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Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....issued, on an application under Article 102 of the Constitution of the People's Republic of Bangladesh, calling upon the respondents to show cause as to why the impugned order dated 24-08-2006 (Annexure-E to the writ petition) passed by the Artho Rin Adalat no.4, Dhaka, in Artho Execution Case n......y as Bank) instituted Artho Rin Suit No.67 of 2005 impleading the petitioner as defendant for realization of Tk.25,06,408/- with interest till 19-04-2005. 3. Eventually the suit was decreed ex parte on 18-09-2005. 4. The bank, then put the decree in execution in Artho Execution Case no.......w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....r section 34 (2) of the Artha Rin Adalat Ain 2003 is applicable in respect of the substituted heirs of mortgagor or guarantor. It is well settled that the liability of the principal debtor is co-extensive with that of the guarantor or mortgagor. The creditor is at liberty to pursue either the p......ion for imp leading the petitioner as defendant No. 4 which was allowed on 20-6-2004. 4. Eventually, the learned Judge of the Adalat by the judgment and decree dated 9-9-2004 decreed the suit ex parte. 5. The bank, then put the decree in execution in Execution Case No. 13 of 2005 against t......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....nment of Bangladesh Vide Settlement Case No.7 of 1973-74 settled the land of Schedule-3 in favour of the predecessor of the plaintiffs without receiving any salami. Subsequently an agreement was executed and registered in between the plaintiff’s predecessor and the Government of Bang......ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ......lot No.106 and the Government was not entitled to settle any land from that plot. The Government was not entitled to settle any land from that plot and with these averments the defendants claimed for dismissal of the suit. 4. During the course of trial the learned Senior Assistant Judge, Cox..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
....r alia, that the plaintiff being the owner and possessor of the suit land mortgaged the same on 1-3-2000 on the basis of a registered deed and delivered possession in favor of defendant No. 1, who executed an agreement to recover the suit land written by the selfsame deed writer within 3 years o...... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ......endant No.1 has been contesting the suit by filing a written statement contending that the suit land was never mortgaged to him and that he did not execute any deed of re-conveyance and prayed for dismissal of the suit. 4. In the said suit the plaintiff made a prayer for comparison of the d..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....f the Constitution against the judgment and decree passed by the Artha Rin Adalat An application under Article 102 of the Constitution does not lie against the judgment and decree whether ex parte or on contest passed by the Artha Rin Adalat since there being specific provision in the s......he Constitution against the judgment and decree passed by the Artha Rin Adalat An application under Article 102 of the Constitution does not lie against the judgment and decree whether ex parte or on contest passed by the Artha Rin Adalat since there being specific provision in the stat......sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....ss continues and there is a continuing cause of action...………(6) Public policy demand that a co-sharer who is enjoying more land than his share should part away with the excess land and give the due share to his other co-sharer, here the plaintiff not to speak of any de......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ......iff his due share partitioning the suit land by metes and bounds. Where a partition suit is dismissed for default, it does not bar a subsequent suit; the reason is that, even after the dismissal of the former suit, the jointness continues and there is a continuing cause of action..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....shall always be to ensure and safeguard the legal right of a person which might have accrued to him under a statute as well as under the personal law. If the purport and scope of a public policy is extended to the extent that inspite of the repeated demand by a person of his due share from the o......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ......he Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order 9, rule 8 Whether the cause of action to bring a suit for partition subsists even after dismissal of the earlier suit for default under rule 8 of Order 9 of the Code. There is no l..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....ামলা চালায়”) in the peaceful possession of the plaintiffs by showing a decree. The bailiff of the Court having seen the valid title documents of the plaintiffs failed to execute the decree in Title Execution Case No.3 of 1980. However, after making inquiry from the bail......ossession of the suit property for more than 12 years since the purchase of the same in auction. The defendants got a kabala executed and registered in their names through court in execution of the exparte decree passed in the said suit, but by the said kabala they did not acquire right, title ......the said suit was dismissed for default on 28.06.72. The said fact was asserted in the plaint as well as in the deposition of P.W.1. Rasheda Begum did not take any step to set aside the said order of dismissal by filing an application under Order 9, rule 9 of the Code. Exhibit 14, the application fi..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
