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....ct, 1940) to make opposite party No. 2’s award dated 19-9-1998 the Rule of the Court.
2. Short facts relevant for the purpose of disposal of this Rule are, that an agreement dated 12-11-1997 was executed between Rajdhani Unnayan Kartripakkha (RAJUK) and MN Alam and Associates Limited for conduc......ear and file their written objection. The defendant-petitioner neither appeared before this Sole Arbitrator nor filed any written objection. However, at last on 16-8-98 when the date was fixed for ex parte hearing two officers of the defendant-petitioner appeared before the learned Sole Arbitrator a...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161...
Category: Alternative Dispute Resolution | Date: | Hits: 196
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
.... 254/2001 in the Court of Joint District Judge, and Artha Rin Adalat No. 1 Dhaka against M Tariqullah Sikder as defendant for realisation of loan money from him with interest. Said suit was decreed ex parte on 18-4-2002 by Artha Rin Adalat No. 1 as above. M Tariqullah as plaintiff filed separately......4/2001 in the Court of Joint District Judge, and Artha Rin Adalat No. 1 Dhaka against M Tariqullah Sikder as defendant for realisation of loan money from him with interest. Said suit was decreed ex parte on 18-4-2002 by Artha Rin Adalat No. 1 as above. M Tariqullah as plaintiff filed separately TS......-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ..Category: Civil Law | Date: | Hits: 92
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
.... the assailants, seized a percussion cap of revolver having mark of pin as alamat from the place of occurrence under a seizure list and prepared a sketch map of the place of occurrence with an index. Then he went to Dhaka Medical College Hospital, saw injured Rasel Bhuiyan, met with Azahar Ali B......d, who threatened him pointing firearms. They could not resist the accused persons as the firearm of Azahar Bhuiyan was not with them. The accused persons being sure about the death of the deceased departed through the north gate boarding on a babytaxi. Then he, Azahar Bhuiyan and Sharif carried Ras......nd sentenced the accused persons and there is no ground for interference with the judgment and order. Thus the learned Deputy Attorney-General recommends confirmation of the sentence of death and dismissal of the appeals. 35. Mr. Khurshid Alam Khan, the learned Advocate appearing on behalf ..Category: Criminal Law | Date: | Hits: 40
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....of 1997. Judgment Tariq-ul-Hakim J.- Rules Nisi were issued calling upon the respondents to show cause as to why the impugned judgment and orders dated 13-21996 and 12-11-1995 vide Annexure-B of the Writ Petition passed by the respondent No. 1, First Court of Settlement in Case No. 2...... petitioner, he was constrained to institute Title Suit No. 1110 of 1991 in the 4th Court of the Subordinate Judge, Dhaka for specific performance of contract. The said suit was ultimately decreed ex parte on 15-8-1983 and a sale deed was executed and registered through the court on 17-11-1983. The ......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..Category: Property Law | Date: | Hits: 39
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....f the decretal amount within the prescribed period of time the decree-holder Bank initiated Money Execution Case No. 26 of 2002. Meanwhile, due to promulgation of Artha Rin Adalat Ain, 2003 the money execution case was shown transferred under section 60(3) of the Ain by the learned Joint District Ju...... Judge, 1st Commercial Court and Artha Rin Adalat, Dhaka impleading three defendants including the petitioner as defendant No. 2 for a claim of Taka 14,98,041. Ultimately, the suit was decreed ex parte against all the defendants including the petitioner on 14-1-1999. Subsequently, the defendants...... taking steps by the decree holder-Bank. Subsequently, by filing an application under section 151 of the Code of Civil Procedure on 3-2-03 the decree holder-Bank prayed for setting aside the order of dismissal. The said Bank again by filing a separate application on 8-7-03 sought for issuance of cer..Category: Constitutional Law | Date: | Hits: 168
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
.... Writ Petition No. 3316 of 2004. Judgment Nazmun Ara Sultana J.- This Rule Nisi was issued calling upon the respondent to show cause as to why the judgment and order dated 29-5-2004 (Annexure-G) passed by the Chairman, 2nd Labour Court, Chittagong in RO Case No. 19 of 2003 directing ......ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. ......ubmitted written statement. The material defence case of this petitioner in the Labour Court was that the charge of misconduct having been proved against the respondent No. 2 he was punishable with dismissal, but the authority, taking lenient view of the matter, punished him less severely as per p..Category: Labour and Industrial Law | Date: | Hits: 114
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....fazzul Islam J.- This Rule is directed 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......zul Islam J.- This Rule is directed 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, ......ost 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) 144. ..Category: Procedural Law | Date: | Hits: 67
