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Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
....n, 1990 enjoys immunity from challenge Sections 5-7 of the Artha Adalat Ain, 1990 provides that, no judgment and decree passed by the Artha Rin Adalat can be challenged in any court of authority excepting filing appeal. ........... (4) Judgment and Order of Artha Rin Adalat – is it c......Rin Adalat. Against such judgment and decree no writ petition lies. ........... (13) Deposit of 50% of decretal amount Artha Rin Adalat specifically provides for only two remedies against exparte decree. It is either by an application or by an appeal, but in both the cases deposit of 50% d......rtha Rin Adalat Ain, 1990, no judgment and decree passed by the Artha Rin Adalat can be challenged in any court of authority excepting filing appeal. With such averments the defendant No.1 prayed for dismissal of the suit with cost. 5. After the suit was registered, the defendant No.1 made an a..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
.... The appeal is allowed. In a suit for specific performance of a contract, the prime consideration is the bainapatra i.e. the agreement itself. If it is found that the bainapatra is executable then next, a decree must be awarded for execution and registration of the same. If there......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ...... and this suit stand dismissed from that date. This appeal was preferred by the defendant without noticing these orders but actually the appeal ought to be filed by the plaintiff against the order of dismissal of the suit. We find substance in the appeal. In the result, the appeal is allow..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... Narayangonj in Miscellaneous Case No.8 of 2006 allowing an application under Order IX Rule 13 of the Code of Civil Procedure and thereby restoring Title Suit No.241 of 1999 after setting aside the ex-parte decree dated 24.6.2008 should not be set-aside. 2. Relevant facts, in short, are that......rayangonj in Miscellaneous Case No.8 of 2006 allowing an application under Order IX Rule 13 of the Code of Civil Procedure and thereby restoring Title Suit No.241 of 1999 after setting aside the ex-parte decree dated 24.6.2008 should not be set-aside. 2. Relevant facts, in short, are that t......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
.... suit by the Government where there is an allegation that summons were shown to have been served upon them…………………………….(11) The onus lies upon the plaintiff who obtained ex parte decree to prove that summons upon the defendants were duly served. When it is established ......it by the Government where there is an allegation that summons were shown to have been served upon them…………………………….(11) The onus lies upon the plaintiff who obtained ex parte decree to prove that summons upon the defendants were duly served. When it is established to ....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
.... Vs. Mirza Shahabuddin Ispahani and others...................Respondents Judgment March 10, 2010. Result: The appeal is dismissed. Amendment of Pleadings In exercising this power the Supreme Court would be reluctant to allow an amendment which would have th...... be a valid letter. 13. Plaintiff seeks as many as 11 reliefs in the plaint. The learned Judge held that, the present suit be partly decreed on contest against defendant No.1-3 with costs and ex-parte against defendant No.4-6 without costs. The title of the plaintiff over the schedule property ....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Sheikh Hasina Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....5; Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporations and others, 55 DLR (AD) 23; R Vs. Lowle 1759; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1KB 281; Leech Vs. Deputy Govern......te Mills Corporations and others, 55 DLR (AD) 23; R Vs. Lowle 1759; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1KB 281; Leech Vs. Deputy Governor of Parkhurst Prison, 1988 AC 533; R Vs. Reading ......ption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 102
Sheikh Hasina Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....udgment March 4, 2010. Result: The Rule is made absolute. Case Referred to- R Vs. Lowle 1759; Groenvelt Vs. burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1 KB 281; Leech Vs. Deputy Gover......ule is made absolute. Case Referred to- R Vs. Lowle 1759; Groenvelt Vs. burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1 KB 281; Leech Vs. Deputy Governor of Parkhurst Prison, 1988 AC 533; R Vs. Reading......uption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Anti-Corruption Laws | Date: 4 Mar, 2010 | Hits: 131
