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KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....81 and she entered into an agreement with the plaintiff on July 13, 1987 to sell the property for a consideration of Taka 50,000 and upon receiving Taka 45,000 out of the total consideration money executed an agreement for sale on the date as mentioned hereinbefore and on that very day also appo......aying rent and rates to the Government and other Organisations. The further case of the plaintiff is that the defendant No. 1, i.e. appellant herein, without impleading the plaintiff obtained an ex parte decree on April 26, 1989 in Title Suit No. 291 of 1985. It may be mentioned the said suit was......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ..Category: Property Law | Date: | Hits: 31
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....e judgment and order dated 26th July, 2004 passed by a Single Bench of the High Court Division in Civil Revision 14 of 1992 rejecting the application for re-hearing of the Rule which was discharged ex parte, by judgment and order dated 11-5-2003. The above Civil Revision No. 14 of 1992 was filed ......udgment and order dated 26th July, 2004 passed by a Single Bench of the High Court Division in Civil Revision 14 of 1992 rejecting the application for re-hearing of the Rule which was discharged ex parte, by judgment and order dated 11-5-2003. The above Civil Revision No. 14 of 1992 was filed aga......ived at the 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) 25. ..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....d the defendant Nos. 1-4 to return the land but the defendants refused to do so, that to frustrate the claim of the plaintiffs defendant No. 9 in collusion with the defendant No. 12 created deed of exchange on June 11, 1989 in respect of 8 decimals of land of Plot No. 4346 and the defendant Nos.......efend them so as to comply with directions issued by Courts or Tribunals and as a result many claims and legal rights have become time-barred and many legal proceedings have been disposed of ex parte or in default of compliance with directions of the Court or Tribunals. And whereas......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....e judgment and decree dated January 22, 1998 of the Court of Senior Assistant Judge, Monohardi, Narsingdi in Title Suit No. 64 of 1996 decreeing the same against the defendant Nos. 1-9 on contest and ex parte against the rest declaring the title of the plaintiffs in respect of the land in suit and t......udgment and decree dated January 22, 1998 of the Court of Senior Assistant Judge, Monohardi, Narsingdi in Title Suit No. 64 of 1996 decreeing the same against the defendant Nos. 1-9 on contest and ex parte against the rest declaring the title of the plaintiffs in respect of the land in suit and that...... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ..Category: Property Law | Date: | Hits: 33
....eirs instituted the above suit. The Dhaka Improvement Trust (now RAJUK) appeared in the suit and filed written statement but did not appear at the time of hearing and as a result the suit was decreed exparte by judgment and decree dated 27.08.1991. Rajuk then filed Miscellaneous Case No. 40 of 1997 ......rs instituted the above suit. The Dhaka Improvement Trust (now RAJUK) appeared in the suit and filed written statement but did not appear at the time of hearing and as a result the suit was decreed exparte by judgment and decree dated 27.08.1991. Rajuk then filed Miscellaneous Case No. 40 of 1997 un......erials on record arrived at a correct decision. There is no cogent reason to interfere with the same.
The leave petition is dismissed.
Ed.
This Case is also Reported in: V ADC (2008) 335.
