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Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....in the district of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2, Nemai Chandra Ghose, predecessor of defendant No.3 and Bishnupada Ghose, defendant No. 4. The plaintiff by exchange with aforesaid persons got the said property by way of exchange of his 'Ka' schedule prope......ucted by Syed Mahbubur Rahman, Advocate-on–Record- For the Appellants Shahid Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record- For Respondent No.1 Ex-parte- For Respondent Nos. 2-20 Civil Appeal No. 166 of 2000. Judgment: ......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....ding) Limited Vs. Md. Fazlur Rahman reported in 12 BLD (AD) 247 and the case of Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd. reported in 20 BLD (AD) 278 wherein it has been held that in exceptional cases the Court may recourse to the provision of section 151 of the Code of Civil Proce......spondent No.1 and 2 others who were defendants in the Other Class Suit No. 37 of 1987 filed Miscellaneous Cases under Order 9 Rule 13 of the Code of Civil Procedure seeking setting aside of the ex-parte decree passed in the aforesaid suit but were unsuccessful up to the Appellate Division. ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....quo. 2. The facts, in brief, are that the petitioner and others instituted Other Suit No. 101 of 1985 for ejectment of the predecessor of the respondent Nos. 1 and 2 and the suit was decreed ex-parte on 01.10.1989 and the plaintiff respondents put the decree into execution and got delivery....... 2. The facts, in brief, are that the petitioner and others instituted Other Suit No. 101 of 1985 for ejectment of the predecessor of the respondent Nos. 1 and 2 and the suit was decreed ex-parte on 01.10.1989 and the plaintiff respondents put the decree into execution and got delivery of......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....earned Single Judge of the High Court Division acted illegally and wrongly in setting aside those findings of facts when there was no error of law or procedure calling for any interference in exercise of jurisdiction under section 100 of the Code of Civil Procedure. 5. We have heard ......ed: Shaheed Alam, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellants. Aftab Md. Hossain, Advocate -on-Record-For Respondent Nos. 1-3 & 5-17. Ex-parte- For Respondent No. 4. Civil Appeal No. 05 of 1997. Judgment: &n...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....rt licence as well as financial difficulty and so they were ultimately compelled to lay-off the workers of their factory by notice dated 23.9.87 and since the situation did not improve within the next 45 days, all the said workers of the factory of the appellant were retrenched with effect from ......ondents Judgement February 29, 2004. Lawyers Involved: Md. Khalilur Rahman, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Appellant Ex-parte- Respondents Civil Appeal No. 54 of 1996. Judgment: ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... dismissed. The State Acquisition and Tenancy Act (XXVIII of 1951) Section 96 The Registration Act, 1908 (XVI of 1908) Sections 47 and 60 Right of pre-emption does not accrue on the date of execution of the deed of sale or any earlier date or the date of presentation of the deed for regist......nior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Appellant. Abdus Salam, Advocate instructed by Nawab Ali, Advocate-on-Record— For the Respondent Nos. 1-3. Ex parte—Respondent No. 4 Civil Appeal No 99 of 1985 (From the judgment and order dated 16.5.85...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....he applicaÂtion of the respondent for obtaining the contract from the Upazila Administration and Ext.4 (a) whereÂby he opened the Bank Account with the Sonali Bank as the Proprietor of the Firm and exhibit 1 an affidavit before a Magistrate to the effect that he was the Proprietor of the firm and ......er, Advocate-on- Record— For the Appellant. Mainul Hosein, Advocate, Md. Joynul Abedin, (Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Ex parte — Respondent Nos. 2-8. Civil Appeal No. 34 of 1988. (From the judgment and order dated......lt, therefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....r of the proceeding or operate prejudicially against the respondent. The learned Judges have observed: "The alteration of the basis of the claim or of the pleading, in our view, has assumed a complexion wholly different from the original cause of action." Reliance was placed on PLD 1948 (PC) 7......result, therefore, these appeals are alÂlowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......eaded as opposite party No. 1 when the written objection was filed on the plea that the pr-emptor had ceased to be co-sharer in the jote in view of his Mutation Case No. 63 of 1977-78. The prayer for dismissal of the pre-emption applicaÂtion was made. 10. It is only after this objection that the..