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Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....earned Additional Assistant Judge, First Court, Dhaka in dismissing the Miscellaneous Case No. 13 of 1995 filed by the defendant under Order 9 Rule 13 of the Code of Civil Procedure for setting aside ex parte decree dated 19.8.1995 passed in Title Suit No. 1 of 1995. 2. Short facts are that the p......ned Additional Assistant Judge, First Court, Dhaka in dismissing the Miscellaneous Case No. 13 of 1995 filed by the defendant under Order 9 Rule 13 of the Code of Civil Procedure for setting aside ex parte decree dated 19.8.1995 passed in Title Suit No. 1 of 1995. 2. Short facts are that the plai...... Baten reported in 2 BLT (AD) page 90 and submitted that in that case the delay of 4 (four) years was not condoned. In that case the writ petition was filed 4 (four) years after the impugned order of dismissal of the writ respondent under MLR 9. 13. The learned Additional Attorney General submit..Category: Limitation Law | Date: | Hits: 241
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
.... Petition challenging the impugned notice dated 30-4-94. It is their case that Anwar Rahim and Akhter Rahim themselves and as "attorney of their sister Mrs. Razia Rahim, respondent No. 4 duly executed and registered the sale deed in favour of the appellants. The plan was sanctioned in 1989 ......or Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner. Md. Hannan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For respondent No. 4. Ex parte-Respondent Nos. 1-3. Civil Appeal No. 106 of 1997 (From the Judgment and Order ......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ..Category: Property Law | Date: | Hits: 35
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....a in Appeal No. 317 of 1996 allowing the appeal reversing judgment and order dated 14.2.1996 passed by the Administrative tribunal in Administrative Tribunal Case No. 45 of 1995 dismissing the case ex parte. 2. The respondent filed the above Administrative Tribunal Case No. 45 of 1995 stat......n Appeal No. 317 of 1996 allowing the appeal reversing judgment and order dated 14.2.1996 passed by the Administrative tribunal in Administrative Tribunal Case No. 45 of 1995 dismissing the case ex parte. 2. The respondent filed the above Administrative Tribunal Case No. 45 of 1995 stating......ption in the charge sheet. The learned counsel further submits that the Administrative Appellate Tribunal erred in law in interfering with the departmental proceeding in setting aside the order of dismissal. 4. The learned counsel appearing for the respondent on the other hand submits tha..Category: Administrative Law | Date: | Hits: 94
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....uppress the said forgery the appellants and respondent No. 3 in collusion with each other opened a new peon book for service of the fraudulently created letter of dismissal by passing the existing running peon book where in also some cutting of dates appeared. The appellants submitted t......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......7.07.1996 but immediately after receipt of reply to the notice to show cause the appellants in collusion with each other illegally and arbitrarily dismissed the respondents showing the date of dismissal to be 25.07.1996 which was actually prepared on 27.07.1996 by interpolating the said date..Category: Criminal Law | Date: | Hits: 49
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....after the property of the said testator, Trailakha Nath Roy during his old age till his death. Trailakha Nath Roy made a will on 25.5.1990 and he died on 12.01.1991. Swarashati Roy was named as the executrix in the said will, Swarashati Roy and her son Bolai Roy filed Probate Case No. 2 of 1992 i......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ..Category: Property Law | Date: | Hits: 74
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....e-emptor respondents No.1-3 filed Miscellaneous case No. 1 of 1992 seeking preemption of 2½ decimals of land transferred to the pre-emptee appellant by the respondent No.4 by the kabala executed on 21.11.1991 and registered on 24.02.1992 claiming co-sharership in the disputed holding ......ior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos.1 -3. Ex-parte-Respondent Nos.4-5. Civil Appeal No.12 of 1998. (From the Judgment and Order da......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..Category: Property Law | Date: | Hits: 44
