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Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....he loan, the Bank filed Artha Rin Suit No.147 of 1993 in the Court of Subordinate Judge and Artha Rin Adalat, Sirajgonj against him for recovery of the loan amount with interest. The suit was decreed ex-parte for an amount of taka 2, 57,230.00 by the judgment and decree dated 20.10.1994. As the judg......loan, the Bank filed Artha Rin Suit No.147 of 1993 in the Court of Subordinate Judge and Artha Rin Adalat, Sirajgonj against him for recovery of the loan amount with interest. The suit was decreed ex-parte for an amount of taka 2, 57,230.00 by the judgment and decree dated 20.10.1994. As the judgmen......ion 32 of the Ain, 2003 deposited 25% of the decreetal amount and then while filing the appeal before the District Judge under section 41 thereof deposited 50% of the decreetal amount and again after dismissal of the miscellaneous appeal filed the revision application before the High Court Division ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
..../summons issued by the Court concerned. The concerned officers of the defendant-Bank, subsequently, on receipt of notice issued in Summary Suit No.16 of 2005 regarding payment of the decreetal amount examined the connected records and filed an application on 24.04.2006 under Order XXXVII, rule 4 of ......of 2005 regarding payment of the decreetal amount examined the connected records and filed an application on 24.04.2006 under Order XXXVII, rule 4 of the Code with the prayer for setting aside the ex-parte decree dated 15.01.2006 and to give chance to the defendant to defend the suit on merit. Subse...... the impugned judgment and order calling for interference by this Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 183. ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
.... Appeal No.51 of 2007. Judgment Surendra Kumar Sinha J. - Defendant is the appellant before us and he has challenged an order of the High Court Division allowing the plaintiffs prayer for examination of the disputed thumb impressions appearing in an unregistered deed of gift in exercise......an expert for the purpose of enabling the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. Though the High Court Division allowed the prayer ex parte, the defendant having challenged the said order in the appellate forum, we are of the view t......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....he government under section 7A of the Ordinance as amended in 1982. Therefore the appellant could not go to the Tribunal unless the Government took a decision in the matter which was evidently in the exercise of its revisional power under section 7A. The Administrative Appellate Tribunal was th......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......recovery of the misappropriated money from the salary of the petitioner. But respondent No.1 differed with the findings and decision of the inquiry officer and issued a provisional order of dismissal of the petitioner from service. Ultimately, respondent No.4 issued the order dated 01-10-2..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
.... challenging his dismissal order from the service of Bangladesh Biman Corporation vide letter No.DACGX/30/P-32735/2653/2003/29 dated 30.01.2002 issued under the signature of the respondent No.5 (annexure-Q to the writ petition) and obtained rule. 3. The case of the writ petitioner, in short, ......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......l. Though the caption of the application filed by the writ petitionerdid not state the word "appeal" but for all practical purposes this application was filed by way of appeal after the order of dismissal and that merely an omission to write the words "appeal" under regulation 59 could not make..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....bdus Sattar Chowdhury, claiming himself to be the owner of 8.70 acres of land of the aforesaid C.S. plot Nos.560/669 on the basis of Amalnama dated the 18th Sraban, 1350 B.S., alleged to have been executed by Satinath Bandapaddya filed Miscellaneous Case No.355 of 1968 impleading Peerzada Abdul ...... case as opposite party No.3 by order dated 16.08.1969. Meanwhile Circle Officer Revenue, after holding local enquiry, submitted his report on 07.07.1969. The miscellaneous case was taken up for ex-parte hearing and Abdus Sattar i.e. writ-respondent No.6 was examined and the Court, on the basis o......by the father of the respondent under Order XLVII, rule 1 read with section 114 of the Code for reviewing the order dated 01.08.1970, the miscellaneous case was restored vacating the said order of dismissal by order dated 22.08.1970 (correct dated is 29.8.1970) fixing 02.09.1970 for hearing the ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
H.B. Plastic Industry Vs. Hyundai High Tech Co. Ltd. and others, 2012, 41 CLC (HCD)
