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....Court committed no illegality in holding that the suit is not barred by limitation.
11. We have heard the learned Advocates of both the sides, perused the plaint, written statement, depositions, exhibits and the memorandum of appeal.
12. The only question as raised in the instant first app......end down the Lower Court’s Record with a copy of this judgment to the concerned Court immediately.
Soumendra Sarke J. — I agree.
Quazi Reza-Ul Hoque J.—I agree.
Ed.
......barred by limitation and also stated that the plaintiff violated the term Nos. 13 and 19 of the policy and thereby not entitled to get any amount from the defendant insurer and accordingly prayed for dismissal of the suit.
7. The trial Court framed as many as four issues including an issue as t..
Category: Arbitration Law, Civil Law | Date: 29 Mar, 2016 | Hits: 142
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
....ellip;…………..Respondent Judgment November 5, 2015 Result: The Rule is made absolute. An Ex-Parte Decree— How the Court Passed— The ex-parte decree passed upon the admitted facts has been absolutely vitiated by perversity. In this c......ip;…………..Respondent Judgment November 5, 2015 Result: The Rule is made absolute. An Ex-Parte Decree— How the Court Passed— The ex-parte decree passed upon the admitted facts has been absolutely vitiated by perversity. In this case......to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148 ..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....ent Judgment June 29, 2015 Result: Rule is made absolute. Setting aside the Ex-Parte Decree under Sub-Rule 7 of Rule 1 of Order XVII— If any case decreed ex-parte on failure of the parties for non compliance of the procedure of sub-rule 3 or 4 of rule&nb...... Judgment June 29, 2015 Result: Rule is made absolute. Setting aside the Ex-Parte Decree under Sub-Rule 7 of Rule 1 of Order XVII— If any case decreed ex-parte on failure of the parties for non compliance of the procedure of sub-rule 3 or 4 of rule ......sposed of ex-parte under sub-rule (3) or (4) shall not be revived for hearing unless the party for whose noncompliance the suit was dismissed or disposed of ex-parte, makes within thirty days of such dismissal or ex-parte disposal, non-application together with cost of two thousand taka into Court f..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....dated 18-12-2002 of the respondent No. 3 and the Secret-Enquiry dated 16-7-2002 held at the instance of respondent Nos. 4-7 in making entry of possession of respondent No.9 in DP Khatian No.1124. (Annexures-E, E1, E2 and E3 respectively) should not be declared to have been made without any lawful au......e East Bengal Tenancy Rules, 1955 i.e. the Assistant Settlement Officer (Annexure-Dl). He also submits that in the impugned orders the respondent No. 3 has admitted that he has taken up the matter ex-parte for disposal. On this point the learned Advocate asserts that, but it has been recorded in the......§āĻĄ āĻāĻ°āĻŋā§āĻž āĻāĻ¨ā§āĻˇāĻā§āĻāĻŋāĻ āĻ¸āĻāĻļā§āĻ§āĻ¨ āĻāĻ°āĻž āĻšā§ āĻāĻŦāĻ āĻŦāĻĻāĻ° āĻĢāĻŋ āĻŦāĻžāĻā§ā§āĻžāĻĒā§āĻ¤ āĻāĻ°āĻž āĻšāĻāĻ˛āĨ¤” that it is stated that after dismissal of appeal Nos. 2656 of 1998 and 2655 of 1998 on 14-10-2001 by the order passed by Assistan..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
....nd to the trial Court on a point which was never urged by any of the parties in the appeal......(14) The plaintiff cannot get a walk over and he has to prove his own case even if a suit is heard ex parte.................(14) Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructe......to the trial Court on a point which was never urged by any of the parties in the appeal......(14) The plaintiff cannot get a walk over and he has to prove his own case even if a suit is heard ex parte.................(14) Lawyers Involved: AJ Mohammad Ali, Senior Advocate instructed b......t summons of the suit was duly served upon defendant No.3. He further submitted that the trial Court rightly dismissed the suit and there was no illegality in the judgment and decree of the dismissal. Therefore, the High Court Division was totally wrong in sending the suit on remand to the..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
....quot;Let a Rule Nisi be issued calling upon the respondents to show cause as to why the auction notice dated 26-7-2012 passed by the Artha Rin Adalat No. 4, Dhaka in Execution Case No. 36 of 2012 (Annexure-B) should not be declared to have been published without lawful authority and is of no le......same. The respondent No. 2 then filed Artha Rin Suit No. 87 of 2011 against the petitioner for recovery of outstanding dues which stood at Taka 4, 60,03,651.38 upto 29-2-2011. The suit was decreed ex-parte on 31-1-2012 engendering execution case No. 36 of 2012 in which pursuant to auction sale of th......rder of stay granted earlier by this Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358 ..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
....d enjoyment under sub-section (5) or it can ask for conferment of tile under sub-section (7). A Free Leverage to the Decree Holder— This option of conferment of title can be exercised by the decree holder either immediately after the 1st auction or after conferment of ......e First Court of Artha Rin Adalat, Jessore against the petitioner and others for realization of loan of Taka 1, 24, 84,730. The defendants having not contested, the said suit was decreed ex-parte on 22-2-2007 (decree drawn up on 1-3-2007). Accordingly, the respondent-bank put the said decr...... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
.... Assistant Registrar) took evidence from both the sides and then fixed date for hearing of the matter. But on the date fixed for hearing, the petitioner did not turn up. The Assistant Registrar by an ex-parte order dated 7-5-2009 rejected the opposition case and directed to proceed with Trade M......sistant Registrar) took evidence from both the sides and then fixed date for hearing of the matter. But on the date fixed for hearing, the petitioner did not turn up. The Assistant Registrar by an ex-parte order dated 7-5-2009 rejected the opposition case and directed to proceed with Trade Mark......tions made hereinbefore. We make it very clear that the Registrar himself shall hear and dispose of the matter.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 213.
