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.... to be
disÂmissed as infructuous and no illegality or irregularity was committed in
dismissing the plaintiff from her service.
5. Trial Court framed 4 issues for deciÂsion.
6. Plaintiff examined 2 witnesses and
produced some documents which were admitÂted into evidence and marked as
......med to have been in her service in the post of Lecturer in
EconomÂics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......
December 6, 2005.
Result:
The Rule is made absoÂlute.
Failure and/or frustration
of the ancillary/auxiliary relief cannot frustrate the entire suit and canÂnot
result into dismissal of the suit if the plaintiff is otherwise entitled to a
decree of her substantive reliefâ..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....does not allow a Court to re‑hear the matter afresh or judge the matter as an appellate Court. Provisions of Order XLI of the Code referred to and relied upon cannot therefore be resorted to in the exercise of review. A mistake made by a party on perception of a fact or law is therefore no gr......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ...... ground and would not entitle him to seek review of a judgment or order: Similarly, an omission in making a prayer for consequential relief in the plaint as claimed was though not the sole reason for dismissal of the suit cannot be a ground for review of the judgment. 12. We accordingly, find n..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
..... Union of India, AIR 1961 SC 954; Tribhuban Parkash Nayyar Vs. The Union of India, 1969 (3) SCC 99; Union of India V. Elphinstone spinning and Weaving Co. Ltd., AIR 2001 SC 724; R. Vs. H.M. Treasury ex-parte Smedley, (1985) 1 All ER 589; R Vs. Electricity Comrs, ex P London Electricity Joint Commit......nion of India, AIR 1961 SC 954; Tribhuban Parkash Nayyar Vs. The Union of India, 1969 (3) SCC 99; Union of India V. Elphinstone spinning and Weaving Co. Ltd., AIR 2001 SC 724; R. Vs. H.M. Treasury ex-parte Smedley, (1985) 1 All ER 589; R Vs. Electricity Comrs, ex P London Electricity Joint Committee......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)
....s also alleged that the marriage was consummated and the plaintiff and the defendant, who used to live separately in Hall and hostel, used to pass nights at different residential hotels in Dhaka for sexual intercourse. It is also asserted that the plaintiff and defendant became acquainted with each ......or her restitution of conjugal rights and for realization of maintenance cost at the rate of Taka 2000 per month. 4. The defendant did not contest the suit and accordingly, the suit was decreed ex parte on 6-1- 1990. The defendant got the said ex pane decree set aside by filing an application und......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26...Category: Family Law | Date: 25 Jun, 2005 | Hits: 237
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
....to said Mofizuddin in LA Case No.9/88(XIII) 1970‑71 by taking salami from him; that a bilateral kabuliyat was registered by the government with the lessee Mofizuddin with stipulation that after the expiry of 5 years from the settlement or after 5 years from the payment of the last installment of s......title and possession of the case land by cultivating the same and by living in the residential houses raised in the case land and none has any right, title and interest therein except them but the ex parte order of cancellation of the settlement of their vendor Mofizuddin has created cloud over thei...... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
.... Station. First information report led to registration of Sabujbagh Police Station Case No.4(12) 1992 under section 302 of the Penal Code, GR No. being 6359 of 1992. First information report had been exhibited as Exhibit No.11. Contents of first information report had been exhibited as Exhibit-B. In......the Court in reaching the final conclusion. The provision engrafted in section 342 is intended to comply with the most salutary principles of natural justice enshrined in the maxim "audi altarem partem". 132. Convict-appellant as the time of his examination under section 342 of The Co......f convict-appellant disentitled him to be favoured with any verdict from this Court in respect of his acquittal of charge staged against him and appeal presented by convict-appellant demands outright dismissal. III. Prosecution could bring home charge against convict-appellant by way of Second,..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....person with Dhanmondi Police Station. The investigating officer after investigating the case filed charge-sheet against the accused-petitioner under section 170 of the Penal Code. The prosecution has examined 6 witnesses while the defence examined none. The learned Metropolitan Magistrate considerin......