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....er pleased to stay all further proceedings of Money Execution Case No. 4 of 1993 of the 4th Court of Subordinate Judge, Dhaka initially for 6 months by an order dated 26.8.1993 which was extended till disposal of the Rule by an order dated 18.8.1994. 4. It has been asserted by t......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......ed to take notice of the fact that the plaintiff respondent opposite party No. 1 has entered appearance in the Rule on 4.3.1996 which was on record through office note dated 12.3.1996 recording dismissal of the Rule and this appearance of the plaintiff-respondent could give an idea to the ef..Category: Procedural Law | Date: | Hits: 94
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....rces, Bangladesh Secretariat, Dhaka and others.........Respondents. (In both the appeals) Judgment October 26, 2002. Case Referred To- Md. Torab Ali Vs. Bangladesh Textiles Mills Corporation, 41 DLR 138. Lawyers Involved: Abdur Rob Chowdhury, Senior......Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. (In both the Appeals) B. Hossain, Advocate-on-Record-For the respondent No. 3 (In both the appeals) Ex-parte-Respondent Nos. 1-2, 4-6 (in both the appeals) Civil Appeal Nos. 320 & 321 of 2001......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ..Category: Employment/Service Law | Date: | Hits: 89
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
....his landlord and without arranging for payment his rent as it falls due, and cases to cultivate his holding either by himself or by some other person, the landlord may, at any time after the expiration of the agricultural year in which the raiyat or under raiyat so abandons and ceases to ......r, Advocate, instructed by Md. Nawab All, Advocate-on-Record-For the Appellant. Ozair Farooq, Senior Advocate, Instructed by Aftab Hossain, Advocate-on-record-For Respondent No. 1. Ex-parte- Respondent Nos. 2-8. Civil Appeal No. 46 of 2001. (From Judgment and order da....... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ..Category: Property Law | Date: | Hits: 26
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....after the property of the said testator, Trailakha Nath Roy during his old age till his death. Trailakha Nath Roy made a will on 25.5.1990 and he died on 12.01.1991. Swarashati Roy was named as the executrix in the said will. Swarshati Roy and her son Bolai Roy filed Probate Case No. 2 of 1992 in......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ..Category: Civil Law | Date: | Hits: 114
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....sident with regard to dismissal of the appellate but not for drawing proceeding. Such violation of the requirement of law makes the proceeding illegal and without jurisdiction. 7. Next ground on which the leave was granted is that an application for review to the appointing autho......refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......consultation with Public Service commission and as he had obtained prior approval on 3.12.1989 from the President of Bangladesh no illegality is committed by the Secretary in passing the order of dismissal dated 3.12.1989 and the Administrative Appellate Tribunal erred in law in setting asid..Category: Employment/Service Law | Date: | Hits: 62
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....hat Syed Siddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co sharer tenants. The wife and sons executed a power of attorney in favour of syed Amzad Hossain who is also a son of Syed Siddique Hos......hy;ly, when the attorney failed to execute and register a Kabala in favour of the pre-emptee appellant she brought O.S. No. 9 1975 for specific performance of contract and obtained an ex parte decree which was executed and a kabala was registered with respect to the disputed ......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ..Category: Property Law | Date: | Hits: 28
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....rned to Bangladesh and applied for reinstatement in the service of BPDB with a prayer for maintaining his seniority from the date of first appointment; in its 356th meeting date 4.10.1987 (Annexure B) the Board of BPDB decided that he would be re-employed on the same terms and conditions as......cate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Ex-parte-Respondent Nos. 2-9. Civil Appeal No. 38 of 1998 (From the judgment and order d......ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ..Category: Employment/Service Law | Date: | Hits: 82
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
....es under Sections 19 (a) and (f) of the Arms Act. Accused Tafazzel Hossain alias Shahjahan pleaded innocent and claimed to be tried. The other accused, Amir Hossain, admitted his guilt but offered explanation that he was a Rickshaw puller and accused Tafazzel Hossain handed over a packet to him ......hellip;….Respondent Judgment July 1, 2003. Lawyers Involved: Farooq Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Ex-parte-the Respondent. Criminal Appeal No. 2 of 2002 (From the Judgment and Order dat...... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ..Category: Criminal Law | Date: | Hits: 41
