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Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....h was renumbered as Title Suit No.51 of 1997 and got the judgment and decree on 24.05.1998 on contest against Parul Bala, the defendant No. 2. It was claimed that the petitioner and his brother never executed and registered the deed dated 14.05.1969. The deed was created by forgery. 6. On 30.09.1......te instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants. A. J. Mohammed Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1-18. Ex parte- Respondent Nos. 19-21. Civil Appeal No. 285 of 2002. (From the judgment and order dated......In view of our discussions made above the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 497; 8 LG (AD) (2011) 25; 64 DLR (AD) (2012) 84. ..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....sif, Sadar, Rajshahi being Partition Suit No. 200 of 1975 but without service of the summons, but by concealing the same with the help of the process server and the attesting witnesses he obtained an ex parte decree in that suit practicing fraud upon the court and being informed of the same the peti......, Sadar, Rajshahi being Partition Suit No. 200 of 1975 but without service of the summons, but by concealing the same with the help of the process server and the attesting witnesses he obtained an ex parte decree in that suit practicing fraud upon the court and being informed of the same the petitio......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147...Category: Procedural Law | Date: | Hits: 66
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....reply Mr. Mozammel Huq, the learned Advocate for respondent Nos.2 and 3 submits that the Labour Court, on consideration of the materials on record has formed an opinion that a strained relationship existed between the parties and it would, therefore, be inappropriate to pass an order for reinstate...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ......of a petition under Article 102 of the Constitution is directed against a decision dated 7.1.86 of the Chairman of the Labour Court, Rajshahi in Complaint Case No. 58 of 1985 converting an order of dismissal of the petitioner into an order of termination. 2. Facts necessary for disposal of the ..Category: Labour and Industrial Law | Date: | Hits: 124
M.A. Hai and others Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (HCD)
....case may now be summarised as follows. 7. In Writ Petition No.83 of 1985 the petitioner was a Senior Executive-in-Charge of the Corporation at the relevant time. He received a charge-sheet (Annexure-A) dated 10.2.83 admittedly under Rule 3(a) (b) and (c) of the Rules of 1976 for inefficiency,...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ......ed in Vitarelli vs. Seaton (1959) 359 US 535: 3 L Ed 2d 1012: "An executive agency must be rigorously held to the stands by which it professes its action to be judged.............Accordingly, if dismissal from employment is based on a defined procedure, even though generous beyond the require..Category: Employment/Service Law | Date: | Hits: 80
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
....he Respondents. Writ Petition No. 1124 of 2001. Judgment Md. Hamidul Haque J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order dated 20-7-20 (Annexure ‘E’) passed in Money Execution Case No. 2 of 1991 by the learned Subordinate Judge and Art......This provision of the depositing half of the decretal amount is over and above the conditions laid down in Order 9 rule 13 of the Code of Civil Procedure for filing a petition for setting aside an ex parte decree. 9. From our above discussion, we have found that an Artha Rin Adalat constituted un...... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ..Category: Civil Law | Date: | Hits: 89
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
.... The trial Court on conclusion of the hearing of the suit by the judgment and decree dated 25-8-91 decreed the suit in preliminary form against the defendants-opposite Nos. 1, 2 and 25 on contest and ex parte against others giving saham to the plaintiff to the extent of .02 acre from suit plot No. 1......e trial Court on conclusion of the hearing of the suit by the judgment and decree dated 25-8-91 decreed the suit in preliminary form against the defendants-opposite Nos. 1, 2 and 25 on contest and ex parte against others giving saham to the plaintiff to the extent of .02 acre from suit plot No. 125 ......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..Category: Property Law | Date: | Hits: 32
Surajmal Ram Prasad Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
....wing net loss of Taka 1,27,822. 2. Pursuant to notice under sections 83(1) and 79 of the Income Tax Ordinance, in short, the Ordinance, an authorised representative on behalf of the assessee explained the return. The books of account, registers, statement of assets and liabilities, etc were......ith our answer in the negative against the Revenue Department and in favor of the applicant. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 59 DLR (2007) 268.......al Commissioner of Taxes was barred by limitation and allowed the appeal of the Deputy Commissioner of Taxes and restored the assessment order passed by the Deputy Commissioner of Taxes just on the dismissal of the appeal of the assessee and not on merit by its order dated 9-22002. 5. Aga..Category: Fiscal/Taxation Law | Date: | Hits: 63
....rt
High Court Division
(Civil Revisional jurisdiction)
Present:
Md. Abdur Rashid J
Hassan Foez Siddique J
Paul Reinhurt Limited and another ………..Petitioners
Vs.