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......e knowledge of convict-appellant as the appeal was filed at his instance and the learned appellate Court affirmed the judgment and order of the learned Metropolitan Magistrate on 14‑5‑2002. After dismissal of appeal the appellant-petitioner did not surrender as per the Provision of law and the p..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....No.2. Writ Petition No.2615 of 1995. Judgment Moyeenul Islam Chowdhury J.- This Rule Nisi was issued upon the respondents as to why the impugned Judgment and order dated 26-11-1995 (Annexure-C) passed by the responÂdent No.1 should not be declared to be withÂout lawful authority and......s of contract. In spite of the service of summons upon the defendants of that suit, they did not enter appearance therein and eventually the said suit being ready for hearing otherwise was decreed ex parte on 30-6-1983. Thereafter Title Execution Case No.39 of 1983 was filed and Md. Atiqullah obtain......for default by the order dated 6-11-2000 passed by the First Court of Assistant Judge, Dhaka. Md. Atiqullah suddenly died on 12-1-2003 and the present writ petitioners came to know about the order of dismissal of the said Miscellaneous Case No.254 of 1986 only recently. Be that as it may, that writ ..Category: Property Law | Date: 25 May, 2005 | Hits: 33
....sional misconduct, interference with
the administration of justice and contempt of Court and also a criminal offence
and is liable to be proceeded against on all these Court. Freedom of speech and
expression dose not embrace a right of the lawyers to strike and or give a call
for boycott or abst......6.
......ions. The Registrar of this Court is
also directed to circulate this order through National Dailies and all Electronic
Media.
Ed.
This Case
is also Reported in: 15 BLT (HCD) (2007) 66.
..
Category: Others | Date: 23 May, 2005 | Hits: 13
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....¦â€¦â€¦..Respondent Judgment May 2, 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tenant passed in a small cause suit furnishing security f......¦â€¦..Respondent Judgment May 2, 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tenant passed in a small cause suit furnishing security for ......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....re not abandoned properties. The Government-petitioners did not prefer any appeal against the judgment and order of the High Court Division and any notification dated 24.05.1993 the Ministry of works excluded the case properties from the 'Ka' list of abandoned buildings. 5. One Abdus Sattar who ...... petitions, review petitions, civil petitions for leave to appeal and after exclusion of the case properties from the list of abandoned buildings by the Government-petitioner. The suit was decreed ex parte on 06.03.1997 and it is not disputed that the ex parte decree was subsequently set aside in Mi......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
Star Jute Mills Ltd. Vs. Chairman Labour Court, Khulna and others, 2005, 34 CLC (AD)
....earned Counsel appearing for the petitioners submitted that the High Court Division was carried away by emotion and sentiment in discharging the rules in the above writ petitions mainly basing on 2 unexhibited papers namely, Arinexure-X and X-I filed by the said respondents in the High Court Divisio......ts and circumstances of the case, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petitions are dismissed. Ed. This Case is also Reported in: ......terminated the services of respondents No. 2-9 on 28-3-2000 under section 19(1) of the said Act with all termination benefits. The said termination orders were not a simple termination and amounts to dismissal from service. The management terminated their services to harm and damage the respondents ..Category: Employment/Service Law | Date: 12 Mar, 2005 | Hits: 110
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
....icular case made in the background of the facts and circumstances of that case as well as upon placing the circumstances of that particular case in the scale of equity and justice being not without exception, as such, use of or reliance upon the said decision in arriving at decision in the subseq......Nawab Ali Advocate-on-Record—For the Appellants. AJ Mohammad Ali, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For Respondent of 1. Ex-parte—Respondent Nos. 2-249. Civil Appeal No.133 of 2001. (From the Judgment ....... 21. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....ath Basak and others and on the death of Priaya Nath Basak,
his sons Nipendra Nath Basak, Nagendra Nath Basak, Bhupendra Nath Basak and
Digendra Nath Basak became the owners of the suit land to the extent of 4 annas
shares each and their names were correctly recorded in the S.A. Khatian and
that...... Baten in E.P. Case No.210 of 1967 and
subsequently lease was granted to Rahmant-E-Alam Islam Mission who also paid
lease Money up 1385 B.S. It is further alleged that the defendant obtained an ex
parte decree in Title Suit No.346 of 1977 on 6.5.1980 declaring that the
suit land is not vested pr......nvalid.
