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M. A. Khalilullah and Abdul Hakim Vs. Government of Bangla¬desh and others, 1977, 6 CLC (HCD)
....o carriage of bricks as contemplated under the contract. Departmental enquiry was held by Mr. Shamsuzzaman, Executive Engineer, appointed by the Chief Engineer. The petitioner personally appealed and explained the whole circumstances showing that the petitioner had no hand in the occurrence exceptin......fect. Therefore, the Rules are made absolute. We make no order as to costs. M. H. Rahman J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 79. ......argument advanced by Mr. M.M. Hague does not appear to have any substance. Sub-rule (2) of rule 10 provides-the authority to the government for holding further enquiry only in a case where penalty of dismissal, removal or compulsory retirement from service imposed upon the government servant is set ..Category: Employment/Service Law | Date: 29 Jun, 1977 | Hits: 3
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
.....21 of 1973 filed under Order 9, rule 4 read with section 151 of the Code of Civil Procedure. 2. In this Rule we think it necessary to detail the facts because we intend not to interfere, in the exercise of our jurisdiction under section 115 of the Code, which is discretionary, with the order p......ant No.1 (Government) who does not turn up.” Therefore, the matter was adjourned, for the appearance of the Government, on 8 different occasions and then finally on 30-12-72 the suit was decreed ex parte. 3. Thereafter, an application under order 9, rule 13, was filed by the said Government P...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
..../- declaring that the employee was permanently disabled on 14-11-74. Out of the said amount under award Tk. 2, 100/- was deposited in the court earlier by the appellant. Thus case having been allowed exparte, an application under Order 9 rule 13 was filed before the learned District Judge....... declaring that the employee was permanently disabled on 14-11-74. Out of the said amount under award Tk. 2, 100/- was deposited in the court earlier by the appellant. Thus case having been allowed exparte, an application under Order 9 rule 13 was filed before the learned District Judge. T......not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....d the survey report was signed by one Mr. Percy of Steel Brothers and Company Ltd. Chittagong. On the survey of the aforesaid 175 bales of cotton yearn, 148 bales were found to be damaged to the extent of 10 per cent and out of 200 bales 170 bales were found damaged to the extent of 20 per cent......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....bsp;151 of the Code of Civil Procedure is barred by limitation, although the Labor Court should have held that the time would run from the date of knowledge of the order and not from the date of ex parte order obtained by fraudulent suppression and the petitioner is entitled to get the benefit ......;151 of the Code of Civil Procedure is barred by limitation, although the Labor Court should have held that the time would run from the date of knowledge of the order and not from the date of ex parte order obtained by fraudulent suppression and the petitioner is entitled to get the benefit of ......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
....39;s conduct has been such as to demand an enquiry, from the discharge of his function until the enquiry has been completed. This power of an employer to suspend an employee can only be questioned in exceptional circumstances.
Where the authority empowered to suspend does not apply its mind to ......
In view of the above, the Rule is discharged. We do not make any order as to costs.
Ed.
Rahul Islam J.-I agree.
This Case is also Reported in: 31 DLR (HCD) (1979) 196
......ration has found rightly or wrongly the allegations against the petitioner to be serious. The order of suspension spells out the allegations, indicates the action that is proposed to be taken, namely dismissal from service, by the Corporation and has also given an opportunity to the employee to expl..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
....5-7-61 which was long beyond the statutory period of 4 years and that the learned Judges of the High Court committed a substantial error in holding that the original order of assessment had ceased to exist in view of the subsequent order of assessment made in pursuance of the order of remand made by......e Code of Civil Procedure 1882 (analogous to section 152 of the present Code).
20. A similar question relating to the power of a Civil Court under Order 8, rule 13 of the Code to set aside an ex parte decree, when an appeal against the said ex parte decree had been disposed of by a superior Cou...... writ under the Constitution was not maintainable.
The result, therefore, is that the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 260.
