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Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
....amil....................................Petitioner Vs. Amjad Ali Khan and another .................Opposite Parties Judgment January 21, 2004. Case Referred To- Dhaka Leather Complex vs. Sikder Construction Limited, 55 DLR 578. Lawyers Involved: AB Siddique-For the Petitio......ection to the award, copy of which was received with objection by the plaintiff. The Court, however, rejected the prayer as the objection could not be filed within time and fixed 24‑9‑2001 for ex parte hearing. On 24‑9‑2001 the petitioner filed his objection to the award. 6. The petitione...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ..Category: Alternative Dispute Resolution | Date: | Hits: 161
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
.... = 40 DLR (AD) 20. It is true that rule 8 of Order XXXIX of the Code requires a notice to be served upon the other side before any order is passed under rule 7. But the rule does not appear to be inflexible. In an appropriate case where delay may defeat the whole purpose of the order, Court may pass......side before any order is passed under rule 7. But the rule does not appear to be inflexible. In an appropriate case where delay may defeat the whole purpose of the order, Court may pass such order ex parte. Of course, no hard and fast rule could be prescribed for that. In the decision, the Appellate......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....and a Senior Advocate of this Court was appointed as Chairman designate to call, bold and conduct the AGM for the aforesaid years. By that order this court also directed the management of the Bank to extend all co‑operation to the Chairman designate in the matter of holding the AGM. It further app......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73.......to Appeal No. 1049 of 2002 before the Appellate Division and the Appellate Division by their judgment and order dated 22‑4‑03 dismissed the aforesaid Civil Petition for Leave to Appeal. After the dismissal of the aforesaid leave petition, the present petitioner filed an application before this C..Category: Banking Law | Date: | Hits: 158
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....e Bank's Staff Service Rules of 1965 it should be treated as an order under rule 13 of Uttara Bank Service Regulation 1981. This is because when the power of termination by the petitioner bank was in existence in the rule of 1981, on 19.09.1981, a wrong quoting of the rule as rules of 1965 will not ......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......of the proposition that a person does not cease to be a worker merely on his designation but it depends on the nature of the job whether he is a worker or not and that a suit for declaration that the dismissal was illegal without asking for consequential relief for enforcing the declaratory decree a..Category: Employment/Service Law | Date: | Hits: 95
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....ntract. His case is that opposite party No. 2 entered into a contract with him for sale of 3.315 acres of land at a consideration of Taka 2,37,000 and on receipt of Taka 2,00,000 opposite party No. 2 executed a Bainapatra on 12-6-1995. As the opposite party No, 2 avoided to receive the balance and e......omestead on the land. Having come to know that the alleged vendor opposite party No. 2 migrated to India long ago and died the petitioner instituted the suit and if a decree is obtained, naturally ex parte, in such suit it will be very difficult for opposite party No. 1 to protect his possession in ......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ..Category: Property Law | Date: | Hits: 31
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....y shop, commercial establishment or industrial establishment to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include any such person. (i) who is employed mainly in a manag......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......o an industrial dispute includes a person who has been dismissed, discharged, retrenched, laid off or otherwise removed from employment in connection with or as a consequence of that dispute or whose dismissal, discharge, retrenchment, layoff or removal has led to that dispute, but does not include ..Category: Labour and Industrial Law | Date: | Hits: 99
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....afazzul Islam J. - This Rule is direct against the judgment and order dated 31-3-93 passed by the learned Subordinate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Case No. 93 of 1992 by which the ex parte decree passed on 16-3-93 in the said suit, was set aside. 2. The petitioner, as plaintif......zzul Islam J. - This Rule is direct against the judgment and order dated 31-3-93 passed by the learned Subordinate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Case No. 93 of 1992 by which the ex parte decree passed on 16-3-93 in the said suit, was set aside. 2. The petitioner, as plaintiff, ...... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340...Category: Civil Law | Date: | Hits: 93
....ates, 9 Wheaton 738 1824 866, Liyange-V-R, 1967 1AC, 259, Hinds-v- R, 1977 AC 195, Ali –V- R, 1892, ALL E R 1, Harris-v-Ministry of Interior, 1952 (2) SA 428, R-v- Secretary of State for Transport, ex-parte Factortame, 1989 AC 603, Keshawar-v-Bombey, AIR 1951 SC 128, Behran-v-Bombey, AIR 1955 SC 1......s, 9 Wheaton 738 1824 866, Liyange-V-R, 1967 1AC, 259, Hinds-v- R, 1977 AC 195, Ali –V- R, 1892, ALL E R 1, Harris-v-Ministry of Interior, 1952 (2) SA 428, R-v- Secretary of State for Transport, ex-parte Factortame, 1989 AC 603, Keshawar-v-Bombey, AIR 1951 SC 128, Behran-v-Bombey, AIR 1955 SC 123,......he certificate asked for, which is hereby issued.
