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Akbar Hossain Khan (Md.) and another Vs. Md. Awlad Hossain Khan and another, 1997, 26 CLC (HCD)
.... dated 8‑6‑92 passed by the Assistant Judge, 1st Court, Dhaka allowing the application of opposite party No.2 Sher Mohammad under Order 9, rule 13 of the Code of Civil Procedure setting aside the ex parte decree dated 28‑9‑89 passed in SCC Suit No.157 of 1985 of the 1st Court of Assistant Ju......ted 8‑6‑92 passed by the Assistant Judge, 1st Court, Dhaka allowing the application of opposite party No.2 Sher Mohammad under Order 9, rule 13 of the Code of Civil Procedure setting aside the ex parte decree dated 28‑9‑89 passed in SCC Suit No.157 of 1985 of the 1st Court of Assistant Judge......89 is dismissed. The order or stay granted earlier by this Court is hereby vacated. Send down the LC records at once. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 561. ..Category: Tenancy Law | Date: 17 Jun, 1997 | Hits: 126
....ssued at the instance of the petitioner Mrs. Suraiya Rahman calling upon the respondents to show cause as to why impugned decision dated 30‑1‑89 passed by the respondent No.2, Copyright Board (Annexure‑B) rejecting the appeal filed by the petitioner under section 76 of the Copyright Ordinance,......the petitioner and registration of copyright in favour of the respondent No.1 in respect of the remaining 19 designs is upheld.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 222.
......r of selection of his servant; (2) the payment of wages and other remuneration; (3) the master's right to contract the method of doing of the work; and (4) the master's right of suspension or dismissal. In the case of Ready Mixed Concrete (South East) Ltd., Vs. Minister of Pensions and Natio..
Category: Intellectual Property Law | Date: 9 Dec, 1996 | Hits: 218
Solaiman (Md.) Vs. Begum Rezia Khatoon, 1996, 25 CLC (HCD)
....he land‑lady made an oral gift in favour of her daughter Sufia Akhter Alam and she intimated the tenants of the shop‑rooms including the petitioner about the gift. On such intimation by the donor except the present petitioner, all the tenants paid rent to the donee. And the petitioner before me ......ner, felt difficulty to support the Rule. In the result, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 437. ......on in execution of the decree passed in the suit. He also submits that in view of the fact that there is nothing to be reviewed by the learned Subordinate Judge as the decree has been satisfied after dismissal of the leave petition by the Appellate Division and the Rule has become infructuous. ..Category: Tenancy Law | Date: 28 Oct, 1996 | Hits: 128
Abdul Hakim Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
....petitioner went on leave preparatory to retirement on 23‑4‑82. 3. While the petitioner was thus on leave he was falsely implicated in a case alleged to have been committed on 21‑5‑82 (Annexure‑B). The FIR was lodged by one Lieutenant Colonel SM Mostafa on 12‑6‑82 alleging that Mr.......good ground for rejecting a writ petition. In view of the above, the Rule is discharged without any order as to cost. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 438. ......also submits that such a review of a petition filed by an affected employee is a condition precedent before any order passed by Summary Martial Law Court reaches its finality. He further submits that dismissal of the petitioner from service has been done in violation of Articles 27 and 35 of the Con..Category: Employment/Service Law | Date: 31 Jul, 1996 | Hits: 137
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....sh/238/94 dated 7‑8‑94 by respondent No.6 as mentioned in radiation test certificate dated 8‑1-95 issued by the Bangladesh Atomic Energy Commission's Radiation Testing Laboratory Chittagong (Annexure‑D). 2. Facts leading to the issuance of this Rule are as follows: Respondent No.6, Danish C......ate steps for production of evidence and relevant materials before the court below to enable it to adjudicate the matter in accordance with law and evidence so that the plaintiff can not obtain an ex parte decree by the default of the said defendants. 36. Court below will be at liberty to decide th......rder as to costs with the above directions to the respondent Nos.1 to 4. Let a copy of the Judgment be sent to the respondent Nos.1 to 4. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 438. ..Category: Health Law | Date: 1 Jul, 1996 | Hits: 272
....claim with comments of the concerned officer.
