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Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)
....t No. 1, enlisting the collusive support of defendant No. 2, a tenant under the plaintiff in the southern portion of plot No. 799, illegally encroached upon the aforesaid Schedule 1 (Ka) land and had excavated foundation of a pucca wall thereon without keeping any vacant space between the two plots.......e suit, i.e. on 11.10.89 the plaintiff also filed the application for temporary injunction and on the same date a Pleader Commissioner was appointed for local inspection upon the plaintiffs prayer ex parte. The Pleader Commissioner held local inspection on the same day at 4.00 PM and submitted his r......he 1st Court of Assistant Judge, Chittagong, is directed to be dispoed of as early as possible, not later than the 30h November, 1992. Ed. This Case is also reported in: 45 DLR (AD) (1993) 168. ..Category: Property Law | Date: | Hits: 66
Haji Sk Md. L Rahman Vs. Chair, Court of Settlement, BD Abandoned Building & anr, 1993, 22 CLC (AD)
....ed properly under PO 16 of 1972. It appears that the Court of Settlement on a mere comparison of the signature of the lessee Md. Hussain on the indenture of the agreement and on the kabala executed by him in favour of Md. Khalil on 21.8.1970 held that the kabala does not appear to be a v......ved: Abdur Rab 1, Advocate-on-Record-For the Appellant M Shamsul Alam, DAG instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent No. 2 Respondent No. 1-Ex parte. Civil Appeal No. 78 of 1990. (From the Judgment and order dated 19th June, 19...... case after giving adequate opportunities to the parties to prove the genuineness or otherwise of the kabala in question. Ed. This case is also reported in: 45 DLR (AD) (1993) 136 ..Category: Property Law | Date: | Hits: 63
Jahiruddin Mollah (Md) Vs. Hosne Ara Begum and others, 1993, 22 CLC (AD)
....on on the ground of "contiguity." 3. The learned Single Judge did not find Plot No. 2573 to be contiguous to appellant's land, Plot No. 2575, and refused pre‑emption to this extent relying upon an observation of this Court in Ahmed Hossain Ys. Basharat Ali, 32 DLR (AD) 54......him), instructed by Md. Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. Shamsul Haque Siddique, Advocate-on-Record -For the Respondent Nos. 1‑6 Respondent No. 7-Ex parte Respondent Nos. 8-18-Not represented Civil Appeal No. 30 of 1988. (From......on as a whole, that is of both the plots, we find, has been rightly refused. The appeal is dismissed with costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 118 ..Category: Property Law | Date: | Hits: 72
Nazimuddin Molla, (Md) Vs. Government of the People's Republic of BD & ors, 1993, 22 CLC (AD)
....tion No. 1982 of 1991 and obtained an order of stay on 9.9.91 in the following terms, inter alia: “……..Pending hearing of the Rule, lot the operation of impugned Annexure F dated 25.8.91 be stayed so far it relates to the petitioner vide serial No. 5 and the re......ted by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-record -For Respondent No. 5. Ex parte - Respondent Nos. 1-4, 6 and 8. Civil Appeal No. 34 of 1992. (From the Judgmen......ding or purporting to hold the office of Chairman of Rajapur Union Parishad, District Jhalakati without lawful authority. Ed. This case is also reported in: 45 DLR (AD) (1993) 115 ..Category: Election Law | Date: | Hits: 106
Alfu Miah and others Vs. Government of the People's Republic of Bangladesh, 1993, 22 CLC (AD)
....nsif, Dhaka against the Government and other respondents for permanent injunction in respect of CS Plot Nos. 11, 32 and 37 of SC Khatian No.139 of Mouza Nandanbag, PS Keraniganj. The suit was decreed ex parte onJanuary 9, 1970. On an application by the Government the ex parte decree was set aside an......f, Dhaka against the Government and other respondents for permanent injunction in respect of CS Plot Nos. 11, 32 and 37 of SC Khatian No.139 of Mouza Nandanbag, PS Keraniganj. The suit was decreed ex parte onJanuary 9, 1970. On an application by the Government the ex parte decree was set aside and t......cords whether such a decree could be passed on the assertions/evidence of the plaintiff, but the Court is not required to delve deep into the matter and ferret out a defence plea that may lead to the dismissal of the plaintiffs case. 13. The Court is not required to give an elaborate Judgment. H..Category: Limitation Law | Date: | Hits: 271
Serajul Islam Vs. Bangladesh Consumer's Supply Company Ltd. and another, 1993, 22 CLC (AD)
....ort was wrong in that the handling shortage as permissible by two circular orders were not considered and further that he deposited the spoiled goods worth Tk. 8850.00. Being not satisfied with his explanation the defendant constituted a Committee of Enquiry. The petitioner appeared before the Co......sion of law in High Court Division's order restoring the petitioner's dismissal from service. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 100 ......y Co. Ltd. is challenging an order of the High Court Division dated 6 June 1989 reversing, in a writ petition, Labour Court's order for his reinstatement upon setting aside the employees order for dismissal. 2. He was a salesman under the respondent in their Dhanmondi shop. On the basis o..Category: Labour and Industrial Law | Date: | Hits: 79
