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Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....said rent deposit case and prayed for dismissal of the suit. 4. Mr. T.H. Khan, learned Counsel, appearing for the petitioner submits that on 26.10.1988 the parties entered into an agreement exhibited as exhibit-1 containing clause No. 1 wherein it was clearly stated that the plaintif......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......nd that the defendants deposited the rent to the concerned rent controller on 19.02.1995 in rent deposit Case No.6 of 1995 and paid rent regularly in the said rent deposit case and prayed for dismissal of the suit. 4. Mr. T.H. Khan, learned Counsel, appearing for the petitioner submi..Category: Property Law | Date: | Hits: 35
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....side the auction sale held in Rent Execution Case No.620 of 1953 was filed under the provision of section 173(4) of the Bengal Tenancy Act and as in the year 1966 the Bengal Tenancy Act was not in existence and the said Miscellaneous Case was dismissed as infractuous but on the basis of misleadi......………………..Respondents Judgment May 27, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Ex-parte - the Respondent. Civil Appeal No.449 of 2001 (From the judgment and order dated 2......he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ..Category: Property Law | Date: | Hits: 30
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....s own brother Abdul Gafur Talukder the defendant Nos. 4-5 took settlement of 3.22 acres and defendant 6-8 took settlement of 3.23 acres of land out of the suit land and then the defendant No.1 executed kabuliyat on behalf of the defendant Nos.1-5 and the defendant No. 6 executed kabuliyat o.......Respondents Judgment February 14, 2007. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Ex-parte- The Respondent(s). Civil Appeal No. 04 of 2002 (From the judgment and order dated ......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ..Category: Property Law | Date: | Hits: 28
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....19 of 1993 decreeing the same and thereupon directing the defendants to reinstate the plaintiff in his post with effect from September 20, 1990 within 45 days with the benefits and allowances except two increments. 2. The suit was filed seeking declaration that dismissal order ......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......ate the plaintiff in his post with effect from September 20, 1990 within 45 days with the benefits and allowances except two increments. 2. The suit was filed seeking declaration that dismissal order dated April 4, 1991 is illegal, void and not binding on the plaintiff and for furth..Category: Employment/Service Law | Date: | Hits: 64
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
.... submissions made earlier and submits that the appeal was filed within 30 days from the date of the order of Artha Rin Adalat i.e. within the statutory period of limitation. According to Mr. Ahmed to examine legality of the impugned order it is necessary to probe into the question as to what is the ......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..Category: Civil Law | Date: | Hits: 132
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....t the judgment and award dated 31.0'8.1992 passed by the learned Subordinate Judge (now Joint District Judge) and Arbitrator, Dhaka in Arbitration Revision Miscellaneous Case No.14 of 1991 without exhausting the remedy by way of appeal to the Arbitration Appellate Tribunal under section 34 of th......nt January 11, 2004. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Fakrul Islam, Advocate-on–Record- For the Appellant (In all cases). Ex-parte- For the Respondent (In all cases). Cases Referred To- Adalat Khan Chowdhury &......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ..Category: Property Law | Date: | Hits: 27
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....ire share to his brother Nizamuddin in 1931 by a registered sale deed. Thereafter, Maleka Bibi by an amicable partition with her brother Nizamuddin got 0.72 acre of CS Plot No.133 in her exclusive 'saham' and Nizamuddin got the remaining land of that plot and suit Plot No.125 with an a......s liable to be dismissed. 7. The trial Court by the judgment and decree dated 28-8-1991 decreed the suit in preliminary form against defendant Nos.1, 2, 25, 28 and 29 on contest and ex parte against others giving saham to the plaintiff to the extent of 0.02 acre from suit plot No.125......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..Category: Procedural Law | Date: | Hits: 86
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
.... office memorandum which has no force of law. This- is a mere guide-line Further we find that the Bangladesh Public Service Commission (Consultation) Regulation. 1979 was made by the President in exercise of power conferred under Article 140 (2) of the Constitution on 27 October, 1979 which re......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......that no notice of the third enquiry was given to him that there were no specific points for further and the respondent was not informed anything such points for further enquiry and that no order of dismissal could be passed without a reference to the Public Service Commission. 3. Th..Category: Administrative Law | Date: | Hits: 94
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....mits that dispensation of service of notices upon respondent Nos. 2 to 5 is contrary to the provision of section 29 of the Local Government (Union Parishad) Ordinance, 1983. It is submitted that it exercising the authority under section 151 of the Code of Civil Procedure in dispensation of’......e in our country, as we have adopted that Code. This sub-rule (3) that provided that appellate Court in its discretion may make an order, at any stage of the appeal whether on its own motion or ex parte, dispensing with the service of notice on any respondent who did not appear. 6. Admit......o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ..Category: Election Law | Date: | Hits: 112
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....ws:- “OFFICE OF THE DEPUTY COMMISSIONER NOAKHALI (L.G.R.D. Section) NOTIFICATION Noakhali the 30th November, 1976 No. 1087-LGRD - In exercise of power conferred upon me under Article of the Bangladesh Local Councils and Municipal C......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......ning Officer to allow him, of his own motion, to remedy the defect. We do not, therefore, think that the Returning Officer has violated any provisions of law in rejecting the nomination paper. The dismissal of his appeal by respondent No. 2 cannot be said to be contrary to law, as he had, under ..Category: Election Law | Date: | Hits: 114