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
..... 11. On the above reasons, no illegality causing failure of justice having been committed by the appellate Court the impugned judgment and decree do not warrant interference by this court in exercising revisional jurisdiction under section 115(1) of the Code of Civil Procedure. 12.......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546.......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546...Category: Criminal Law | Date: | Hits: 29
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
.... section 26 of the Bankruptcy Act, 1997 without considering that after passing of decrees against the petitioner and other guarantor mortgagor in the concerned Suits filed by the Artha Rin Adalat and execution proceedings against the same being pending bankruptcy proceeding for realisation of the de......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......nd Daily Inqilab. Thereafter on 19-7-98 Court fixed 26-7-9 for hearing about the plaint. Thereafter on 26-7-98 petitioner filed an application under section 28 of the Bankruptcy Act, 1997 praying for dismissal of the plaint. Court also directed the petitioner to produce books of accounts of his busi..Category: Civil Law | Date: | Hits: 78
....t provisions for disciplinary proceeding for punishment in Part-III in Regulations 44-46 and termination simpliciter under Regulation 13(ii) of the Regulations and the impugned order dated 30.10.2003 ex-facie showing 'dismissal' and having been passed by a Joint Manager who was not competent to pass...... instead of resorting to the shortcut provision of rule 13(ii) of the Regulations, 2003.
Accordingly, the petitions are disposed of.
Ed.
This Case is also Reported in: VII ADC (2010) 799. ......isciplinary proceeding for punishment in Part-III in Regulations 44-46 and termination simpliciter under Regulation 13(ii) of the Regulations and the impugned order dated 30.10.2003 ex-facie showing 'dismissal' and having been passed by a Joint Manager who was not competent to pass the order, the im..
Category: Administrative Law | Date: | Hits: 215
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....t the said application was rejected; that the defendant did not add the plaintiff's predecessor Mozaffar as a party in Other Suit No.81 of 1982; that the plaintiff further stated that they obtained ex-parte decree on 21.07.1985; that on 07.08.1991 the plaintiff got decree for specific performance ......he said application was rejected; that the defendant did not add the plaintiff's predecessor Mozaffar as a party in Other Suit No.81 of 1982; that the plaintiff further stated that they obtained ex-parte decree on 21.07.1985; that on 07.08.1991 the plaintiff got decree for specific performance of ......ellate Court is directed to dispose of the appeal in accordance with law. This appeal is accordingly, allowed without any order as costs. Ed. This Case is also Reported in: VII ADC (2010) 794...Category: Property Law | Date: | Hits: 37
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....ondemned Prisoner-Appellant Vs. State…………………………………………………………. Respondent Judgment November 28, 2006. Cases Referred To- Dr. Jainand vs. Rex, AIR (36) 1949 Allahabad 291; SM Qamruzzaman vs. State 33 DLR 156; Balaka Singh vs. State of Punj......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505....... record to show that Uzzal was a member of the BNP or that he took any part in the demolition of the Bangabandhu Club House. He therefore, prayed for confirmation of the sentence of death and for the dismissal of the appeals. 10. Mr. Abdul Malek and Mr. SM Shahjahan, appeared with Mr. AM Mah..Category: Criminal Law | Date: | Hits: 35
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....t Petition No. 2826 of 2003. Judgment Mir Hashmat Ali J.- This Rule was issued calling upon the respondents to show cause as to why Memo No. 115 (AP)/DA/2003 (Angsha)/385(1) dated 12-3-2003 (Annexure-F) issued under the signature of the Deputy Director, Directorate of Government Accommodatio...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480.......f Dhaka praying for a declaration and for permanent injunction and after hearing the trial Court dismissed the Said suit. 9. The learned Advocate further submits that against the said order of dismissal the petitioner and others preferred Title Appeal No. 89. of 1984 before the Court of Distr..Category: Property Law | Date: | Hits: 34
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....5 in the 3rd Court of Sub-Judge, Dhaka on 16-6-95 seeking a declaration of their lease-hold rights in the disputed shops, and that the defendant-petitioner had no right to evict them from their shops except through due process of law. The plaintiffs-opposite parties also filed an application under O......s informed by the way of petitioner praying adjournment on the next date of hearing of the Arbitration case on 23-5-98 but the learned Arbitrator rejected the petition, took up the proceedings for ex parte hearing and ultimately, on 30-5-98 passed and signed the Award for Taka 24,00,000 which could ......the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ..Category: Civil Law | Date: | Hits: 77
....
