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Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
....4, that is Kha schedule land, has been wrongly recorded in the name of Rajab Ali and then he filed Title Suit No. 256 of 1973 against them and since they failed to appear the above suit was decreed ex parte and that regarding .21 acres of land of Plot No. 243, which is Ka schedule land, the plai......that is Kha schedule land, has been wrongly recorded in the name of Rajab Ali and then he filed Title Suit No. 256 of 1973 against them and since they failed to appear the above suit was decreed ex parte and that regarding .21 acres of land of Plot No. 243, which is Ka schedule land, the plainti...... there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 135. ..Category: Property Law | Date: | Hits: 25
Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)
....ectively, posted the above suit for hearing and but the hearing of the suit was adjourned on 19.8.1982, 21.9.1982 and 22.11.1982 and it was ultimately taken up for hearing on 23.1.1983 and decreed ex parte on 15.2.1983. Then on depositing the balance consideration money on 6.9.1983 the appellan......ively, posted the above suit for hearing and but the hearing of the suit was adjourned on 19.8.1982, 21.9.1982 and 22.11.1982 and it was ultimately taken up for hearing on 23.1.1983 and decreed ex parte on 15.2.1983. Then on depositing the balance consideration money on 6.9.1983 the appellant f...... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ..Category: Civil Law | Date: | Hits: 71
Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)
....ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ......rving second show cause notice dismissed the respondent i.e. the respondent No.1 herein i.e. the petitioner before the Administrative Tribunal, he preferred departmental appeal against the order of dismissal and that as the appellate authority delayed disposal of the appeal he filed the case bef..Category: Administrative Law | Date: | Hits: 96
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
.... hearing on the 21st day of May, 2000 the High Court Division was pleased to issue Rule Nisi calling upon the respondents petitioner to show cause as to why the impugned order dated 21.01.1996 (Annexed as Annexure-A to the Writ Petition No.2727 of 2000) passed by the respondent No.1 shall not be......banks through Credit Information Bureau of Bangladesh Bank was also annexed with the application made before the High Court Division. 6. Being aggrieved by and dissatisfied with the ex-parte final decree and also due to the illegal claim of Tk.1,31,69,377.06 by Mortgage D......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ..Category: Property Law | Date: | Hits: 37
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
.... remaining 5 annas 6 gondas 2 karas and 2 kranti share. Keamuddin died leaving sons, Mafizuddin, Hamejuddin and Md. Bayati and daughter Lalson Bibi and widow Maiful Bibi. All the heirs of Keamuddin except Md. Bayati and Someruddin jointly sold 13.14 acres of land to Fatik Mollah, Hachon Mollah, ......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......ffs then preferred the instant civil revisional application and the learned Single Judge of the High Court Division made the Rule absolute after setting aside the concurrent judgment and decree of dismissal of the suit by the trial court and the court of appeal. 5. Leave was granted to con..Category: Property Law | Date: | Hits: 28
Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....e Mm from the Madrasha and by memo dated 05.06.1999 directed him to show cause within 12.06.1999. The writ petitioner replied to that show cause notice being repentant and remorseful and prayed for exoneration. Thereafter, the respondent No. 9 again served another show cause notice on him asking......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 108. ......mination and approval. The Appeal and Arbitration Committee of the Bangladesh Madrasha Education Board after hearing both the sides and perusing the relevant papers took unanimous decision that the dismissal of the writ petitioner from the post of Lecturer of the Madrasha was not in accordance wi..Category: Employment/Service Law | Date: | Hits: 77
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....but it was revealed to the police that respondent No.3 took possession of the property in question by obtaining an allotment letter from District Management Board of Abandoned House, Bogra and Police expressed their inability to do anything. Thereafter, the petitioner applied to the Deputy Commissio......if, Dhaka against respondent Nos.1-2 and Executive Engineer and Sub-divisional Engineer, Abandoned Building Division, Bogra for declaration of his title in the case land and the suit was decreed ex parte on 17-03-1985. Thereafter, the appellant again applied to Deputy Commissioner, Bogra along wit......d as Title Suit No.119 of 1990, which was dismissed for default. Thereafter, the appellant filed Miscellaneous Case No.50 of 1990 under Order 9, Rule 4 of the Code of Civil Procedure to set aside the dismissal order but the said Miscellaneous case was dismissed for default. The petitioner then ins..Category: Tenancy Law | Date: | Hits: 155