..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Abdur Rashid Vs. The Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)
....9561 dated 12th February, 1974 of the same A.R O's and was alleged to have issued lorry Chalan No. 2674; and that on checking at the check post one bag of rice and two bags of sugar were found in excess. On the basis of the said allegations the Storage and Movement Officer, Tejgaon, required the......he Act, with this observation the rule is discharged without any order as to costs. A.M. Chowdhury J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 233 ......der of compulsory retirement amounted to removal within the meaning of Article 311(1) of the Constitution, but the learned Judge expressed the opinion that the terms "removal and "dismissal" as occurring in the Constitution do not stand on the same fooding as a case of remov..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 1
Abdur Rashid Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
....59561 dated 12th February 1974 of the same A.R.O's and was alleged to have issued lorry Chalan No. 2674; and that on checking at the check post one bag of rice and two bags of sugar were found in excess. On the basis of the said allegations the Storage and Movement Officer, Tejgaon, required the......ct. With this observation the rule is discharged without any order as to costs. A.M.Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 40. ......ompulsory retirement amounted to removal within the meaning, of Article 311(1) of the Constitution; but the learned Judges expressed the opinion that the terms "removal" and "dismissal" as occurring in the Constitution do not stand on the same footing as a case of remov..Category: Constitutional Law, Employment/Service Law | Date: 9 Feb, 1977 | Hits: 5
Bangladesh and others Vs. M/s. Speedbird Navigation Co. and others, 1977, 6 CLC (AD)
....ic of Bangladesh. 2. The case of the Respondents 1 and 2 is that there are six partners of the firm M/s. Speed Bird Navigation and Co. All the partners are citizens of Bangladesh and all of them except K.P Mahmud has a share of 25 paisas in the firm were present in Bangladesh and none of t......nt Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. Moudud Ahmed, Advocate, instructed by S.S, Hoda Advocate-on-Record—For Respondents Nos.1 and 2. Ex-parte-Respondents No.3-7. Civil Appeal No.14 of 1976. (Appeal from the judgment and order......awful authority and are as such of no legal effect. In the result this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 101. ..Category: Others | Date: 27 Jan, 1977 | Hits: 217
M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)
....led to a certificate under Section 20(4) of the East Bengal State Acquisition and Tenancy Act, 1950 (hereinafter referred as to "the Act") enabling them to retain possession of land in excess of the limit specified in section 20 (2) is hit by section 2 of the President's Order No.......suance of the President's Order No.69 of 1972 and President's Order No.90 of 1972 Government pleader, Satkhira, filed an application for abatement of the suit on November 18, 1972. An ex parte order was made by the learned Munsif granting prayer for abatement. Being aggrieved the appell......Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ..Category: Property Law | Date: 20 Jan, 1977 | Hits: 62
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
....he activities of the Union of the Bata Shoe Employees. Being attacked with acute type of dysentery, the plaintiff went to Bharat for treatment and change on privilege leave. From there he applied for extension of leave accompanied by medical certificate which was parity granted and his service were ......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ......e Standing Rules and Orders of the Company as the Company could not terminate the service of the appellant without affording him opportunity to show cause and in that view of the matter, the order of dismissal was illegal, null and void and inoperative. The order of dismissing the plaintiff was as u..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
.... higher for individual items in comparison to world prices. As a measure of price stabilisation the import of iron and steel from the USA was consequently subsidised from the counterpart funds to the extent of the difference between the US and the non-US prices. From November 20, 1962 this subs......r Ali, Advocate-on-Record-For the Respondent No. 2 (In Civil Appeal No. 20-D of 1968) S.S. Hoda, Advocate-on-Record—For the Respondent (In Civil Appeal No. 21-D of 1968). Ex-parte- Respondent No. 3 (In Civil Appeal No. 20-D of 68 and 33-D of 1968, Respondent No. 2 in Civil ...... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Gurudas Saha Vs. Deputy Custodian, Enemy Property (Lands & Buildings) & others, 1976, 5 CLC (AD)
....ed no reliable materials before the Court as to how they were living and maintaining themselves in India for such a long time without disclosing any known source of living. The learned Judges also expressed doubt on the assertion of the appellants that their passports were renewed, by Pakistan A......ver when alien enemy or enemy status is involved in a state of war resident has never been interpreted to mean permanent resident. The authorities cited by him may be considered. In Ex parte Breull 18 Chancery Division 484, the question of 'resident' in Bankruptcy Rules was interpret......ationality, subject to the observation made above, these appeals are dismissed but without any order as to costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 133. ..Category: Property Law | Date: 7 May, 1976 | Hits: 55
