Judgment search - Chancery Law Chronicles

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M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)

....or recalling the order dated 9-3-2000 passed by the said Court in the said case allowing amendment of plaint, judgment, decree and other documents of Title Suit No. 143 of 1990 after completion of execution of the decree through auction sale and also rejecting the application dated 23-5-2000 fil......Suit No. 143 of 1990. 3. The defendant-petitioners appeared in the said suit and filed written statement but ultimately did not contest the suit and accordingly the said suit was decreed ex-parte on 17-2-1991 in preliminary form. The defendant-petitioners thereafter filed Miscellaneous Ca......or postponement of auction sale in respect of 3rd, 4th and 5th floors of the said buildings, that the said Miscellaneous Case was also dismissed and Mr. Habib Gazi being aggrieved by the aforesaid dismissal of his aforesaid Miscellaneous Case filed Civil Revision No.2777 of 1993 in the High Cour..

Category: Banking Law | Date: | Hits: 112

....ecurity before commencement of the arbitration proceeding as Bangladesh Shilpa Rin Sangstha (BSRS), in the meantime, invoked the performance guarantee; the respondent Nos.1 and 2 subsequently also expressed their unwillingness to deposit the balance portion of their fees; in the above situation ......Senior Advocate with him), instructed by Nawab Ali, Advocate-on-Record- For Respondent Nos. 3-4. Ex parte- For Respondent Nos. 1-2, 5-6. Civil Appe...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..

Category: Business or Commercial Law | Date: | Hits: 94

Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)

....ame mistake was committed by the learned Judge himself and it was wrongly held that the elements constituting adverse possession are lacking in the case. The evidence of defendant No.1 DW 1 who was examined on commission and the only witness for the defendants if considered along with other evide......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ..

Category: Property Law | Date: | Hits: 53

Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)

....nbsp; Md. Fazlul Karim J.- This appeal by leave at the instance of the plaintiff arose to consider the grounds raised by the learned Advocate for the appellant that Annexure-A dated 23-2-1988 is a letter from Deputy Chief of Energy and Mineral resources Ministry to G...... NH Khandker, Advocate-on-Record— For Respondent No. 1. Sharifuddin Chaklader, Advocate-on-Record — For Respondent No. 4. Ex parte — Respondent Nos. 2, 3 and 5. Civil Appeal No. 122 of 1997 ...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....m the above regulation it appears that an employee may opt to retire from service after completion of 25 years of service by giving 30 day’s prior notice. Similarly, Corporation may if it considers expedient so to do retire from service an employee at any time after he has completed 25 years of se......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ..

Category: Employment/Service Law | Date: | Hits: 186

Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)

....this point was not raised before Waqf Administrator and therefore held that the issue could not be raised at that stage particularly after the close of hearing of the parties. The respondent No. 1 next point was that this appellant before his appointment as Mutwalli while acting as Imam of the m...... Sadat Ali Khan, Advocate, instructed by Md. Hossain, Advocate-on-Record—For the Appellant. S Ahmed, Advocate-on-Record—For Respondent No.1. Ex-parte—Respondent No. 2. Civil Appeal No. 58 of 1997. ...... The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 158. ..

Category: Trust/Waqf Law | Date: | Hits: 209

Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)

.... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ...... failing to remove the respondent through a proceeding and thereafter failing to send him on compulsory retirement under regulation 55(2) finally terminated him from service and such termination is dismissal in the garb of termination and as such without lawful authority. Cases Ref..

Category: Employment/Service Law | Date: | Hits: 75

Government of Bangladesh and others Vs. Md. Sharfuddin Mollah, 2002, 31 CLC (AD)

....ons) Ordinance, 1976 and wrongly held that it was only DIG of Police who could proceed against the respondent and not the Superintendent of Police under the PRB, that the Ordinance of 1976 has not excluded the operation of the PRB in respect of disciplinary matters of the Police force and that i...... The order of dismissal in respect of the respondent is maintained. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 120. ......rder dated 10th June, 1997 of the Administrative Tribunal (AT), Bogra in Case No. 34 of 1996. 2. Respondent filed the aforesaid AT Case challenging legality of the order of his dismissal dated 30th December, 1995 passed by Superintendent of Police, Khulna (appellant No. 3) fo..

Category: Administrative Law | Date: | Hits: 116

Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)

.... condition was sound and that he did not leave any debt at the time of his death, but by making untrue statements as regard necessity of money for the purpose of repayment of debts, and to meet the expenses of offering of ‘Pinda’ and for some other purposes Borodh Kanta Roy obtained l.......(19) Lawyers Involved- Mahbubey Alam, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Appellant. Ex parte—The Respondents. Civil Appeal No. 84 of 1998. ......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ..

Category: Property Law | Date: | Hits: 47

Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)

....ld ultimately finalise the matter of procurement of the cranes (14 & 15). Since transparency in the policy/decision making as well as in the functioning of public bodies is desired to prevent exercise of the same for collateral purpose, transparency of the decision making authority is a reco......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......f the petitioner for evaluation and the same, as submitted by the learned the petitioner, has already been done. 7. The Chittagong Port Authority later on filed an application with the prayer for dismissal of the leave petition for non prosecution and this Division by the order dated 4th Decembe..

