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Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....rchased the land on 19.9.1961 by registered deed of sale and has been in possession since then and that the learned Assistant Judge decreed the suit on the finding that by the patta dated30.4.1936 executed by Nilambor Mahajan only .07 acres of land in R. S. Plot No. 2543 was settled with Nolini ......ucted by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Mahmudul Islam, Senior Advocate, instructed by Ahsanullah Patwary, Advocate-on-Record-For Respondent No. 1. Ex-parte-Respondent No. 2. Civil Appeal No.112 of 1999 (From the judgment and order dat......terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ..Category: Property Law | Date: | Hits: 29
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ty gifted his entire property to Arun Kumar Chakravarty by the deed of gift dated December 28, 1973, that Arun sold 1.30 acres of land to the plaintiff Nos.1-4 by the kabala executed on November 1977. Arun Kumar Chakravarty also sold 22 ½, decimals of land to the pl......dge about the transfers to the plaintiffs created fabricated documents showing Monoranjan as the executent of the said kabalas and that filed a suit being No. 29 of 1978 and obtained ex-parte decree resorting to fraud. 4. The suit was contested by the defendant No.1 denying th......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ..Category: Property Law | Date: | Hits: 20
Mst. Renu Khatun and another Vs. Md. Enayet Hossain Mondal and others, 2006, 35 CLC (AD)
....t Judge, Sirajganj in Miscellaneous Case No. 11 of 1999 dismissing the same. The Miscellaneous case was filed under Order 9, Rule 13 of the Code of Civil Procedure seeking setting aside of the ex-parte order dated February 22, 1998 allowing the prayer for preemption. The pre-emptee as a......udge, Sirajganj in Miscellaneous Case No. 11 of 1999 dismissing the same. The Miscellaneous case was filed under Order 9, Rule 13 of the Code of Civil Procedure seeking setting aside of the ex-parte order dated February 22, 1998 allowing the prayer for preemption. The pre-emptee as agai......ment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 651. ..Category: Civil Law | Date: | Hits: 89
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....1983 dismissing the same. The Miscellaneous Case was registered upon an application filed on November 6, 1983 under Order IX, rule 13 of the Code of Civil Procedure (CPC) seeking setting aside of the ex parte decree dated September 26,1983 passed in Title Suit No. 849 of 1979. 2. The suit was fil......3 dismissing the same. The Miscellaneous Case was registered upon an application filed on November 6, 1983 under Order IX, rule 13 of the Code of Civil Procedure (CPC) seeking setting aside of the ex parte decree dated September 26,1983 passed in Title Suit No. 849 of 1979. 2. The suit was filed ......e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702...Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....as owning and possessing the property in question he, on August 1,1973, entered into a written agreement to sell the property for a consideration of Taka 28,000 and that upon receiving Taka 27,000 executed a deed of agreement on 1-8-1973, that Mr. SM Hasan delivered possession to the respondent ......ecific performance of contract for sale of land, that the summons of the said suit was served on the defendants including the Government of Bangladesh, that the suit ultimately was decreed ex parte on 15-6-1979 and the respondent through the Court got the kabala executed and registered on S......made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
....e agreement was properly drafted incorporating therein the terms of the agreement agreed upon by both the parties; that several officials of the Deputy Commissioner perused the lease agreement before execution and accordingly it was legally registered and that the defendant-respondent committed neit......, as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ......hat the defendant-respondent committed neither any wrong nor any fraud as alleged but the Deputy Commissioner most illegally cancelled the valid lease and the suit was filed malafide and prayed for dismissal of the suit. 4. Upon recording evidence and hearing the parties the learned Subordinate..Category: Property Law | Date: | Hits: 41
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....en filed by Abul Kashem Howlader only, so the portion of the judgment of the trial court which has been upheld by the appellate Court, needs some modification and accordingly, it is modified to the extent that the ex parte decree is declared as fraudulent against Abul Kashem Howlader only and th......hem Howlader only, so the portion of the judgment of the trial court which has been upheld by the appellate Court, needs some modification and accordingly, it is modified to the extent that the ex parte decree is declared as fraudulent against Abul Kashem Howlader only and the same is not bindin......on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ..Category: Property Law | Date: | Hits: 102
