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Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....he plaintiff. The plaint case is that her son defendant No. 2 on the strength of the kabala dated 17-10-66 recorded the suit land in the name of his wife, defendant No. 1, on the plea that his mother executed and registered the same in her favour after getting consideration of Taka 3,000.00. Plainti......ge of the impugned deed of sale and consequently the suit cannot be barred by limitation. ………………(10) Lawyers Involved Md. Nawab Ali, Advocate-on-Record—For the Appellants. Ex-parte — the Respondents. Civil Appeal No. 5 of 1993 (From the Judgment and order dated 27-...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ivision in revision have settled the fact that there was a marriage ceremony between the parties in the temple of the deity Kali in presence of many person. Both the courts, however, laid stress upon exchange of garlands between the plaintiff and the defendant in proof of marriage omitting to mentio......rms being obsolete. 11. On the forenoon of the day, when marriage is scheduled to be held the nandimukha or vriddhi sraddha is performed. The bride’s father or other male relation invokes the departed soul of the ancestors and makes offerings to them to get their blessings. 12. In the even......ere was due marriage between the plaintiff and the defendant that the affidavit was genuine and true and spouse had lived together as man and Accordingly, the appellate Court reversed the decision of dismissal and decreed the suit allowing maintenance of the plaintiff @ 500.00 per month. 6. A le..Category: Family Law | Date: | Hits: 212
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ff paid Taka 8,001.00 in four installments within the same month. Defendant No. 1 made over possession to the plaintiffs of the cultivable portion of the homestead. The defendant, however, refused to execute and register the kabala deed on receipt of the balance amount within Aswin, 1385 BS as stipu......by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent Nos. I(I), (II), (V) and (VII). Shamsul Haque Siddique, Advocate-on-Record—For the Respondent No. 2. Ex parte—Respondent Nos. 1(III), (IV) and (VI). Civil Appeal No. 23 of 1992. Judgm......rformance of a contract on the basis of an agreement supported solely by oral evidence. 8. The High Court Division discarded the decision of the lower appellate Court and restored the judgment of dismissal of the suit clearly agreeing with the trial Court that the plaintiffs had failed to prove ..Category: Property Law | Date: | Hits: 88
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....ey to India without amending the relevant column of the passport meant for describing the profession of the passport holder and thereby committed serious misconduct. The respondent duly submitted his explanation against the said charge stating that he was attacked with illness of very serious nature......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ...... January 23, 1997. Result: The appeal is dismissed. Dismissal From Service Only the appointing authority is authorised in terms of rule 4(6) of the Rules of 1985 to pass the order of dismissal. The Director General could take all steps under the rules but to pass an order of dismiss..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....s and parts was unable to discharge her cargo. Defendant No.4 by fax message dated 1-10-1996 asked for quotation for supply of those items to defendant No.1 from the plaintiff and the plaintiff by telex message dated 3-10-1996 gave their best price including installation cost and on 22-10-1996 infor...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record— For the Appellant. Mvi. Md Wahidullah, Advocate-on-Record—For Respondent No. 4. Ex-parte—Respondent Nos. 1-3, 5-9. Civil Appeal No.13 of 1999. (From the judg......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....court and it was decided accordingly. 9. It is well settled now that a plaint may be rejected under Order VII rule 11 of the Code of Civil Procedure merely on a plain reading of the plaint but in exceptional circumstances the court may invoke its inherent jurisdiction and can throw the plaint ou......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......ricated and ultimately the suit filed by plaintiffs was dismissed by the trial Court which was upheld up to the Appellate Division. It is now the case of the plaintiffs in the present suit that after dismissal of the earlier suit up to the Appellate Division the defendants of that suit who are defen..Category: Property Law | Date: | Hits: 101
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
