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Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....tion, on the ground of default in the payment of rent. The suit was fixed for pre-emptory hearing, after two adjournments, on 27 May 1982, but as the defendant was found absent the suit was decreed ex parte. Defendant filed an application on 31 May 1982 under Order IX, rule, 13 of the Civil Proc...... on the ground of default in the payment of rent. The suit was fixed for pre-emptory hearing, after two adjournments, on 27 May 1982, but as the defendant was found absent the suit was decreed ex parte. Defendant filed an application on 31 May 1982 under Order IX, rule, 13 of the Civil Procedure......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....e sought for. Since the question for determination before the Trial Court is whether there has been any violation of conditions in the tender notice and since the case is pending for trial expression of any opinion is not called for. Since there has been no violation there is no necessit......pondent No.1, according to her, was only an agent. The order of temporary injunction which restrained respondent. Nos. 2 and 3 from issuing any work order in favour of respondent No.1 was passed ex-parte. Against this order respondent No.3 filed an appeal, being First Miscellaneous Appeal No.173 ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....orney Abdur Rahman entered into a contract to sell the said plot of land to the respondent No. 1 (writ petitioner) for a consideration of Tk.1,00,000/- and on receipt of TK. 40,000/- as earnest money executed a deed of agreement on December 29, 1970 and that on that very day delivered possession to ......d as such it was physically impossible as stated in the agreement for sale that on receipt of the part of the consideration money the intended seller upon putting the proposed buyer into possession parted with his possession of the property in question. In the background of the discussion as on th...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... and procedure and in that view of the matter the case was remanded to the lower appellate Court. 5. As stated above Abdul Ghani died during pendency of the appeal. His heir became the next Mutwalli namely Abdul Halim Chowdhury and he was impleaded and brought on record by way of sub......orney-General, instructed by B. Hossain, Advocate-on-Record—For the Appellant. A.W. Chowdhury, Sr. Advocate, Md. Nazrul Huq, Advocate-on-Record—For the Respondent No.1. Ex-parte—For the Respondent Nos. 2(ka) to 2(Tha) & 3 to 4. Civil Appeal No. 52 of 198...... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ..Category: Trust/Waqf Law | Date: | Hits: 193
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
....asioning failure of justice not finding to the effect that the petitioner has purchased the property by saf-kabala deed from the decree-holder who obtained saf-kabala deed through Court in an execution proceeding; that the Government did not file any appeal against the said judgment and dec......rom an illegal owner and it was with his connivance, the record of lease was destroyed for which the Government could not prefer any appeal. The accused has created a false bainapatra. They got ex parte decree in respect of a Government property which already was enlisted as vested property. The...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..Category: Criminal Law | Date: | Hits: 64
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ing behind only daughter named Samina and a brother named Manulla Kala was an idiotic type of man, Samina's husband was a clever man who recorded the C.S. Khatian in the name of Shandha Mia to the extent of 2(two) annas share and in the name of Samina’s to the extent of 14(fourteen) annas ......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......in terms of compromise and the defendant Nos. 1 and 2's title and possession in the suit land was admitted. The plaintiff had neither any possession nor any title in the suit land. They prayed for dismissal of the suit. 4. Syed Humayun Kabir Khadem; learned Advocate, appearing for the pet..Category: Property Law | Date: | Hits: 28
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....f the schedule property and hence he tiled the suit for declaration of title. 3. The Subordinate Judge, 2nd Court, Sylhet took up the hearing of the suit and on 15.01.1986 dismissed the suit ex parte. 4. The plaintiff did not take any step for setting aside the exparte decree eithe......e schedule property and hence he tiled the suit for declaration of title. 3. The Subordinate Judge, 2nd Court, Sylhet took up the hearing of the suit and on 15.01.1986 dismissed the suit ex parte. 4. The plaintiff did not take any step for setting aside the exparte decree either by......ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ..Category: Property Law | Date: | Hits: 32
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