Prime Textiles Spinning Mills Ltd. and others……Opposite Parties
Judgment
November 6, 2001.
C......he plaintiff relating to and/or in connection with the Award dated 22-10-92 given by them and/or relating to the alleged contracts on the basis of which the Award was given.
e. declaration that ex parte Award dated 22-10-92 given by the defendant No. 3 in favour of the defendant No. 1 is ex facie......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....ction 96 of the State Acquisition and Tenancy Act. The pre‑emptees opposite parties entered appearance and took adjournment for filing written objection and ultimately 2 days earlier of the date of ex parte hearing of the case on 21‑9‑93, filed the written objection on 19‑9‑93 with the pra......on 96 of the State Acquisition and Tenancy Act. The pre‑emptees opposite parties entered appearance and took adjournment for filing written objection and ultimately 2 days earlier of the date of ex parte hearing of the case on 21‑9‑93, filed the written objection on 19‑9‑93 with the prayer......te party Nos. 1 and 2, however, on 11‑11‑95 filed an application in Miscellaneous Case No. 37 of 1993 under section 151 of the Code praying for restoration of the said case upon setting aside the dismissal order dated 16‑11‑93. In the said application they have prayed for staying further pro..Category: Property Law | Date: | Hits: 36
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....ection 151 of the Code by the pre-emptor opposite party and restoring the Miscellaneous Case No. 31 of 1984 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73 the petitioner purchased the case land......se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......ur allowing an application made under section 151 of the Code by the pre-emptor opposite party and restoring the Miscellaneous Case No. 31 of 1984 to its file and number on setting aside the order of dismissal for default. 2. This case exposes the dismal condition of the trial system. On 15-12-73..Category: Civil Law | Date: | Hits: 69
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....ord 'Candidate' is defined in Article 2(ii) and (vi) of the People's Order 1972. Article 2 (ii) and (vi) is noted below: "2. In this Order, unless there is anything repugnant in the subject or context— (II) "Candidate" means a person proposed as a candidate for election as a Member..............g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19....... this application under Article 58(a) of the Representation of the People Order No. 155 of 1972 (PO 155 of 72) the petitioner Dr. Alauddin Ahmed, respondent No. 4 of this election petition, prays for dismissal of the election petition No. 2 of 2001 pending before this Court stating, inter alia, that..Category: Election Law | Date: | Hits: 85
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... on the said letter of credit. The letter of credit contains terms and conditions, inter alia, that the bill of lading of the said goods must be issued not later than 15th March, 1986 and the bill of exchange must be negotiated within 21 days from the date of shipment. The plaintiff of Title Suit No...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......ith interest till realisation. 5. The Money Suit No. 65 of 1989 was duly contested by the defendant National Bank Ltd by filing a written statement denying all material allegations and praying for dismissal of the suit. The main contention of the defendant in this suit is that the plaintiff Habib..Category: Business or Commercial Law | Date: | Hits: 202
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....cedure. 2. The Court of first instance, which was affirmed by the court of appeal below, dismissed the suit on the finding that the same was barred by res judicata in that plaintiff as against the ex parte decree obtained by the defendant No. 1, herein opposite party, in Other Suit No. 15 of 1985......ure. 2. The Court of first instance, which was affirmed by the court of appeal below, dismissed the suit on the finding that the same was barred by res judicata in that plaintiff as against the ex parte decree obtained by the defendant No. 1, herein opposite party, in Other Suit No. 15 of 1985 fi......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....89 and the said resolution had already been sent to the Board for its approval and, as such, no illegality was committed in dismissing the plaintiff from his service. 4. At the trial the plaintiff examined himself as his only witness while the contesting defendant examined 2 witnesses in support ......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......uld have been dismissed as being not maintainable in law. 6. Nikhilesh Dutta, the learned Advocate appearing for the plaintiff-opposite party, on the other hand, submits that the impugned order of dismissal is a self-contained complete order without any reference to the approval of the Board and ..Category: Employment/Service Law | Date: | Hits: 72
....spect of District Jessore PS Kotwali, Mouza Sankarpur, JL No.82 appertaining to SA Khatian No. 70, plot No.554 relating to an area of 0.09 acre (Abandoned Property) House No. 222/73 Jessore) (Vide Annexure-F) rejecting the case and its publication in the official gazette dated 23-9-86 at page 9762(1......f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67.......n of President’s Order No.16 of 1972 but also violative of the fundamental right to hold property. In such circumstances the petitioners are entitled to get the relief as prayed for in spite of the dismissal of the application by the Court of Settlement on the ground of limitation. As the fundamen..
