dated 1‑8‑91 executed in between the plaintiff and defendant No. 2 was a mere working arrangement and lost its al......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......llate Division was of the view that this Division upon misconception of law and fact as to the cause of action, for the suit and its maintainability in its present form upheld the appellate decree of dismissal of the suit.
17. In Alokeshi Banik Vs. Aftabuddin 13 DLR 871, regarding amendment of a ..
Category: Procedural Law | Date: | Hits: 60
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
....ction 5(2) of Prevention of Corruption Act (Act II of 1947) hereinafter referred to as the Act. Mr. Abdul Hakim, an Officer of the Bureau of Anti-Corruption, investigated the case, seized alamats and examined the witnesses. Thereafter, the informant himself took up the matter and after obtaining san......d opposite parties committed offence punishable under sections 417/420/467/471/109 of the Penal Code and section 5(2) of Act II of 1947 by forging and fabricating papers that resulted in obtaining ex parte decree from the Court by suppressing the summons. The learned Advocate then refers to Section ...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ..Category: Criminal Law | Date: | Hits: 29
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....25-7-200 1 said Kabir Chowdhury and two others made an application under Order XXXIX rules 1 and 2 of the Code in their partition suit for temporary injunction for restraining said decree holder from executing the decree for possession. On 9-9-2001 the application was heard and rejected on contest. ......lication as after final disposal of the revision application. 12. In Abdus Sattar Khondaker Vs. Premlata a single Bench of this Division confirmed an order of the trial Court which set aside an ex parte decree obtained against dead persons by suppressing summons upon the view. “there are aut......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
....ivision making the Rule absolute-issued in Writ Petition No.705 of 1998. 2. The writ petitioner challenged the memo dated 16.07.1996 and the office memo No.390/21-Part/XI/JENG dated 06.10.1997 (Annexures-A and H respectively to the writ petition), which are stated to be the order dismissing the p...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ......he day he was dismissed from service arbitrarily on 16.07.1996 by the Battalion Commander, 39 Rifles Battalion, stationed at Teknaf, Cox's Bazar, and that the petitioner being a Havilder the order of dismissal passed by the Battalion Commander, who being an officer in the rank of Lieutenant Colonel,..Category: Employment/Service Law | Date: | Hits: 80
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....sal & ors. Vs. Nurul Islam Miah, 39 DLR 167, the Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 29 DLR (S.C.) 39, the State vs. Abdul Awal, 35 DLR 151, the Senior Manager, Dosta Textile Mills Ltd. Ranirhat, Feni and another Vs. Sudhansu Bikash Nath, B.C.R. 1987 (AD) 454. Lawy......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......termination orders were without jurisdiction and void, as the order had been passed not by defendant No. 3 who was their appointing authority but by a subordinate authority and such punitive order of dismissal had been passed without any show cause notice. 3. All the first 4 defendants of both th..Category: Employment/Service Law | Date: | Hits: 76
Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)
....ut of an order of the learned Munsif, Cox's Bazar dismissing the Miscellaneous Case No. 81 of 1983 filed under Order 9, Rule 13 of the Code of Civil Procedure by the petitioner for setting aside an ex parte order dated 10.4.1982 made in the Miscellaneous case No. 342 filed under section 96 of the ......of an order of the learned Munsif, Cox's Bazar dismissing the Miscellaneous Case No. 81 of 1983 filed under Order 9, Rule 13 of the Code of Civil Procedure by the petitioner for setting aside an ex parte order dated 10.4.1982 made in the Miscellaneous case No. 342 filed under section 96 of the Sta...... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84...Category: Property Law | Date: | Hits: 29
Md. Nurul Islam Vs. Artho Rin Adalat and others, 2010, 39 CLC (AD)
.... order dated 02.08.2009, passed by the High Court Division, in rejecting the Writ Petition No. 4758 of 2009 summarily. 2. The facts of the case, in brief, are that the respondent No. 2 obtained an ex-parte decree in the Mortgage Suit No. 4 of 2001 in the Court of Artho Rin Adalat, Gazipur, agains......der dated 02.08.2009, passed by the High Court Division, in rejecting the Writ Petition No. 4758 of 2009 summarily. 2. The facts of the case, in brief, are that the respondent No. 2 obtained an ex-parte decree in the Mortgage Suit No. 4 of 2001 in the Court of Artho Rin Adalat, Gazipur, against t......he circumstances, we find no substance in the submission of the learned Advocate for the petitioner. As such, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 642...Category: Civil Law | Date: | Hits: 115
Government of Bangladesh and others Vs. Md. Alauddin, 2010, 39 CLC (AD)
....of compulsory retirement as illegal. Under such circumstances, this petition does not merit consideration and is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 641.......of compulsory retirement as illegal. Under such circumstances, this petition does not merit consideration and is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 641.......0.02.2009 passed by the Administrative Appellate Tribunal in Appellate Tribunal Appeal No. 69 of 2005) Judgment ABM Khairul Haque J. - This is a petition for leave to appeal in respect of the dismissal of appeal passed by the Administrative Appellate Tribunal, Dhaka in Appellate Tribunal App..Category: Administrative Law | Date: | Hits: 201
