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Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... Revision No.2758 of 2006. Judgment Md. Ruhul Quddus J. - This Rule at the instance of plaintiff-respondents was issued on an application under section 115 (1) of the Code of Civil Procedure to examine the legality of judgment and decree dated 15.5.2006 passed by the First Court of Joint Distr...... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......d Mafiz Uddin as P.W.3 and adduced in evidence the R.S. Khatian Nos. 173 and 174 marked exhibit-1 series; a letter issued from office of the Deputy Commissioner, Gaibandha marked exhibit-2; order of dismissal passed in Other Suit No.98 of 1994, plaint and written statements in that suit marked exhi..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
Nazmul Islam alias Nazu Vs. State, 2011, 40 CLC (HCD)
....onnection with her, which she refused. Then the convict proposed to marry her. The P.W.1 told him to make that proposal to her father. But instead, the convict was hatching up conspiracy to commit sexual intercourse with her. On 20-12-2002 at about 7-30 PM while the P.W.1 was coming back home af......levelled against him and he be set at liberty at once, if not wanted in other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 460.......alf of the State submits that the prosecution proved the case against the appellant beyond reasonable doubt and the Tribunal rightly and correctly assessed the evidence on record and he prays for the dismissal of the appeal. 9. Heard the learned Advocate of the respective parties, perused the..Category: Women and Children | Date: 21 Mar, 2011 | Hits: 165
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....te party No.1 as petitioner filed Miscellaneous Case No.55 of 1984 against the petitioner and others for setting aside the auction sale arising out of Execution Case No.4 of 1975 in pursuance the ex parte Judgment and decree passed in Money Suit No.4 of 1974. The further case is that he was a Go......party No.1 as petitioner filed Miscellaneous Case No.55 of 1984 against the petitioner and others for setting aside the auction sale arising out of Execution Case No.4 of 1975 in pursuance the ex parte Judgment and decree passed in Money Suit No.4 of 1974. The further case is that he was a Gover...... The order of status quo granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 471. ..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
Kazol and others Vs. State, 2011, 40 CLC (HCD)
....s with other co-accused under section 302/34 of the Penal Code, which was read over to the accused persons, wherein they pleaded not guilty and claimed to be tried. 5. During trial the prosecution examined 11 witnesses and defence examined none. 6. The defence case as it appears from the trend......e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......t the appellants by adducing sufficient witness and the trial court committed no illegality in convicting them and as such there is nothing to interfere in the impugned judgment and he thus prays for dismissal of the appeal. 11. Heard the learned advocate of both the sides and perused the L.C. Re..Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
...., fixed a date of auction on publishing auction notice in news papers for sale of the petitioner’s mortgaged property, while by latter rejected his (petitioner’s) application for rejection of the execution case. 2. Petitioner’s case is that Agrani Bank, Reazuddin Bazar Branch, Chittagong ......alisation of loan amounting to Taka 53,52,404.28 (Taka fifty-three lac fifty-two thousand four hundred four and Paisa twenty-eight) only as calculated on 31.8.2004. The suit was ultimately decreed ex parte on 18.11.2004 without sale of goods those were pledged by the petitioner as a primary security......ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
....ssession of the property was delivered to him with a condition that outstanding dues of Taka 11,00 lakh out of the total consideration money be paid to RAJUK by him for which Taka 11,00 lakh would be excluded from total consideration money and the defendant No. 1 would execute the deed receiving the......wever, the defendants did not adduce any evidence, oral or documentary, before the trial Court. The learned Joint District Judge dismissed the suit on contest against the defendant Nos.1 and 2 and ex parte against the rest by the judgment and decree dated 19-6-2007.
5. Being aggrieved by the af......ubstance hi the submissions of the learned Advocate for the petitioners.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 119.