Category: Others | Date: | Hits: 130

Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)

....t he is the successor of the defendant Bainchitala Islamia Junior Madrasah and for a further declaration of title to the land described in the schedule appended to the plaint. The suit was decreed ex parte on 20th November, 1982, Defendant Nos. 6 and 7 (Badaruddin Mandal) of the aforementioned s......e is the successor of the defendant Bainchitala Islamia Junior Madrasah and for a further declaration of title to the land described in the schedule appended to the plaint. The suit was decreed ex parte on 20th November, 1982, Defendant Nos. 6 and 7 (Badaruddin Mandal) of the aforementioned suit......etting aside of the ex parte decree and thereupon Miscellaneous Case No. 76 of 1982 was registered. The said Miscellaneous case was ultimately dismissed on 23rd April 1985. As against the order of dismissal defendant No.7 preferred Miscellaneous Appeal No. 54 of 1985 before the Court of Di..

Category: Property Law | Date: | Hits: 63

Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)

....y. The plaintiff (Government of Bangladesh) brought Other Class Suit No. 791 of 1989 in the Court of Senior Munsif (Assistant Judge), Kishoreganj, against the respondents for declarations that the ex parte decree dated 26 June 1980 passed by the said court in Other Class Suit No. 287 of 1980 was......The plaintiff (Government of Bangladesh) brought Other Class Suit No. 791 of 1989 in the Court of Senior Munsif (Assistant Judge), Kishoreganj, against the respondents for declarations that the ex parte decree dated 26 June 1980 passed by the said court in Other Class Suit No. 287 of 1980 was il...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ..

Category: Procedural Law | Date: | Hits: 97

State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)

....he judgment and order dated 13-8-1991 a Division Bench rejected the reference and allowed the appeals resulting in acquittal of the said respondents. Leave was granted at the instance of the State to examine as to whether the High Court Division correctly followed the rules of appreciation of the ev...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ..

Category: Criminal Law | Date: | Hits: 55

Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)

....ed by him or he was a monthly tenant therein under Jana Jiban Dutta as alleged by the plaintiffs-respondents. High Court Division noticed that PS Khatian, Exhibit B, relating to the suit premises and exhibited by the defendant himself was recorded in the name of the plaintiffs’ Vendor Khairunnessa......th him) instructed by Shar Uddin Chaklader, Advocate-on-Record—For the Appellant. Mahmudul Islam, Senior Advocate instructed by Md Nowab Ali, Advocate-on-Record—For the Respondent No. 2. Ex-parte—The Respondent Nos. 1, 3-6. Civil Appeal No. 91 of 1994. (From the judgment and order ......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..

Category: Tenancy Law | Date: | Hits: 70

Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)

....on for leave for 4 months with a request to forward the same to the General Manager, Dhaka. But the Regional Manager did not forward the same instead brought charge on 14-6-1976 asking him to file explanation to the Enquiry Officer who as well asked him to appear before him on 9-7-1976. The pet......rvice from complying with the law and the procedure. 3. The suit was initially decreed and on appeal the same was sent on remand. Thereafter the suit was again decreed ex parte against which defendant preferred an appeal which was allowed on contest restoring the suit t......ainst which an appeal was as well rejected. An application of the petitioner before the Managing Director to reinstate was of no effect whereupon the petitioner sent a notice alleging his wrongful dismissal from service in violation of principle of natural justice. The defendant denied the alleg..

Category: Employment/Service Law | Date: | Hits: 83

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

.... and order and submits, inter-alia, that the petitioner had been in the service of the bank for about 16 years since 27 January 1984 and for his dedication and honesty he has been promoted and that except the present proceeding initiated on 03.05.1998 there was no other proceeding against ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......r Assistant Judge, Sadar Mymensingh in Other Class Suit No. 205 of 2000. 2. The petitioner as plaintiff filed Other Class Suit No. 205 of 2000 praying for declaration that the order of his dismissal passed by the defendant-respondents from the service of the respondent bank is illegal st..

Category: Employment/Service Law | Date: | Hits: 78

Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

....he basis of his deed of sale dated 22-09-1994………..(21 & 23) Section 14 A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put as express embargo in entertainment of any suit or application against any order or action under the A......d by law. So, I find that there is merit in this revision and as such it should be allowed. In the result, the rule is made absolute on contest against the opposite party no.1 and ex-parte against the rest without any order as to costs. The impugned order of the learn....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 77

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

..... Thereafter the Secretary, Ministry of Social Welfare by order dated 11.11.99 framed charge on the selfsame allegations in the previously disposed of charges and directed the respondent to submit explanation within ten working days. In the last portion of the said order the Secretary directed s......stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ...... by order in writing require him to proceed on such leave as may be admissible to him from such date as may be specified in the order. (2) Omitted (3) Where a penalty of dismissal, removal or compulsory retirement from service, imposed upon a Government servant is..

Category: Administrative Law | Date: | Hits: 124

Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)

....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......another Vs. K.A. Bashar and others 6 BLD (1986) AD 305. Lawyers Involved: Mansur Habib, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants. Ex parte- For the Respondents. Criminal Appeal No. 35 of 2000 (From the judgment and......he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 50

Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)

.... impleading the appellant as the sole defendant seeking decree for an amount of Tk.57,074/- and other ancillary reliefs. The said suit was decreed in 1990 and the Respondent No. 2 put the decree into execution by initiating Money Execution Case No. 96 of 1991 and got the mortgaged property sold in a......ecree passed by the Court at Rangpur" and thereupon held that Uttara Bank Limited, Head Office, Dhaka was an unnecessary party in Title Suit No. 135 of 1995 "since the appellant had challenged the ex parte decree and the execution thereof obtained by the defendant No.2 Uttara Bank Ltd., Central Road......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..

Category: Civil Law | Date: | Hits: 130

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