2. The plaintiffs, Hamida Real Estate Ltd. and Nasrul Hamid filed Title Suit No. 407 of 2005 in the First Court of Joint District Judge, Dhaka for cancellation of Power of Attorney dated 10-8-2005 executed by the defendant No. 1, Malika Hasina Jahan (Lili), as void, illegal, inoperative and not b...... 21 of 2006 is set aside and the opposite party No. 1 is at liberty to file revisional application in the relevant court if so desires.
Ed.
This Case is also Reported in: 59 DLR (2007) 470.
......ing of the application on 132-2006 filed by the plaintiffs-petitioners for vacating or reversing the order of stay.
16. The plaintiffs-petitioners filed another application on 1-2-2006 for dismissal of the Civil Revision on the ground of maintainability stating amongst others, that the le..
Category: Property Law | Date: | Hits: 34
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....lac. The informant prayed for taking necessary action against the accused persons. 3. The police commenced investigation through SI Gunendra Dev who visited the place of occurrence, seized alamat, examined the witnesses and recorded their statement under section 161 of the Code of Criminal Proced......ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433....... as such, the same cannot be a ground for setting aside the entire judgment of conviction of the convict/appellants which is otherwise good and lawful. The learned Deputy Attorney-General pressed for dismissal of the Appeal. 20. We have heard the learned Advocate appearing on behalf of the conv..Category: Criminal Law | Date: | Hits: 30
Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)
....e the son Barek lived in Dhaka after initially living in an orphanage, the defendant No. 2 was given in marriage to the defendant No. 1 It is the plaintiff's case that the defendant No. 1 was able to execute and register a Kabala on 5-1-1991 on a false plea without the plaintiff's prior knowledge. T....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......e attesting witnesses and identifier were the close relatives to the plaintiff and that she filed the suit on ill advice to deprive him of his purchased property. 4. Aggrieved by the trial Court's dismissal of the suit, the plaintiff preferred Title Appeal No. 25 of 2002 that was allowed along wi..Category: Property Law | Date: | Hits: 32
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
.... 1982 to December, 1989 and interest on this amount at the rate of 12% which the defendant No. I is liable to pay within a period as per direction of the Court; and d. the plaintiff is directed to execute and register a kabala in favour of defendant No. 1 without any consideration within 15 days ......urt fixed 8-9-1990 for order on the award. But on an application dated 3-9-1990 of the plaintiff, the Court fixed 4-9-1990 for order on the award, and on 4-9-1990 the Court pronounced the judgment ex parte i.e. in the absence of the appellant, whereupon the decree followed. It appears from the recor......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...Category: Property Law | Date: | Hits: 31
M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)
....e appellant purchased a fishing trawler under the name 'F.V. Dilshad-Al-Hossain' on 26th October, 1993 from Bangladesh Shilpa Rin Sangstha (BSRS) "as is where it is" basis. The licence of the trawler expired in 1989 and accordingly the authority informed the concerned Ministry intimating that the ap......……………….Respondents Judgments July 19, 2010. Lawyers Involved: Moinul Hossein, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Appellant. Ex-parte- the Respondents. Civil Appeal No.195 of 2004. (From the judgment and order dated 24.4.......e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ..Category: Property Law | Date: | Hits: 34
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
...., Advocate— For the Opposite Parties. Civil Revision No. 1737 of 1995. Judgment Md. Mamtazuddin Ahmed J.- This Rule at the instance of the Azizur Rahman represented by Abdul Sattar being next friend son of Azizur Rahman is directed against the Judgment and order dated 10-4-1995 passed by......statement denying all the material allegations contained in the plaint. 4. The learned Assistant Judge, upon considering the evidences decreed the suit on contest against the defendant No19 and ex parte against the rest. 5. On 27-7-1992 Abdul Sattar son of Azizur Rahman claiming next friend of...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ..Category: Property Law | Date: | Hits: 44
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