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Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....er settlement given in favour of plaintiff-respondent No.1. paragraph 8 of the memo provides that all previous proposals for settlement of agricultural khas land at whatever stage may be except where the lease deed has already been executed and registered should be cancelled and t...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... judgment there was Title Appeal was preferred by the present appellant, being Second Appeal No. 12 of 1970 and the same was dismissed by the Subordinate Judge, Patuakhali on 11.2.70. Against that dismissal order a Second Appeal No.28 of 1972 and the said appeal was summarily dismissed uphold&sh..Category: Property Law | Date: | Hits: 35
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
.... of the Transfer of Property Act was sent by the plaintiff under registered cover with acknowledgement due on 6-8-85 requesting the appellant to quit and vacate the suit premises with the expiry of the month of August, 1985 and upon the failure of the appellant to do so the plaintiff w......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......aimed tenancy before the plaintiff’s claim of ownership on forged documents. The appellant is not a defaulter and he has been paying rent regularly in House Rent Case No. 110 of 1982 the dismissal for default of which is now the subjectmatter of a review petition for restoration. ..Category: Property Law | Date: | Hits: 33
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....onsideration is whether the learned Judge of the High Court Division at all acted judicially in setting aside the appellate judgment and decree in favour of the defendants upon relying on a totally extraneous matter unrelated to the contending issues between the parties. After hearing t......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......ter relying upon a wholly irrelevant document, i.e., the alleged Government order Ext.19 which has no bearing on the present suit which was instituted by the plaintiff challenging the order of dismissal passed by the defendants and not by the Government. The learned Advocate submits that the..Category: Employment/Service Law | Date: | Hits: 73
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
....nd order dated 01.03.1999 passed by the High Court Division in Civil Revision No. 3039 of 1993 discharging the rule. 2. Title Suit No.213, of 1979 has been filed challenging legality of the ex-parte decree of 11th February 1979 obtained in Title Suit No. 225 of 1977 by the defendant petit......order dated 01.03.1999 passed by the High Court Division in Civil Revision No. 3039 of 1993 discharging the rule. 2. Title Suit No.213, of 1979 has been filed challenging legality of the ex-parte decree of 11th February 1979 obtained in Title Suit No. 225 of 1977 by the defendant petition...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....n its own name, the High Court Division erred in not dismissing the suit since the College was not impleaded as a party in the suit and because of or as consequence thereof decree passed is inexecutable. 8. The provision of Section 3(2) of the Cadet College Ordinance, 1964 (E.P. ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......ber 4, 1993) of the Court of Senior Assistant Judge, Sadar, Pabna in Other Class Suit No. 28 of 1993 decreeing the same with costs. 2.The suit was filed seeking declaration that the order of dismissal described in schedule 'Ka' attached to the plaint is illegal, void and not binding on the..Category: Employment/Service Law | Date: | Hits: 113
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
.... found to have contained 60% secondary quality G.P. sheet instead of secondary quality M.S. sheet. The appellant submitted his reply on 2-5-90 denying the allegation and requesting a chemical examination of the consignments to ascertain the nature of goods. By Adjudication order No.116......Aftab Hossain, Advocate-on- Record-For the appellant. A.W.Bhuiyan Additional Attorney General, instructed By Mr. B. Hossain, Advocate-on –Record-For respondent Nos. 1-3 Ex parte-Respondents no.4 Civil appeal No. 2 of 1993 (From the Judgment and Order dated......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
.... Procedure, 1908 (V of 1908), Section 151 A party cannot have recourse to the inherent jurisdiction of the Court under section 151 of the Code of Civil Procedure where an alternative remedy exists ……….(6) Case Referred to- Shahidur Rahman Majumder (Md) ......itten statement denying the allegations made in the plaint. The suit was then fixed for peremptory hearing on different dates but the defendant did not appear and the suit was ultimately decreed ex-partes for Taka 6,50,30,034.18 to be paid within 90 days with interest @ 14% from 1-4-1997. The de......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
.... was passed "by the President", occurring in Rule 16 of 1985 Rules and the words "by order of the President" occurring in the order of dismissal. He contends that under the then existing Article 56 (3) of the Constitution "all executive action of the Government shall be ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......t but ultimately by an order dated 18-1-86 the authority dismissed the respondent from service. 3. The respondent filed Administrative Tribunal Case No. 132 of 1986 against the order of dismissal and the Government-appellant contested the case. The Administrative Tribunal dismissed t..Category: Criminal Law | Date: | Hits: 33
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....ections 5(4) and (5) of the Artha Rin Adalat Ain, 1990 which reads as under: in Bengali 9. Section 7 of the Artha Rin Adalat Ain, 1990 provides that when a contested or ex-parte judgment results in a decree, party aggrieved by such decree shall have a remedy by way o......ions 5(4) and (5) of the Artha Rin Adalat Ain, 1990 which reads as under: in Bengali 9. Section 7 of the Artha Rin Adalat Ain, 1990 provides that when a contested or ex-parte judgment results in a decree, party aggrieved by such decree shall have a remedy by way of a......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....that the judgment in the criminal appeal was passed in presence of the petitioner. The High Court Division in disposing of the Rule also observed "The failure on the part of the petitioner to explain away the delay is a ground for refusing the prayer for condonation of delay. The extension ......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......High Court Division the date of disposal of Appeal has been mentioned 14.5.2002. 6. As it appears the petitioner obtained bail from the appellate Court and after disposal of the appeal, i.e. dismissal of the appeal, the petitioner did not surrender to his bail bond to serve out the senten..Category: Criminal Law | Date: | Hits: 44