.... Subordinate Judge, 3rd Court, Dhaka in Misc. Case No. 89 of 1987, directing defendant respondent No. 1 Mrs. Sakin Bai to appear in court personally at the time of hearing of the said case for her examination in Court. 2. The relevant facts are that the plaintiff appellants on 31.12.......kin Bai to appear in court personally at the time of hearing of the said case for her examination in Court. 2. The relevant facts are that the plaintiff appellants on 31.12.86 got an ex parte decree in Title Suit No. 203 of 1984 of the Court of the Subordinate Judge 4th court, Dhaka f......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
.... of the appeal. The learned District Judge by an order dated 24.5.92 dismissed the said Misc. Case holding, inter alia, that the case was barred by 19 days and that the defendant appellants could not explain the delay, specially for the period from 1.1.92 to 8.1.92, and that they also failed to show...... Lawyers Involved: MM. Hyder Ali, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellant. Ataul Huq, Advocate-on-Record - For respondent No. 1 Ex-parte-Respondent Nos. 2-8 Civil Appeal No. 13 of 1994 (From the Judgment and Order dated 20th ...... and on behalf of the other appellants in the appeal, had been suffering from typhoid and as such he failed to take necessary steps in the matter and that on 1.1.92 he came to know about the order of dismissal of the appeal from the Mohurar of the learned Advocate and that thereafter the case was fi..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....mitted that the action having been taken against the plaintiff-respondent under the Dhaka University Employees (Efficiency and Discipline) Statutes ( The Second Statutes of the University) annexed in the Schedule to the Dhaka University Ordinance, 1961 which according to the learned Counsel...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......rsity because "article" is used in P.O. No. 11 of 1973 as the article of that Order), although applicable to the plaintiff was not complied with in removing him from service. The order of dismissal was illegal being made without jurisdiction and in violation of the principle of natural..Category: Employment/Service Law | Date: | Hits: 69
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....lly invited the impugned tender. 4. After the filing of the suit the plaintiff filed an application for temporary injunction against the defendants. The trial Court initially passed an ex parte order of ad interim injunction and ultimately by its judgment order dated 27.3.97 granted ......hy;ly invited the impugned tender. 4. After the filing of the suit the plaintiff filed an application for temporary injunction against the defendants. The trial Court initially passed an ex parte order of ad interim injunction and ultimately by its judgment order dated 27.3.97 granted tem......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ..Category: Property Law | Date: | Hits: 34
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....pondent Md. Matiar Rahman is an engineer. He joined in the service of the appellant Dhaka Water Supply and Sewerage Authority, briefly WASA and at the relevant time he was holding the post of executive engineer on promotion in charge of Zone 6 with effect from 14.9.90. Subsequently he ......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......liability to 60%. Ultimately the respondent was dismissed from the service with effect from 4.4.91. 5. Respondent then filed the above-numbered title suit for declaring the order of his dismissal from service as illegal and for other consequential reliefs. The trial court decreed the..Category: Employment/Service Law | Date: | Hits: 73
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....d by a learned Single Judge of the High Court Division in Civil Revision No. 405 of 1988 Dhaka/Civil Revision No. 242 of 1988 (Rangpur) refusing to rehear the case which was disposed of on 12.5.92 ex parte making the Rule absolute and setting aside thereby the judgment and order dated 13.4.......y a learned Single Judge of the High Court Division in Civil Revision No. 405 of 1988 Dhaka/Civil Revision No. 242 of 1988 (Rangpur) refusing to rehear the case which was disposed of on 12.5.92 ex parte making the Rule absolute and setting aside thereby the judgment and order dated 13.4.88 ...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ..Category: Property Law | Date: | Hits: 30
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....he Court of Subordinate Judge, 1st Court, Moulvibazar. The suit was filed for a decree for specific performance of contract. The plaintiff alleged that kanu Miah, the predecessor of the defendants executed a bainpatra for sale of the suit land but delayed the execution of the deed on different p......the suit was dismissed for default. The plaintiff them filed an application under Order 9, Rule 4 of the Code of Civil Procedure and Misc. Case No. 14 of 1993 was started, that case was allowed ex-parte and the suit was restored to its original file and number and ultimately the suit was also de......ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ..Category: Civil Law | Date: | Hits: 72
