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Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....e-emptor opposite party on pre-emption proceeding holding. 5. Evidence both oral and documentary had been led in support of the respective contentions of the parties. 6. Two witnesses had been examined in support of the Case of pre-emptor-opposite party. Pre-emptor-petitioner examined himself......f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......al No. 43 of 1992 before the Court of District Judge, Narayanganj. Learned Subordinate Judge, Narayanganj heard the appeal and by judgment and order dated 17-8-1993 dismissed the appeal. In recording dismissal, learned Subordinate Judge as appellate Judge as well as the final judge of fact also cons..Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
....pport of such proposition he has made reliance upon a decision reported in AIR 1959 (Mysore) 75. I need not discuss the said decision for inasmuch as the aforesaid principle has been settled by our apex court. He also placed reliance upon the Case reported in 47 DLR 261 which relates to the maintain......rdingly, the question of maintainability of the suit came to be discussed incidentally. 12. In that view the Judgment and order passed by the learned Additional District Judge setting aside the ex parte injunction order as aforesaid does not suffer from any legal infirmity and accordingly, the or...... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229...Category: Administrative Law | Date: | Hits: 146
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....mount of Taka 4,00,000.00 in respect of the claims of the Bank. Eventually the defendant opposite party did not appear before the Artha Rin Adalat to contest the suit. The suit was ultimately decreed ex-parte on 23-3-93 for an amount of Taka 9,23,315.09 as on 28-3-91, with interest on the decretal a......nt of Taka 4,00,000.00 in respect of the claims of the Bank. Eventually the defendant opposite party did not appear before the Artha Rin Adalat to contest the suit. The suit was ultimately decreed ex-parte on 23-3-93 for an amount of Taka 9,23,315.09 as on 28-3-91, with interest on the decretal amou......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217...Category: Civil Law | Date: | Hits: 92
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
..... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196........ The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196.......ed or any other day to which the hearing may be adjourned the appellant does not appear when the appeal is called on for hearing, the Court may make an order that the appeal be dismissed. (3) The dismissal of an appeal under this rule shall be notified to the Court from whose decree the appeal i..Category: Procedural Law | Date: | Hits: 81
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....or Leave to Appeal is directed against the judgment and order dated the 20th day of August, 2008 passed by the High Court Division in Writ Petition No.2936 of 2006 discharging the Rule arising out of ex parte judgment and decree dated 25.05.1999 passed by the Subordinate Judge and Artha Rin Adalat N......Leave to Appeal is directed against the judgment and order dated the 20th day of August, 2008 passed by the High Court Division in Writ Petition No.2936 of 2006 discharging the Rule arising out of ex parte judgment and decree dated 25.05.1999 passed by the Subordinate Judge and Artha Rin Adalat No.1......also a sum of TK. 25,000.00 on account of the respondent's legal expenses. That on receipt of the said payment the respondent No.4 prepared an application to be submitted in the Court praying for dismissal of the suit on the ground that the petitioner paid off the entire outstanding dues. But th..Category: Banking Law | Date: | Hits: 95
.... into the schedule land and not to disturb the plaintiffs' title and possession and for further declaration that the Deed Nos. 746, 743, 742, 740 and 739 dated 01.01.1979, 03.01.1979 and 04.01.1979 executed and registered in favour of the defendants and Deed No. 11152 dated 13.09.1978 and Deed No.......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486.......n appeal filed under Section 31 of the State Acquisition Act by the plaintiffs predecessor the possession of the defendant's was found and confirmed through an enquiry held on 19.02.1985, resulting dismissal of the appeal and that the defendant lost the original sale deed from the chamber of the..
Category: Property Law | Date: | Hits: 38
Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)
....f plot No.1349 which was in possession of the predecessor of the plaintiff and since from the date of purchase the plaintiff No.1 merged the said purchased land with his northern part and thus became exclusive possession of total 2nd schedule land. But due to wrong insertion of plot number and area ...... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ......aintiff and that the southern part is in possession of the plaintiff by inheritance from his father and denied the dispossession of the northern part of the suit plot No.1350. As such they prayed for dismissal of the suit. 5. During the pendency the suit after the dispossession of the plaintiff,..Category: Property Law | Date: | Hits: 26
....oner for condonation of delay of 1038 days and thus, dismissing the appeal.