..... 1 and 2 by kabala dated 8th Jaishtha 1355 B.S. They are in possession of the suit land. The said Modaris Ali died leaving behind widow defendant No. 5, 3 sons and 2 daughters. Defendant No. 1 is in exclusive possession of the suit land and the record was also prepared in his name. The suit is thus......structed by Md. Sajjadul Huq, Advocate-on-Record- For the appellants. Tabarak Hossain, Advocate instructed by Ahsanullah Patwary, Advocate-on-Record- For the Respondent No. 7. Ex- parte- Respondent Nos. 1-6 & 8-10. Civil Appeal No. 10 of 1998 (From the Jud......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 76
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
....rder dated 24-4-88 passed by the learned Senior Assistant Judge, Sadar Mymensingh, allowing the Misc. Case No. 127 of 1984 under Rule 13, Order IX of the Code of Civil Procedure and setting aside the ex parte decree passed on 17-8-72 in O.C. Suit No. 29 of 1972. 2. The predecessor of the pres......r dated 24-4-88 passed by the learned Senior Assistant Judge, Sadar Mymensingh, allowing the Misc. Case No. 127 of 1984 under Rule 13, Order IX of the Code of Civil Procedure and setting aside the ex parte decree passed on 17-8-72 in O.C. Suit No. 29 of 1972. 2. The predecessor of the present...... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ..Category: Procedural Law | Date: | Hits: 83
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....hereafter for legal necessity and maintenance of minor Ananda his uncle transferred the land to the predecessor of the plaintiffs by a kabala Ext. 1 dated 7.12.1926. Since then the plaintiffs were in exclusive possession of the suit land. The plaintiffs also purchased some land situated to the weste...... Lawyers Involved: Abdus Salam Khan, Senior Advocate, instructed by Wahidullah, Advocate-on-Record- For the Appellants. Sharifuddin Chaklader, Advocate-on-Record- Respondent Nos. 1-6. Ex-parte- Respondent No.7-8. Civil Appeal No.92 of 1999. (From the Judgment and Order dated 27-......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....since then the defendants have been possessing the suit property. The plaintiff created forged and fabricated kabala deed in respect of the suit property showing Romesh Chandra as executant. In fact Romesh Chandra had no right, title or possession in the suit property. The plaint......aintiff most collusively filed Title Suit No. 93 of 1985 against the defendants beyond their knowledge and suppressing the Summons obtained the ex parte decree. The defendants thereafter filed a Misc. Case No. 45 of 1985 under order 9 Rule 13 C.P.......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 175
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....oint written statement contending, inter alia, that Amir Ali took loan when he was on his death bed from Mojibur Rahman, predecessor of the defendants and agreed to make settlement of the property in exchange and that Amir Ali gave direction to his heirs, the present plaintiffs who were minors at th......, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. T. H. Khan, Senior Advocate, instructed by Abul Quasem, Advocate-on-Record-For Respondent No.1. Ex-parte-Respondent Nos. 2-10. Civil Appeal No. 07 of 1999 (From the Judgment and Order date......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ific Relief Act, 1877 (I of 1877), Section 54 Court cannot disentitle the plaintiff of a decree for permanent injunction if he can prove possession and could not be evicted with force except in due course of law and can exercise his right of possession restraining everybody includin......li, Advocate-on-Record-For the Appellants Mahmudul Islam, Senior Advocate (Abdul Quayum, Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- Respondent No. 2 Ex-parte- Respondent No. 1 Civil Appeal No. 77 of 1999 (From the Judgment and Order......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ..Category: Property Law | Date: | Hits: 43
Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)
....ready for hearing within 6(six) months. Ed ......six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ...... Court Division and other connected papers. 4. The learned Counsel mainly argued that admittedly all the respondents were workers and as such the writ petitions at their instance against their dismissal from service were not maintainable without first approaching the Labour Court for relief a..Category: Employment/Service Law | Date: | Hits: 120
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....th comments of the concerned officer. The concerned Executive Engineer by his Memo dated 29.4.1991 also requested the appellant concerned Engineers to furnish all related documents and explanations in support of their claim to facilitate determination of the same by the Addi...... though prayed for time but subsequently they did neither file any written Objection nor participated in the proceedings and in that view of the matter the Arbitrator concluded the proceeding ex parte against the respondents and gave an award amounting to Tk.15 Crore and odd as compensation in ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