3. The concerned Executive Engineer by his Memo dated 20.4.1991 also requested the respondent Concord Engineers to furnish all related documents and explanations in support of their claim to facilitate/determination of the same by the Additional Chi......he appellant 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 appellant and gave an award amounting to Tk. 15 crore and odd as compensation to r......shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
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Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Sirajudullah and others Vs. State and others, 1995, 24 CLC (HCD)
.... present petition was filed before this court on 27.10.91, 8 months and 10 days after the impugned order, long after the limitation period of 60 days. Even then no statement been made in the petition explaining the delay in filing this revisional application nor any prayer for condition of the delay......e impugned order or for ends of justice. In the result, the Rule is discharged. The order of stay passed earlier is hereby vacated. Ed. This Case is also Reported in: 48 DLR (1996) 76. ...... Sadar Upazila Magistrate who after perusing and considering the same dismissed the complaint under section 203 of the Code of Criminal Procedure by an order dated 11.11.90. Against the said order of dismissal the opposite party No.2 filed Criminal Revision No.475 of 1990 before the learned Sessions..Category: Criminal Law | Date: 1 Aug, 1995 | Hits: 109
Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
.... of that suit for non‑prosecution, that in the meantime defendant Nos. 1‑4 illegally transferred some portion of the suit property to defendant Nos.5‑11 who were fully aware of the bainapatra executed by Jotirmoy Das, the vendor, in favour of the Plaintiffs, that the plaintiffs requested th...... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ......nt Nos.1‑4 but as village elders asked both the parties to withdraw pending cases both in criminal and civil Courts for settlement of the dispute the plaintiffs on good faith filed a petition for dismissal of that suit for non‑prosecution, that in the meantime defendant Nos. 1‑4 illegally t..Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....ule, in brief, are that the opposite party No.1 filed Family Court Case No.12 of 1990 in the Court of Assistant Judge, Akhaura on 3.6.90 claiming Taka 1, 32,500 for prompt dower, maintenance, medical expenses and value of gold ornaments, against the petitioner and the defendant opposite parties 2‑...... Ordinance which deal with only cases of inadequate maintenance could not be invoked. (2) That the first impugned order was illegal inasmuch as the proceedings were taken against the petitioner ex parte by an Arbitration Council which was not properly constituted, besides the order appears to hav......f appeal below and it is affirmed. Accordingly, the rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (1996) 48. ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
....name recorded in SA Khatian by filing Misc. Case under section 54 of the State Acquisition and Tenancy Act and then paid rent to die Government regularly and that all these papers have been marked as exhibits in the suit but that the learned courts below did not consider these facts of the case. ...... Chand Das have been living in the suit property in their respective separate huts since 37/38 years with their family andthat the decree obtained by Tufan Das in Title Suit No. 555 of 1958 was an ex parte and collusive decree and this had been done by elder brother Tufan Das to deprive the younger ......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
....e as to why they shall not be directed to review the order of retirement of the petitioner from the service of Sub-Divisional Adjutant of Ansars under Martial Law Order No. 9 of 1982, contained in Annexure-C to the petition as prayed for or such other or further order or orders as to this Court may ...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ......ffect from 16th September, 1982 and a radiogram to that effect was sent to the petitioner on 20.9.1982. Thereafter on 13.12.82 the petitioner was informed that he was retired from service in place of dismissal by the order of the Chief Martial Law Administrator passed in exercise of the power confer..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....o died leaving two sons Ahmed Hossain and Mobarak Hossain, two daughters Shaher Banu and Mehar Banu and a widow Hasan Banu Bibi; mat the suit property measuring 74 decimals with two rooms fell in the exclusive allotment of Ahmed Hossain by amicable family arrangement though sometimes rent was realiz......g respective submission of the parties it is necessary to mention that the court below noticed that the defendant No.1 did not file any written statement on her behalf and as such decreed the suit ex parte against her. We do not find anything to interfere with the said finding of the court below. ...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....At the instance of the petitioner Mohammad Ayub Ali a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned orders of dismissal of the petitioner from service Vide Annexures 'F and 'H' shall not be declared to have been passed without lawful authority and......aifur Rahman, the learned Advocate for the petitioner.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 191
......