2. The decision proposed to be recorded in this Civil Revision petition does not call for a detailed recounting of facts except that opposite party Nos. 1 to 12 of this Civil Revision petition as plaintiffs laid a suit be......costs.
The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183....... fixed for recording order.
8. Learned District Judge by order dated 18-7-1999 rejected the application filed under section 5 of the Limitation Act and dismissed the appeal summarily. In recording dismissal of the appeal on rejecting the petition under section 5 of the Limitation Act, learned Dis..
Category: Limitation Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....mpugned portion of the interview with the BBC as the impugned portion of the interview was quoted from the newspapers. But Mr. Rafiq-ul Huq submitted that in contempt petition No.75 of 2000 he has annexed the highlights of the interview with the BBC at page 38 vide Annexure A-3 which is the Daily Mo...... DLR (AD) 290; Malibubur Rahman Sikder Vs. Majibur Rahman Sikder, 35 DLR (AD) 20; Diplock in Attorney-General Vs. Leveller Magazine Ltd [ AC 440, 449F; Razina Vs. Metropolitan Police Commissioner, Ex parte Blackburn, [ 2 All ER,319:11968] CA 150; Asharam M Jam Vs. AT Gupta, AIR 1983 (SC) 1151; A Kar...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..Category: Criminal Law | Date: | Hits: 49
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....duct and character of the petitioner, who was then appearing as Advocate for the plaintiff. This has given the petitioner his cause of grievance to move this Court with the instant Civil Revision for expunction of the adverse remarks against him as contained in the impugned judgment and order. ......must make himself present at the hearing to defend his interest in the suit. If he fails to do so the suit may be, if he is the plaintiff, dismissed for default, and if he is the defendant decreed ex parte. Order IX, rule 8 of the Civil Procedure Code provides for the dismissal of a suit for want of......e suit. If he fails to do so the suit may be, if he is the plaintiff, dismissed for default, and if he is the defendant decreed ex parte. Order IX, rule 8 of the Civil Procedure Code provides for the dismissal of a suit for want of prosecution, while Order IX, rule 6 has made provision for an ex par..Category: Civil Law | Date: | Hits: 80
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
....se No. 96 of 1981 under the provision of rule 9 of Order 22 of the Code of Civil Procedure. 2. The decision proposed to be given in this Rule does not call for any detailed recounting of facts except that predecessor of the opposite party Nos. 1 and 2 as plaintiffs laid a suit being Title Sui...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ......vision of rule 9 of Order 22 of the Code of Civil Procedure for setting aside the said order recording abatement. The learned Munsif by his order dismissed the Miscellaneous Case. In recording dismissal he took the view that the application had not been properly framed inasmuch as description..Category: Property Law | Date: | Hits: 28
Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)
....e aforesaid Miscellaneous Case No. 28 of 1979 by filing a written objection disputing the claim made by the House Building Finance Corporation. The aforesaid Miscellaneous Case was eventually allowed ex parte dated 23-5-1985. Accordingly, the loanee started Miscellaneous Case No. 36 of 1984 an appli......foresaid Miscellaneous Case No. 28 of 1979 by filing a written objection disputing the claim made by the House Building Finance Corporation. The aforesaid Miscellaneous Case was eventually allowed ex parte dated 23-5-1985. Accordingly, the loanee started Miscellaneous Case No. 36 of 1984 an applicat......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ..Category: Procedural Law | Date: | Hits: 78
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
.... Md. Abdur Rashid J. - This Rule was obtained by the judgment-debtor upon making an application under section 115 of the Code of Civil Procedure against order No.91 dated.13-09-86 passed by the executing Court, Subordinate Judge and Commercial Court No.1 at Dhaka in Money Execution Case No. 76......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ...... on 12-06-58; Money Execution Case No. 2 of 1960 on 15-03-60; and Money Execution Case No. 10 of 1966 on 12- 12-66. Money Execution Case No. 10 of 1966 was dismissed for default on 17-12-68. Order of dismissal was, however, set aside by the executing Court vides its order dated 15-02-69. Said orde..Category: Civil Law | Date: | Hits: 82