Golam Md. Vs. Sr. S N Kanangoe being dead his heirs Sr. Biman B Kanangoe & ors., 1993, 22 CLC (AD)
....e of pre‑emption. Failure to add one of the co‑sharers as a party will result in the failure of the application on the ground of defect of party, he submits. He further submits that the express provision of adding all co-sharer-tenants in an application under section 96 of the State ......by Md. Sajjadul Huq, Advocate- on-Record-For the Appellant S. C. Das, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For Respondent No. 1. Respondents Nos. 2-10-Ex parte. Civil Appeal No. 12 of 1988 (From the Judgment and Order dated 25.11.85 passe......to interfere with the Judgment and order of the High Court Division. The appeal is dismissed without any order as to cost. Ed. This case is also reported in: 45 DLR (AD) (1993) 86 ..Category: Property Law | Date: | Hits: 85
Bank of Credit & Com. (Overseas) Ltd now Eastern Bank Ltd Vs. Tajul I Chy & anr, 1993, 22 CLC (AD)
....rder of the High Court Division, but during the pendency of the appeal all commercial activities of the appellant- Bank BCCI were stopped by the Government of Bangladesh with effect from 20.8.91 in exercise of powers under section 77(2) of the Banking Companies Act, 1991. Eastern Bank Ltd. has f......cord -For the Appellant. Asrarul Hossain, Senior Advocate (Syed Amirul Islam, Advocate with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Respondent No. 1. Ex parte- Respondent No. 2. Civil Appeal No. 26 of 1991 (From the Judgmen...... General Secretary of the BCCI Employees Union, was dismissed from service on 16.2.88 for misconduct. Upon his filing complaint Case No. 19 of 1988, the First Labour Court, Dhaka held the order of dismissal to be legal but in view of severity of sentence converted it to one of termination from s..Category: Labour and Industrial Law | Date: | Hits: 100
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
.... a suit for dissolution of marriage on 30th September, 1980. The couple lived in the house from January, 1973 till July, 1980. The husband realised Tk. 8000.00 per month from the tenants. The wife executed a power of attorney on 25th April, 1978 in favour of her husband, but that power was cance......he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 ......he laws enacted more than a hundred years ago. 39. After considering several factors we have overcome our initial reluctance to go beyond affirming the Appellate Court’s order of dismissal of the suit as framed. In this case the husband can, by no means, be termed as a trespass..Category: Property Law | Date: | Hits: 80
Alhaj Mokter Hussain Talukder Vs. Ainuddin Ahmed and others, 1992, 21 CLC (AD)
....h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......h circumstances we shall be slow to unsettle a settled view followed for a long time. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 37 ......of 1959 in the First Court of the Assistant Judge, Patuakhali which was dismissed for default whereupon an application under Order 9 rule 9 of the Code of Civil Procedure was filed for setting the dismissal aside. The resulting Miscellaneous Case No. 407 of 1980 was also dismissed for default an..Category: Property Law | Date: | Hits: 63
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....sion recommending the setting aside of the Order dated 7.3.79, but as the learned Advocate for the plaintiff could not attend the High Court Division on the date of hearing the Reference was heard ex parte and it was rejected on 30.1.80. The plaintiff apprehending that on receipt of the records ......n recommending the setting aside of the Order dated 7.3.79, but as the learned Advocate for the plaintiff could not attend the High Court Division on the date of hearing the Reference was heard ex parte and it was rejected on 30.1.80. The plaintiff apprehending that on receipt of the records of ......osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ..Category: Property Law | Date: | Hits: 81
Government of Bangladesh Vs. Shakhipur Islamia High School, 1993, 22 CLC (AD)
....ition of hat. 8. Sub‑section (2) of section 13 of General Clauses Act provides that in all Acts of Parliament and Regulations, unless there is anything repugnant in the subject or context, words in the singular shall include the plural, and vice versa. 9. Respondent contends......e appeal is allowed. The trial Court will decide the suit in the light of the judgment of the appellate Court. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 23 ......e background of the legislation and some other provisions of the IRO, 1969, the Tribunal's interpretation was rejected and it was held that the dispute brought by the petitioner against an order of dismissal was an individual dispute and not an industrial dispute within the meaning of clause (XI..Category: Property Law | Date: | Hits: 64
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