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....9 rule 4 and section 151 of the Code of Civil Procedure restoring his Misc. Case No. 2 of 1967 filed by him under Order 9 rule 13, Civil Procedure Code, for setting aside the ex parte decree which was obtained by the plaintiff petitioner before me. 2. Circumstances givi......ule 4 and section 151 of the Code of Civil Procedure restoring his Misc. Case No. 2 of 1967 filed by him under Order 9 rule 13, Civil Procedure Code, for setting aside the ex parte decree which was obtained by the plaintiff petitioner before me. 2. Circumstances giving ......l date was fixed on 10. 6. 67 and it was due to this mistake of the lawyer's clerk the defendant did not come and hence the Misc. Case was dismissed for default. The defendant came to know of the dismissal of the Misc. Case on 20.6.67 when he came to the Court to take steps in the case. The plai..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
Bacha Meah Vs. Province of East Pakistan & anothers, 1975, 4 CLC (HCD)
....ies. After some correspondence the opposite party No. 2 directed Bacha Mia to join his post and by the same order the period of absence of Bacha Mia was ordered to be treated as leave with pay to the extent of the leave due, and the remaining period to be treated as leave without pay. After lengthy ......e will be no order as to costs in any one of the cases. K. Hossain J.—I agree. This Case is also Reported in: 27 DLR (HCD) (1975) 563 ......aw which arises for consideration is whether the railway employees in question are entitled to their wages in terms of section 15 of the Payment of Wages Act for the period in between their dismissal and reinstatement in spite of the fact that their periods of absence were treated as leave..Category: Administrative Law, Employment/Service Law | Date: 30 May, 1975 | Hits: 1
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....inued in force in Bangladesh and by virtue of President's Order No.48 of 1972, it has been adapted with necessary consequential changes. The learned Advocate has submitted that the said Act is an existing law within the meaning of the said Presidential Order and by virtue of Article 8 of the sai......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ...... 6. 68 and 15. 8. 68 respectively passed by an Arbitrator in London. 3. These applications were resisted, by the petitioner denying the material allegations of the opposite party and praying for dismissal of the suits on the ground, inter alia, that the said awards were not enforceable in Bangl..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
....erning the Revisional Case briefly stated are that National Bank of Pakistan, as it then was, obtained a money decree against the judgment-debtor, Sunil Kumar Basu on 12-9-62. The decree was put into execution, and a house property at Hatkhola of the judgment-debtor was attached and put to auction s......stions the material part of article 3 excluding the non-essential ones may be set out; “Notwithstanding anything contained in any other law for the time being in force all Orders passed ex parte by any Court....or orders disposing of mailers due to default in compliance with any direction......972 was promulgated. The judgment-debtor on 18.2.72 filed an application for restoration of the Misc. Case No. 334 of 1970 which was dismissed for default on 15.5.71, and it was restored treating the dismissal order null and void. The judgment-debt or thereafter filed two applications on 22.2.72 and..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Ramjan Khan alias Ramjan Ali Khan Vs. Obaidul Huq Chowdhury and others, 1975, 4 CLC (AD)
.... Judgment Kemaluddin Hossain J.—This is an appeal by Special leave from the decision of a learned Single Judge of the High Court, Dacca passed in Revision. 2. Landlord-Respondents obtained an ex parte rent decree in R.S. 63/59 in respect of the holding No. 64 Santinagar, Dacca, against one N......atna 416. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Abdur Rab-II, Advocate-on-Record—For the Appellant. U.K. Abdul Hye, Advocate—For the Respondent No.1. Ex-parte—Respondents Nos. 2-10. Civil Appeal No. 8-D of 1971. (On appeal from the Judgment......uq is holding the land on his own account treating his application maintainable. We make no order as to cost. Ed. The Case is also Reported in: 28 DLR (AD) (1976) 57. ..Category: Contract Law | Date: 5 Feb, 1975 | Hits: 271
Md. Nur Hossain Vs. Bangladesh and another, 1975, 4 CLC (HCD)
.... September 1957. The plaintiff was therefore directed by defendant No. 2 by his memo dated 7.9.57 to stop works but the plaintiff instead of paying any heed to that direction engaged more laborers to expedite the construction. The encroached portion of the construction was demolished and the plainti......rties shall bear their respective costs throughout. A.S. Faizul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 541 ......for public purpose and in accordance with proper legal procedure, that the suit was barred under the principles of resjudicata and that it was misconceived. 4. It may be mentioned that after the dismissal of the writ petition by the Dacca High Court as mentioned above the plaintiff went on appe..Category: Civil Law | Date: 31 Jan, 1975 | Hits: 2
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