Search Options
Judgment Advanced Search
Displaying 1681-1700 of 1761 results.
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
....ituted Title Suit No. 22 of 1976 subsequently renumbered as Title Suit No. 42 of 1982 in the Court of the Subordinate Judge, Jhenidah against the defendant-respondents praying for setting aside the ex parte decree dated 27.8.1974 which they obtained in their Title Suit No. 3 of 1959 on the alleg......structed by Md. Nawab Ali, Advocate-on-Record — For the Appellants. B Hossain, Advocate-on-Record — For the Respondents Nos. 1-3, 5-6, 8-15, 17-18, 22-66, 31-34, 37-40. Ex parte — For the Respondent Nos. 4,7,16, 19, 21, 27-30, 35-36, 41, 44-45. Civil Appeal...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ..Category: Property Law | Date: | Hits: 61
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....or there-about, originally belonged to one Dr. S M Shamim, who took a loan from Rupali Bank (the then Muslim Commercial Bank) on 26.6.70 and on his failure to repay the loan Rupali Bank obtained an ex parte decree on 26.7.72 against Dr. Shamim in Money Suit No. 32 of 1972 from the 3rd Court of M......here-about, originally belonged to one Dr. S M Shamim, who took a loan from Rupali Bank (the then Muslim Commercial Bank) on 26.6.70 and on his failure to repay the loan Rupali Bank obtained an ex parte decree on 26.7.72 against Dr. Shamim in Money Suit No. 32 of 1972 from the 3rd Court of Munsi......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ..Category: Property Law | Date: | Hits: 61
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....the Munsif at Narail, for setting aside the said compromise decree in the said Rent Suit No. 602 of 1962 of that Court, alleging, inter alia, that she neither filed the said rent suit, nor did she execute any power in favour of Mr. Ataur Rahman engaging him as her pleader. She further alleged th......the fraudulent compromise decree on the 10th June, 1966 and filed the application the next day for setting aside the said fraudulent compromise decree. The learned Munsif allowed the application ex parte and set aside the said compromise decree by an order dated 20.8.66. As against this order the......on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ..Category: Property Law | Date: | Hits: 69
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
.... Kabala dated the 18th Jaistha, 1353 BS corresponding to 1.6.1946. After his purchase the plaintiff filed TS No 79 of 1949 for the redemption of the mortgage and obtained a decree on 12.7.1950 and in execution of decree took delivery of possession on 18-5-1951 and had been in possession of the same ......ry, it is found that defendant No. 1 and one Anwar Ali, predecessor of defendant Nos. 6 to 12 filed written statement in the redemption suit but ultimately did not contest and the suit was decreed ex parte. Defendant Nos. 3 and 4 of this suit were also parties in that redemption suit but they neithe......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ..Category: Property Law | Date: | Hits: 82
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....titioner, that the respondent No. 2 took steps under the provisions of clauses (a) and (b) of sub-section 3 of section 34 on that very day in making enquiries in the matter whether the document was executed by the persons by whom it was purported to have been executed also satisfied himself abou......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ......64 and, accordingly, dismissed the appeal. This Ordinance in question, however expired on 31.3.1969 in view of the fact that its operation was limited upto that date by its own provision After the dismissal of the appeal when this information was communicated to the petitioner the petitioner too..Category: Property Law | Date: | Hits: 73
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
.... court so long. The defendants must take the consequence of their own laches. Moreover there is nothing specific to show that the defendants were absent from the country on the date of passing the ex parte decree…..(5) Lawyers Involved: Md. Abdul Hannan, Senior Advocat......urt so long. The defendants must take the consequence of their own laches. Moreover there is nothing specific to show that the defendants were absent from the country on the date of passing the ex parte decree…..(5) Lawyers Involved: Md. Abdul Hannan, Senior Advocate, ......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....tation Act, 1908 (IX of 1908), Section 5 (i) An abatement can be set aside at any time even beyond the period prescribed for making an application in that behalf if sufficient cause is shown explaining the delay……..(8) (ii) It is a misconception that for condonation o......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ......ion 5 of the Limitation Act setting out the facts and the reasons for the delay, it is not absolutely essential that a formal application must be filed as a matter of inflexible rule on pain of dismissal of the main application itself. If the main application contains the entire facts or rea..Category: Property Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....eto a Rule was issued for quashing the criminal proceedings pending in the Court of Thana Magistrate, 1st Class, Sonargaon, Narayanganj. The Rule was ultimately discharged on the ground that before exhausting the remedies provided under section 265C or 241A of the Code of Criminal Procedure an a...... Advocate-on-Record — For the Appellants. Shafiuddin Ahmed, Deputy Attorney-General, instructed by Shamsul Haque Siddique, Advocate- on-Record — For Respondent No. 1. Ex-parte — Respondent No. 2. Criminal Appeal No. 19 of 1997 (From the Judgment...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ..Category: Criminal Law | Date: | Hits: 69
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....e, Dhaka……………... Respondent Judgment June 6, 1999. The Constitution of Bangladesh, 1972 Article 134 (i) As malafide vitiates every exercise of power, a malafide exercise of pleasure by the President under Article 134 of the Const......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ......ere negatived. It was found by this Division, inter alia, that no case has been made of malafide or coram non judice or excess of jurisdiction. 5. Now the petitioner submits that after the dismissal of his civil petition he came to lay his hands on an extract from a Ministry of Defence f..Category: Employment/Service Law | Date: | Hits: 89
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
....ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ......ribunal committed no illegality in passing the impugned judgment. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 145. ...... June 26, 1997. The Administrative Tribunals Act, 1980 (V of 1981) Section 4 The petitioner can not claim financial benefit as a matter of right for the period of dismissal after reinstatement as per order of the Tribunal the petitioners conduct not being found..Category: Administrative Law | Date: | Hits: 144
....hority passes an order on a competent appeal.