According to the defendant No.12 the decree obtained in Title Suit No.346 of
1877 was a fraudulent decree and this defenÂdant was not impleaded in the said
suit and accordingly prayed for dismissal of the suit.
5. The trial court framed necessary issues
and on consideration of the ..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
..... Homera Ahmed vs. Nahar Shipping Lines Ltd., 2002 BLD 67 = 7 BLC 107; Re. BSB Holding Ltd. 1 BCLC (1996) 155; Re Saul D Harrison and Sons PLC (1995) 1 BCLC 492; Nafisa Chowdhury vs. United Food Complex, 53 DLR 81; Syed Al Nesar Ahmed vs. Nafisa Chowdhury, 53 DLR (AD) 83; Re Brenfeld Squash Racquets...... and we find no cogent reason to interfere with the same.
Accordingly, the appeal is dismissed.
No order as to costs.
Ed.
This Case is also Reported in: V ADC (2008) 271.
......ry of the bank accounts of the company opened in several banks, had a legitimate expectation to be involved in and participate in active management of the company and that any action amounting to his dismissal /exclusion from the management, even in lawful way, gives the Court the discretion to eith..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....is being admittedly a tank and, as such, non-retainable land of the Zamindars the plaintiff of Other Class Suit No. 1379 of 1980 could not claim the land on the basis of alleged settlement from the ex-landlord under the provision of section 20 of the State Acquisition and Tenancy Act. ......0-4-1994 by the Assistant Judge, Additional Court, Sherpur in Other Class Suit No. 276 of 1990. 2. The respondent No.9 and the petitioner filed the suit for declaration that the ex parte decree passed on 13-7-1982 in Other Class Suit No. 1379 of 1980 in favour of the respondent No......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....ogously with Civil Revision No.974 of 2003 absolute setting aside those dated 14‑11‑2003 allowing the Miscellaneous Case No.6 of 2003 of the Assistant Judge, 3rd Court Dhaka and setting aside the ex parte decree in SCC Suit No.3 of 393 and restoring the suit to its original file and number. ......usly with Civil Revision No.974 of 2003 absolute setting aside those dated 14‑11‑2003 allowing the Miscellaneous Case No.6 of 2003 of the Assistant Judge, 3rd Court Dhaka and setting aside the ex parte decree in SCC Suit No.3 of 393 and restoring the suit to its original file and number. 2. ...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....e plaintiffs and the defendant are co sharers of the suit plots i.e. SA plots, and that the land of the said plots has not been partitioned, that the plaintiffs have failed to prove that they have exclusive possession of the land in suit, that plaintiffs in paragraph 7 of the plaint. admitted t...... courts below…….(15) Lawyers involved: Mahmudul Islam, Senior Advocate, Abdul Quayum, Senior Advocate with him instructed by Md. Nawab Ali, Advocate-on-Record - For the Appellant. Ex-parte ‑ the Respondents. Civil Appeal No. 124 of 2000. (From the Judgment and order dated Ju......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....ct of 12.77 13/20 acres of land out of 15.56 acres of land in the Court of the learned Subordinate Judge, First Court, Gaibandha. In that suit the petitioner was defendant No.46. The suit was decreed ex parte on 5-9-93 against all the defendants. But subsequently the exparte decree was set aside at ......of 12.77 13/20 acres of land out of 15.56 acres of land in the Court of the learned Subordinate Judge, First Court, Gaibandha. In that suit the petitioner was defendant No.46. The suit was decreed ex parte on 5-9-93 against all the defendants. But subsequently the exparte decree was set aside at the......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....urt Division who unfortunately, took a wrong view that holding of trial of a public servant without taking sanction is curable under section 537 of the Code of Criminal Procedure. Similarly, his view expressed in the judgment as to non‑compliance of section 339B of the Code is also not correct......ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ce of section 339B of the Code is also not correct, which appears to have been taken ignoring the provisions of law as mentioned above by us. 12. We, however, agree with the ultimate result of dismissal of the appeal by the learned Single Judge on the reasoning given above by us. In view of t..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
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