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Category: Limitation Law | Date: | Hits: 165
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....of 1970, that the government is in possession of the property on the basis of Requisition Case No. 55 of 1959, that during the trial as well as at the time of hearing of the appeal inspite of upon exercising due diligence could not brought on record the vital papers, i.e. the record of the Requi......j........Respondent Judgment May 17, 2007. Lawyers Involved Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the appellants. Ex-parte-the Respondent. Civil Appeal No. 291 of 2001 (From the Judgment and Order date......ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ..Category: Property Law | Date: | Hits: 34
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
.... aside the same. Sub-rule (3) provides that where the Court confirms or varies the report it shall pass a decree in accordance with the same as confirmed or varied. Rules 16, 17 and 18 provide for examination of parties or their witnesses. Rule 18(2) provides that if the parties do not appear th...... Judgment May 5,1982. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record—For the Appellants. Ex-parte—Respondent Nos. 5 & 6. Case Referred to- Local Government Code vs. Arlidg......ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ..Category: Property Law | Date: | Hits: 23
Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
.... behind only son Sankar Prasad Chowdhury, the pro-forma defendants Nos. 13 and 14, entered into an agreement for sale with the plaintiff for the suit land with a consideration of Tk. 15,000.00 and executed a Bainapatra on 14.04.1969 in favour of the plaintiff on receipt of Tk.13,000.00 and deliv......d Advocate of the petitioner that both the Courts below have failed to take into account that the plaintiffs claim in the suit land is based upon a Bainapatra on the basis of which he obtained an exparte decree in Title Suit No. 202 of 1969 wherein the predecessor of the petitioners was not a par......ed in Title Suit No. 202 of 1969 was not binding upon this defendant as he was not a party to the suit and that the plaintiff had no right, title or interest over the suit land and hence prayed for dismissal of the suit. 6. Mr. M. A. Gaffar, learned Advocate, for the petitioner submits tha..Category: Property Law | Date: | Hits: 29
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....oney Suit No. 44 of 1990 impleading the appellant and 3 others as defendants, of them the appellant was defendant No.4, for realization of Tk. 51,93,553/- as outstanding loan. The suit was decreed ex-parte on August 16, 1990. The respondent No.2 put the decree into execution by filing Money Exec......y Suit No. 44 of 1990 impleading the appellant and 3 others as defendants, of them the appellant was defendant No.4, for realization of Tk. 51,93,553/- as outstanding loan. The suit was decreed ex-parte on August 16, 1990. The respondent No.2 put the decree into execution by filing Money Executi......igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ..Category: Civil Law | Date: | Hits: 111
BFDC Vs. The Chairman, First Labour Court, Dhaka and another, 2008, 37 CLC (AD)
....was observed- "The FDC may have its own Service Regulations but it cannot beyond the ambit of Employment of Labour (SO) Act. A Service Regulations even if a statutory one can not exclude or supersede the Employment of Labour (SO) Act. Therefore, if any provision of the Service......cussion we find no merit in the petitions. Accordingly, these petitions are dismissed on condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 217. ......shy;tory one can not exclude or supersede the Employment of Labour (Standing Orders) Act, 1965" and thereupon held that the Labour Court did not commit any error in setting aside the order of dismissal of the petitioners in the complaint cases. 10. We have seen from the judgment of t..Category: Labour and Industrial Law | Date: | Hits: 109
Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)
....f to file a separate suit in respect of the homestead property and further directed Advocate Commissioner, if appointed for allotment of necessary land providing an access of the plaintiff with the existing road. Being aggrieved and dissatisfied by the said judgment and decree, the defendant move......as such no interference is called for in the findings and decisions of the High Court Division and accordingly it is dismissed. Ed. This Case is also Reported in: V ADC (200) 209. ......ame and paid rent. The plaintiff did not purchase the homestead. The defendant possessed the same. The fact of payment of rent to the plaintiff is not true and accordingly, the defendant prayed for dismissal of the suit. &nbs..Category: Property Law | Date: | Hits: 22
Bangladesh Biman Corporation Vs. Riaz Uddin Ahmed and others, 2006, 35 CLC (AD)
....itioner moved the High Court Division in Writ Petition No. 2248 of 2002 challenging the order of his dismissal from the service of the leave petitioner issued under letter dated 30.01.2002 (Annexure-Q to the writ petition) stating, inter alia, that he was appointed in Bangladesh Biman,...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ......tition No. 2248 of 2002 making the rule absolute. 2. The respondent No. 1 as writ petitioner moved the High Court Division in Writ Petition No. 2248 of 2002 challenging the order of his dismissal from the service of the leave petitioner issued under letter dated 30.01.2002 (Annexure-Q..Category: Employment/Service Law | Date: | Hits: 72
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....aintiff decided to establish Ice Plant and Cold Storage on the supplying of the necessary machinery by the defendant No.5- Krishi Bank out of its fund and being approached the agreement No. 25 was executed on 15.06.1985 between the concerned parties including the plaintiff and the defendant No.5......w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......intiff had sold out almost all the Ice cans and also let out the building with machinery to one wood marchant at a monthly rent of Tk. 5,000/- and the machinery was kept uncared for and prayed for dismissal of the suit. 4. The trial Court framed necessary issues and on consideration of th..Category: Civil Law | Date: | Hits: 103
