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Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....rchandise from Singapore to Chittagong on several occasions and in its voyage from Singapore to Chittagong the above vessel after discharging imported goods at Chittagong Port loaded the cargo for export and than applied to the customs authority, Chittagong for clearance but then notice dated 9.......d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......05. Case Referred to- Danish Ali and others Vs. Sakina Bai and others, 4 BLD (AD) 68. Lawyers Involved: Md. Waliul Islam, Advocate-on-Record-For the Appellant Ex-parte-the Respondents. Civil Appeal No. 197 of 2003. (From the judgment and order dat......ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....he Administrative Tribunal within 3 (three) months but filed within 6 (six) months from the date of judgment and order of the Administrative Tribunal i.e. within 3 (three) months on the expiry of the period for filing the appeal prescribed in section 6(2) of the Administrative Tribuna......ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ......inistrative Tribunal, Chittagong in Administrative Tribunal Case No. 9 of 2003. The Administrative Tribunal by the aforesaid judgment and order allowed the case and thereupon set aside the order of dismissal of the respondent herein, petitioner before the Administrative Tribunal. 3. The Ad..Category: Administrative Law | Date: | Hits: 102
Enayet Hossain Vs. Nur Islam Howlader, 2006, 35 CLC (AD)
....king the Rule absolute. 2. Short facts are that father of the petitioners filed Title Suit No. 58 of 1970 in the 6th Court of Munsif (now Assistant Judge), Barisal. The suit was decreed ex parte on 16.01.1971. The respondent No. 1 brought Miscellaneous Case No.15 of 1990 under Order 9......g the Rule absolute. 2. Short facts are that father of the petitioners filed Title Suit No. 58 of 1970 in the 6th Court of Munsif (now Assistant Judge), Barisal. The suit was decreed ex parte on 16.01.1971. The respondent No. 1 brought Miscellaneous Case No.15 of 1990 under Order 9, R......s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ..Category: Procedural Law | Date: | Hits: 91
Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
.....3 of 2004 for restoration of the case on the ground that he was contesting the case and 29.03.2004 he met his engaged Advocate Mr. S.M. Abdullah who assured him that he would inform him about the next date of the case but the learned Advocate neither informed the petitioner nor took any step on......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......Administrative Tribunal on the ground of illness of the petitioner but the Tribunal was pleased to reject the application and then dismissed the Miscellaneous case. 8. Being aggrieved by the dismissal order dated 18.12.2004 the petitioner preferred Miscellaneous Appeal No. 3 of 2005 befor..Category: Administrative Law | Date: | Hits: 90
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....laintiff stating, inter alia, that the suit land originally belonged to Priaya Nath Basak, Nagendra Nath Basak, Bhupendra Nath Basak and Digendra Nath Basak who were owners of the suit land to the extent of 4 annas share each and their names were correctly recorded in the S.A. Khatian and that d......aten in E.P. Case No.210 of 1967 and subsequently lease was granted to Rahmat-E-Alam Islam Mission who also paid lease money up 1385 B.S. The further allegation is that the defendant obtained an ex parte decree in Title Suit No.346 of 1977 on 06.05.1980 declaring that the suit land is not vested ......ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ..Category: Property Law | Date: | Hits: 48
Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)
....ndants filed a case against them. 4. It has further been averred by the defendants that the plaintiffs suppressed the summons of the suit i.e. Other Suit No.19 of 1986, obtained an ex parte decree whereupon the defendant filed Miscellaneous Case No.20 of 1987 under Order 9......hy;dants filed a case against them. 4. It has further been averred by the defendants that the plaintiffs suppressed the summons of the suit i.e. Other Suit No.19 of 1986, obtained an ex parte decree whereupon the defendant filed Miscellaneous Case No.20 of 1987 under Order 9 Ru......iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ..Category: Property Law | Date: | Hits: 22
Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)
.... having had forcibly entered in the land taken settlement by Abbas Ali, he filed Title Suit No.66 of 1988 seeking declaration of title and recovery of possession and the said suit was decreed ex parte on January 8, 1989, that the decree so obtained in Title Suit No.66 of 1988 was put into ......ving had forcibly entered in the land taken settlement by Abbas Ali, he filed Title Suit No.66 of 1988 seeking declaration of title and recovery of possession and the said suit was decreed ex parte on January 8, 1989, that the decree so obtained in Title Suit No.66 of 1988 was put into exe......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ..Category: Property Law | Date: | Hits: 19
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....ding Finance Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance consideration money, but the said ven......ean hands and committed gigantic fraud upon the Court. From Annexure-'B1’ to the writ petition (decree in Title Suit No. 984 of 1980 dated 26.5.1991) it is clear that the suit was decreed ex parte for specific performance of contract only and no decree for declaration that the disputed pro......d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ..Category: Civil Law | Date: | Hits: 119
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....ing that the petitioner was a defaulter and had full knowledge of the auction proceeding. Though he entered into appearance but he did not take any step for satisfaction of the decretal amount. The executing Court served the notice properly by complying the provision of Rule 66 of the Order 21 of......find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ......ision of Rule 66 of the Order 21 of the Code of Civil Procedure. The valuation of the auctioned property has been properly assessed on proper investigation. The auction-purchaser has prayed for the dismissal of the appeal for non-compliance of the provision of Section 41(2) of the Artha Rin Adala..Category: Business or Commercial Law | Date: | Hits: 82
