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Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....pondent No.1. the Registrar of Trade Union declaring the committee formed under the leadership of Gazi Habibur Rahman and Md. Shafiqur Rahman respondent Nos. 5 and 6 of the writ petition to be executive Committee of Dhaka Water and Sewerage Authority (WASA) Sramik Karmachari Union and certi...... Ahsanullah Ullah Patwary, Advocate-on Record-For Respondent Nos. 1-2. Abdur Razzak, Senior Advocate, instructed by Aftab Hossain Advocate-on-Record-For Respondent No. 30 (added). Ex-parte-Respondent Nos. 3, 4, 9 11, 13,14, 16, 19. Civil Appeal No. 135 of 2001. (From......allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ..Category: Labour and Industrial Law | Date: | Hits: 100
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......te, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Khalilur Rahman, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Ex-parte-Respondent Nos. 2-4. Civil Appeal No. 50 of 2002. (From the Judgment and Order...... Palli Biddyut Samity Service Rule. The Respondent No. 1 on being acquitted by the judgment of the High Court Division filed application on February 12, 1998 for setting aside the order of dismissal and to restore into his post with all benefits and privileges. In spite of repeated remai..Category: Employment/Service Law | Date: | Hits: 83
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....said dacoits took away their cash money and bundles of clothe from their possession. They threw the boatman Entaz Ali into the river and the boatman's dead-body was recovered from the river on the next Friday. When informant P.W.1 Babu Mia's father Mouser Ali shouted, the dacoits gave him blows ...... Judgment April 9, 2002. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant. Ex-parte- the Respondents. Criminal Appeal No. 1 of 1995. (From the judgment and order d......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ..Category: Criminal Law | Date: | Hits: 49
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
.... as notified in the said notification and obtain release of the goods in question. He made a representation to the Chairman, National Board of Revenue, and respondent No. 3, on 15.3.90 praying for exemption from payment of additional duties and taxes livable on the said consignment on the b...... others, 48 DLR (AD) 199. Lawyers Involved: Dr. Kamal Hossain Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on-Records-For the Appellants (In all appeals). Ex-parte- the Respondents (In all appeals). Amicus Curiae-K. S. Nabi, Attorney General. ......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 199
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....ssain and Noor Mohammad who owned and possessed the same for more than 12 years and thereafter Noor Mohammad died leaving his uncle Fida Hossain as his sole heir and as such Fida Hossain became the exclusive owner of the said 0.06 acres of land that said Fida Hossain transferred 0.04 acres o...... Senior Advocate, instructed by Md. Sajadul Huq, Advocate-on-Record-For the Appellant. Sk. Afzalul Huq, Advocate, instructed by Md. Nawab Ali, Advocate-on Record-Respondent No. 2. Ex-parte-Respondent Nos. 1, 3-5. Civil Appeal Nos. 95 of 1994. (From the Judgment and o......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ..Category: Property Law | Date: | Hits: 23
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....nfirmation of possession and for permanent injunction on the assertions made in the plaint. The predecessor of the defendant petitioner filed written statement. The suit was fixed on 23.10.1989 for ex parte hearing. On that date the defendant did not appear and take any step. Accordingly the suit......rmation of possession and for permanent injunction on the assertions made in the plaint. The predecessor of the defendant petitioner filed written statement. The suit was fixed on 23.10.1989 for ex parte hearing. On that date the defendant did not appear and take any step. Accordingly the suit wa......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ..Category: Procedural Law | Date: | Hits: 84
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
...., he was serving in Dagon Bhuiyan Electric Supply on being transferred from Raipur Electric Supply, where he was Resident Engineer, was server with the letter dated 23 July 1994 asking him to explain why disciplinary action under the Bangladesh Power Development Board (Employees) Service Ru...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......rity on receiving the report of the Enquiry officer issued second show cause notice on 20 November, 1994 annexing copy of the enquiry report asking the appellate to show cause as to why penalty of dismissal from service shall not be imposed upon him. The appellant replied to the second show caus..Category: Employment/Service Law | Date: | Hits: 69