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....s and the National Board of Revenue also issued Standing Order No. 46/98 Cus dated 11-6-98, in supercession of the previous Standing Order, under which total depreciation was fixed at the rate of not exceeding 40% dividing the same into five parts for five years – 15% for the 1st , 10% for the 2nd......we have now in the instant Case. As we have stated earlier that mere issuance of a Rule does not restrain the Court to decide a point to the contrary, we also hold that even the same Court issuing ex parte Rule on similar point is not bound to give a decision on merit of a particular Case to the sam......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....Islam, PLD 1961SC 531; Eastern Mercantile Bank Vs. M Shamsuddin, 21 DLR (SC) 365; Md Janata Bank Vs. Hafizuddin Ahmed and others, 29 DLR (SC) 39 and BSLC Vs. Mahbub Hossain, 29 DLR (SC) 41;Dosta Textile Mills Vs. Sudangshu Bikash Nath, 40 DLR (AD) 45; Jogesh Chandra Datta Vs. Bangladesh, 30 DLR ......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ......under the service rules of the Bank. 3. On 17-11-85 the plaintiff instituted Other Class Suit No. 265 of 1985 in the Court of Senior Munsif at Kishoreganj for a decree for declaration that his dismissal from service was illegal, void and not binding upon him and that he continued in service o..Category: Administrative Law | Date: | Hits: 165
Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)
....arned Subordinate Judge, 3rd Court, Dhaka impleading the petitioners as defendants. The said suit was decreed on contest against the petitioners and proforma respondent Nos. 3 and 4 and was dismissed ex-parte against respondent No. 2 and proforma respondent No. 5. 3. The respondent No.1 as ......ed Subordinate Judge, 3rd Court, Dhaka impleading the petitioners as defendants. The said suit was decreed on contest against the petitioners and proforma respondent Nos. 3 and 4 and was dismissed ex-parte against respondent No. 2 and proforma respondent No. 5. 3. The respondent No.1 as pla......ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ..Category: Business or Commercial Law | Date: | Hits: 186
Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)
....ransferred the suit land to Surja Kumar, the father of the defendant No.2 and he is in possession of the same. 6. The trial Court by its judgment and decree dated 16.10.2003 found that the kabalas executed registered by Nolini and Jogendra in favour of Moni Bala in 1947 were never acted upon and ......ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ......ds of sale but the Courts below without any cogent reasons, illegally held that those transactions were not acted upon which was also erroneously affirmed by the High Court Division, and upheld the dismissal of the suit for partition on the ground that the plaintiffs were not co-sharers in the sui..Category: Limitation Law | Date: | Hits: 181
....e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
......e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
......ition No.8 of 2009 keeping in record the application under Article 58(a) of the Representation of People's Order, 1972 read with Section 151 of the Code of Civil Procedure filed by the petitioner for dismissal of the said Election Petition.
2. The facts, in short, are that the respondent No.1 (..
Category: Election Law | Date: | Hits: 116
Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)
....ere recognized as Korfa tenants under khatian Nos. 22-31 of the landlords khatian No.21. The lands were accordingly recorded in the C.S. khatian in the names of the plaintiffs-predecessors and they exercised their title and possession over statutory period. Of the said tenants, Adam Pramanik died ......ly recorded, Accordingly Hossain Ali instituted Title Suit No.140 of 1975 in the Court of Subordinate Judge, Pabna for declaration of title against Jagodish Chandra Sarker and the suit was decreed ex parte on 29th January, 1974. In pursuance of the decree Hossain Ali's name was recorded in the S.A. ......the rules. The operation of the impugned judgment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ..Category: Property Law | Date: | Hits: 25
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
.... 2009 in Civil Petition for Leave to Appeal No. 1733 of 2008. 2. The petitioner filed Other Class Suit No. 72 of 1986 in the Court of Assistant Judge, Basail, Tangail, for declaration that the ex parte judgment and decree dated 26th November, 1977 obtained in Other Class Suit No. 142 of 1977 ......09 in Civil Petition for Leave to Appeal No. 1733 of 2008. 2. The petitioner filed Other Class Suit No. 72 of 1986 in the Court of Assistant Judge, Basail, Tangail, for declaration that the ex parte judgment and decree dated 26th November, 1977 obtained in Other Class Suit No. 142 of 1977 by ......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ..Category: Property Law | Date: | Hits: 21
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