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Displaying 1321-1340 of 1761 results.
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
.... and the said landlords settled the land in suit with Bipin Chandra in 1350 BS by granting Dakhila, that said settlement holder Bipin Chandra possessed the land in suit upon payment of rent to the exlandlords, that RS record was prepared in the name of Bipin Chandra, that Bipin Chandra sold the ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ...... plaintiff and the issue therein was not the one as in the instant suit or in any way close to the subject matter of the instant suit and, as such, even if the same was dismissed the said order of dismissal had no bearing on the subject matter of the suit of the plaintiff. As seen from the provi..Category: Property Law | Date: | Hits: 35
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... Waqfs by filing Miscellaneous Appeal No.7 of 1989 before the Court of District Judge, Narayangonj. The said appeal was heard by the Court of Additional District Judge, Narayangonj and was allowed ex parte on November 11, 1991. 3. The appellant thereafter filed the Miscellaneous Case No.7...... (HCD) 97; AIR 1918 PC 102, 52 CWN 659, 39 CWW 934, 6 DLR 267, 17 DLR (West Pakistan) 26, 22 DLR 664. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant Ex-parte- Respondent Civil Appeal No.201 of 2001 (From the Judgment and Order dated July...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....lone it cannot be said that the same is of a Civil nature". The ingredients of the offence of cheating or of misappropriation have not been propÂerly considered by the High Court Division in the context of the facts alleged in the petition of comÂplaint and thus it allowed itself to fall into an e......cted by Md. Aftab Hossain, Advocate-on-Record — For the AppelÂlants. B. Hossain, Deputy Attorney-General instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Respondent No 2. Ex parte—Respondent No. 1. Criminal Appeal No. 31 of 1986. (From the judgment and order dated 2......il court. For the reasons stated above, the appeal is alÂlowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
.... rule 2(2) The Evidence Act, 1872 (I of 1872), section 115 The Limitation Act, 1908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred t......Improvement Trust (Defendant No. 3) and the Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Public Works (defendant No. 2) and the said case was decreed ex parte on 21.9.1977. Thereafter, in pursuance of the said decree, Money Execution Case No.7 of 1978 w......gment and decree as they are. In view of the discussion above, both the apÂpeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....ed upon the allegations, inter alia, that defendant No.1 (since deceased and substiÂtuted by her heirs), a respectable old Muslim lady, then almost invalid and living in the same mess with her sons, expressed her desire to sell the suit land and structures in her ownership situated at Chittagong th......h him) instructÂed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Dr. M. Zahir, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For ReÂspondent Nos. 1-9 Ex-parte—Respondent No.10 (State) Civil Appeal No. 87 of 1985. (From the Judgment and Decree da...... order as to costs. Order of the Court. By the majority decision, the appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
.... title and interest in the suit land stating, inter alia, that the suit property belonged to Messers Kaknorak Company which used to deal in Jute and in the matter of construction of Jute Godown and excavation of canal; that subsequently the said company become defunct; and the then Government of ......the chance-of contesting the suit, legitimate period allowed under the law being not given to the defendant and as a result of which the defendant could not file written statement and therefore ex-parte decree had been passed against the defendant to the serious peril of the interests of the app......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 40
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
....ondent filed an application to the Chief Martial Law Administrator on 16.5.86 praying for justice, apparently invoking the power of review of the order made against him, under Order 1A of MLO 9. Upon examination of the record of the case, the CMLA's Secretariat found that the alleÂgation/charges br...... the observaÂtion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ......scinded and his prayer for reinstatement allowed. 3. Following this decision in the CMLA's Secretariat, the criminal case was withdrawn but the other part relating to review and rescinding of the dismissal order was not implemented. The responÂdent filed applications to the President seeking ju..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....2) Election dispute There is no provision for appeal against a decision of the election tribunal constituted for adjudication of election tribunal cases of Dhaka City Corporation. It does not exclude jurisdiction of the High Court Division under article 102 of the constitution. There is no w......of the High Court Division with that it had no jurisdiction is set-aside. Writ petition was maintainable……………(8,12 & 15) Cases referred to: Regina Vs. Medical Appeal Tribunal, Ex parte Gilmore (1957) QBD, Vol. 1, page 574(583); Azizul Huq Vs. S.M. Hanif, Ltd. 7 DLR 287; Phani Bh....... The writ petition will be heard as a motion as soon as the business of the Court perÂmits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....y 30, 1994 passed by Additional Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect of the 'ka' schedule land in the light of the exchan......genuine the Court is competent to make its decision as against the plaintiff since his documents on which he based his claim not genuine. In this Connection we may refer to a situation where an ex-parte decree is passed by the Court either the defendant has not entered appearance or on the ......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
....rving as Junior Purser was placed under suspension on 05.01.1993 by respondent and a departmental proceeding was initiated against him, on 24.01.1993 for unauthorized absence. He submitted written explanation for his unauthorized absence to the enquiry officer on 15.03.1993 denying the alle...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ......tioner filed Complaint Case No. 16 of 1994 against the respondent under Section 25 of the Employment of Labour (Standing Orders) Act, 1965. (Shortly the Act) for setting aside the order of his dismissal dated 30.12.1993 passed by the respondent. The petitioner while serving as Junior Purser..Category: Employment/Service Law | Date: | Hits: 91
