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Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)
....e if we confine ourselves in the case of the parties relating to the properties described in Kha schedule only. As it appears from the plaint and the application under Order XL, rule 1 of the Code annexed as annexures A & B respectively, to an application for stay earlier made by the appellants ......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ...... by rightful owners of the property having had lion share, if not all. The case of M. Moslem Khan Vs. M. Mohsin Khan reported in 7 BLT (AD) 101 as referred to by Mr. Nawroz MR. Chowdhury is all about dismissal of a leave petition against appointment of receiver by the High Court Division in respect ..Category: Civil Law | Date: | Hits: 126
Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)
....i in Writ Petition No.305/87 and by Mr. Abdul Matin in Writ Petition No. 306/87 under Article 102 of the Constitution the respondents were asked to show cause why the impugned order dated 18.2.87 (Annexure F) passed in complaint case Nos. 47/85 and 46/85 by the Chairman, Labour Court, Khulna should ......f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......nstituted before which the petitioner appeared. The enquiry committee found the petitioner guilty and based on the enquiry report the petitioner was dismissed from service by order dated 22.7.85. The dismissal order was served on the petitioner on 27.7.85. A copy of the said letter of dismissal is a..Category: Labour and Industrial Law | Date: | Hits: 182
Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)
....h is a family Court matter. 4. Learned Advocate then placing a decision of Division Bench reported in 47 DLR 18 holding the opposite view submits that the decision by the Division Bench was passed ex parte against the husband opposite party and that section 3 of the Family Courts Ordinance was no......s a family Court matter. 4. Learned Advocate then placing a decision of Division Bench reported in 47 DLR 18 holding the opposite view submits that the decision by the Division Bench was passed ex parte against the husband opposite party and that section 3 of the Family Courts Ordinance was not p......87 pending in the Court of Thana Magistrate Keshabpur, District Jessore, passed at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 416. ..Category: Family Law | Date: | Hits: 133
Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
....of 1987, praying for partition of the ejmali properties by metes and bounds according to their shares. Eventually 23‑9‑89 was fixed for hearing of the application for temporary injunction and for ex parte disposal of the suit. On 23‑9‑89 both the plaintiffs and the defendants were absent in ......1987, praying for partition of the ejmali properties by metes and bounds according to their shares. Eventually 23‑9‑89 was fixed for hearing of the application for temporary injunction and for ex parte disposal of the suit. On 23‑9‑89 both the plaintiffs and the defendants were absent in the......lt of which the suit was dismissed for default. Thereafter the plaintiffs filed an application under Order 9 rule 4 read with section 151 of the Code of Civil Procedure for setting aside the order of dismissal of the suit dismissed for default. By order dated 30‑11‑89 the learned Subordinate Jud..Category: Procedural Law | Date: | Hits: 88
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....erest till realÂisation of the unpaid amount. The defendants did not turn to contest the suit and thereupon, the learned Joint District Judge and Artha Rin Adalat, Narayangonj took up the matter for ex-party hearing on 22.6.1997 and after ex-parte hearing was pleased to decree the suit against the ......nt. The defendants did not turn to contest the suit and thereupon, the learned Joint District Judge and Artha Rin Adalat, Narayangonj took up the matter for ex-party hearing on 22.6.1997 and after ex-parte hearing was pleased to decree the suit against the defendants ex-parte in preliminary form by ......earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ..Category: Civil Law | Date: | Hits: 129
Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
.... Suit No.211 of 2001 in the Court of Joint District Judge and Artha Rin Adalat-1, Dhaka against the defendant petiÂtioner for realization of money under the Artha Rin Ain, 1990. The suit was decreed ex-parte on 10.4.2002 and then Money Execution Case No.176 of 2002 was started in the Court of Joint......it No.211 of 2001 in the Court of Joint District Judge and Artha Rin Adalat-1, Dhaka against the defendant petiÂtioner for realization of money under the Artha Rin Ain, 1990. The suit was decreed ex-parte on 10.4.2002 and then Money Execution Case No.176 of 2002 was started in the Court of Joint Di...... Rule is discharged without any order as to cost. Send down the lower Court's record at once. Nozrul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 356. ..Category: Civil Law | Date: | Hits: 89
....nter alia that he was appointed by Bangladesh Film Development Corporation as a Lower Division Assistant-Âcum‑Typist vide Memo No. FDC/Admn. (Administration and Finance) 35(7) dated 7‑7‑92 (Annexure‑A) in the national pay scale of Taka 1200.00‑2335.00. One of the conditions of her appoint......Court, in complaint Case No.450 of 1993. Stay Order 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) 396.
