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Shahidur Rahman Molla & others Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....nd Tenancy Act 1950 (hereinafter referred to as the Act) would fail in absence of a finding by the trial Court as to the eligibility of a pre-emptor U/S 90 of the Act to pre-empt a transfer have been expressed by some Single Benches of this Court. 2. The petitioners as pre-emptors filed an appl...... taken at the earliest possible opportunity and such objection if not so taken may be deemed to have been waived." We have not been shown any other decision in which these views have been departed from. No specific objection having been taken at any stage of the proceeding in the instant c......e land by pre-emption and the total quantity of the land together with the land sought to be preempted would not exceed the maximum ceiling as set out in section 90 of the Act cannot be a ground for, dismissal of the preemption application. Their Lordships, however, remanded the case to the lower Co..Category: Civil Law, Property Law | Date: 10 Dec, 1981 | Hits: 1
Shahidur Rahman Molla & other Vs. Abdul Halim Molla & others, 1981, 10 CLC (HCD)
....nd Tenancy Act 1950 (hereinafter referred to as the Act) would fail in absence of a finding by the trial Court as to the eligibility of a pre-emptor u/s 90 of the Act to pre-empt a transfer have been expressed by some Single Benches of this Court. 2. The petitioners as pre-emptors filed an appl......must be taken at the earliest possible opportunity and such objection if not so taken may be deemed to have been waived." We have not been shown any other decision in which these views have been departed from. No specific objection having been taken at any stage of the proceeding in the instant c......e land by pre-emption and the total quantity of the land together with the land sought to be pre-empted would not exceed the maximum ceiling as set out in section 90 of the Act cannot be a ground for dismissal of the pre-emption application. Their Lordships, however, remanded the case to the lower C..Category: Property Law | Date: 10 Dec, 1981 | Hits: 19
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
....ricultural Development Corporation and others……Respondents Judgment November 18, 1981. Result: The rule is discharged. Certiorari jurisdiction Court exercising certiorari jurisdiction under Article 102 of the constitution is not entitled to tak...... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ......ality or bias against the Enquiry Officer….(5 & 6) Premature application for appeal can not be maintainable There is an appeal pending before the authorities against the order of dismissal & since an appeal is pending being a remedy available under statutory rules this appli..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Kiron Chandra Das Vs. Sirajul Hoque Patwari, 1981, 10 CLC (HCD)
....l affirming those of the Munsif, Third Court, Noakhall passed in a suit for more declaration that a sale deed No. 5058 registered on 30.6.70 at the Senbagh Sub-Registrar Office purported to have been executed by the plaintiff on 17.4.70 with respect to 1.25 acres of land was fraudulent and a collusi......this appeal are whether the plaintiff had an onus upon him to prove a prima facie case by producing the best evidence that is the document itself and whether the plaintiff was entitled to a decree ex parte as of right on the failure of the contesting defendant to appear on the date of hearing withou......affirmed but in the facts and circumstances of the case. I direct the parties to bear their own costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 255 ..Category: Civil Law, Procedural Law | Date: 6 Nov, 1981 | Hits: 2
....rior motive of pilfering the oil carried on Board the Flat Al-Ajmeer. The respondents in their applications before the Labour Court alleged that they showed cause against the charges and submitted an explanation but the Management without giving them any opportunity to defend themselves in the enqui....... In the facts and circumstances there will be no cost of these Rules.
Abdul Wadud Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 55
......to the merits of the allegations against the Respondents upon evidence adduced before him. On consideration of the evidence in respect of negligence, the Labour Court found that the impugned order of dismissal of the petitioners were not legal and just. The learned Labour Court inter alia just, the ..