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....if he has misappropriated the property for his personal use and the mischief might be aggravated and less likely to be rectified. The deity has also a right of its own to have a suit instituted by a next friend and anybody can act as next friend and if mischief is done by the Shebait, such mischief ......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......tly, the defendant No. 1 removed the image of the deity from the suit lands and converted the suit property as his personal property. 3. Defendant No. 1, in his written statement claimed for the dismissal of the suit by raising various pleas. His first point is that the plaintiffs have no locus..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
Rezaul Kabir (Md.) and another Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....he basic concept of the Principles of Natural Justice. Further a prior show cause notice must not be a simple paragraph or an idle ceremony but must afford the notice receiver adequate opportunity to explain his position and without such adequate opportunity it will be considered to be no notic...... before any order is passed which is likely to adversely affect a person it is essential that he be given a reasonable opportunity to be heard prior passing such order. The principles of audi alteram partem is the basic concept of the Principles of Natural Justice. Further a prior show cause notice ......ightly instructed the Corporation to remove them from their services and the same calls for no interference by this Court. The learned Advocate further submits that this is not a case of termination, dismissal, discharge, retrenchment or any other punitive action against the Petitioners. It is ..Category: Administrative Law, Employment/Service Law | Date: 22 Nov, 2009 | Hits: 3
....with his family members and he has no other land other than this
property, on the other hand, the preemptor owns substantial land and as such,
he sought dismissal of the preemption case.
5. On examination
of the record, it reveals that initially the preemption case was disallowed by
the Tri......tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......emptee-petitioner has been residing
therein with his family members and he has no other land other than this
property, on the other hand, the preemptor owns substantial land and as such,
he sought dismissal of the preemption case.
5. On examination
of the record, it reveals that initially t..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
.... khas possession therein and for a further declaration that the registered deed of gift in favour of Minoti Bala by the donor Gagon Chandra Sana Roy as well as the registered sale deed dated 5.1.2000 executed by Minoti Bala Saha in favour of defendant Nos.1-5 are forged, fraudulent and not binding u...... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ......s.1-5 in possession of the suit land. The contesting defendants further claimed that they are in possession of the suit land and that the plaintiffs have no title or possession therein and prayed for dismissal of the suit. 5. The trial Court on consideration of the evidence on record found that- th..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
.... Vs. Hasneara Begum and others…………………………Opposite Parties Judgment May 28, 2009. Result: The Rule is made absolute. Setting aside decree ex parte against defendant Scope of Order IX Rule 13 of the Code of Civil Procedure, 1908 ......Vs. Hasneara Begum and others…………………………Opposite Parties Judgment May 28, 2009. Result: The Rule is made absolute. Setting aside decree ex parte against defendant Scope of Order IX Rule 13 of the Code of Civil Procedure, 1908 In......fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....adesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the respondents failed to adopt guidelines, or policy or enact proper legislations to address the issue of abuse of sexual harassment for protecting and safeguarding the rights of the women and girl children at work p......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ...... harassment of a female student of the department. (The Daily Star, May 8, 2006). Students of Sociology Department of Rajshahi University led demonstration in the campus demanding punishment for, and dismissal of, a teacher of the department for alleged sexual harassment of a female student of the d..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....Bandapadhya stopped his legal profession due to his physical disability he took loan of Tk. 10,000/- (Ten thousand) from plaintiff and upon taking a further loan of Tk. 7000/- (Seven thousand) he executed a bainapatra on 15.01.1971 at Barishal acknowledging his earlier receipt of Tk. 10,000/- fo......ently converted those into a contract for sale. After the end of the liberation war defendants found that the plaintiff by using the said stamps created a contract for sale and obtained an ex-parte decree of Specific Performance of Contract through Court and that said decree was cancelled by......le this suit and alleged bainapatra is nothing but a forged, fabricated and collusive document and that the alleged transaction is barred under the provision of P. O.92 and 142 of 1972 and prayed for dismissal of the suit. 5. Upon hearing the parties, the trial court decreed the suit in part. Aga..