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Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
....perties and the petitioners, appearing in the above that suit, filed written statement but ultimately did not contest and then by judgment and decree dated 10.1.2002 the above suit was decreed ex parte and the above decree was made final on 28.4.2002 for a sum of Tk.12,83,91,013.35 as on 1.7......ties and the petitioners, appearing in the above that suit, filed written statement but ultimately did not contest and then by judgment and decree dated 10.1.2002 the above suit was decreed ex parte and the above decree was made final on 28.4.2002 for a sum of Tk.12,83,91,013.35 as on 1.7.19......llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ..Category: Civil Law | Date: | Hits: 103
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
.... became the absolute owner of the suit schedule land. Being owner-in-possession Alangamohand died leaving his wife Gongabanshi as his sole heir and as such while owning an possessing the suit land, exclusively, Gongabanshi sold the 2nd schedule land to the petitioner on 30.10.1962 and delivered p...... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ......t the owner of the suit schedule land and the same was not sold to the petitioner. The defendant did not threaten the petitioner's to dispossess them from the suit schedule land and prayed for dismissal the suit which cost. 8. The trial Court decreed the suit and on appeal the appella..Category: Property Law | Date: | Hits: 25
Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)
.... on the ground of violation of fundamental right may seek his remedy under Article102 of the Constitution but in all other cases he will seek remedy under Article 117(2) and that on the terms and the exclusive jurisdiction to hear the dispute and that in the instant writ petitions the petitioners ......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 554, 19 BLT (AD) (2011) 158.......inary actions whereas departmental charges were submitted after 8 months and moreover order of suspension can only be passed by a person having authority to make the final order that is the order, of dismissal, and so the suspension orders not being passed by the appointing authority, are without la..Category: Criminal Law | Date: | Hits: 78
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....ror of law apparent on the face of record to allow the hearing of the said Miscellaneous Case by the High Court Division for restoration of the said Title Suit which was dismissed for default. He next submits that the Appellate Division erred in dismissing the case in the ends of justice and for......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......e Appellate Division manifestly failed to consider that the Miscellaneous Case No.88 of 2003 for restoration of Title Suit No.172 of 2000 to its original file and number by setting aside the dismissal order dated 22.04.2003 passed by the learned Joint District Judge, 3rd ..Category: Property Law | Date: | Hits: 23
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
....e under Regulation No. 28 of the Sonali Bank (Employees) Regulations, 1981 vide memo dated 31.01.1995, naming the inquiry officer in the said show cause notice, and thereafter the inquiry was held ex-parte without providing any opportunity to the respondent hereof to defend himself and to adduce......nder Regulation No. 28 of the Sonali Bank (Employees) Regulations, 1981 vide memo dated 31.01.1995, naming the inquiry officer in the said show cause notice, and thereafter the inquiry was held ex-parte without providing any opportunity to the respondent hereof to defend himself and to adduce wi...... the respondent submitted an appeal dated 30.06.1996 for his reinstatement exonerating him from the charges, which was found to be not acceptable and the Bank authority upheld the decision of dismissal of the respondent from service and communicated the decision vide Memo dated 07.12.1996. ..Category: Administrative Law | Date: | Hits: 166
Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
....ut due to apprehension of his arrest he did not appear in the departmental proceeding and prayed for adjournment but refusing the prayer for adjournment the Enquiry Committee made enquiry against him ex parte and submitted report giving opinion that all charges against him have been proved. Then the......due to apprehension of his arrest he did not appear in the departmental proceeding and prayed for adjournment but refusing the prayer for adjournment the Enquiry Committee made enquiry against him ex parte and submitted report giving opinion that all charges against him have been proved. Then the au......37(Ka), (Kha), (Ghha), (Ya) and (Cha) of Bangladesh Krishi Bank Karmachari Chakuri Probidhanamala, 1988 for gross negligence, misconduct, corruption and misappropriation of money proposing penalty of dismissal from service and he submitted reply to the same denying the allegations made against him a..Category: Administrative Law | Date: | Hits: 189