...... a probationer with the expiry of the probation period. Therefore, service of a probationer could be terminated on the ground of unsatisfactory work and such termination of service will not amount to dismissal or removal. In this connection termination of he has referred to decisions held in 31 DLR ..
Category: Labour and Industrial Law | Date: | Hits: 265
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
..... Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 27.4.2000 purporting to demote the petitioner as in Annexure-F and the order dated 17.1.2001 purporting to dismiss the petitioner from service and forfeiti......002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ...... authority and thus, the subsequent delegation of the power upon the Director General to appoint the persons in the River Research Institute will not empower the Director General to pass the order of dismissal against the petitioner as it is hit by Article 135 of the Constitution of the People's Rep..Category: Employment/Service Law | Date: | Hits: 166
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....ram had been in possession of the suit land and the income thereof was being utilised for the worship of the said Dev Bigraha and for other different charitable purposes. The said Dhirendra Nath Roy, ex‑Zamindar of Narail, was the founder and Secretary of the Asram. But during SA operation of the ......ithout any order as to costs. Let the records of this case be sent down with a copy of this Judgment as expeditiously as possible. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 367. ......the suit land. Now, question is whether in such a stage of the suit when issues were not settled and even the written statement from the side of the defendants was not filed, passing of such order of dismissal of the suit on the ground of its maintainability without giving opportunity to the parties..Category: Property Law | Date: | Hits: 113
....Writ Petition No.8673 of 2005.
Judgment
Sheikh Abdul Awal J.- This Rule Nisi was issued calling upon the respondent to show cause as to why the section 34 of the Artha Rin Adalat Ain, 2003 (Annexure-A) being violating of the provision of Article 27 and 31 of the Constitution of the People's R......intiff instituted Artha Rin Case No.64 of 2005 before the Artha Rin Adalat, 3rd Court, Dhaka for realization of its outstanding dues amounting to Tk. 39,21,694.38. Ultimately, the suit was decreed ex-parte vide ex-party judgÂment and decree dated 7.6.2005 (decree signed on 16.6.2005). After obtaini......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
..
Category: Civil Law | Date: | Hits: 127
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....alling upon the respondents to show cause as to why the impugned order No.170 dated 22.03.2009 passed by the learned Judge of the Artha Rin Adalat No.1, Dhaka in Artha Rin Jari Case No.80 of 2005 (Annexure-A to the petition, should not be declared illegal and without any lawful authority and/or pass......enumbered as Title Suit No.261 of 1998 in the court of Artha Rin Adalat No.4, Dhaka for realisation of the said loan amount. On transfer this suit to the Artha Rin Adalat No.1 Dhaka it was decreed ex parte on 21.03.1999. Thereafter, the present petitioner filed an Execution Case No.3 of 1999 and the......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..Category: Civil Law | Date: | Hits: 186
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....t jurisdiction. During the pendency of the present suit he amended the plaint by an application dated 13.09.1975 and averred that he was on leave from 10.11.1973 to 20.07.1975 on medical ground. Upon expiry of leave on 20.07.1975 he filed joining report to the AdminisÂtrator on 21.07.1975 but the S......udge are set aside and the plainÂtiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......fficiency and Discipline) Rules, 1968 and the office memo dated 26.10.1974 inflicting some puniÂshment upon him are illegal, ultra vires, irregular and without jurisdiction and (3) that the order of dismissal from service by memo dated 04.08.1975 is illegal, unwarranted and void. 3. The learned ..Category: Employment/Service Law | Date: | Hits: 120
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