.... RELATED MATTERS. "The Government of the People's Republic of Bangladesh and the Government of the Republic of India, “Bearing in mind the friendly relation existing between the two countries, "Desiring to define more accurately a certain p......he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......mmary disposal and yet they granted the certificate. Such a mechanical approach cannot but call for strong disapproval. Indeed it was not that the appellant alone who felt aggrieved by the summary dismissal of his application by the High Court Division, the respondents also made the grievance th..Category: Constitutional Law | Date: | Hits: 716
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....elating to S M. Akbar and others were also quashed and they were ordered to be set at liberty. 3. The learned Attorney-General appear-for the appellant firstly contended that order passed in exercise of powers under sections 435 and 439 of the Code by the learned Judges of the High Court ......e result, therefore, is that both the appeals are allowed and the orders passed by the High Court Division in Criminal Revision Case No. 264 of 1972 and 13 of 1973 are set aside Ed. ......ndent was found to be unacceptable Their Lordships of the Privy Council observed that the reasons given by the High Court may be good ground for rejection of accusation of the informant and of the dismissal of any prosecution lodged upon his information, if such a prosecution ultimately takes pl..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....overnment turned down his mother's application to restore his citizenship, but he was allowed to come to Bangladesh on 11 July 1978 to see his ailing mother with a visa for three months. His visa was extended twice. For avoiding a possible deportation, on 8 November 1978 he filed an application for ...... prior show cause notice on the respondent, then not residing in Bangladesh. 17. In support of his contention that the impugned notification was bad for violation of the principle of audi alteram partem the respondent relied on a number of decisions before the High Court Division R Vs. Universit......2B of the Order and the learned Attorney‑General having accepted the position, I refrain from saying anything on this score. Ed. This case is also Reported in: 46 DLR (AD) (1994) 192. ..Category: Immigration and Citizenship Law | Date: | Hits: 522
Chittagong Chemical Complex Vs. The Chairman, Labour Court and another, 1994, 23 CLC (AD)
....R (AD) (1994) 182. ......tance of the Chittagong Chemical Complex, the employer, is directed against an order of the High Court Division summarily rejecting Writ Petition No. 118 of 1989 and refusing to interfere with the ex parte judgment and order of the Labour Court, Chittagong, passed in Complaint Case No. 193 of 1986, ......1986, re-instating Respondent No. 2 in service. 2. Respondent No. 2, a Senior Accounts Clerk under the appellant, was dismissed from service on the ground of misconduct. He challenged the order of dismissal before the Labour Court, Chittagong, by a Complaint Petition, Case No. 193 of 1986, on the..Category: Labour and Industrial Law | Date: | Hits: 103
Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
....ce is placed on Abdul Awal Chowdhury Vs. Md. Waliullah, 12 DLR 520 and Md. Anwar Ali Vs. State & Nezamuddin 30 DLR 327. In 12 DLR 520 it was held that intention to cheat must be proved to have existed at the time when the offence was committed and subsequent conduct or failure to fullfil a p...... MA Wahhab Miah, Advocate, instructed by Shamsul Hoque Siddique, Advocate-on-Record -For the Appellant. Sharifuddin Chaklader, Advocate-on-Record- For the Respondent No. 2. Ex parte - Respondent No. 1. &nb...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
.... filed an affidavit-in-reply thereto. 4. The learned Judges of the High Court Division after hearing the parties held by its judgment and order dated 3.8.92 that in appropriate cases a court exercising writ jurisdiction may adopt measures analogous to the procedure under Order IX Rule 13 C......s to have prevailed in this case as it should in all cases of this kind and since the learned Judges felt that the Rule was of such contentious nature involving public interest that its disposal ex parte will work injustice not only Lo the respondents but also to the public at large we would be ......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
....brothers. Shakti Benode and his two brothers while in possession entered into a contract on 11.12.55 for sale of the suit premises in favour of proforma defendant 3 Nasiruddin and a Bainapatra was executed by the vendors in favour of one Mohammad Bakht, a benamdar of proforma‑defendant 3. ......ian of Enemy Property and others on the allegations that they have taken settlement of the disputed premises from Shakti Benode on behalf of three brothers and their mother Snehalata, and got an ex parte decree of permanent injunction. Proforma-defendant 3 was not impleaded in the said suit. The ......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ..Category: Civil Law | Date: | Hits: 134
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....ng aside the two orders passed by the Munsif, Additional Court, Sylhet in Title Suit No. 117 of 1986, rejecting the applications for amendment of the written statement and for recalling PW 1 for re‑examination. 2. To narrate the cases of the parties, in brief, as will be relevant for disposal o......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
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