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
....ut in 1999 the Palli Daridra Bimochan Foundation shortly PDBF was established and the employees of BRDB became employees of PDBF and under Section 29 of the said Act certain Regulations were framed exercising the power under Section 29 thereof for regulating the services of the employees of PDBF...... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ......nths notice or 3 months pay in lieu during the continuance of the project. The writ petitioner continued to be the temporary employees for a project and their termination though not being by way of dismissal or removal from service but they were only entitled to gratuity for the period accrued to..Category: Employment/Service Law | Date: | Hits: 68
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
....Court of Subordinate Judge (now Joint District Judge), 2nd Court, Gazipur against the present respondents for declaration of plaintiff's title in the suit property together with the prayer that the ex-parte judgment and decree dated 24.09.1994 passed by the learned Subordinate Judge (now Joint Di......rt of Subordinate Judge (now Joint District Judge), 2nd Court, Gazipur against the present respondents for declaration of plaintiff's title in the suit property together with the prayer that the ex-parte judgment and decree dated 24.09.1994 passed by the learned Subordinate Judge (now Joint Distr...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....the case of the plaintiffs that the land in suit belonged to Ramhari Kasya in his raiyati right and he mortgaged the land in suit for 4 years and the said mortgage was a usufructuary one and after expiry of the said period of mortgage Ramhari Kasya got the possession of the land and while owning......mchandra Kumar Barman and others...............Respondents Judgment August 29, 2007. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record-For the Appellants. Ex-parte-the Respondents. Civil Appeal No.16 of 2000. (From the Judgment and Order dated F...... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 28
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
....petitioners prayed for dismissal of the Miscellaneous Cases. 5. In the trial court of learned Assistant Judge both the Miscellaneous Cases were heard analogous and the pre-emptor respondent examined 2 (two) witnesses and exhibited the deeds and the pre-emptee petitioners examined 3 (three......d some documents. After hearing the learned Assistant Judge by a single judgment and order dated 08.03.1993 allowed both the Miscellaneous Cases on contest against the pre-emptee petitioners and ex-parte against the rest. 6. Being aggrieved by the judgment and order of the learned Assistan......ad increased in the meantime and so the respondent Nos. 2-3 have collusively set up the pre-emptor respondent to file the Miscellaneous Cases to make wrongful gain and so the petitioners prayed for dismissal of the Miscellaneous Cases. 5. In the trial court of learned Assistant Judge both..Category: Property Law | Date: | Hits: 24
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....sit on judgment over a decision of the High Court Division given in the writ jurisdiction interpreting a provision of law. The Tribunal here is the Administrative Appellate Tribunal, Dhaka and the extra-ordinary judgment which has been impugned in this appeal was passed by it on 11.4.94 in Appea......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......4 in Appeal No. 43 of 1989. 2. Facts material for the purpose of disposal of this appeal, briefly, are that the appellant who was a Superintendent of Customs challenged the order of her dismissal from service dated 26.8.87 by filing Administrative Tribunal Case No. 183 of 1988 before..Category: Administrative Law | Date: | Hits: 110
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
....e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......eafter, he prayed for joining his duties through letter dated 17.2.1992 but the mills authority dismissed him from service by order dated 4.5.1992 on ground of his conviction. 3. Before dismissal no show cause notice was issued and no personal hearing was given to respondent No. 2 an..Category: Labour and Industrial Law | Date: | Hits: 251
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....d in plot No.202, khatian No.5 (Schedule-kha) and other lands and that Azhar Ali will get .7 acres of land in plot No. 197, khatian No. 3 both of Mouza Dagan Bhuiyan. Accordingly Azhar Ali while in exclusive ownership and possession of his allotted share sold his entire share in khatian No. ......ructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. Khandker Mahbubuddin Ahmed instructed by Sharifuddin Chaklader, Advocate-on-Record - For respondents No. 1-4. Ex-parte - Respondent Nos. 5-18. Civil Appeal No. 67 of 1994 (From the Judgment and Or......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ..Category: Property Law | Date: | Hits: 33