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....f 1989. (From the judgment and ordered dated 20.2.89 passed by the High Court Division, Dhaka in Civil Revision No. 742 of 1987). Judgment ATM Afzal J.- Appellant is a judgment debtor in an execution case, being Money Execution Case No.791 of 1986 of the Court of Subordinate Judge and Comm...... recovÂery of an amount of Tk.97,750.00. The suit was deÂcreed by judgment dated 26.8.86 in the following terms: "That the suit be decreed on contest against the defendants 1-3 with costs and ex parte against the rest without costs. The plaintiff do get Tk. 97,750/- with interest @ 15% per annu......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..Category: Civil Law | Date: | Hits: 113
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....e suit premises was ever handed over to the Law Department or that it vested in the Law Ministry. At the longest plaintiff claimed the suit premises was occupied by the Judicial Officers since 1920. Next, it was found that no evidence had been produced to show that the suit premises was earÂmarked ......¦â€¦â€¦â€¦â€¦..(7) Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior AdvoÂcate (Mahbubey Alam, Advocate with him), instructÂed by B. Hossain, Advocate-on-Record—For the Appellant. Ex-parte- Respondents. Civil Appeal No. 121 of 1983. (From the judgment and decree dated 1st SepÂ......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..Category: Property Law | Date: | Hits: 30
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....stant judge has rightly been set-aside by the High Court Division. In deciding an application under Order IX, rule 13 of the Code of Civil Procedure learned Assistant Judge cannot restore the suit in exercise of inherent power under section 151 of the Code………………………(5 & 6). ......r to the Court of AsÂsistant Judge, Monohordi. Danis Ali Molla died durÂing pendency of the suit and his heirs including the appellant (a son) were substituted in his place. The suit was decreed ex parte on 31.1.83. The appellant filed an application under Order 9, rule 13 C. P. C. for setting asi......the submission made by the learned AdvoÂcate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74...Category: Procedural Law | Date: | Hits: 88
Moslema Khatun and others Vs. Ishaque (Md) and others, 1989, 18 CLC (AD)
.... the Court on 30.11.86 which was kept with the record before the impugned order was passed. Evidently this fact was not brought to the notice of the learned Judge and a final order having been passed ex parte on the application of respondent No.1 the learned Judge has not had the occasion to know ab......e Court on 30.11.86 which was kept with the record before the impugned order was passed. Evidently this fact was not brought to the notice of the learned Judge and a final order having been passed ex parte on the application of respondent No.1 the learned Judge has not had the occasion to know about......ns taken or to be taken by the parties including defendant No. 5. The appeal is accordÂingly disposed of without any order as to Cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 94
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....Article 6(5)(b) The High Court Division was in error in holding that the order of the Commissioner of Income Tax to retire the respondent from service was illegal without taxing into consideration exhibit. A order of the government of Pakistan directing the Commissioner of Income Tax to retire th......e decision of the Screening Committee………..(9) Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record.—For the Appellant. Ex parte—Respondents. Civil Appeal No. 160 of 1983. (From the judgment and order dated 28.3.83 ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..Category: Employment/Service Law | Date: | Hits: 80
Hafizuddin Sarker and Lakjan Bewa Vs. Bangladesh and others, 1989, 18 CLC (AD)
....but because the plaintiff failed to prove totality of his case including his title and hence his later suit for declaration of title and recovery of possession was barred by res judiciata. In view of explanation IV of section 11 of the Code of Civil Procedure the High Court Division was correct in t......d. Aftab Hossain, Advocate-on- Record—For the Respondent Nos. 2(a)-2(c), 9(a)-9(d),16(a)-16(b) 19(a)-19(f), 24(a)-24(c). M. Nawab Ali, Advocate-on-Record—For ReÂspondent Nos. 3-6 and 10 Ex parte—Respondent Nos. 7, 8, 11-15, 18, 20-23, 23A and 25. Civil Appeal No. 46 of 1984. (Fro...... Judge of the High Court Division was correct in taking the view. This appeal is, therefore, dismissed without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 57. ..Category: Property Law | Date: | Hits: 35