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....the defendant Nos.1-4 as respondent Nos.1-4 together with the plaintiff-appellants filed a petition for compromise of the suit amongst themselves on 13.3.2000 which was allowed on 31.8.2003 upon examining two witnesses. Accordingly, the appeal was allowed on compromise in terms of the solenama ......eared in Title Suit No.50 of 2001 and filed written statement but, ultimately, did not contest the suit. However, the suit was dismissed on contest against the contesting defendant Nos.1-3 and exparte against the rest. Thereafter, the plaintiffs preferred appeal being No.218 of 2002 wherein the......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....point is involved in this rule which is whether, an appeal is maintainable under Section 41 of the Artha Rin Ain, 2003 before the learned District Judge against an order of the Artha Rin Adalat in an execution proceeding by an aggrieved person who is neither the decree holder nor the judgment debtor......ution proceeding by an aggrieved person who is neither the decree holder nor the judgment debtor, the valuation of the subject matter exceeds Tk.5,00,000/-. 2. Opposite party No.2 obtained an ex parte decree of Tk.7, 85,121/- for 3rd May, 2005 in Artha Rin Suit No.5 of 2005 against the opposite......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
..... Agrani Bank reported in 1 MLR (AD) 373, it has been decided that deposit of 50% decreetal amount as a pre-condition is mandatory both in the case of an appeal or an application for setting aside an ex-parte decree. 22. In the case of Anisur Rahman Vs. Bangladesh reported in 12 BLC-22, it has ......grani Bank reported in 1 MLR (AD) 373, it has been decided that deposit of 50% decreetal amount as a pre-condition is mandatory both in the case of an appeal or an application for setting aside an ex-parte decree. 22. In the case of Anisur Rahman Vs. Bangladesh reported in 12 BLC-22, it has bee......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....ioner should not be posted as Joint District Judge (Previously Subordinate Judge) by maintaining seniority as per Panel of the year 2000, SI. No.37 of the promotion list dated 14.3.2000 (Annexure C-2) published in the official gazette, by implementing the order of withdrawal of suspen......s judgment at their end. 72. However, there shall be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 301. ...... judicial officer and the procedure for obtaining such approval is embodied in Rule 3(d) of the High Court Division Rules Part-1 Chapter-1 which mandates that any such proposal for suspension or dismissal of the subordinate judicial officer shall be placed before the full Court of the High Cour..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
....ct Judge at Dhaka in Title Appeal No.
140 of 2008, which dismissed the appeal upon rejection of the application made
under section 5 of the Limitation Act for condonation of delay and affirmed the
ex parte decree dated 29-5-86.
2. Case of the petitioner, in short, is
that the suit property ......Judge at Dhaka in Title Appeal No.
140 of 2008, which dismissed the appeal upon rejection of the application made
under section 5 of the Limitation Act for condonation of delay and affirmed the
ex parte decree dated 29-5-86.
2. Case of the petitioner, in short, is
that the suit property is ......stituted Title Suit No. 35
of 1993, which was renumbered as Title Suit No. 215 of 2003 against said Dilip
Roy challenging the 'Shebayetnama' of
Digendra Sarker.
10. He made an application for dismissal of
Title Suit Nos. 216 of 2003 and 217 of 2007 on the ground of maintainability
and locu..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
Abdul Hai (Md.) Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....d 22-6-2003, issued at the instance of the writ petitioner Md. Abdul Hai, has called upon the respondent Bangladesh Rifles authority to show cause as to why the order dated 1-10-2001, disclosed in Annexure- C, issued by the respondent No.4 and the order dated 31-10-2001, disclosed in Annexure-F disc......y his all retirement benefits as he is entitled under the law prevailing up to date. However, there shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 485. ....... 7. The learned Senior Counsel Mr. Munsurul Hoque Chowdhury vehemently argues that the provision of section 8 of the Bangladesh Rifles (Special Provisions) Ordinance 1976, being the provision for dismissal simpliciter, the BDR authority was empowered to discharge any of its employee, without ass..Category: Employment/Service Law | Date: 18 Nov, 2008 | Hits: 33
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