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....t Division held that since there is a provision in Section 6 of the said Ain for furnishing bank guarantee for filing an application under Order 9 Rule 13 of the Code of Civil Procedure against the ex parte decree and since it is impracticable to deposit huge cash money by chalan and since there ......ivision held that since there is a provision in Section 6 of the said Ain for furnishing bank guarantee for filing an application under Order 9 Rule 13 of the Code of Civil Procedure against the ex parte decree and since it is impracticable to deposit huge cash money by chalan and since there is ......ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ..Category: Banking Law | Date: | Hits: 96
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
.... 4. The writ-respondent No.5 contested the rule issued in both the writ petitions contending that the case land was acquired by the Government to enable the writ-respondent No.5 to set up their export-oriented industry, which was for public purpose, by issuing notice under section 3 of the A......5 of 2000). Faruque Ahmed, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent Nos. 1-7 (In Civil Appeal Nos. 136 & 138 of 2000). Ex-parte- For Respondent Nos.8 & 10-13. (In Civil Appeal No. 135 of 2000). For Respo......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
.... to Abala Sundari and delivered possession to her. RS Khatian finally stands recorded in the name of Abala Sundari. The suit land was hillock and full of jungle. Abala Sundari converted the same by expending huge amount of money. Abala Sundari while in possession made an agreement for sale with t......tiffs filed the present suit for declaration of their title. 3. The defendant did not appear in the suit in spite of due notice and, as such, the learned trial Court took up the suit for ex parte hearing and by Order No.1 dated 23-3-1991 the trial Court decreed the suit ex parte. Against ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ..Category: Property Law | Date: | Hits: 20
Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 2008, 37 CLC (AD)
....correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ......correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ......ling an application under Order 9 Rule 13 of the Code of Civil Procedure but the said Miscellaneous Case was dismissed. Thereafter Miscellaneous Appeal No. 51of 2003 was filed against the order of dismissal of the said Miscellaneous Case but this appeal was also dismissed by the judgment and ord..Category: Property Law | Date: | Hits: 22
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and others, 2005, 34 CLC (AD)
....heir names, that in L.A. Case No. 17 of 1957-58 land measuring 139.01 acres of mouza Mohakhali, Karail and Lalasarai were acquired and possession thereof was handed over to the T&T Board, that except 139.01 acres of land no other land was acquired in L.A. Case No. 17 of1957-58, that although...... the Respondent No. 5 and that the other Advocate who filed the vocalatnama was absent at the time of hearing of the writ petition and as such the writ petitions were disposed of ex-parte as against the writ-Respondent No. 5. 11. The High Court Division while heard th...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ..Category: Property Law | Date: | Hits: 56
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....dated September 28, 1987 of the Court of Subordinate Judge, (now Joint District Judge) Pabna in Other Class Suit No. 79 of 1982 decreeing the same on contest against the defendant Nos. 1 and 2 and ex-parte against the rest. The suit was filed seeking declaration of title in respect of 5.43 acre......ed September 28, 1987 of the Court of Subordinate Judge, (now Joint District Judge) Pabna in Other Class Suit No. 79 of 1982 decreeing the same on contest against the defendant Nos. 1 and 2 and ex-parte against the rest. The suit was filed seeking declaration of title in respect of 5.43 acres o......not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ..Category: Property Law | Date: | Hits: 25
Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