..
Category: Intellectual Property Law | Date: 9 Feb, 2015 | Hits: 20
Ferdous Ara Zainul Vs. Mahmuda Khatun and others, 2014, 43 CLC (HCD)
....s approved by RAJUK. On 23-5-2006 the allottee paid her last installment and on 1-6-2004, RAJUK handed over the possession of the said plot to the lessee and, then, on 25-6-2006 a Lease Deed was executed and registered in favour of the allottee-turned-lessee. Thereafter, the same plot was ......the date of receipt of this order, without allowing any application for adjournment if filed by any of the parties to the suit. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 149. ......uit. It is to be borne in mind that the Legislature did not contemplate that the provisions of rejection of the plaint they inscribed in the CPC would be frequently and indiscriminately used for dismissal of the suits inasmuch as the Legislature purposefully used the words 'plaint', thu..Category: Civil Law, Procedural Law | Date: 11 Dec, 2014 | Hits: 19
Government of Bangladesh and others Vs. Md. Mojibul Haque & others, 2014, 43 CLC (AD)
....2) of the Public Servants (Retirement) Act, 1974 (hereinafter referred to as the Act, 1974 in all the cases) and the orders retiring them from their respective service, vide the impugned orders, exercising the powers under the said section of the Act, 1974 being ultra vires to the Constitution ......in the light of the observations, the findings and the decisions given in the civil appeals. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 177. ......e made submissions in the light of ground Nos.IV and V on which leave was granted giving rise to CA Nos.30-32 of 2012. They have also adopted the submissions made by Mr. Awlad Ali and prayed for dismissal of the civil appeals and the CPs. 66. In view of the leave granting orders, the submi..Category: Constitutional Law, Employment/Service Law | Date: 25 Nov, 2014 | Hits: 20
Meer Ramij Uddin Vs. Meer Judge Meah and others, 2014, 43 CLC (AD)
....ar ma. Siraj Uddin then died leaving Aftab Uddin and Dudh Miah as sons and four daughters, namely Zahura, Hefeza, Mursheda and Afela. The further case of the plaintiffs is that they possessed land in excess of property they have claim to and prayed to the defendants to get their share partitioned am...... of the appellate Court that the instant petitioner as defendant No.2 took four years to file the written statement but failed to be present at the peremptory hearing and the suit was decreed ex-parte against him. 13. We find from the impugned judgment that the High Court Division observed......il petition for leave to appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 208. ..Category: Property Law | Date: 20 Nov, 2014 | Hits: 5
....es and on the facts whether the Taxes Appellate Tribunal, Division Bench-05, Dhaka, was justified by passing an order for set aside with a direction upon the Deputy Commissioner of Taxes “to re-examine the issue for bank deposit and non-showing of bank liability after giving a chance of hearin......on 120 of the Income Tax Ordinance 1984 against the assessment order 2005-2006 and 2006-2007 of the Assessee-applicant, along with two other assessment year 2007-2008 and 2008-2009 making an order ex parte, directing the DCT concern to reassess the tax liability of the Assessee-applicant on the ligh......red in negative and in favour of the Assessee-applicant.
37. However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 28 Oct, 2014 | Hits: 1
Chowdhury Mohidul Haque Vs. Anti-Corruption ComÂŦmission and others, 2014, 43 CLC (AD)
....d. When a supplementary charge-sheet is submitted on the basis of fresh evidence Under normal circumstances, if on the basis of fresh evidence a supplementary charge-sheet is submitted, for example by adding name of accused person (s) who had not been included in the initial charge-sheet, ......f Regulations, 2003. Furthermore, Money Suit No. 3 of 2007 was instituted in the Court of Joint District Judge, Barisal for recovery of the said misappropriated money and the said suit was decreed ex-parte on 20-7-2011 for an amount of Taka 46, 49,008.95 with interest till recovery. 3. After in...... illegality or infirmity in the impugned judgment and order and accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 115. ..Category: Civil Law | Date: 21 Oct, 2014 | Hits: 6
Asset Developments & Holdings Ltd. vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....ethod of accounting regularly employed by it. 3. Whether on the facts and in the circumstances of the case in the absence of any specific finding of any defect in the accounts or that any of the expenditure claimed or cost incurred was not genuine it was open to compute the income of the applic......nt, are answered in negative and in favour of the Assessee-applicant. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: Ed. This Case is also Reported in: ......ts power under the provision of section 35(4) of the Income Tax Ordinance 1984 and to assess the income of the Assessee-applicant on estimation basis. Therefore, the affidavit-in-opposition prays for dismissal of the instant six Income Tax Reference Applications. 9. The learned Advocate Mr. M.A..Category: Fiscal/Taxation Law | Date: 7 Sep, 2014 | Hits: 5
....he above writ petition challenging the impugned order dated 22-7-2008 passed by the writ-respondents releasing the writ-petitioner from service on accepting his resignation letter dated 18-4-2007 (Annexure-H).