Category: Labour and Industrial Law | Date: 13 Aug, 1981 | Hits: 2
Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)
....al is dismissed Government of Bangladesh (Services Screening) Order, 1972 – Whether Three clauses of Art. 5 (b), to be read conjunctively so that conduct or activity which was not in exercise of power or in discharge of duty of a government servant falls outside the purview of Art. ......;why you shall not be recommended for dismissal from the service of the University" Again "if he fails, to appear before the Board on the appointed date and hour the case will be decided ex-parte." 25. The Board recommended dismissal of Dr. Syed Sajjad Hossain by its order dated ...... oral statement. The Screening Board on consideration of the evidence of witnesses examined by it and other materials on record held him guilty of 3 (three) out of 5(five) charges and recommended his dismissal from his service. The recommendation was accepted by the University authorities who accord..Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
.... the prayer. Another application was filed by the petitioner after the rejection of his first application for reconsideration of the previous order but that was also rejected and the suit was decreed exparte. As against the said ex parte decree the petitioner filed an application under Order 9, rule......he prayer. Another application was filed by the petitioner after the rejection of his first application for reconsideration of the previous order but that was also rejected and the suit was decreed exparte. As against the said ex parte decree the petitioner filed an application under Order 9, rule&n......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
.... Vs. R.K. Talwar, AIR 1970 All 296;Neskikar Vs. Union of India; AIR 1972 Mys 71; A.M. Khan Leghory Vs. Government of Pakistan, PLD 1967 Lah 227; Pakistan Vs. Liaquat Ali Khan, PLD 1959 SC 87;Zaibtun Textile Vs.Central Board of Revenue, PLD 1971 Kar 333;Province of East Pakistan Vs. Serajul Huq, 19 D......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ......ed out to the appellant he, in course of his argument, also mentioned the violation of Article 135 of the Constitution which provides for giving an opportunity of being heard before any order of dismissal, removal or reduction in rank is made by the Government. Reference is, therefore, made to ..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)
....lently obtained. The finding of S. C. Court is substance has established that respondents succeeded in proving the relationship of landlord and tenant. But the S. C. Court proceeded to examine the paramount title of the respondents and held that the decree for specific performanc......odian of Enemy Property and others on the allegations that they have taken settlement of the disputed premises from Shakti Benode on behalf of three brothers and their mother Snehalata, and got an ex-parte decree of permanent injunction. Proforma-defendant 3 was not impleaded in the said suit. The d......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151 ..Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
....the petitioner temporarily from his service under the Corporation. Formal charge was submitted against the petitioner by the authority of the Corporation on 8th June, 1976. Having considered the explanation submitted by the petitioner an enquiry was held into the allegations and the Enquiry Off......ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86. ......nistrative officer. In this connection it may be observed that the petitioner, was ultimately absorbed in the service of Bangladesh Chemical Industries Corporation and when the impugned order of dismissal was served upon the petitioner, he was the employee of the Corporation as such and at the ..Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Abdul Bari Vs. State, 1980, 9 CLC (HCD)
....he learned Sessions Judge by an Order dated 8-12-77 set aside the order of dismissal and directed further enquiry. In due course a Magistrate, 1st Class, held and enquiry, and in course of enquiry he examined some witnesses and found a prima-facie case against the petitioners and submitted his ......case to the Court of Sessions for trail forthwith. In the result, the Rule is discharged with direction as above. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 52 ...... Complaint on 8-2-76, The Opposite Party No. 2 challenged the order before the learned Sessions Judge, Sylhet and the learned Sessions Judge by an Order dated 8-12-77 set aside the order of dismissal and directed further enquiry. In due course a Magistrate, 1st Class, held and enquiry, and..Category: Criminal Law, Procedural Law | Date: 18 Nov, 1980 | Hits: 1
Mokbul Ahmed and others Vs. Ali Ekabbar and others, 1980, 9 CLC (HCD)
.....10-17 were made pro forma defendants. Defendant Nos.1-9 entered appearance but later on compromised the suit with the plaintiff. The suit was decreed on compromise against the defendants 1-9 and ex parte against defendants 10-17 by order dated 5.7.71. Thereafter, defendants Nos.1 to 3 filed an ......-17 were made pro forma defendants. Defendant Nos.1-9 entered appearance but later on compromised the suit with the plaintiff. The suit was decreed on compromise against the defendants 1-9 and ex parte against defendants 10-17 by order dated 5.7.71. Thereafter, defendants Nos.1 to 3 filed an app......he defendants 10-17 will be struck of the decree. The order of the learned Munsif for restoration of the said order is set aside. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 86. ..Category: Procedural Law | Date: 11 Sep, 1980 | Hits: 29
Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)
....imitation giving direction—Compliance with the Court's direction within the time fixed by Court—Application to set aside the decree maintainable. Applicant for setting aside ex parte S.C.C. decree may deposit the decretal amount or furnish the requisite security bond along ......tation giving direction—Compliance with the Court's direction within the time fixed by Court—Application to set aside the decree maintainable. Applicant for setting aside ex parte S.C.C. decree may deposit the decretal amount or furnish the requisite security bond along wit......of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ..Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1
Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)
....o. 28 of 1975). Judgment Kemaluddin Hossain CJ.- The question of law involved in this appeal is whether the learned Single Judge of the High Court Division correctly held that the executing Court can go behind the decree to see whether the extension of time granted to deposit th......t where there was an earlier default order was without jurisdiction. 2. The matter arises out of a suit for specific performance of contract and the facts are that the High Court passed an ex parte decree subject to the plaintiff appellant's depositing in Court an amount of Tk. 350/-as bala......he appeal, set aside the order of the High Court Division and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221
Manager Zeal Bangla Sugar Mills. Ltd Vs. Chairman, First Labour Court and another, 1980, 9 CLC (HCD)
....ld be no appropriate case where reinstatement would be allowed. Dismissal--Extenuating circumstance— The management while dismissing the delinquent did not take into account the extenuating circumstances that he was the first offender during his service for over 10 years--That ......of the petitioner against respondent No. 2, this rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 1, 2 BLD (HCD) (1982) 57 ......nding. Reinstatement in service— Even when the proceeding before the Enquiry officer suffers from proper compliance with the procedure laid down by the law warranting quashment of the dismissal order, reinstatement cannot follow as a matrer of course--In a dispute relating to allegat..Category: Labour and Industrial Law | Date: 12 Jun, 1980 | Hits: 2
Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)
....tion is dismissed for non-prosecution. Partition suit Formal defect in preliminary decree does not nullify the work of Pleader Commissoner-Defect in preliminary decree can be corrected ex debito justitlae. It will be plainly an act of injustice if for errors of the Court the enti...... submission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution without any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ......tation Act, which was opposed by the plaintiff-respondents. By judgment and order dated 21-5-79 the learned Subordinate Judge dismissed the Miscellaneous Case on contest, As against the said order of dismissal the defendant No. 1 has preferred P.M.A. No. 218 of 1979. 4. The defendant No.1 has a..Category: Property Law | Date: 28 Apr, 1980 | Hits: 3
Abdul Majid Akon Vs. Satya Bhoma Nath & others, 1980, 19 CLC (HCD)
....; that it suffered from defect of parties and was not maintainable under section 98 of the State Acquisition and Tenancy Act that the lands transferred were non-agricultural lands: that they incurred expenses of Tk. 1500/- for improvement of the land. 4. The said Miscellaneous case has got a ch......l written objection on 4.7.1975 wherein for the first time he alleged that transferred was non-agricultural land. The case after remand was allowed on contest against the petitioner with costs and ex parte against rest with the finding that the case was maintainable under sub-section (1) of sec......ied to the extent as indicated above. In the result, the Rule is disposed of. However, there will be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 233. ..Category: Property Law | Date: 3 Mar, 1980 | Hits: 8
Liaquat Hossain Chowdhury Vs. Mir Ali Hossain & others, 1980, 9 CLC (HCD)
....with financial difficulties as such he accepted the petitioner as a partner in producing the said film. The petitioner paid an amount of Tk. 2,75,000/-on 15-11-77 to the opposite party No. 1 who executed document on 15-11-77 wherein it is stipulated that opposite party No. 1 shall submit the fi......eported decision of a Division Bench of this Court in the case of Civil Revision No.561 of 1978 wherein it is held. "we are of the view that an order of ad-interim injunction passed ex parte and which is appealable should contain in short the reasons and the necessity for passing......e which is impugned is affirmed. There will be no order as to costs. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 93. ..Category: Civil Law, Others | Date: 23 Jan, 1980 | Hits: 10
Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)
....d pre-emption the kabala was registered in a different Sub-Registry. 3. The trial Court allowed the Miscellaneous case being Miscellaneous Case No. 133 of 1973 against the deceased Chand Mia and ex parte against the rest. On appeal the Appellate Court modified the order to the effect that the p......re-emption the kabala was registered in a different Sub-Registry. 3. The trial Court allowed the Miscellaneous case being Miscellaneous Case No. 133 of 1973 against the deceased Chand Mia and ex parte against the rest. On appeal the Appellate Court modified the order to the effect that the pre-......e question of waiver of the right. Both the contentions of the appellant fail. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 101 ..Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... by the company were hit by sections 15 and 47 of the Ordinance. The company questioned the employee's competence to present the aforesaid applications before the Labour Court. It denied the existence of any industrial dispute and the dismissal of the employee as a consequence of such dispu...... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ...... and 47 of the Ordinance. The company questioned the employee's competence to present the aforesaid applications before the Labour Court. It denied the existence of any industrial dispute and the dismissal of the employee as a consequence of such dispute. The company also denied the plea of his ..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
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