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
....s imprisonment for five years with a fine of Tk. 1,000/- each in default to suffer rigorous imprisonment for one month more. 3. Section 326 of the Penal Code provides that whoever except in the case provided for by section 335 voluntarily causes grievous hurt by means of any ins...... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ......ts as aforesaid. Thereafter these two appellants along with another preferred Criminal Appeal No.1933 of 1993 before the High Court Division wherein the appeal was dismissed. Against this order of dismissal of the appeal the present appellants preferred Criminal Petition for leave to appeal wher..Category: Criminal Law | Date: | Hits: 78
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....viction and sentence passed against him by the said Tribunal Court on the ground that there is absolutely no evidence against him supporting the conviction and sentence. In this case prosecution examined as many a 4 P.Ws P.W.1 is the informant Badsha Miah and P.W. 2 is Nur Jahan, a neighbour of......d to- Shar Ali (Md) and others Vs. The State, 46 DLR (AD) 67; Alamgir Hossain Vs. The State 46 DLR (HC) page 630; Lawyers Involved: Md. Nowab Ali, Advocate-in-Record-For the appellant. Ex-parte-the respondent. Criminal Appeal No. 21 of 2001. (From the judgment and order dated 15.......asons and discussions made above, we find no merits in this appeal and as such, it is dismissed accordingly. Ed. This Case is also Reported in: 1 ADC (2004) 57; 22 BLD (AD) 229; 8 BLC (AD) 176. ..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....t the impugned notice bearing No. ALC/681/76 dated 29.12.1976 is illegal and of no legal effect. It was also declared that possession of the suit land from the plaintiffs cannot be recovered except in due process of law. But in the meantime though the original suit was dismissed on 22......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......ice and also praying for declaring tenancy right over the suit property. Though the suit was dismissed in the trial court but the same was decreed in the appellate court but immediately after dismissal of the suit on 22.8.1989 even before drawing up the decree and offering some time to pref..Category: Property Law | Date: | Hits: 31
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
.... Khatian No. 1192 S. A. Khatian No. 2392 and S. A. Dag No. 5953, Hal Khatian No. 2393/3 of Mouza Shahar Dhaka. The respondent No. 1 assured that he would hand over vacant possession of the land and execute a sale deed on receiving balance of consideration money but he failed to do so. Ultimately ......ers Vs. The State 28 DLR (AD) 38. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. Ataur Rahman Khan, Advocate-on-Record-For Respondent No. 1. Ex-parte- Respondent No. 2. Criminal Appeal No. 40 of 2001. (From the judgment and ord......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ..Category: Criminal Law | Date: | Hits: 45
Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)
....ication was rejected and the defendants were directed to get ready to take part in the hearing. The defendants failed to participate in the hearing and ultimately the date was on 30.8.2000 for ex-parte disposal. On 30.8.2000 the defendant made an application for withdrawal of the suit f......tion was rejected and the defendants were directed to get ready to take part in the hearing. The defendants failed to participate in the hearing and ultimately the date was on 30.8.2000 for ex-parte disposal. On 30.8.2000 the defendant made an application for withdrawal of the suit from......any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ..Category: Property Law | Date: | Hits: 22
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
....t the suit land belonged to Kurban Ali who took loan from Karam Ali Sheikh but the loan remained unpaid. Kurban Ali died without payment of loan. Hence Karam Sheikh filed money suit and obtained an ex parte decree against the heirs of Kurban Ali on 8.1.1923. On 23.9.1923 in execution of the said......e suit land belonged to Kurban Ali who took loan from Karam Ali Sheikh but the loan remained unpaid. Kurban Ali died without payment of loan. Hence Karam Sheikh filed money suit and obtained an ex parte decree against the heirs of Kurban Ali on 8.1.1923. On 23.9.1923 in execution of the said dec......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ..Category: Property Law | Date: | Hits: 25