...., under Section 7ka of the Arbitration Act 2001, filed by the H.B. Plastic Industry against the Hyundai High Tech Co. Ltd. and others which has not been contested by the respondents and as such heard ex parte and now disposed off by this judgment. 2. The learned Advocate Mr. J.K. Paul, appearing ......nder Section 7ka of the Arbitration Act 2001, filed by the H.B. Plastic Industry against the Hyundai High Tech Co. Ltd. and others which has not been contested by the respondents and as such heard ex parte and now disposed off by this judgment. 2. The learned Advocate Mr. J.K. Paul, appearing on ......ifteen days from the submission of the certified copy of the instant judgment by the petitioner to their end. However, there shall be no order as to costs. Ed. This Case is also reported in: ..Category: Alternative Dispute Resolution | Date: 28 May, 2012 | Hits: 56
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....t defendant Nos.1-4 created a fraudulent and collusive deed of sale dated 28-2-1974 in respect of the SS Plot Nos.3428 and 3432 of the first schedule land. The said deed was alleged to have been executed by defendant No.6, Jamini Kumar Kar, through his alleged attorney Arun Chowdhury, Jamini Ku......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ......rd of right in respect of 4.20 acres of land of SS Plot No.3428 and 3432 and they have also paid rent therefore. The plaintiffs have got no right or title to the suit land' and as such prayed for dismissal of the suit. Defendant No.15 also filed a written statement denying the material statement..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
.... rule 6 read with rule 11 of the Rules, 1982. Sub-rule (7) of rule 6 has specifically dealt with the filing of application for restoration of an appeal dismissed for default or for setting aside an ex-parte order either by the Administrative Tribunal or by the Administrativ......le 6 read with rule 11 of the Rules, 1982. Sub-rule (7) of rule 6 has specifically dealt with the filing of application for restoration of an appeal dismissed for default or for setting aside an ex-parte order either by the Administrative Tribunal or by the Administrative&n......r book; it was not filed and the appeal was dismissed for such default. Thereafter, an application was filed by the present petitioners on 05.01.2009, after about 6(six) months of the said order of dismissal for restoration of the appeal. The application was registered as A.A.T. Miscellaneous Cas..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
....rs The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority under the Constitution has acted with the limit of its power or exceeded it or the power has been exercised without application of mind and mechanically or the orde......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamentary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ...... Ministry and before the President; what materials were placed or posted before the President or the Government in support of the prayer of pardon of the petitioner; whether any information as to the dismissal of the Criminal Appeal No.611 of 1989 and maintaining the conviction by the High Court D..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....ecovery of loan amounting to Tk. 5,20,932 impleading M/s. Nasima Enterprise and others as the defendants of the suit. The defendants did not contest the suit as a result of which the suit was decreed ex-parte in preliminary form by judgment and decree dated 14-06-2000. Final decree was drawn up on 2......very of loan amounting to Tk. 5,20,932 impleading M/s. Nasima Enterprise and others as the defendants of the suit. The defendants did not contest the suit as a result of which the suit was decreed ex-parte in preliminary form by judgment and decree dated 14-06-2000. Final decree was drawn up on 28-0......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....e Code of Civil Procedure, 1908 (Act No. V of 1908); Order XL, Rule 1 Appointment of receiver in a suit for partition It is not proper to appoint a receiver in a suit for partition. Mere existence of a dispute cannot be a ground whatsoever for appointment of a receiver. Receiver shoul...... consideration the findings arrived at by the trial Court in detail and came to a finding that appointment of receiver by the trial Court without hearing the other side was illegal and as such the ex-parte order could not sustain. The appellate Court also noted that the properties left behind by Mul......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)
.... major punishments and will not be ever considered for promotion for the said reason. It is stated that there are some Sub-Inspectors who were considered and were eventually given promotion to the next higher post despite having 3 or more black marks/major punishment. Under Regulation No.857 of th......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......rs who were considered and were eventually given promotion to the next higher post despite having 3 or more black marks/major punishment. Under Regulation No.857 of the PRB, major punishments include dismissal, removal from service, reduction, deprivation of approved service, increment, removal from..Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....mo No.প্রধান কার্যালয় পরিপত্র নং ৪১ আই টি এফ ডি/রপ্তানী/গার্মেন্টস/১০৭৮ dated 22-9-2010 (Annexure-F to the Writ Petition). 2. In the supplementary Rule Nisi dated 15-12-201 0, the petitio......ed through Court for not having legal force of law. Long before issuance of the Guidelines the Bank instituted Title Suit No.11 of 2010 against the petitioner and others and the suit was decreed ex-parte on 12-9-2001, final decree was drawn up on 13.4.2003 but the Company (the petitioner) did no...... The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.10 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