Judgment
Habibur Rahman Khan J. — At the instance of the petitioner Mohammad Ayub Ali a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned orders of dismissal of the petitioner from service Vide Annexures 'F and 'H' shall not be declared..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
.... The plaint presented on July, 13, 1993 was followed by an application for arrest of the vessel. The Admiralty Court of this Division on July, 15, 1993 issued warrant of arrest of the Vessel MV Stern ex parte and suit was fixed for hearing on August, 26, 1993; thereafter on July 17, 1993 appearance ......e plaint presented on July, 13, 1993 was followed by an application for arrest of the vessel. The Admiralty Court of this Division on July, 15, 1993 issued warrant of arrest of the Vessel MV Stern ex parte and suit was fixed for hearing on August, 26, 1993; thereafter on July 17, 1993 appearance was......nce of this case, I direct the parties to take necessary step for djsposal of the suit as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172 ..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....cord of the worker, if there be any. In awarding punishment under this Act the employer shall take into account the gravity of the misconduct, the previous record, if any, of the worker and any other extenuating or aggravating circumstances that may exist. Enquiry report of the enquiry officer ......the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ......esult: The Rule is made absolute. Whether non‑consideration of the previous record of the petitioner before inflicting punishment can be taken as a ground for striking out of the order of dismissal— Sub‑section 6 of section 18 of the Employment of Labour (Standing Orders) Ac..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....an application under Article 102 of the Constitution of the Peoples' Republic of Bangladesh calling upon the respondents to show cause as to why the judgment and order dated 15.4.89 (Annexure 1 to the petition) passed by the Court of Settlement, Bangladesh Abandoned Buildings, Dhaka in......performance of contract being Title Suit No. 555 of 1974 in the Court of 1st Subordinate Judge, Dhaka against Ali Mohammad Khan and the Ministry of Public Works as the defendants which was decreed ex parte on 10.12.76. On execution of the said decree, the petitioner obtained a sale deed executed and......eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
.... in any suit it is proved by affidavit or otherwise, (a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or (b) that the defendant threatens, or intends to remove or dispose of ......hakoor Hasan Patel Vs. Muhammad Hussain Shakeor and others. In the aforesaid decision in PLD 1957 (Kar) 435 a Division Bench held: “On an application for ad interim injunction asked for ex parte, under Order XXXIX, rule 1 Civil PC in a suit under the original jurisdiction of the......aintiff forthwith. The defendant respondents entered appearance in the said suit through their Advocate and filed a written statement denying all the material allegations of the plaint and prayed for dismissal of the suit. 3. The plaintiff however filed an application praying for temporary mand..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
.... guilty to the charges alleged to have been proved, but he was dismissed from service with immediate effect by the impugned office order being No. 1258 PDB (E & B)/2A‑27/75 dt. 7.12.82 as at Annexure‑'C' to the writ petition. 3. Petitioner's further case is, that during the ......on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ...... that the Enquiry Officers found him guilty of misconduct in respect of some of the charges, that by the office order dated 5.10.82 the petitioner was directed to show cause as to why tile penalty of dismissal from service should not be imposed on him and that the petitioner showed cause pleading no..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....74 is 30 days in accordance With section 30 of the Special Powers Act, 1974. Both these Rules were issued to consider whether the cases concerned, appeal from which was barred by limitation, could be examined under section 561A of the Code of Criminal Procedure and whether the judgment of the tribun...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
Shamsun Nahar Awal Vs. Board of Intermediate and Secondary Education, and others, 1992, 21 CLC (HCD)
....resolution has a right to be heard and no one else. When some legal rights have arisen in favour of a certain person as a result of particular order; those rights cannot be undone by a purported exercise of locus poenitentiae, in respect of the said order. The power passing an order rescinding ......in Writ Petition No. 2514 of 1992 stands discharged and consequence the concerned stay order is vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 365 ......‘B. The Inspector of Schools, Board of Intermediate and Secondary Education Dhaka, while informing the Secretary, Ministry of Education by letter No. 133/Dhaka/DA/1839 dated 23.11.88 on the matter of dismissal of the petitioner Shamsun Nahar Awal stated that the matter was placed before the Appeal a..Category: Administrative Law | Date: 27 Aug, 1992 | Hits: 1
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