There is however, no Order as to cost.
Sheikh Md. Zakir Hossain J.- I agree.
Ed.
This Case is also Reported in: 63 DLR (2011) 565.
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Category: Constitutional Law | Date: | Hits: 482
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
....er section 115 of the Code of Civil Procedure against judgment and order dated 28-11-99 passed by the Subordinate Judge, 2nd Court at Noakhali in Miscellaneous Case No. 21 of 1998 which set aside the ex pare order dated 16-4-98 allowing preemption. 2. On 2-9-96 the petitioners made an application......scellaneous Case No.18 of 1996 in the Court of Subordinate Judge, Second Court at Noakhali against opposite party No.1 preemption (purchaser) and others for preemption. The application was allowed ex parte on 16-4-98. 3. On 28-9-98 Umme Kulsum, as wife of the pre-emptee, made an application on hi......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ..Category: Limitation Law | Date: | Hits: 175
.... affected candidate elects to prefer an election petiÂtion to the Tribunal. The High Court Division ought not to have pre-judged the issue under Article 102 of the Constitution and ought not to have expressed any opinion on the issue. It ought to have rejected the writ petition in limine on the gro...... rejection of nomination paper set aside in accordance with law, are of no consequence.
The leave petition is accordingly dismissed.
Ed.
This Case is also Reported In: 62 DLR (AD) (2010) 425.......t Division relied on the case of AKM Mayeedul Islam Vs. Bangladesh Election Commission reported in 48 DLR (AD) 208 in holding that the writ petition directed against rejection of nomination paper and dismissal of the appeal by the Election Commission against such order is not maintainable. In that j..
Category: Election Law | Date: | Hits: 127
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
..... Short facts leading to the case are that, the appellants as plaintiffs instituted a suit in the Court of the Subordinate Judge, Barguna being Title Suit No.18 of 1987, praying for setting aside the ex parte decree dated 6-7-78 passed in Title Suit No.116 of 1977. It was contended by the plaintiffs......hort facts leading to the case are that, the appellants as plaintiffs instituted a suit in the Court of the Subordinate Judge, Barguna being Title Suit No.18 of 1987, praying for setting aside the ex parte decree dated 6-7-78 passed in Title Suit No.116 of 1977. It was contended by the plaintiffs of......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206...Category: Procedural Law | Date: | Hits: 81
Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)
....he said company and also stay of further proceeding of the aforesaid Title Suit No. 30 of 2000. This Court in Trade Mark Application No. 1 of 2001 initially passed a limited stay order which had been extended from time to time and it remained in force up to 11-9-2001. It is stated that due to miscal......case it appears that the contemner taking the advantage of not getting the stay extended by the petitioner in time hurriedly took up the cases for hearing and passed the said order dated 16-9-2001 ex parte which has made the Trade Mark Application No.1 of 2001 pending before the Court infructuous an...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ..Category: Intellectual Property Law | Date: | Hits: 181
Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)
....f 1988 and 11 and 12 of 1990 respectively should not be set aside. 3. In Civil Revision No. 1127 of 1993 the petitioner filed Money Suit No.2 of 1985 against the opposite parties which was decreed ex parte on 25-11-87 and then on 17-9-88 the petitioner filed Money Execution Case No.5 of 1988 and ......988 and 11 and 12 of 1990 respectively should not be set aside. 3. In Civil Revision No. 1127 of 1993 the petitioner filed Money Suit No.2 of 1985 against the opposite parties which was decreed ex parte on 25-11-87 and then on 17-9-88 the petitioner filed Money Execution Case No.5 of 1988 and in ......ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217...Category: Civil Law | Date: | Hits: 82
Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)
....”For the Respondent. Writ Petition No. 1540 of 1988. Judgment MM Ruhul Amin J. - This Rule was issued calling upon the respondent No. 1 to show cause as to why the order dated 31-8-1988 (Annexure ‘E’) passed by the respondent No. 1 dismissing the Case No. 955 of 1987 for default should......s in possession of the house. The petitioner ultimately brought Title Suit No. 9 of 1985 in the First Court of Munsif, Dhaka for a decree for specific performance of contract. The suit was decreed ex parte by judgment dated 19-4-1985. The petitioner then got the kabala executed and registered throug......ney-General appearing for the respondent, frankly concedes to this legal position and further submits that in case of Bangladesh Vs. Feroz Ahmed and others reported in 1 BLC (AD) 149 it was held that dismissal of the case ex parte by the Court of Settlement was illegal. Accordingly, the appeal was a..Category: Property Law | Date: | Hits: 37
....f the said order on 20-4-99 possession was made over to the petitioner.