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....€¦â€¦.....(17) It is true that the employer has the authority to terminate the employment of “undesirable, inefficient, corrupt, indolent and disobedient employee”, but such authority must be exercised fairly, objectively and independently………….(39) Result: The appeals are dism......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......her submitted that the High Court Division committed an error of law in arriving at a finding that the order of release from service of the writ petitioner-respondents is nothing but a consÂtructive dismissal from service in view of the fact that the order of release has been passed within the four..Category: Employment/Service Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....o purchased was made over to the plaintiff's father. During the war of liberation plaintiff's father and some other relatives were killed and because of such disaster plaintiffs were in a perplexed state of mind and as such they had difficulty in exercising effective control over the su......smissed for default on 15-06-1976 due to illness of the plaintiff No. 1 as tadbirkarak. Plaintiff No. 1 after recovery from his illness tried to file a Misc. Case for setting aside the said ex parte order of dismissal but due to legal complications the plaintiffs did not file the Misc. Case ......r default on 15-06-1976 due to illness of the plaintiff No. 1 as tadbirkarak. Plaintiff No. 1 after recovery from his illness tried to file a Misc. Case for setting aside the said ex parte order of dismissal but due to legal complications the plaintiffs did not file the Misc. Case but instead fil..Category: Property Law | Date: | Hits: 23
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
.... case. 5. Under the aforesaid Sections of law the charge was framed and same was read over to the accused on dock to which he pleaded not guilty and demanded trial. 6. The prosecution examined 12 Pws. all of whom were cross examined by the defence. The defence however did not exami......a Begum and others, 15 BLD (1995) (AD) 91. Lawyers Involved: Zahirul Hague Zahir, Deputy Attorney General, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant Ex parte-the Respondent. Criminal Appeal No.42 of 2000. (From the judgment and order dat......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ..Category: Criminal Law | Date: | Hits: 24
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....udent of a local Madrasa. Accused Salim and Illias received a sum of Tk.2100/- from him on the assurance of getting him passed in the Dakhil Examination. But they could not get him passed in the said examination. Therefore, Majibur Rahman demanded back the money from them. Over the same matter relat......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ..Category: Criminal Law | Date: | Hits: 26
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....uot;. Monowara Islam could not run the said restaurant, as such, the same was rented to the respondent No. 4 for one year at a rent of Tk.350/-on daily basis and accordingly a written agreement was executed and signed on stamp papers on 1.7.1991. Said respondent No. 4 subsequently left the premi......bdul Alim could not represent the case, as such, the learned Advocate for the petitioners could not argue the case at the time of hearing of the rule and the Advocate for respondent No. 4 argued ex parte and the rule was made absolute on misrepresentation of facts of the case and obtained the fol......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..Category: Criminal Law | Date: | Hits: 32
Sheikh Intaz Ali and others Vs. Solaiman Tarafder and others, 2006, 35 CLC (AD)
....997 (Order No. 173 dated 8.10.1997) in Miscellaneous Case No. 17 of 1993 allowing the same and thereby restoring the Title Suit No. 40 of 1985 to its original file and number upon setting aside the ex parte decree passed therein. 2. The trial Court allowed the Miscellaneous case upon an ap...... (Order No. 173 dated 8.10.1997) in Miscellaneous Case No. 17 of 1993 allowing the same and thereby restoring the Title Suit No. 40 of 1985 to its original file and number upon setting aside the ex parte decree passed therein. 2. The trial Court allowed the Miscellaneous case upon an appli......iew that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 420. ..Category: Procedural Law | Date: | Hits: 78
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....nds which is part of schedule-1 lands and that schedule-1(Ka) lands have been acquired in L.A. Case No. 138 of 1967-68 from the possession of the petitioners and the petitioners having absolute and exclusive title therein are entitled to the compensation assessed. Out of schedule-1 lands the sche......tion suit in this respect on 26.03.1976 through his concerned lawyer and found that defendant No. 1 by a petition without supply of any copy to the plaintiff-petitioners' lawyer obtained an ex-parte order for withdrawal of the P.S. Plot No. 1246, Thus claiming his absolute right, title inter......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..Category: Property Law | Date: | Hits: 25
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
....and in the year 1330 BS and the father of the plaintiff Nos. 4 and 5 also took settlement of 11.89 acres of land on 28-3-1912 and they have been possessing the same amicably by paying rents to the ex-landlords and that during SA operation the suit land being wrongly recorded in the name of the G......t land is Beel Class of land which vested to the Government under section 20(2) of the State Acquisition and Tenancy Act 1950, hereinafter referred to as the Act, and the plaintiffs by obtaining ex parte decree mutated their names in collusion with the officials of the government and so the suit ...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ..Category: Property Law | Date: | Hits: 28
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....nd the alleged settlement in the name of the father of the plaintiffs is on the basis of forged, collusive, fraudulent and ante-dated papers which has been created for the purpose of the suit, the ex-rent receiver had no right or authority to settle the forest land with the predecessor of the pl......ite distinguishable with the facts of the present case; the plaintiff must prove his own case to obtain a decree and cannot depend on the weakness of the defence case and in the case of an ex parte judgment and decree also the trial Court is also bound to consider as to whether the plainti......he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ..Category: Property Law | Date: | Hits: 31
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....allowing the appeal upon setting aside judgment and order dated 26-8-1991 passed by the learned Subordinate Judge (now Joint District Judge), Bogra in Miscellaneous Case No.13 of 1987 by which the ex parte judgment and decree dated 13-3-1986 passed in Other Class Suit No. 46 of 1986 was set asi......owing the appeal upon setting aside judgment and order dated 26-8-1991 passed by the learned Subordinate Judge (now Joint District Judge), Bogra in Miscellaneous Case No.13 of 1987 by which the ex parte judgment and decree dated 13-3-1986 passed in Other Class Suit No. 46 of 1986 was set aside ......on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ..Category: Property Law | Date: | Hits: 33
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