.... Artha Rin Adalat, Natore (Respondent No.2) in Artha Rin Adalat Case No.40 of 2004 rejecting the application of the petitioner filed under section 17(1) (2) of the Artha Rin Adalat Ain, 2003 and also exempting the plaintiff in filing the documents. 3. The respondent No.4, Bank filed Other Class S......ted that if any person seeks an adjournment the Adalat may adjourn the matter against payment of cost for once, if such cost is not paid the suit under Artha Rin Adalat Ain should be disposed of ex parte. He further submits that under sub-section 6 of section 19 if the plaintiff, failed to appea......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
.... the matter the application for transfer of the suit is misconceived and not maintainable. 6. We have heard the learned Advocates of both the sides, perused the application along with the paper annexed therewith and also examined the contents of the plaint as evidenced by Annexure "A" to the appl......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......f jurisdiction in Dhaka. 2. The plaintiff opposite party instituted, the aforesaid Title Suit No.56 of 1998 in the Court of learned Senior Assistant Judge, Sylhet for declaration that the order of dismissal from service of the bank dated 12.04.1997 passed by the defendant-petitioner No.1 is illeg..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....aid facts the defendants fraudulently obtained a decree in Title Suit No.9 of 1998 and by practicing fraud upon the Court and without servicing the summons and notice duly, the defendant obtained the ex parte decree as a result the plaintiffs Title Suit No.55 of 1999 was dismissed due to decree of t...... facts the defendants fraudulently obtained a decree in Title Suit No.9 of 1998 and by practicing fraud upon the Court and without servicing the summons and notice duly, the defendant obtained the ex parte decree as a result the plaintiffs Title Suit No.55 of 1999 was dismissed due to decree of titl......Court at the time of issuance of rule is hereby vacated. The lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 300. ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....record but in the case of affirming the findings of the trial Court, the narration of the entire evidence and reiteration of the reasons given by the trial Court are not essential. In such a case, expressions of general agreement with those of the trial Court are generally considered sufficient.......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ...... brought on record for the proper adjudication of the matter and as the defect of parties is a very vital question in a Partition Suit, non-impleading of interested persons is a sufficient ground for dismissal of the suit. 9. Mr. Md. Khalilur Rahman, the learned Advocate appearing on behalf of ..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....ffs did not comply with the said direction of the Court. Then time was allowed by the Subordinate Judge suo moto to the plaintiffs on 7-10-1997 vide order No. 10 to submit those documents fixing the next date on 18- 1-1998 for securing of ends of justice and also for filing written statement by the ......ion as to the passing of suo moto orders by the learned Subordinate Judge in allowing time to the plaintiffs to file the documents even after the order dated 30-6-1998 and then fixing the suit for ex parte disposal in spite of the broad fact that without examining and inspecting the documents to be ......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....y, it is the contention of the Opposite Party No.5 that since the Judgment and Decree passed against it in Admiralty Suit No.37 of 1999 must be considered a nullity in the eye -of law and as such not executable against the Opposite Party No.5, the said application dated 25.9.2005 for the execution o......ty Court Act, 1861 or not. 9. On a clear reading of Section 5 of the Act of 1861 this Court is of the view that the judgment passed in decreeing the said Admiralty Suit against the defendants ex parte cannot be said to have been passed without jurisdiction. In that regard, this Court finds itse......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
Fazlu Alias Fazla Vs. State, 2007, 36 CLC (HCD)
....court after framing charge read over the same to the accused persons who pleaded not guilty and claimed to be tried. The prosecution adduced 12 P.Ws. to prove its case and the accused persons were examined under section 342 of the Code of Criminal Procedure where they again pleaded innocence. Th......et at liberty forthwith if not wanted in connection with any other case. Sent down the lower court's record at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 659. ......P.W.12 who examined the victim Lipa and according to his opinion there were sign of forceful coitus. He also argued the offence was a heinous one and must not be considered leniently and prayed for dismissal of the appeal. In support of his contention he referred the decision in the case of Anaru..Category: Women and Children | Date: 5 Nov, 2007 | Hits: 14
.... also has given a separate statement with regard to the property. The
defendant No.2 since May 1977 declared that the property held by the plaintiff
is the property of his father and that is an excess land. The plaintiff is
living separately of the disputed land and such declaration as to exc......the appeal.