7. It appears from judgment of the Magistrate dated 24-5-98 passed in Case No.8M/91 that the first party opposite party No.1 examined 6 witnesses including himself in support of his claim that he was in possession of the disp...... this order. Communicate the order to the Courts below.
The application for vacating the order of stay is disposed of accordingly.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 176.
......n, witness No.3 Munsur Hossain, witness No. 4 Habibur Rahman and witness No. 5 Anisur Rahman.
10. It has already been noticed that petitioner was in possession from 6-6-91 upto some time after the dismissal of Criminal Petition for Special Leave a of Appeal No. 96 of 1998 on 4-6-98 on the basis o..
Category: Criminal Law | Date: | Hits: 32
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....e plaint taking stand that the defendant-tenants were defaulters in payment of rent. The defendant-tenants did not contest the suit in spite of the service of notice upon them. The suit was dismissed ex parte against the defendant-tenants. Plaintiffs of the said suit (petitioners) put the decree int......laint taking stand that the defendant-tenants were defaulters in payment of rent. The defendant-tenants did not contest the suit in spite of the service of notice upon them. The suit was dismissed ex parte against the defendant-tenants. Plaintiffs of the said suit (petitioners) put the decree into e......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172...Category: Civil Law | Date: | Hits: 66
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....on. PW 1 has stated that they are in possession of the suit land by inheritance. There are houses owned and possessed by the plaintiff. There are 5 houses of Firoz in the suit land. PW 2 in his cross-examination stated that there is no part of the suit land and there are 5 houses therein. PW 3 also ......ndants failed to prove their possession in the suit land and, as such, he found that the SA and RS khatian are wrong. Accordingly, he decreed the suit on contest against the defendant Nos. 1-5 and ex parte against the rest and declared the title of the plaintiff over the suit land and also declared ...... of the suit land. As per possession RS khatian has been published in the name of two brothers with regard to the suit land. The SA and RS records were right and correct and the defendants prayed for dismissal of the suit. 4. The learned Senior Assistant Judge framed necessary issues and disposed..Category: Property Law | Date: | Hits: 23
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....disputed plot No.70 of mouza Padhua and such assertion was not made in written statement and in spite of the fact that Jamina Khatoon the vendor of the plaintiff herself appeared before the Court and examined as PW 2 and denied the execution of the so-called kabala dated 21-4-1969 and in that view o......ored. The order of status quo in respect of the possession granted earlier by this Court is vacated. Send down the lower Court records. Ed. This Case is also Reported in: 54 DLR (2002) 196.......he defendants who sold her entire interest much earlier to the father of defendants on 21-4-1969. By alleged purchase the plaintiff did not acquire title or possession in the suit land and prayed for dismissal of the suit. 5. The learned Assistant Judge considering the evidences both oral and doc..Category: Property Law | Date: | Hits: 33
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....e Tribunal No. II. Issues were framed on 11.2.84. The appellant was also permitted to amend certain portions of his reply dated 25.8.83. 3. In the inquiry before the said Tribunal, the complainant examined himself as P.W.1 He also exÂamined Mr. Sk. Nowsher Ali his immediate predecesÂsor Distric......inate Judge, Mymenshingh, Money Suit No. 3A/79 against one Kafiluddin Islami for recovery of a loan of Tk. 50,000/- which was obÂtained by Kafiluddin in 1975. The appellant obtained on 22.6.79 an ex parte order of attachment before judgment of the property mortgaged in the suit. Such properties wer......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ..Category: Others | Date: | Hits: 72
....spect of the suit land, contending inter alia that the defendant entered into a contract for sale of the suit land at a consideration of Tk.75,000/- and on receipt of an advance amount of Tk.50,000/- executed a deed of contract on 11th December, 1996 on condition that the defendant would execute and...... ultimately he refused to execute the sale deed.
3. The summons of the suit was served upon the defendant, but he did not turn up and ultimately the learned Assistant judge took up the suit for ex parte hearing on 15th May, 2000. The learned Assistant Judge recorded the evidence of the plaintiff ......d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
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Category: Procedural Law | Date: | Hits: 68
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