....it as a whole. 2. Short facts are that the respondent No.2, Janata Bank, instituted the above suit for realisation of Tk.22,52,700.48 by selling the mortgaged property. The suit was decreed ex parte against the defendants. On a proceeding under Order 9 Rule 13 of the C.P.C. the suit was r......as a whole. 2. Short facts are that the respondent No.2, Janata Bank, instituted the above suit for realisation of Tk.22,52,700.48 by selling the mortgaged property. The suit was decreed ex parte against the defendants. On a proceeding under Order 9 Rule 13 of the C.P.C. the suit was rest......he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ..Category: Civil Law | Date: | Hits: 78
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
....Revision No. 1303 of 1995 making the Rule absolute. 2. The plaintiff filed Other Class Suit No.81 of 1990 in the Court of Assistant Judge, Ulipur, District-Kurigram for setting aside the ex-parte decree dated 15.11.1974 passed in Other Class Suit No.575 of 1974 stating, inter alia, th......ision No. 1303 of 1995 making the Rule absolute. 2. The plaintiff filed Other Class Suit No.81 of 1990 in the Court of Assistant Judge, Ulipur, District-Kurigram for setting aside the ex-parte decree dated 15.11.1974 passed in Other Class Suit No.575 of 1974 stating, inter alia, that ......gent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 161; V ADC (2008) 245. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)
....udge (now Joint District Judge), Bagerhat, passed in Miscellaneous Case No.45 of 1995 (registered upon an application filed under Order 9, Rule 13 of the Code of Civil Procedure) setting aside the ex parte decree passed in Title Suit No. 50 of 1993 on February 12, 1995. 2. Facts, in short......e (now Joint District Judge), Bagerhat, passed in Miscellaneous Case No.45 of 1995 (registered upon an application filed under Order 9, Rule 13 of the Code of Civil Procedure) setting aside the ex parte decree passed in Title Suit No. 50 of 1993 on February 12, 1995. 2. Facts, in short, a......d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ..Category: Property Law | Date: | Hits: 23
Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)
....r Class Suit) No. 17 of 1996 decreeing the same in favour of the Respondent No. 2 i.e. Sonali Bank, Branch at Munshipara, Dinajpur against the petitioner on contest and against the other defendants ex-parte. The Bank filed the Artha Rin Adalat Case claiming Tk. 1,10,84,572/-. 2. The suit ......lass Suit) No. 17 of 1996 decreeing the same in favour of the Respondent No. 2 i.e. Sonali Bank, Branch at Munshipara, Dinajpur against the petitioner on contest and against the other defendants ex-parte. The Bank filed the Artha Rin Adalat Case claiming Tk. 1,10,84,572/-. 2. The suit was......f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ..Category: Civil Law | Date: | Hits: 73
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
..... Judge, Sadar, Joypurhat in S.C.C. Suit No.3 of 1998 dismissing the same. 2. The respondent as plaintiff instituted the aforesaid S.C.C. Suit No. 3 of 1998 in the Court of Senior Assistant Judge, exercising Small Cause Courts Jurisdiction, Sadar, Joypurhat, impleading the petitioner praying for ......of the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 789.......riculturist and he is in no way connected with any business and that the plaintiff and his brothers have got other shop premises and instituted the present suit to make unlawful gain and prayed for dismissal of the suit. 4. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the petitioner s..Category: Tenancy Law | Date: | Hits: 151
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....l No. 82 in the name of M. Monju, respondent No. 6, vide tender schedule No. 163 as the highest bidder at Tk. 16,67,000/-. Though tender sale No. 10/97 as per catalogue sale No.94 was withdrawn (Annexure-C to the writ petition) but the same being approved by (Annexure-G to the writ petition......ed: Kazi Shahbuddin Ahmed, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Md. Nawab Ali, Advocate-on-Record-For Respondent No. 6. Ex-parte-Respondent Nos. 1-5. Civil Appeal No. 120 of 1997. (From the judgment and ord......nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ..Category: Others | Date: | Hits: 80
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....taking steps in the suit, that Mazid Mia being gained over by the defendant Nos. 1-27 did not take steps in the suit and that finally defendant Nos.1-27 upon practising fraud on the Court obtained ex parte decree on July 18,1988 in preliminary form and the said decree was made final on August 3......ing steps in the suit, that Mazid Mia being gained over by the defendant Nos. 1-27 did not take steps in the suit and that finally defendant Nos.1-27 upon practising fraud on the Court obtained ex parte decree on July 18,1988 in preliminary form and the said decree was made final on August 30, ......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ..Category: Property Law | Date: | Hits: 25
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