..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
....Nos.1 and 2 moved the High Court Division a writ petition challenging the said order of drawing up the final decree on the ground that the Adalat erred in law in drawing up the final decree after the expiry of three years from the date of the preliminary decree. The High Court Division accepted the ......r an appeal lies against an order of the Artha Rin Adalat has been considered in Sarder Jan-e Alam Vs. Arab Bangladesh Bank Ltd., 4 BLC (AD) 178. In that case the facts are that in pursuance of an ex-parte decree, the decree holder-Bank put the decree into execution for realization of the decreetal ......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)
...., other than the recourse prescribed by specific provisions governing the issue— It is an admitted proposition that the present plaintiff-petitioner did not file any application before the executing Adalat under section 32 of the Ain, 2003 but he has filed the present suit witho...... said NGO failed to liquidate the loan and thereupon, the Bank instituted a suit for realization of its outstanding dues against the authority of Grameen Samaj Kendra and the said suit was decreed ex-parte beyond the knowledge of the trust authority; that Shankar Basu was not empowered to mortgage t......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53 ..Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2
Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)
....a for recovery of loan amounting to Taka 6,69,706/- (six lac sixty-nine thousand seven hundred six) only against the petitioner’s parents Taimur Ali and Nasira Bibi. The suit was ultimately decreed ex parte on 22.3.2005 (decree signed on 29.3.2005) giving 60 (sixty) days time to the judgment debto......or recovery of loan amounting to Taka 6,69,706/- (six lac sixty-nine thousand seven hundred six) only against the petitioner’s parents Taimur Ali and Nasira Bibi. The suit was ultimately decreed ex parte on 22.3.2005 (decree signed on 29.3.2005) giving 60 (sixty) days time to the judgment debtors ......out the auction sale and filed Miscellaneous Case No.29 of 2007 for setting aside the ex parte decree depositing 10% of the decretal amount, but it was dismissed. Being aggrieved by the said order of dismissal, he preferred Artha Rin Appeal No.4 of 2007 depositing 40% of the decretal amount. The lea..Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175
Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....tance of a judgment-debtor in a mortgage decree, was issued calling in question order dated 12-11-2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution Case No.319 of 2006 (second execution case) rejecting the petitioner's application for rejection of the execution case as be...... of loan amounting to Taka 10,43,454.18 (Taka ten lac forty three thousand four hundred fifty-four and Paisa eighteen) only against the petitioner and three others. Ultimately the suit was decreed ex parte on 26-5-2004 and the decree holder-bank put the decree in execution by filing Execution Case N......er section 33(5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579. ..Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2
Md. Hamiduzzaman Vs. Joint District Judge, Artha Rin Adalat, Faridpur and others, 2011, 40 CLC (HCD)
....rd party mortgager were made defendant Nos.1 and 2 respectively in the suit. Although defendant No.1 (Md. Aminuzzaman) entered into appearance, did not contest the suit and as a result it was decreed ex parte on 8.5.2005. Thereafter the decree holder-bank filed Artha Rin Execution Case No.104 of 200......party mortgager were made defendant Nos.1 and 2 respectively in the suit. Although defendant No.1 (Md. Aminuzzaman) entered into appearance, did not contest the suit and as a result it was decreed ex parte on 8.5.2005. Thereafter the decree holder-bank filed Artha Rin Execution Case No.104 of 2005 i......e may be, which have been deposited by them in favour of the decree holder-bank after issuance of the certificate. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 20 Jan, 2011 | Hits: 233
Mirza Ahsan Habib Vs. Judge, Artha Rin Adalat, Khulna and another, 2011, 40 CLC (HCD)
....tance of a judgment-debtor in a mortgage decree, was issued calling in question order dated 12.11.2007 passed by the Judge, Artha Rin Adalat, Khulna in Artha Rin Execution Case No.319 of 2006 (second execution case) rejecting the petitioner’s application for rejection of the execution case as bein......on of loan amounting to Tk.10,43,454.18 (Taka ten lac forty-three thousand four hundred fifty-four and Paisa eighteen) only against the petitioner and three others. Ultimately the suit was decreed ex parte on 26.5.2004 and the decree holder-bank put the decree in execution by filing Execution Case N......r section 33 (5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 19 Jan, 2011 | Hits: 305
....nbsp;
Result:
The appeal is allowed.
Bangladesh Shilpa Rin Sangstha Order (PO 128 of 1972); Article 33(1)(d)
The High Court Division concurred with the decision of the trial court excepting that the awarding of interest of Taka 33 lakh for the period prior to the institution of t...... liable for breach of contract and frustration of the project and by the judgment and order dated 21-10-1989 dismissed the miscellaneous case on contest against the respondent Nos.1 and 2 and ex-parte against the rest without cost. The appellant being aggrieved by the aforesaid judgment and ord......rther compensation calculated at the rate of bank interest prevalent at the time of the institution of the suit.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 66.
..
Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10
Ayub Ali Sheikh alias Buna Vs. State, 2010, 39 CLC (HCD)
.... saying that, the accused took her daughter in a nearby sugar-cane field and rapped her; thereafter her daughter returned back with bleeding from her genital organ and had narrated the story. On the next day her daughter was treated by Dr. Khaleda. Further prosecution case is that, the local people ......ss his detention is required in connection with any other case. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (2011) 55.......that also supports the prosecution case. Hence, the impugned judgment and the order of sentence and conviction do not warrant any interference by this honorable Court. Accordingly he has prayed for dismissal of the appeal. 12. We have heard the learned Advocate representing the appellant and ..Category: Women and Children | Date: 11 Oct, 2010 | Hits: 154
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....ng upon the respondents to show cause as to why the impugned Order dated 17-4-2008 passed in Miscellaneous Case No. 390 of 2008 (arising out of Artha Rin Case No. 293 of 2003) by respondent No. 1 (Annexure-G) setting-aside the judgment and decree dated 7-8-2008 (Annexure-D and D1) passed in Artha Ri......as finally discharged. As a result, the Adalat proceeded with the suit again, and by judgment and decree dated 7-8-2006 dismissed the suit as against the petitioners, however, decreed the same exparte against Sonali Bank, whereupon Uttara Bank put the said exparte decree into execution through ......eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Rehana Begum and another Vs. State, 2010, 39 CLC (HCD)
...., District-Natore, alleging, amongst others, that on 27.07.2001, at about 10.00 a.m. the accused Rehana Begum, wife of the accused Jamal Mollah, called away his daughter Most. Asma Khatun (17) on the excuse of sewing a katha (a homemade blanket type wrapper used during winter) from the house of the ......sult, the appeal is dismissed. Send down the Lower Court Record at once. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 75; 30 BLD (HCD) (2010) 448. ......ties and upon assessing the evidence of all the witnesses, therefore do not suffer from any illegality and the same do not warrant any interference by this honorable Court. Accordingly, he prayed for dismissal of the appeal. 10. Points for determination before us is to consider as to whether the ..Category: Women and Children | Date: 1 Aug, 2010 | Hits: 227
Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
.... July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffered by him and the exact loss caused to him for which the defendant is liable to be called upon to answer his demand.........ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......eply of the reply of his 2nd charge sheet, on 6.7.1983 when the disciplinary action was taken against the defendant, on 25.8.1985 when the Title Suit No.146 of 1983 filed by the defendant against the dismissal order has been dismissed by this Court and the said cause of action still subsists under P..Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38
....arcane and Food Industries Corporation under Article
25 of the Bangladesh Industrial Enterprises (Nationalization) Ordinance, 1972.
Hence, protection under Article 135 of the Constitution cannot be extended to
him for being outside the class of “persons in the service of the Republic”. There
......hamala, 1989
Principle
of natural justice and the necessity to issue show cause notice before the
termination of service of an employee of any statutory body
The doctrine of audi
alteram partem is applied even though the statute is silent about the
application of the same and that the ......ed by the Board of Directors of
Bangladesh Sugarcane and Food Industries Corporation under Article 25 of the Bangladesh
Industrial Enterprises (Nationalization) Ordinance, 1972. For the purpose of
dismissal, removal, demotion, deduction of salary etc. the provisions as
enumerated in Chapter VII ..
Category: Employment/Service Law | Date: 18 Jul, 2010 | Hits: 5
Mohi Ahmed Chowdhury Vs. Kashipur Tea Estate Company Limited and others, 2010, 39 CLC (HCD)
....nd an application was filed, as it appears from office note that after 460 days. On perusal of the application for re-admission of the appeal, this long delay has not been properly and satisfactorily explained and thus the application cannot be granted for setting aside the order of dismissal f......ssal for default. In the result, this application is rejected. Md. Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 309; 18 BLT (HCD) (2010) 415. ......9 passed by a Division Bench of this Court dismissing the appeal for default. 2. Normally in such type of application we have jurisdiction to re-admit the appeal after setting aside the order of dismissal for default. But that should be before drawing up the decree as when the decree drawn up i..Category: Procedural Law | Date: 18 Jul, 2010 | Hits: 140
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....pondent No.2, Manager, United Commercial Bank Limited, Chapai Nababgonj filed Artha Rin Suit No.2 of 2006 against this petitioner and others for realization of outstanding loan. That suit was decreed ex-parte by the Judgment and order dated 25-4-2007. Thereafter, on 14-3-2007 the decree-holder bank ......dent No.2, Manager, United Commercial Bank Limited, Chapai Nababgonj filed Artha Rin Suit No.2 of 2006 against this petitioner and others for realization of outstanding loan. That suit was decreed ex-parte by the Judgment and order dated 25-4-2007. Thereafter, on 14-3-2007 the decree-holder bank fil......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
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