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....above was not raised in the First Appeal beÂfore the High Court Division. The appellants, thereÂfore, cannot find fault with the impugned order passed by the High Court Division. Even then we shall examine if there is any substance in the conÂtention raised. 7. The question is: Is any directio......m, instructed by Sajjadul Haq, Advocate-on-Record—For the Respondent No. 1. M. A. Rouf, Advocate instructÂed by Md. Aftab Hossain, Advocate-on-Record. — For the Respondent Nos. 2 and 3. Ex parte—Respondent Nos. 4 and 5. Civil Appeal No. 2 of 1985. (From the judgment and decree dat......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....d to defendant No. 1 by a kabala dated 15.2.87 and since then he was in continuous possession in the specific portion of the land he purchased. It was further contended that the plaintiffs' claim was excesÂsive and section 4 of the Partition Act was not apÂplicable in this case. 4. The suit was...... Miah A. Gafur, Advocate-on-Record.—For the Respondent Nos. 1-3, 4 (a) to 4 (f), 5 (b), 6 (a) to 6 (g), 7 (c) to 7 (d), 8 (a) to 8 (d), 9 to 11, 12 (a) to 12 (d), 13 (a) to 13 (c), 14 and 15. Ex parte—Respondent Nos. 5 (a) & 16 to 23. Civil Appeal No. 132 of 1984. (From the Judgment......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is disÂmissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ......-Record.— For the Appellant. Khandker Mahbubuddin Ahmed, Senior AdvoÂcate (Mrs. Rabeya Bhuiyan, Advocate with him), instructed by M. Nowab Ali, Advocate-on-Record.—For Respondent No. 1. Ex-parte—Respondent Nos. 2-10. Civil Appeal No. 27 of 1988. (From the judgment and order dated ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ..Category: Election Law | Date: | Hits: 115
Khaleda Roushan Ara Vs. Nurul Huq (Md.), 1990, 19 CLC (AD)
....de the judgments and orders of the Courts below and allowed the Miscellaneous Case and restored the Title Suit to its file and number subject to payment of Taka 2,500/- towards the respondent's legal expenses…………………(5) Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate,......On that date the defendant filed an appliÂcation for adjournment with a medical certificate on the ground of illness. The prayer for adjournment was, however, not granted and the suit was decreed ex-parte on that date. Thereafter on the appellant's application under Order 9, rule 13 of the Code of ......dent's legal expenses within two months from the receipt of notice from the trial Court, failing which the appeal shall stand dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 48 ..Category: Property Law | Date: | Hits: 38
Begum Motia Akhtar Khanam Vs. Shawkat Ara and Others, 1989, 18 CLC (AD)
....of section 18 is quoted below:— "(3) Where any tenant has sublet any preÂmises or part thereof with the consent of the landlord or in accordance with the terms of the contract with the landlord expressly permitting subletting, or where any tenant has sublet any premises or part thereof used or......volved: M. G. Bhuiyan, Advocate-on-Record-For the Appellant. Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record- For the Respondent No. 1. Ex-parte-Respondent Nos. 2-4. Civil Appeal No. 32 of 1987. (From the Judgment and order dated 10t......hout any order as to cost and the judgment and order of the High Court Division is set aside and those of the Courts below are restored. Ed. This case is also reported in: 42 DLR (AD) (1990) 26. ..Category: Criminal Law | Date: | Hits: 47
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....n such erroneous view. The learned advocate-on-record for respondent No. 1, on the other hand, submitted that the plaintiff having already transferred the land in favour of his brothers even beÂfore execution of kabuliyat he was not entitled to an order of injunction. 7. The High Court Division ......remain for consideration whether the settlement has been validly cancelled. On appellants own showing he has made a transfer of land apparently before his own settlement was completed. Thus he having parted with the land under proposed settlement, he was not entitled to an order of injunction to mai......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
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