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....he Limitation Act, 1908 then in such a case an application seeking condonation of delay filed under section 5 of the Limitation Act is very much entertainable and if the court is satisfied with the explanation offered as to how delay occurred, then it is quite competent to condone the delay. Artic......e direction to register the appeal…………..(10) Lawyers Involved: K. Z. Alam, Senior Advocate, instructed by Md. Ahsanullah Patwery, Advocate-on-Record-For the Appellants. Ex-parte- the Respondent. Criminal Appeal No. 3 of 2002 (From the Judgment and Order dated 14.08.......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ..Category: Criminal Law | Date: | Hits: 109
Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)
....ntiff-petitioners. 2. The predecessor of the plaintiff-petitioners instituted Title Suit No. 46 of 1985 in the Court of the learned Assistant Judge, Lohagora, Narail and the suit was decreed ex parte on 26.02.1995. The respondent Nos.1 and 2 being the defendants in the suit filed an......ff-petitioners. 2. The predecessor of the plaintiff-petitioners instituted Title Suit No. 46 of 1985 in the Court of the learned Assistant Judge, Lohagora, Narail and the suit was decreed ex parte on 26.02.1995. The respondent Nos.1 and 2 being the defendants in the suit filed an ap......aneous Case No. 24 of 1995 was started and that during pendency of the aforesaid Miscellaneous Case the plaintiff filed a solenama purported to have been executed between the parties and prayed for dismissal of the Miscellaneous Case for non-prosecution and the learned Assistant Judge accordingl..Category: Property Law | Date: | Hits: 25
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....l by the respondent No. 1 Executive Engineer, Local Government Engineering Bureau who was dismissed from Service on 9tn May, 1991 on the ground of being absent without leave or reasonable excuse from the place where he was transferred it may be mentioned case before AT and AAT was......to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......smissed by the office order communicated under the signature of the then secretary, of the Ministry of LGRD and co operatives. The respondent No.1 challenging the legality of the order of his dismissal filed A.T. case No.135 of 1991 before the Administrative Tribunal (A.T), Dhaka. 5...Category: Administrative Law | Date: | Hits: 95
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
....r. But on perusal of the judgment of the lower appellate Court find that the pearled appellate Court while reversing the finding of the trial Court has not reassessed the evidence of the parties to examine the findings recorded by the trial Court adequately and satisfactorily. Furthermore, I f......eal is allowed without any order as to costs. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by S.R. Khaoshnabish, Advocate-on-Record-For the Appellants. Ex-parte- the Respondents. Civil Appeal No. 28 of 2000. (From the Judgment and order ...... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ..Category: Procedural Law | Date: | Hits: 76
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
....eading to this petition is that defendant-appellant wanted to sent his son to middle east for earning his livelihood and as money was required for the purpose defendant No.1 Sree Purna Chandra Das executed an unregistered bainapatra on 24.11.1991 for selling 4.32 acres of land to the plaint......r Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For appellants. S. S. Haider, Senior Advocate instructed by Md. Ataul Huq, Advocate-on-Record-For Respondent No.1. Ex parte- Respondent No. 2. Civil Appeal No. 72 of 1997. (From the judgment and order da...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ..Category: Property Law | Date: | Hits: 32
Aminul Islam Vs. Mr. Tawhid Ahmed Siddique and others, 2004, 33 CLC (AD)
.... Respondent Nos.1-3 were placed above the appellant. The Respondent Nos.1-3 were promoted to the post of Executive Engineer with effect from 27.1.1977 and the appellant was promoted to the post of executive Engineer with effect from November 30, 1977. The appellant represented to the Dhaka Elect......vocate-on-Record-For the Appellant. Mahmudul Islam, Senior Advocate (Probir Kumar Neagi, Advocate with him) instructed by Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Ex-parte-Respondent Nos. 4-7. Civil Appeal No. 581 of 2001. (From the Judgment and Order...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 306. ..Category: Employment/Service Law | Date: | Hits: 72
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