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....tion of his superiors, having a clear record of service. Suddenly, the appellant by letter dated 15-12-86 brought the false and fabricated charges against him and thereby directed him to submit his explanation thereto within 7 days as to why he shall not be dismissed from service or otherwise why......s Involved: MA Mannan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. ASM Khalequzzaman, Advocate-on-Record—For Respondent No. 2. Ex-parte—For Respondent No. 1. Civil Appeal No. 48 of 1998 (From Judgment and Ord......mmittee was closed without cross-examining the employees of the appellant company and the inquiry was conducted in an unfair manner, yet the respondent No. 2 received the order of dismissal on 9-3-87 dismissing him from his service. The respondent No.2 being aggrieved filed a gr..Category: Labour and Industrial Law | Date: | Hits: 117
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
....e not abandoned properties. The Government-appellants did not prefer any appeal before the Appellate Division and the Ministry of Works vide Notification No. 10/Chatta-150/85/1992 dated 24.05.1993 excluded the case properties from the 'Ka' list. One Abdus Sattar who is a tenant, later on allotte...... accordingly made the Rule Nisi absolute. 6. Leave was granted to consider the submission that on 06.03.1997 O.C. Suit No. 109 of 1995 filed by the Government-appellants has been decreed ex-parte and under section 9 of the Code of Civil Procedure the Civil Courts have jurisdiction to try......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
.....1993 dismissing the Miscellaneous Case No. 28 of 1991 registered under 9 Rule 13 read with Section 151 of the Code of Civil Procedure. The Miscellaneous case was filed seeking setting aside of the ex parte decree dated 12.12.1984. 2. Short facts are that the respondents predecessor filed ......93 dismissing the Miscellaneous Case No. 28 of 1991 registered under 9 Rule 13 read with Section 151 of the Code of Civil Procedure. The Miscellaneous case was filed seeking setting aside of the ex parte decree dated 12.12.1984. 2. Short facts are that the respondents predecessor filed Tit......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ..Category: Property Law | Date: | Hits: 25
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....ether with statutory compensation within 4 months from the respective dates of knowledge. The pre-emptee did not appear to contest the Miscellaneous proceedings, all the cases were at first allowed exparte on 17.07.1976 & 11.03.1978. On obtaining the ex parte orders of pre-emption in his fav......her with statutory compensation within 4 months from the respective dates of knowledge. The pre-emptee did not appear to contest the Miscellaneous proceedings, all the cases were at first allowed exparte on 17.07.1976 & 11.03.1978. On obtaining the ex parte orders of pre-emption in his favou......orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ..Category: Property Law | Date: | Hits: 25
Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
.... of Assistant Judge, Additional Court No.1, Khulna for a decree for partition stating, inter alia, that the land of the said jote belonged to Ismail Sk. Hashem Sk. Jobed Sk. Wakhiluddin Sk. to the extent of one anna 10 gondas share each, Jitendra Nath Singha, Dhirendra Nath Singha and Birendra N......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......45 decimals of land and being in right, title and possession thereto transferred 15¾ decimals of land therefrom and the said purchase have been possessing the same and accordingly prayed for dismissal of the suit with cost." 4. The trial Court on consideration of the materials..Category: Property Law | Date: | Hits: 26
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ......ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ......ministrative Appellate Tribunal Appeal No. 8 of 1998 reversing those dated 12-1-1998 passed by the learned Member, Administrative Tribunal Case No. 3 of 1996 allowing the case by declaring that the dismissal order dated 28-1-1995 passed by the Superintendent of Police, Magura and the order dated..Category: Employment/Service Law | Date: | Hits: 91
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....tly the plaintiff's father orally gifted the suit property to the plaintiff and that after the death of Abdur Rahman the plaintiff started a Miscellaneous Case No. 273 of 1974 for setting aside the ex parte decree obtained by one Afseruddin Ahmed in Title Suit No. 99 of 1967 and obtained a decre......the plaintiff's father orally gifted the suit property to the plaintiff and that after the death of Abdur Rahman the plaintiff started a Miscellaneous Case No. 273 of 1974 for setting aside the ex parte decree obtained by one Afseruddin Ahmed in Title Suit No. 99 of 1967 and obtained a decree an......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ..Category: Property Law | Date: | Hits: 25