We therefore find no ground for ultimate interference. The petition is dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 144.
......hority passes an order on a competent appeal.
We therefore find no ground for ultimate interference. The petition is dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 144.
......1961 before the Appellate Authority, but by letter dated 18-6-88 the Appellate Authority disallowed the appeal, inter alia, on the ground that it was filed not within 6 months of the date of order of dismissal, as provided by the Rules, but after 1 year and 22 days thereof. The petitioner then filed..
Category: Employment/Service Law | Date: | Hits: 83
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
.... need not wait till he works 48 hours a week to get the overtime allowance at double the ordinary rate of his wages. For him the working hour fixed by settlement is the normal working hour and any extra hour of work beyond the settled and stipulated working hour will be overtime work and the man......Rokanuddin Mahmood, Senior Advocate,(Abdul Momen Chowdhury, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record — For Respondent Nos. 2-4 (In both the Appeals). Ex-parte — Respondent No.1 (In both the Appeals). Civil Appeal Nos. 41 and 42 of 1995. ......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....laint case at the time of hearing and introduced a new case without amending the plaint. 9. Secondly, he urged that the learned Judge of the High Court Division committed an error of law in excluding the farogs (rent receipts) from consideration on the ground that in the plaint the farogs......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......s, inter alia, that the plaintiff had failed to prove his title and possession in the suit land and that the suit was barred by limitation. 5. The appellate Court set aside the judgment of dismissal and decreed the suit reversing the findings of the trial Court. 6. In revision th..Category: Property Law | Date: | Hits: 65
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
..... The Code of Civil Procedure, 1908 (V of 1908) Section 151 The learned single judge committed no illegality in affirming the order passed by the trial court in exercise of his power under section 151 of the C.P.C , the trial court having restored the case on ......f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ......rder passed by the trial court in exercise of his power under section 151 of the C.P.C , the trial court having restored the case on the ground of filing the petition for restoration on the date of dismissal of this suit. …..(6) Lawyers Involved: Sultan ..Category: Procedural Law | Date: | Hits: 118
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....er the High Court Division has not assigned any reason for imposing a heavy cost of Taka 3,000.00. We think it was not quite proper to award such a big amount as cost, particularly, when it was an ex parte hearing. That part of the order imposing cost is set aside. The petition, however...... the High Court Division has not assigned any reason for imposing a heavy cost of Taka 3,000.00. We think it was not quite proper to award such a big amount as cost, particularly, when it was an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, i...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..Category: Business or Commercial Law | Date: | Hits: 106
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....rinciple where an alternative statutory remedy is available a writ petition under Article 102 of the Constitution shall not be entertained to short circuit the statutory procedure. But there may be exceptional situations where, in spite of statutory provision of an alternative remedy, the High C......qually efficacious. Where writ petitioner had already availed of the alternative remedy writ petition was not maintainable………………….(17) The ex parte decree obtained by the writ petitioner is a declaratory decree simpliciter without any prayer......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....alue as notified in the said notification and obtain release of the goods in question. He made a representation to the Chairman, National Board of Revenue, respondent No. 3, on 15-3-90 praying for exemption from payment of additional duties and taxes leviable on the said consignment on the basis...... 48 DLR(AD) 199. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record— For the Appellants in all appeals. Ex parte—the Respondents in all appeals. KS Nabi, Attorney-General—Amicus Curiae. ......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ..Category: Business or Commercial Law | Date: | Hits: 99
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....issal had been passed in accordance with law. 3. A Division Bench of the High Court Division by its judgment and order dated 29-8-95 made the Rule absolute and declared the order of dismissal (Annexure ‘A’ to the writ petition) and the order passed by the Board, contained in Annexure ‘G’......same by the impugned order. In the facts and circumstances of the case we find little merit in his leave petition. It is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 31.......nment Intermediate College Teachers (Board of Intermediate and Secondary Education, Jessore) Terms and Conditions of Service Regulations, 1979, Regulation 12 Any post facto approval of an order of dismissal by the Board, is not contemplated but such approval should be secured before passing of th..Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... they have been possessing the land by personal cultivation. After taking delivery of possession the plaintiff by amicable partition with proforma defendant No.2 got the suit land and have been in exclusive possession of the same. Defendant No.1 has no interest and possession in the suit land. B...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ..Category: Property Law | Date: | Hits: 52
Chowdhury Nasimul Baqui Vs. Bangladesh Steel and Engineering Corporation& others, 2000, 29 CLC (AD)
..... The learned Judges reasoned that clause (8) of regulation 42 specifying time limit for disposal of a departmental proceeding was deleted on 4 March 1993 before the time limit under clause (8) had expired and therefore the argument that the appellant stood discharged on account of time elapsing......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ......t of the learned Counsel for the appellant. We accordingly, dismiss the appeal without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 125. ..Category: Employment/Service Law | Date: | Hits: 69
753749728717710704703686680679678661644641639633632627626607