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....essity to maintain his family sold the suit property to the defendant-respondent by registered kabala and delivered possession of the same in the year, 1976. 4. The plaintiff-petitioner examined 3 witnesses including himself and filed documents which are marked as exhibits a......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......tedly the plaintiff having failed to institute the suit within 3 years after attaining 21 of his age the suit is held to be barred by limitation. Section 3 of the Limitation Act provides for dismissal of a suit if filed beyond the period of limitation. Admittedly the suit having field..Category: Property Law | Date: | Hits: 30
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
.... written agreement and thereafter the plaintiffs paid Tk. 11,000/- to the defendant No.12 on 1.6.1989 as balance consideration money. Thereafter two deeds were written and both the deeds were executed by the defendant No. 12 on 1.6.1969 and it was decided that the deeds would be registered ......mit execution of the sale deeds for which the plaintiffs were compelled to file Title Suit No. 71 of 1990 and Title Suit No. 72 of 1992 in the Court of Assistant Judge, Savar, Dhaka and obtained ex-parte decree and got the deeds registered through Court. The plaintiffs were in possession. On 10.7......ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ..Category: Property Law | Date: | Hits: 27
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....e defendant No.5 transferred same to the plaintiff by kabala dated 19.10.87 and also delivered possession of them and thereafter the petitioner created an Ekrarnama showing that the defendant No.5 executed an agreement on the date of sale to reconvey the said land on receipt of the conside......eration and on the basis of the same filed an application before the Revenue Court, Bhandaria purportedly under section 95 of the State Acquisition and Tenancy Act and got an ex parte order of redemption dated 9.10.1991 and then having come to know about the above ex par......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 373. ..Category: Property Law | Date: | Hits: 26
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
.... judgment and order dated 30 January, 2000 by a Division Bench of the High Court Division passed in Writ petition No. 3737 of 1998 discharging the Rule. The Rule mentioned herein before was issued to examine the legality of the officer Order dated 19th November, 1998 of the office of the Deputy Comm......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......l authority, Additional Divisional Commissioner Dhaka. The appeal against the order in the revision filed before the land Appeal board was dismissed for default on 27 December 1989. The said order of dismissal was challenge by the appellant by filing writ petition No. 213 of 1990 and the Rule obtain..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....facts are that the appellant filed Title Suit No. 405 of 1984 against the respondent Nos.3-4 for Specific Performance of Contract in the First Court of the Subordinate Judge, Dhaka for refusing to execute and register deed of sale in respect of the suit land in terms of the Bainanama (agreement)......ent) dated 07-10-1983 in favour of the appellant. That the learned trial Court after due service of summons upon the defendant-respondents and exhausting all the process of law decreed the suit ex-parte on 29-06-1986 but due to failure on the part of respondent No.3 to execute and register the k......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..Category: Property Law | Date: | Hits: 31
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
....roposed to sell the suit property to plaintiff and on the mediation of the local elders, the price of the suit property measuring 7.80 acres of land was fixed at Taka 8,000 and thereafter, he executed an agreement on 30-11-1963 on receipt of Taka 6,000. It was decided between the parties th......it No. 62 of 1997, Exhibit 3. This decree shows that he had got decree against Habibullah Miazi, Osman Ali Sheikh, Momtazuddin Sheikh, Jamaluddin Bepari, Md. Bhudul Mia on com promise and ex parte against the rest. Those persons who filed solenama had no title in the suit lands. The decree...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ..Category: Property Law | Date: | Hits: 22
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....f State for the Home Department (1981) 73 Cr. App. R. 281); Trawnik v. Lennox ((1985) 1 WLR 532); Malone v. Commissioner of Police of the metropolis ((1979) Ch 344; R. vs. Immigration Appeal Tribunal ex.p. Ali Ajmal, ((1982) Imm. A.R. 102, C.A.); R. v. Home Secretary ex. p. Brand ((1991) 1 A.C. 696)......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......1982) Imm. A.R. 102, C.A.) per Lord Lane CJ.In R. v. Ministry of Defence ex.p. Smith ((1996) Q.B.517) the Divisional Court and Court of Appeal felt found to disregard Article 8 when considering the dismissal from the armed forces of the applicants because of their sexual orientation-although the..Category: Intellectual Property Law | Date: | Hits: 233
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