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....ant between them and contending, inter alia, that he had acquired non-agricultural tenancy right in the land of the said premise; by the peaceful possession of the said land for more than 12 years in exercise of his right as a non-agricultural tenant. The learned Small Cause Court Judge who tried th...... Sowdagar and another….. Respondents Judgment December 7, 1976. Lawyers Involved: B. B. Roy Chowdhury, Advocate, instructed by Aminul Huq, Advocate-on-Record—For the Petitioner. Ex-parte — For the Respondent. Civil Petition for Special Leave to Appeal Nos. 186 and 187 of 1976......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ..Category: Tenancy Law | Date: | Hits: 163
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
.... heirs was opposed as there was no question of substitution when Abani is alive. The instant case is thus clearly distinguishable from the cases referred to by Mr. Moinul Huq. 4. Mr. T. Ali next argued that it is not correct to say that the order of abatement of a suit or an appeal amounts......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......e person claiming to be legal representative of the deceased plaintiff or the assignee or the receiver in the case of an insolvent plaintiff may apply for an order to set aside an abatement or dismissal and if it is proved that he was prevented by any sufficient cause from continuing the su..Category: Civil Law | Date: | Hits: 116
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... arisen out of the judgment and order dated 29-10-98 of the High Court Division passed in Writ Petition No. 2490 of 1990 making absolute the Rule obtained challenging the order dated 20-10-1990, Annexure-F to the writ petition, by which the Land Acquisition Officer, Chittagong, in terms of the M......No.1 , the requiring body, not being made a party in the above writ petition, could not appear and contest the Rule and as a result by judgment and order dated 29-10-1998 the High Court Division ex parte made the Rule absolute and then the respondent No. 1, utilizing the above judgment and ...... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ..Category: Labour and Industrial Law | Date: | Hits: 83
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....-11-1981. In a Martial Law Case he was convicted and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Taka 75,000 by judgment and order dated 20-8-1982. On his prayer, unexpired portion of the sentence of rigorous imprisonment was remitted on 26-4-1984. Thereafter, he ......Commission and others, 1990 BLD 17 = 41 DLR 484. Lawyers Involved: Dr. M Zahir, Senior Advocate, instructed by Amir Hossain Chowdhury, Advocate-on-Record- For the Appellant. Ex parte-The Respondents. Civil Appeal No. 236 of 2002 (From the judgment and order dated...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 132
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nst the order dated 14-5-98 passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plaintiff/appellant praying for fixing the next date of the suit for ex parte hearing in view of the default of the defendants to file written ...... passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plaintiff/appellant praying for fixing the next date of the suit for ex parte hearing in view of the default of the defendants to file written statement within two months......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....ror. Considering the evidence adduced by the appellants not duly considered by the High Court Division and the trial court, it is convincingly proved that the defendant appellants came to know of the ex-parte decree for the first time on 20.7.1981. the miscellaneous case having been filed on 05.08.1....... Considering the evidence adduced by the appellants not duly considered by the High Court Division and the trial court, it is convincingly proved that the defendant appellants came to know of the ex-parte decree for the first time on 20.7.1981. the miscellaneous case having been filed on 05.08.1989.......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....bove writ petition in public interest, impugning the continued failure by the Government and other public authorities, in particular the respondent No.1, to comply with their legal duties under the existing laws including the Environment Conservation Act, 1995 and the Environment Conservatio...... Mohiuddin Farooque vs Bangladesh, 55 DLR 613. Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Appellant. Ex-parte—The Respondents Civil Appeal No.118 of 1999 (From the judgment and order......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..Category: Environmental Law | Date: | Hits: 255
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
.... 2. The petitioners alleged in the said suit that there was a contract for sale between them and Respondent No. 1 for a consideration of Tk. 7055/-, whereby the said Respondent agreed to execute a deed of permanent lease in respect of certain property in part of which the petition...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......East Bengal State Acquisition and Tenancy Act, the petitioners' claim for specific performance of the said contract was not sustainable. The learned Subordinate Judge maintained the decree for dismissal of the suit for specific performance of contract but passed a decree for the refund of Tk..Category: Property Law | Date: | Hits: 34
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....990. The Code of Criminal Procedure, 1898 (V of 1898), sections 249, 339C (4) & 403 Words & Phrases It appears to the court that section 339C was enacted in order to inject a spirit of utmost expedition, speed and urgency in the trial of criminal cases, but it does not appear from the langua......vocate instructed by Shamsul Haque Siddique, Advocate-on-Record—For the Appellants. Md. Awlad Ali, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent No. 1. Ex parte—Respondent No. 2 (State). Criminal Appeal No. 37 of 1986. (From the Judgment and Order......me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... said case on facts and have pointed out that it was held in the said case that the order of suspension having been made without taking notice of the reports in which the officer concerned had been exenerated of the charges brought against him was made without any application of mind and as such...... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......e order of suspension could be made only when the enquiry, as contemplated in Regulation 21, had actually commenced a prima facie view was taken that the proceeding was likely to lead to dismissal of the employee and further retention of the employee in the service might affect t..Category: Employment/Service Law | Date: | Hits: 79
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