Category: Property Law | Date: | Hits: 28
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
.... June 27, 2006. Cases Referred To- Mujibur Rahman Sarkar vs. Chairman, Labour Court, Khulna 31 DLR 301; Indo-Pakistan Corporation Ltd. vs. Chairman, Labour Court 21 DLR 265; Dosta Textile Mills Ltd. vs. Sudhansu Bikash Nath 40 DLR (AD) 45; Managing Director, Rupali Bank Ltd vs. To......Khulna and requested him to make necessary arrangement for holding enquiry at Mymensingh, but in vain. The defendant Nos. 6-8, the members of the Enquiry Board, without intimating him submitted an ex parte report finding him guilty of the charges levelled against him. He after recovery from the illn...... 1 as a plaintiff filed Other Class Suit No. 196 of 1992 in the Court of the Senior Assistant Judge, Mymensingh Sadar in which the petitioner was the defendant No. 3 for declaration that the order of dismissal of the plaintiff-opposite party No.1 from the service vide Memo No. HO/ADMN/DD/91/6-B date..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
.... suit. 2. The plaintiff-appellant-opposite party No. 1 (Government) initiated Other Class Suit No. 82 of 1994 in the Court of Assistant Judge, Gouripur for cancellation of the order pronounced ex parte on 23-6-72 in Miscellaneous Case No. 221 of 1969 by the Subordinate Judge, First Court, Mym......it. 2. The plaintiff-appellant-opposite party No. 1 (Government) initiated Other Class Suit No. 82 of 1994 in the Court of Assistant Judge, Gouripur for cancellation of the order pronounced ex parte on 23-6-72 in Miscellaneous Case No. 221 of 1969 by the Subordinate Judge, First Court, Mymens......-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ..Category: Property Law | Date: | Hits: 32
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....the Managing Director and the respondent Nos. 5 and 6 are the Directors. The father of the petitioner as the guarantor mortgaged the suit property described in the schedule to the plaint. In order to expand the said business the respondent No. 5 (defendant No. 3) on 22nd September, 1998 filed an app......ion Bench of the High Court Division discharged the rule as not maintainable. 7. Mr. Munsurul Huq Chowdhury, the learned Counsel for the petitioner submits that the suit having been disposed of ex parte by the Artha Rin Adalat No. 4 on the basis of incomplete deposition of P.W.1 behind the back o......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..Category: Civil Law | Date: | Hits: 78
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
....ss Balukhali khal for the development of irrigation. This dam will not affect the land of Sailokupa. Out of previous grudge and enmity, the plaintiffs have filed this suit. 5. Both the parties examined witnesses and adduced documentary evidence in support of their respective cases. 6. ...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ...... issuance of the Rule, no interim order in the form of injunction was passed against the defendants. Therefore, there was no injunction for the last 18 years. After lapse of 18 years from the date of dismissal of the suit, the plaintiffs now cannot get a decree for permanent injunction. 14. T..Category: Property Law | Date: | Hits: 25
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... plaintiff owner in the suit land as per claim? f. Is the plaintiff entitled to get preliminary decree and cither reliefs as prayed for? 8. In support of her case, the plaintiff got 3 witnesses examined while defendant examined 5(five) witnesses. The papers and documents produced by the plaint......atement claiming 11.82 acres of land by virtue of unregistered Heba deed dated 19-6-1948 and claiming the land of his mother, Maherunnessa, by virtue of oral gift, Suit No. 175 of 1992 was decreed ex parte on 30-1-1995. Being aggrieved by the decree, the defendant No. 1, Nur Rahman, preferred Other ...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
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