Anti-Corruption Commission Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)
....eople and a prima facie case has been made out against the accused opposite party No.1 and others. The learned Advocate has further submitted that when the matter is still pending it needs to be examined by the trial Court on examination of evidence, as such, at this stage the impugned order al......48(1)2011 is hereby quashed. The trial Court is directed to proceed with the said case immediately in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 444. ......amount of Taka 3 (three) crore per month for payment to its members and for day to day expenditure of the respondent No.1 company." 12. Thereafter on 3-8-2010 the Bangladesh Bank prayed for dismissal of the Civil petition for leave To appeal for non-prosecution and accordingly the Lea..Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
.... of land in his Khas possession. In abuse of PO (President's Order) 96 of 1972, some land of Nasir Uddin was made khas whereupon Nasir Uddin filed other Class Suit No. 469 of 1977 and obtained an ex-parte decree on 16-2-1980 and accordingly the forfeiture order was declared illegal. Soon af...... land in his Khas possession. In abuse of PO (President's Order) 96 of 1972, some land of Nasir Uddin was made khas whereupon Nasir Uddin filed other Class Suit No. 469 of 1977 and obtained an ex-parte decree on 16-2-1980 and accordingly the forfeiture order was declared illegal. Soon after......ly, the Appeal is allowed and the impugned judgment and order dated 21-4-2003 is hereby set aside. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 97. ..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Jamuna Builders Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ar, filed Miscellaneous Case No.455 of 2008 on 20-10-2008 under Order IX, rule 13 of the Code of Civil Procedure. Appeal was tendered on 7-1-2009. Defendant No.1 also obtained an order of stay of the execution proceedings on 20-10-2009. 3. In the application under Order IX, rule 13 of the Code ......eaded as proforma defendant but after amendment, government became necessary party, as such, we find that learned Judge committed no illegality in allowing the Miscellaneous Case and set-aside the ex-parte decree for fresh trial of Title Suit No. 11 of 2005. We find no substance in the rule. 8......e) year from the date of receive of this judgment. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 219. ..Category: Abandoned Properties Law, Property Law | Date: 5 Mar, 2012 | Hits: 18
....f Abul Kashem was included as a loan defaulter. But on the following day i.e. on 04.12.2008, the Uttara Bank sent to the CIB a letter stating that the information of the Database should be amended by excluding the name of M.A. Kashem as the guarantor of the said loan. Accordingly the CIB issued to t......on Petition No.08 of 2009 by the impugned judgment and order dated 15.12.2009 passed the following orders:
I. The case is allowed on contest against the appellant and respondent Nos. 8 and 9 and ex parte against the rest.
II. The election of the appellant, Md. Abul Kashem is declared to be void.
......gh Court Division is correct.
Accordingly the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 64 DLR (AD) (2012) 65; 32 BLD (AD) (2012) 127; 9 ADC (2012) 489.
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Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....6 (six) issues including one as to whether the decree in Title Suit No. 168 of 1991 is/was illegal, void and not binding upon the plaintiffs. In course of trial of the suit the plaintiff Nos. 1 and 2 examined themselves as witness Nos.1 and 2 for the plaintiffs respectively while the defendant ......n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ......suit land; in that suit the plaintiffs got themselves satisfied upon taking schedule Kha land in their favour which is a property of 2 Khata with tin shed structures, therefore, defendants prayed for dismissal of the suit. It is also disclosed in the written statement that the defendant No. 5 using ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of transfer by way of lease for a period exceedin......owed in part by the learned Additional District Judge, first Court, Sylhet in the following terms: "That the appeal be partly allowed on contest against the defendant-respondent No.1 and ex-parte against the rest without costs. The impugned judgment and decree passed by the learned Court b......bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
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