Adamjee Jute Mills Ltd. and anr. Vs. Chairman, Labour Court and anr., 1998, 27 CLC (AD)
.... under section 19 of the Act. Secondly, upon the finding of the learned Judges of the High Court Division themselves that the IRO Case was incompetent inasmuch as no industrial dispute had been in existence at me relevant time which could enable respondent No. 2 to maintain an action under the I...... Advocate instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. Korban Ali, Advocate instructed by Mrs. Azra Ali, Advocate-on-Record - For the Respondent No. 2. Ex-parte - For the Respondent No. 1. Civil Appeal No. 59 of 1997. (From the Judgment a......nging which respondent No. 2 instituted the aforesaid complaint case under section 25 of the Act alleging, inter alia, that the impugned termination is a malafide one being in fact an order of dismissal in the garb of termination with a view to defeating the purpose of the aforesaid pend&sh..Category: Labour and Industrial Law | Date: | Hits: 105
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... were paid initial compensation. 3. On 5 June 1979 the appellant made an application to the Additional Land Acquisition Officer, Dhaka claiming compensation in respect of the disputed plots excepting plot Nos. 1345, 1362 and 1366 on the ground that he was the owner in possession of the sa...... necessary to be heard and disposed of. These notices appear to have been served upon 27 out of 31 persons concerned till 26.2.1980 when the Additional Land Acquisition Officer heard the matter ex parte. He observed: 'It is found that Umed Ali and Yousuf are recorded purchasers o...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..Category: Property Law | Date: | Hits: 28
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....ement dated 21.6.1976 respondent agreed to purchase the said land and an amount of Tk. 8,500/- was paid as advance out of total consideration of Tk. 9,000/-. Upon Ghalib Hossains's failure to execute and register the sale deed respondent instituted Title Suit No. 317 of 1978 in the 1st Cour......ailure to execute and register the sale deed respondent instituted Title Suit No. 317 of 1978 in the 1st Court of Munsif, Dhaka for specific performance of contract and the said suit was decreed ex parte on 18.7.1980. The respondent got the Kabala executed and registered through court on 3.11.198......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ..Category: Property Law | Date: | Hits: 37
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....ent, that the appellant appointed an Inquiry officer to inquire into the charges framed against the Respondent No. 2 but the Inquiry Officer did neither held any inquiry of the charges leveled nor examined any witness to prove the charges leveled against Respondent No. 2 in his presence, th......is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......ained against the judgment and order dated June, 2, 1990 of the 1st Labour Court, Dhaka passed in Complaint Case No. 140 of 1984 allowing the same and thereupon setting aside the order of dismissal dated 21.8.1984 and making direction to the appellant (second party before the Labour Co..Category: Labour and Industrial Law | Date: | Hits: 79
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....he plaintiff company is a private limited company incorporated under the Companies Act, 1913 and is a recognized company and it had got commendable certificate from the Government as a foreign exchange earner and also got President's Medal and it is stated that the suit land originally belon......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......ter the cancellation of the letter of intent and as such, the plaintiff is not entitled to get a decree for specific performance of contract and as such, the defendant Nos. 1-5 prayed for dismissal of the suit. 4. Mr. Mahmudul Islam, learned Counsel, appearing for the petitioner ..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
....ity, to withdraw the writ petitioner from University after cancelling the order of deputation. The Director General, B.A.R.I. ultimately cancelled the deputation order by order dated 17.3.2005 (Annexure-M) and the Sher-E-Bangla Agricultural University on the same date i.e. 17.3.2005 released the......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......2000 and Title Appeal No. 120 of 2002 challenging his transfer from BARI to Bangladesh Agriculture Institute, which is the cause of action in the writ petition. He further submits that the facts of dismissal of Title Suit as well as Title Appeal have not even been mentioned in the writ petition a..Category: Employment/Service Law | Date: | Hits: 89
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