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
.... No.405 of 1984 before the Sub Judge, 1st Court, Dhaka for Specific Performance of Contract against one Giribala Dasi alleged Sebayiet of Sree Sree Modon Mohan Goura Netai Debo Bigraha obtained an ex parte decree and got sale deed executed by the Court on 06.01.1987 and thereafter, filed t.......405 of 1984 before the Sub Judge, 1st Court, Dhaka for Specific Performance of Contract against one Giribala Dasi alleged Sebayiet of Sree Sree Modon Mohan Goura Netai Debo Bigraha obtained an ex parte decree and got sale deed executed by the Court on 06.01.1987 and thereafter, filed titl...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ..Category: Civil Law | Date: | Hits: 100
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
....The complaint petition contained names of 16 persons so killed along with a list of 34 persons as witnesses. On receipt of the complaint petition containing the aforesaid allegation the Magistrate examined complainant-respondent No. 1 under section 200 of the Code of Criminal Procedure and direc...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......ction (2A) of section 202 of the Code of Criminal Procedure. 2. An application under section 561A of the Code of Criminal Procedure was filed by the petitioner for setting aside the order of dismissal passed by the Court of Magistrate, Magura and to show cause as to why the impugned judgme..Category: Criminal Law | Date: | Hits: 35
Adamjee Sons Ltd. Vs. Jiban Bima Corporation, 2005, 34 CLC (AD)
....reinafter the Act) to make the award Rule of the Court and thereupon Title Suit No.467 of 1982 of the 3rd Court of Subordinate Judge was registered. The Court decreed the Title Suit No. 467 of 1982 ex parte on May 22, 1983. The Respondent i.e. Jiban Bima Corporation filed Execution Case No. 33 of......nafter the Act) to make the award Rule of the Court and thereupon Title Suit No.467 of 1982 of the 3rd Court of Subordinate Judge was registered. The Court decreed the Title Suit No. 467 of 1982 ex parte on May 22, 1983. The Respondent i.e. Jiban Bima Corporation filed Execution Case No. 33 of 19......il 11, 2002 stating that the petitioner did not orally or in writing give instruction to the learned Advocate-on-record not to proceed with the petition for leave to appeal and that because of the dismissal of the petition for leave to appeal the petitioner has suffered irreparable loss and inju..Category: Procedural Law | Date: | Hits: 71
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....science, fair play and equity or prejudicial to the parties before the Tribunal. The practice and procedure in question, in our view, being not negation of justice, there is no good reason to take exception thereto, since taking exception to the practice and procedure follows by the Tribunal rel......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......unal Appeal No. 128 of 2000 which was dismissed for default upon observing "We find the application for restoration has not been filed within a reasonable period i.e. 90 days from the date of dismissal of the appeal. It is the usual practice of this Tribunal that unless the application for ..Category: Administrative Law | Date: | Hits: 95
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
.... that Rupali bank obtained Rule in Civil Revision No. 3227 of 1993 but the High Court Division, upon hearing, discharged the Rule. Then leave was granted at the instance of the Rupali Bank Ltd. to examine the issue as to whether Rupali Bank Ltd. Was no longer a statutory organization but a corpo......r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ...... the suit. 2. The plaintiff instituted the above suit seeking declaration that the order dated 12.11.1997 suspending him from service and the show cause notice dated 14.6.1999 proposing his dismissal from service is illegal, void and not binding upon him on the averments that he, in the y..Category: Employment/Service Law | Date: | Hits: 84
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....6 against Md. Shafi seeking specific performance of the contract in the 1st Court of Subordinate Judge (now Joint District Judge) Dhaka and he after obtaining decree on 26.6.78 put the said decree in execution by filing a Title Execution Case No. 37 of 1978 and got the sale deed executed and registe......d executed and registered in his favour, the Government then filed Miscellaneous Case STO. 248 of 1986 under Order 9, Rule 13 of the Code of Civil Procedure praying for setting aside the aforesaid ex parte decree which was allowed on condition that the Government will pay Tk. 30,000/- and in case of......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ..Category: Property Law | Date: | Hits: 28
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