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....le Suit No.36 of 1985 in the Court of the then Munsif (now Assistant Judge), Derai, Sunamganj for declaration of his right, title and interest in the suit land and for further declaration that the ex parte decree dated 27.5.1985 of the same very Court passed in Title Suit No. 30 of 1985 is illeg......Suit No.36 of 1985 in the Court of the then Munsif (now Assistant Judge), Derai, Sunamganj for declaration of his right, title and interest in the suit land and for further declaration that the ex parte decree dated 27.5.1985 of the same very Court passed in Title Suit No. 30 of 1985 is illegal,......r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ..Category: Property Law | Date: | Hits: 22
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
....ed in Civil Revision No. 3506 of 2005 by the High Court Division rejecting an application for vacating the order of stay passed on 25.08.2005 and the order staying the proceeding of the execution case on 08.04.2006 which was extended lastly on 08.05.2006 be recalled and ......n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ...... error in holding that the case of the petitioner was contested in the S.C.C. Suit; that as Civil Revision No.77 of 2006 is now pending in the Court of the District Judge against the order of dismissal dated 04.04.2006 of Miscellaneous Case No. 33 of 2005 under Order 21 Rule 97, 98 and 99 o..Category: Civil Law | Date: | Hits: 94
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
....Suit No. 139 of 1994. 2. The facts of the case are that the plaintiffs instituted Title Suit No. 139 of 1994 in the Court of Assistant Judge, Paikgacha, Khulna for declarations that the ex parte judgment and decree dated 02.06.1962 passed by the learned Subordinate Judge, Khulna in Ti......t No. 139 of 1994. 2. The facts of the case are that the plaintiffs instituted Title Suit No. 139 of 1994 in the Court of Assistant Judge, Paikgacha, Khulna for declarations that the ex parte judgment and decree dated 02.06.1962 passed by the learned Subordinate Judge, Khulna in Title...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ..Category: Property Law | Date: | Hits: 23
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....he sale of 366 Kanals, 4 Marlas of land to her on the 5th May, 1949, for Rs. 20,000/-, out of which he received an advance of Rs. 16,000 and agreed to receive the balance of sale price at the time of execution and registration of sale deed after the Custodian had given the sanction for the proposed ......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ..Category: Property Law | Date: | Hits: 28
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
....tee in collusion with his fellow men has been taking away money from the Waqf Estate without maintaining any proper account inspite complaint to the office of the Administrator of Waqf Estate. The executive body of the Waqf Estate Committee took a resolution to extend the period of the executive......he said report. Thereafter the Respondent No.1, Administrator of Waqf appointed Haji Sahidullah Munshi, Respondent No. 2, as Mutwalli of the Waqf Estate on 26.08.2003 by its impugned order. The ex parte order was passed without hearing the petitioner and without serving any notice to him having...... we do not find any substance in this application for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 105. ..Category: Trust/Waqf Law | Date: | Hits: 173
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
....ugh Title Execution Case No. 5 of 1993 and finding no other alternative they on 20.10.2005, filed an application in Title Execution Case No.5 of 1993 praying for stay of further proceedings of the execution case and the learned Joint District Judge having rejected the above prayer for stay by or...... after the decree, is not a good ground for stay of execution. 5. The learned counsel for the petitioners submitted that the High Court Division fell in error in not considering that the ex parte decree sought to be executed is one for recovery of possession and the petitioner has filed t......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) 153. ..Category: Property Law | Date: | Hits: 18
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....arishad against the defendant No.1 for having cut away bamboos from lot No.5567 by force, taken possession and created house thereon, which was not contested by the defendants and plaintiffs got an ex parte order of compensation. The defendant also forcibly took possession of some lands that, we......shad against the defendant No.1 for having cut away bamboos from lot No.5567 by force, taken possession and created house thereon, which was not contested by the defendants and plaintiffs got an ex parte order of compensation. The defendant also forcibly took possession of some lands that, wee i......nce and as such the impugned judgment and order does not call for our interference and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 147. ..Category: Property Law | Date: | Hits: 37
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