Consequently the appeal is dismissed without any order to cost.
Send down the lower
court records at once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 498.
......t in possession in the excess land of Rabindra Lal Ghose and he has no title,
can not claim the property as it is beyond 100 bighas as per P.O. 98 of 1972 and the suit is maintainable and
prays for dismissal of the suit.
4. The trial court
after perusing the depositions of 14 witnesses and..
Category: Property Law | Date: 7 Jun, 2007 | Hits: 6
Shamsur Rahman Khalifa Vs. Jagodish Chandra and Others, 2007, 36 CLC (HCD)
....it. 2. Facts relevant for disposal of the Rule are that the suit land belonged to defendant Nos. 6 and 7 who sold the suit land by a Kabala dated 16-11-1959 in favour of plaintiff. The plaintiff executed and registered an Ekrarnama on that date, that is on 16-11-1959, admitting that he would re...... land in favour of the plaintiff. Long after expiry of the stipulated period the defendant Nos. 1-4 filed a Miscellaneous Case being No.50/1982-83 before the concerned CO (Revenue) and got an ex parte order on 14-11-82 allowing redemption of mortgage on the strength of the agreement dated 16-11...... at once. The defendants are restrained permanently from interfering with the peaceful possession of the plaintiff in the suit. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 873. ..Category: Property Law | Date: 27 May, 2007 | Hits: 9
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....Zakir Hussain, Shahnaz Amir and Shahanaz Alam can be added as opposite parties in Civil Revision Case in hand. 2. The verdict proposed to be bestowed does not demand a detailed disclosure of facts except those which can shed light in resolving the war of words which are: A. Predecessors of Fi......said judgment and decree carried an appeal being Title Appeal No. 272 of 1985 before learned District Judge, Dhaka. Appeal was heard by Second Court of Subordinate Judge, Dhaka. Appeal was allowed ex parte Judgment and Decree is dated 12-11-1991. E. First-defendant, Government of The People's Rep......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
....ade absolute.
The statute Artha Rin Adalat Ain, 2003 has given scope to the Adalat to hold auction more than once under section 33(1) (2) and (3) or under 33(4). The said view is fortified if we examine section 34(9) of the Ain which reads as follows:
“৩৪(৯) এই ধারা......nt Nos.2, 3, 4 and others as defendants for realisation of outstanding dues amounting to Tk. 16.69,449.23 as on 31.12.95 and other necessary reliefs. The suit was ultimately heard and decreed ex parte on 14.11.1999 in favour of the plaintiff bank. The preliminary decree was drawn up on 18.11.19......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....R (AD) 62; Managing Director, Rupali Bank Ltd. Vs. Chairman, 1st Labour Court & others, 46 DLR (HC) 143; Al-haj Abul Basher Vs. Bangladesh and others, 50 DLR (AD) 11; The Chairman, Bangladesh Textile Mills Corporation Vs. Nasir Ahmed Chowdhury and others, 22 BLD (AD) 199; Bangladesh Tobacco ......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ......eld that "Labour Court has been set up to do justice to the worker-complainants and not to throw out the cases filed by the workers on technical grounds. The Labour Court having found the order of dismissal of the petitioner not tenable in law had no option but to do justice to the petitioner." ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
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