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....1st August, 2000. In the said Annual General Meeting it was resolved that the Board of Directors would nominate 5 persons to represent the said foreign sponsor-directors as alternate directors (Annexures-B-B-1). Accordingly, in the Board of Directors of the Bank the appellant No.1, Abdul Muhit, ...... Raflque-Ul-Huq, Senior Advocate (Zafarullah Chowdhury, Advocate with him), instructed by Md. Ataur Rahman Khan, Advocate-on-Record- Respondent No. 4 (In both the appeals) Ex-parte- Respondent Nos.1-3 and 5 (In both the appeals) Civil Appeal Nos. 93 and 94 of 2002 ......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ..Category: Business or Commercial Law | Date: | Hits: 147
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....s allowed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 26 Section 26 of the UP Ordinance has put a clear bar to determination of an election dispute by any court except the Election Tribunal. Secondly, the whole scheme of the election law is such that no dispute......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......junction. The only relief she could have given, if at all, was to restrain the defendant from entering upon his office as Chairman pending disposal of the suit. 13. Now the question is whether the dismissal of the suit, along with cancellation of the respondent's election, will necessarily rend..Category: Election Law | Date: | Hits: 173
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....(now Joint District Judge), Comilla for declaration of title and for recovery of khas possession. The suit was decreed on contest on 30.09.1980 and Title Execution Case No.18 of 1980 was filed for execution of the decree after evicting the trespasser defendants therefrom. The judgment-debtor the......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ...... the decree-holders ought to have taken steps in the Execution Case in aid of the execution of the same as per modification within 3 years from the date or at least within 3 years from the date of dismissal of the Civil Petition for Leave to Appeal and accordingly the execution case is barred by..Category: Procedural Law | Date: | Hits: 93
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....RANAMA for 9(nine) years at a monthly rental of Tk.8/- i.e, Tk. 96/- per year. It was provided in the agreement that the landlords would take back the possession of the suit property after the expiry of the stipulated period of 9 years but in case of continuing possession by the tenant ......ted by Sharifuddin Chaklader, Advocate-on- Record-For the Appellants (in all appeals) Nurullah, Senior Advocate, instructed by Md. Nawab All Advocate-on-Record-For Respondent No. 5 Ex-parte-Respondent No. 1 Not represented-Respondent Nos. 2-4 & 6-27 Civil Appeal N....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....ondent No.1) filed written statement and on 27.7.89 which was fixed for peremptory hearing prayed for an adjournment which was rejected. The learned Subordinate Judge then passed an exparte decree on the same date i.e.27.7.89 the relevant portion of which reads as follows: ...... Hamida Khatoon and another ...................Respondent Judgment May 20,1998 Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Ex-parte-For the Respondents. Civil Appeal No. 47 of 1995 (From the judgment and order ......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....l in 3(three) shifts was entitled to get the scale of Tk. 470-1135. Since the respondent no. 2 was plying B-Type vessel in 3 (three) shifts he was entitled to get the above scale of pay that after examining his service record the Deputy Director (Accounts) Dredger directorate Bangladesh wat......d...........For the Appellants (In Criminal Appeal No. 100 of 1998) Md. Nowab Ali, Advocate-on-Record......For Respondent No.2 (In Criminal Appeal No. 99 of 1998) Ex- parte-Respondent No. 1. (In Criminal Appeal No. 99 of 1998) Md. Nowab Ali, Advocate-on-Reco......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....sent when the appeal was called on for hearing. The learned District Judge then asked the appellant to show cause as to why the appeal should not be dismissed for default fixing 18.11.1991 as the next date. On 18.11.1991 also the appellant did not appear and as such the appeal was dismissed......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......ing. 8. In support of the aforesaid contention he produced a certificate to the effect that he was under the treatment of a medical assistant from 03.02.1992 upto 23.02.1993 but the order of dismissal of the appeal was passed on 18.11.1991 and as such the explanation given by the appellan..Category: Procedural Law | Date: | Hits: 70
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....t of the defendant Court observed that no record of right has been filed by the plaintiff and that the information slip filed in Court has not been proved by competent witness. The trial Court also expressed the view that had the land gifted in 1958 recorded of right prepared subsequent thereto ......in suit his title in the land in suit can not be said to have lost. The appellate Court in the background of the observation made by the trial Court as to the manner in which the suit listed for ex-parte hearing was of the view that the trial Court ought not have taken the suit for ex-party heari......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 43
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....ourt Division made the Rule absolute. 4. Leave was granted to consider the submissions that the learned Single Judge of the High Court Division acted wrongly in exercise of his revisional jurisdiction in setting aside the judgment of the court of appeal below......ucted by Md. Aftab Hossain, Advocate -on-Record- For the Appellants Mahbubey Alam, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 1(Kha) Ex-parte- Respondent Nos. 1(Ka) 1(Ga-Ewuw) & 2-14 Civil Appeal No. 127 of 1997 Judgm......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....ourt erred in law in not rejecting the plaint although that was the precise submission made before it and the further submission that the High Court Division acting as an appellate court failed to exercise its jurisdiction under Order VII Rule 11 C.P.C. which was specifically invoked by the defe...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... the Hon'ble Chief Justice they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka on 01.08.1996 for a declaration that the said order of dismissal was illegal. The learned trial court fixed the suit for hearing on maintainability. Upon ..Category: Employment/Service Law | Date: | Hits: 76
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