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....as Nandi died. Kallayani Debi obtained a probate of the Will in Probate Case No.19 of 1967 on 15.01.1968 and since, then she was managing the suit property. The plaintiffs got the suit property by exchange with their properties in Murshidabad in India and the deed of exchange was registered. On ......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....claration of title and recovery of possession of the suit property against respondent No.1 and proforma respondent Nos. 5-6 impleading them as defendants in the said Suit. The Suit was decreed ex-parte on 23.06.1999. Respondent No. 1 filed Miscellaneous Case No.4 of 2000 on 20.02.2000 under ......ration of title and recovery of possession of the suit property against respondent No.1 and proforma respondent Nos. 5-6 impleading them as defendants in the said Suit. The Suit was decreed ex-parte on 23.06.1999. Respondent No. 1 filed Miscellaneous Case No.4 of 2000 on 20.02.2000 under Ord......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....inquiry as to the allegations made against him. The committee did not inform him the date and time of inquiry and to remain present before the inquiry committee and that the inquiry committee did not examine any witness in his presence. Accordingly, the plaintiff could not cross-examine the witnesse......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ......d place of enquiry and in his absence. The High Court Division further found that the inquiry held against the respondent was perfunctory and therefore, relying on such perfunctory inquiry report the dismissal of the respondent from service was illegal and without jurisdiction and hence the same was..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
....of 1979 dismissing the same. The Miscellaneous Case was registered upon an application filed under Order IX, rule 13 of the Code of Civil Procedure. The same was filed seeking setting aside of the ex parte decree dated December 19, 1978 passed in Title Suit No. 77 of 1965. 2. The ap......1979 dismissing the same. The Miscellaneous Case was registered upon an application filed under Order IX, rule 13 of the Code of Civil Procedure. The same was filed seeking setting aside of the ex parte decree dated December 19, 1978 passed in Title Suit No. 77 of 1965. 2. The appel......he defendant No.2 had interest to protect and for which he filed written statement in Title Suit No.77 of 1965 long ago to contest, if the ex parte decree of Title Suit No.77 of 1965 stands due to dismissal of Miscellaneous Case No. 36 of 1979 under Order IX, rule 13 of the Code of Civil Procedu..Category: Civil Law | Date: | Hits: 112
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....e accepted and accordingly, work orders were issued in his favour on 12-1-1987 and then formal contracts in respect of Groups A, B, C and D works and formal agreement in respect of Overhead Tank were executed on 14-1-1987, the respondent No.1 deposited Taka 20,00,000 as security and started the cons......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....ing the principal accused who inflictÂed the fatal blow on the chest of the deceased BabuÂjan with a three kata chal which caused instantaneous death of the deceased. 7. In this case prosecution examined 11 witÂnesses and defence did not examine any witness. Of the prosecution witnesses examin......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....e to the finding that the pre-emptor petitioner waived his right on the evidence adduced by the opposite parties as to the conduct of the pre-emptor petitioner at the time of negotiating the sale and execution of the kabala in question. It is now well settled that the right of pre-emptor accrues onl......ossain, Advocate-on-Record— For the AppelÂlants. Ranadhir Sen, Advocate, (B.K. Das, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 1. Ex parte — Respondent Nos. 2-12. Civil Appeal No. 33 of 1985. (From the Judgment and Order date......vision cannot be legally sustained. In the result, therefore, the appeal is alÂlowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....igh Court Division, Comilla Bench, in Civil Revision No. 140 of 1984). Judgment Shahabuddin Ahmed J. - This is an appeal by special leave granted to the appellants, BanglaÂdesh and another, to examine the legality and proÂpriety of a decree for specific performance of a conÂtract for sale o......p; 8) Lawyers Involved: B. Hossain, Advocate-on-Record—For the Appellants. Mahfuzur Rahman, Advocate, instructed by A. Baset Majumder, Advocate-on-Record—For Respondent No. 1. Ex-parte—Respondent Nos. 2-3. Civil Appeal No. 33 of 1986. (From the judgment and order dated 1......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, DhaÂka, Bangladesh and others, 1989, 18 CLC (AD)
....endent report in the case in writing from an Officer specially deÂputed to investigate the case." Be that as it may, the fact remains that admittedly the report of the Enquiry Officer along with the explanation and answer given by the plaintiff was forwarded to the head office and placed before the......as deprived of proÂcedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ...... 110 of 1984 and restoring those of the Munsif, Additional Court, Rajshahi in O.C. Suit No.1 of 1984 (393/1983). 2. Petitioner instituted the aforesaid suit for a declaration that the order of his dismissal from serÂvice as communicated to him by memo dated 26.1.81 was illegal, void, etc. and he..Category: Employment/Service Law | Date: | Hits: 98
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....ed to Tasaruddin who died leaving son by name Tofazzal Hossain, a daughter by name Amena Khatun and a widow Jamila, that after death of Tasaruddin the land of 'Ka' schedule was put to rent sale in execution of rent decree and the land of 'Ka' schedule was purchased by Khatemon, wife of Tofazzal ...... Tofazzal Hossain who are parties to the kabala, Ext.1 but the Ext.3 reveals the conduct of the heirs of Tofazzal Hossain after his death and that it is also not known what was the nature of the ex-parte rent decree, that discrepancies in the body of the kabala and the schedule thereof (Ext......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
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