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....stituted the above Title Suit No. 121 of 1990 praying for declaration that the plaintiff i.e. the Government of the People's Republic of Bangladesh, is the owner of the suit land and that the ex parte decree dated 4.3.1975 passed by the learned Munsif (now Assistant Judge), 1st Court, Comi......tuted the above Title Suit No. 121 of 1990 praying for declaration that the plaintiff i.e. the Government of the People's Republic of Bangladesh, is the owner of the suit land and that the ex parte decree dated 4.3.1975 passed by the learned Munsif (now Assistant Judge), 1st Court, Comilla......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ..Category: Property Law | Date: | Hits: 27
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....ptor filed Miscellaneous Case No. 39 of 2001 praying for restoration of the above Miscellaneous Case No.05 of 1998 and the learned Subordinate Judge (now Joint District Judge) after hearing and on examining witnesses by judgment and order dated 30.1.2001 upon setting a side the order dated ......C.W.N. (I DLR 61), Kafiluddin Chowdhury vs. Dr. Abdus Sattar, 20 DLR 1220, A. Jafar Vs. A. Hamid, 29 DLR 306 and Belayet Hossain and another vs. Md. Abu Taher and others, 32 DLR (AD) 231, against exparte order allowing miscellaneous case for pre-emption, applications under Order 9 Rule 13 CP......arte order allowing pre-emption. The High Court Division, relying on the above decisions, held that in the instant case Order 9 Rule 9 CPC is available to the pre-emptor to set aside the order for dismissal for default and section 96(13) would not be a bar in such proceeding. 5. We are of..Category: Property Law | Date: | Hits: 26
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....Bank and so he was proceeded against on 12 heads of charges by the competent authority and the enquiry officer, after holding enquiry according to Rules, found him guilty on all other charges except for charge No. 4 and thereafter, on consideration of the entire record, a second notice to ......d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ......ent No.1 4. The learned Tribunal, after hearing, dismissed the above case on the findings that the charges were framed by the Deputy General Manager, the competent authority and the order of dismissal was also passed by the competent authority and the allegations of misconduct against the..Category: Administrative Law | Date: | Hits: 104
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....t Judge, Gazipur which was subsequently renumbered as T.S. M No. 10 of 1992 in the 2nd Court of the Additional Assistant Judge, Gazipur for declaration that T.S. No.308 of 1973 and the ex parte decree obtained therein by the defendant No.1, Gopal Baroi, is forged, fabricated, c......udge, Gazipur which was subsequently renumbered as T.S. M No. 10 of 1992 in the 2nd Court of the Additional Assistant Judge, Gazipur for declaration that T.S. No.308 of 1973 and the ex parte decree obtained therein by the defendant No.1, Gopal Baroi, is forged, fabricated, coll......urt of the Assistant Judge, Kaliakoir, Gazipur for declaration of their title therein. The said suit was dismissed on 30.4.1986 on contest but on appeal was preferred against the aforesaid order of dismissal. Defendant Nos. 2 and 3 then with a view to grabbing the suit land created a forged..Category: Property Law | Date: | Hits: 35
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....is appeal, by leave, arises out of the judgment dated 10.5.1999 passed by the High Court Division in Writ Petition No. 3006 of 1998 discharging the Rule obtained against the order dated 17.9.98 (Annexure A) issued by the respondent No.2, General Manager of Bangladesh Bank, the respondent No.1, un......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ...... was done during pendency of CP No. 125 filed by him and operation of the order of stay and as such his disqualification under sub-section (6) of section 17 of the said Act could not start till dismissal of his leave petition on 29.4.98. But he having continued to function as director of res..Category: Banking Law | Date: | Hits: 112
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
.... 2nd Court of Subordinate Judge, Faridpur and in that suit plaintiffs' predecessors admitted the genuineness of kabuliyat dated July 30,1927 and the said suit was decreed and-the decree was put to execution by initiating Title Execution Case No. 21 of 1946 and the defendants' predecess......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......350 certain Siddheswar Bala and others filed Title Suit No. 17 of 1962 in the Court of Subordinate Judge, Faridpur and on contest by the plaintiffs the said suit was dismissed and the order of dismissal was upheld up to the Appellate Division. 3. The suit was contested by defendant No..Category: Property Law | Date: | Hits: 19
Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)
....are that the plaintiffs instituted Partition Suit No. 29 of 1986 in the Court of Munsif (now Assistant Judge), Ghatail, District-Tangail for partition of ejmali property. The suit was decreed ex-parte on 28.09.1989.Thereafter, and the defendant-petitioners filed an application under Order ...... that the plaintiffs instituted Partition Suit No. 29 of 1986 in the Court of Munsif (now Assistant Judge), Ghatail, District-Tangail for partition of ejmali property. The suit was decreed ex-parte on 28.09.1989.Thereafter, and the defendant-petitioners filed an application under Order IX ...... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ..Category: Property Law | Date: | Hits: 24
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