.... in arrear with regard to the land of Khatian No. 99 Abdul Haque Chowdhury, son of Serajur Haque Muktair instituted a Rent Case No. 179 of 1960 and after getting the decree he put the decree into the execution in Rent Execution Case No. 176 of 1961 and purchased the same in auction on 3.8.1961 and g......tructed by Santi Ranjan Karmakar, Advocate-on-Record-For the Appellants. A. J. Mohammad Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-4. Ex-parte-Respondent Nos. 5-56 Civil Appeal No. 199 of 2001 (From the Judgment and Order dated 8......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 73
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....quo;s Order 16 of 1972 are intended to cover only orders passed with jurisdiction and these provide no protection to orders passed without jurisdiction. An order passed without jurisdiction has no existence in the eye of law………………………&......aration that the suit property is not an abandoned property and declaration of his title to the suit property i.e. land and the residential building standing thereon, and ultimately obtained an ex parte decree to that effect which was maintained upto this Court but the defendants did not va......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....Court Division in Writ Petition No. 4666 of 1999 rejecting the application filed by the writ Respondent No. 2 with the prayer for vacating the order staying operation of the Memo, dated 5.12.1996 (Annexure-R to the writ petition) and directing the writ-Respondents to pay LPR benefits, provident......service benefits prayed for, then difficulty Would arise in realizing the public money paid as per order of the High Court Division. The Court has no reason to be rigid in vacating or modifying an ex parte interim order, if the facts, presence whereof would have disentitled a party in having an ex p......e proceeding against him and in that state of the matter he was allowed to enjoy the privilege of LPR. 5. In due course, 2nd show cause notice mentioning the proposed punishment of dismissal from service and recovery of an amount of Tk.66,11,461.90 from him was issued and he repli..Category: Employment/Service Law | Date: | Hits: 109
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....d as an External Affairs Officer of the office of the World Bank, Dhaka through a rigorous selection process for 2 years as a probationer with effect from 16 January 2000. The appellant rendered excellent service, recognized as well by the World Bank awarding her spot award salary increase......ppellant. 3. Upon service of notice of the suit the defendant-World Bank appeared in Court on 23.03.2002 but did not file any written statement whereupon the suit was fixed for hearing exparte. When the defendant filed an application under Order VII rule 11 of the Code of Civil Procedur......f 2002 renumbered as Title Suit No. 92 of 2003 upon its transfer to the Second Court of Assistant Judge, Dhaka. 2. The plaintiff filed the suit for certain declarations that the order of dismissal of the plaintiff is illegal, void and not binding upon the plaintiff and for reinstatement..Category: Employment/Service Law | Date: | Hits: 211
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
.... Advocate of this Court was appointed as Chairman designate to call, hold and conduct the AGM for the aforesaid years. By that order the Company Court also directed the management of the Bank to extend all co-operation to the Chairman designate in the matter of holding the AGM. It further appea......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......function and as to how he should conduct himself. It further appears that in that letter it was also mentioned that after disposal of Company Matter No.2 of 2000 by this Court and also after the dismissal of leave petition by the Appellate Division a shareholder of the Bank filed Company Matter..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....wing the appeal and affirming the judgment and order dated 20.11.1997 passed by the learned District Judge, Khulna in Miscellaneous Case No. 80 of 1997 decreeing the Miscellaneous Case ex parte. 3. The Respondent Corporation herein as petitioner filed the aforesaid Miscellaneou......hy;ing the appeal and affirming the judgment and order dated 20.11.1997 passed by the learned District Judge, Khulna in Miscellaneous Case No. 80 of 1997 decreeing the Miscellaneous Case ex parte. 3. The Respondent Corporation herein as petitioner filed the aforesaid Miscellaneous C......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 110
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