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....nd filed a written statement but did not ultimately turn up to contest the suit. 4. The learned Subordinate Judge heard the matter and by his judgment and decree dated 20-3-1998 dismissed the suit ex parte. 5. Feeling aggrieved, plaintiff filed Title Appeal No. 192 of 1993 which appeal was hea......filed a written statement but did not ultimately turn up to contest the suit. 4. The learned Subordinate Judge heard the matter and by his judgment and decree dated 20-3-1998 dismissed the suit ex parte. 5. Feeling aggrieved, plaintiff filed Title Appeal No. 192 of 1993 which appeal was heard ......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416...Category: Procedural Law | Date: | Hits: 83
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....r Suit No. 87 of 79 was dismissed on contest. 2. No one appears to support the Rules. 3. These Rules have been pending for disposal for over 16 years and all further proceedings of the relevant execution cases have remained stayed over a decade. I am, therefore, inclined to take up these Rules......ised sale deed, following which the petitioner filed Title Suit No. 24 of 1971 in the 1st Court of Subordinate Judge, Chittagong for specific performance of the contract and ultimately obtained an ex parte decree therein and got a kabala in respect of the suit property executed and registered throug......peals before the District Judge, Chittagong being Other Appeal Nos. 2 of 86 and 3 of 86. It may be mentioned here in this connection that the present petitioners did not prefer any appeal against the dismissal of their Other Suit No. 87 of 1979, as the result of which the decision of Miscellaneous C..Category: Civil Law | Date: | Hits: 69
Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)
....order of the High Court Division dated 7-12-83. 2. The opposite parties as plaintiffs instituted Title Suit No. 545/76 in the Court of Subordinate Judge for declaration of title, which was decreed ex parte on 29-9-80 and the present petitioner on 11-11-80 filed an application under Order IX rule ......er of the High Court Division dated 7-12-83. 2. The opposite parties as plaintiffs instituted Title Suit No. 545/76 in the Court of Subordinate Judge for declaration of title, which was decreed ex parte on 29-9-80 and the present petitioner on 11-11-80 filed an application under Order IX rule 13.......d of by the learned Additional District Judge by the impugned judgment and order finding that the appeal is not maintainable for inasmuch as the learned Subordinate Judge merely recorded the order of dismissal after the expiry of two months as prescribed in the judgment of the High Court Division. I..Category: Procedural Law | Date: | Hits: 62
....passed by a Division Bench of the High Court Division in Writ Petition No.1911 of 2004 making the Rule absolute. The writ petition was filed impugning the Memo. No.998(8) dated September 16, 2003 (Annexure-K to the writ petition) of the office of the Inspector of Schools, Secondary and Higher Second......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 497.......absence of approval by the Appeal and Arbitration Committee, the Managing Committee of the School as per provision of Regulations 11 and 12 has power to impose penalty in other case except removal or dismissal from service, that the Board has supervisory power over the function of the Managing Commi..
Category: Employment/Service Law | Date: | Hits: 133
Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)
....nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......s of the Bank, but the same was rejected on 02.11.2004 and hence the respondent filed the A.T. Case No.2 of 2005 before the Administrative Tribunal, Khulna praying for a declaration that the order of dismissal dated 15.03.2004 and rejection order of departmental appeal dated 03.11.2004 passed by the..Category: Administrative Law | Date: | Hits: 258
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....as the impugned judgment of the Appellate Tribunal and the judgment and order of the Tribunal and considered the submissions made by the learned Advocate appearing for the leave petitioner and the Annexures to the leave petition. 7. It appears that the petitioner himself admitted that he committe......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474....... retired with benefits. 2. The leave petitioner filed Administrative Tribunal Case No.18 of 2003 before the Administrative Tribunal, Dhaka, hereinafter referred to as the Tribunal, challenging his dismissal vide order dated 07.08.2002 on the basis of the departmental inquiry following the provisi..Category: Administrative Law | Date: | Hits: 192
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....e Rules but with a mala fide intention they have not forwarded the evidence though in the forwarding letter which was sent to the applicant and that was done with the ill motive of disposing the case ex parte so that they cannot file the evidence within the statutory period of two months. 4. The ......ules but with a mala fide intention they have not forwarded the evidence though in the forwarding letter which was sent to the applicant and that was done with the ill motive of disposing the case ex parte so that they cannot file the evidence within the statutory period of two months. 4. The Reg...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...Category: Intellectual Property Law | Date: | Hits: 181
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