4. Respondent's case, in short, is that he was appointed in the BCS (General Educ......Division, we do not find any substance in this civil petition for leave to appeal. Accordingly, this petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 279.
......ry. Till his resignation is accepted, the employee continues to be in the employment of the employer and, if he absents himself from duty, he incurs a penalty prescribed for such default which may be dismissal in certain cases. A permanent Government servant, therefore, continues to remain in s..
Category: Administrative Law | Date: 7 Sep, 2014 | Hits: 20
....
Classification of imported goods and assessment thereon by the Customs Authority are disputed questions of fact which could not be resolved in the writ jurisdiction.
The High court Division exercised writ jurisdiction without considering this aspect of the case at all and on this score alo......
Bangladesh Vs. Mizanur Rahman, 52 DLR 149.
Lawyers Involved:
GM Moniruzzaman, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellants.
Ex-parte—Respondent.
Civil Appeal No. 252 of 2003.
(From the judgment and order dated 4......sp;
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 64.
..
Category: Constitutional Law, Fiscal/Taxation Law | Date: 22 Jul, 2014 | Hits: 6
Government of Bangladesh and others Vs. Md. Abdul Karim, 2014, 43 CLC (HCD)
.... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251 ...... disposal of the criminal case pending against him on the same issue. Ed. This Case is also Reported in: 66 DLR (AD) (2013) 251 ......inistrative Tribunal, Bogra in AT Case No.92 of 2003 allowing the same. 3. The respondent herein, as petitioner, filed the above mentioned AT Case No.92 of 2003 challenging the order of his dismissal from service stating, inter-alia, that he was appointed as Food Inspector under Minis..Category: Civil Law, Procedural Law | Date: 9 Jun, 2014 | Hits: 4
Shahin Reza (Md.) Vs. Nasiruddin Howlader and others, 2014, 43 CLC (AD)
....th other lands to the predecessor-in-interest of these contesting defendants on 1st Baishakh, 1355 BS at a rent of Taka 315 and delivered possession. That in pursuance of that settlement the landlord executed an amalnama on 1st Ashar, 1355 BS and also granted dakhilas in favour of the defendants and...... the impugned judgment and order of the High Court Division. This appeal, therefore, fails. Hence it is ordered that this appeal be dismissed on contest against the contesting respondents and ex-parte against the rest without any order as to cost. Syed Mahmud Hossain J.- I have had the pri...... and findings given by Nazmun Ara Sultana, J. Order of Court This appeal is dismissed by majority decision. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 243 ..Category: Limitation Law, Property Law | Date: 5 Jun, 2014 | Hits: 11
....onal Jurisdiction)
Present:
Sharif Uddin Chaklader J
ATM Saifur Rahman J
ECOM Agroindustrial Corporation Ltd. & another..........Petitioners
Vs.
Mosharaf Composite Textile Mills Ltd...........Opposite Party
Judgment
May 28, 2014.
Result:
This ru......hrough arbitration expeditiously.
The order of injunction granted earlier by the trial Court is hereby vacated.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 330
......ates that he intends to apply for a stay, this test will not be satisfied. Likewise, the test will not be satisfied where a party seeks a stay of proceedings and summary judgment conditional upon the dismissal of the stay application.
23. In practical terms, the right to apply under section 9(3..
Category: Arbitration Law, Civil Law, Procedural Law | Date: 28 May, 2014 | Hits: 7
....l Class Apprentice (Mechanical) under Railway Mechanical Department on 11-10-1984. As per the departmental rules and terms and conditions of his service, the petitioner participated in the final examination after completion of two years training period- and was enlisted in the merit list, but t......e Administrative Tribunal on hearing the parties and considering the documents filed before it by the order dated 19-5-2005 allowed the application against opposite party No. 2 on contest and ex-parte against, others declaring Memo No. ā§Šā§Šā§Ļā§Š/āĻāĻ/āĻ¸ā§ā§āĻĻ/āĻĒāĻ°āĻŋ-ā§§/ā§¯ā§Ļ-ā§¯ā§......trative Appellate Tribunal, but for other grounds discussed above. Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 127.
..
Category: Administrative Law | Date: 25 May, 2014 | Hits: 9
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