....sion No.07 of 2005 affirming the judgment and order dated 25.11.2004 passed by the learned Joint District Judge, Court No.1, Lakshmipur in Miscellaneous Case No.38 of 2004 arising out of Artha-Decree execution Case No.15 of 2003, pending in the Artha Rin Adalat and Joint District Judge, Court No.1, ......dency of the suit the present petitioner by filing an application under Order I Rule 10 C.P.C for addition of party was added as defendant No. 4 in the suit. 3. Ultimately, the suit was decreed ex-parte by the ex-parte judgment and decree dated 17.3.2003. After getting the ex-parte decree the dec......, expedite the proceeding of the execution case. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 209. ..Category: Civil Law | Date: | Hits: 176
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
.... Title Suit No.447 of 2007 rejecting the plaint under Order VII rule 11 of the Code of Civil Procedure. 2. The plaintiff-appellant filed the aforeÂsaid suit for Specific Performance of a Contract executed by respondent-defendant No.1, G. Morshed Reza for selling the suit property described in th......oner that the seal of the Court was not affixed to the affidavit. I hold, therefore, that the summonses were not duly served on the defendant in this case and that his application to set aside the ex-parte decree was within time." 13. Learned Advocate next relied on the decision of Feroza Majid a......o proÂceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ..Category: Civil Law | Date: | Hits: 200
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
.... that the petiÂtioner being contiguous land holder is entitled to get pre-emption of the case land; that the opposite party Nos.1-3 are strangers; that on 20-12-1987 while the opposite party Nos.1-3 expressed that they are the owners by purchase of the case land tried to possess the case land the p......n transfer heard and disposed of by the learned Subordinate Judge, 3rd Court,Dhaka, who after hearing both the parties was pleased to disallow the appeal on contest against the respondent No.1 and ex-parte against the rest without any order as to costs and affirmed the judgment and order dated 30-1-...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ..Category: Property Law | Date: | Hits: 138
Durga Rani Sutradhar Vs. Paresh Chandra Sutradhar, 2002, 31 CLC (HCD)
....filed the above Will probate case before the District Delegate Subordinate Judge Narayanganj on 13‑7‑1986 under section 276 of the Succession Act, 1925 (hereinafter will be referred to as Act) annexing the original Will and other supporting papers. On 6‑8‑1986 she had taken back the original......raise any objection to the grant of the probate in favour of their mother applicant. But the learned Subordinate Judge acting as a District Delegate, rejected the application on 6‑8‑1988 after ex parte hearing only on the ground that the intended probate cannot be granted without having the orig......ance with law and in the light of our observations given above. We prefer to make no order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 600. ..Category: Property Law | Date: | Hits: 113
....espondent No.3 allegedly acting on the order of respondent No.2 and as comÂmunicated to the petitioner vide Memo No. 4P-/Shansgtha/92/275(7) 302 dated 17-6-1996 dismissing him from service-marked Annexure-A to the petition should not be declared to be illegal, arbitrary, void, inoperative and of no......him from service, marked Annexure-A to the petition, is declared to have been made without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 16 BLC (HCD) (2011) 62.
......was promoted to Upper Division Assistant and then to the post of Section Officer in 1989 and he had been discharging his duties honestly and efficiently till he was dismissed by the impugned order of dismissal dated 5-6-1996. While serving under the respondent No.1 the petitioner was elected as the ..
Category: Employment/Service Law | Date: | Hits: 205
Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....sal of the rule are that, the opposite party obtaineddecree on 27-3-2000 in Civil Case No.784 of the Federal Court of First Instance, Abu Dhabi City, United Arab Emirates and put the said decree into execution in the Court of Joint District Judge, Dhaka through Money Execution Case No.2 of 2004. The......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......mpugning the judgment and order No.22 dated 14-7-2005 passed by the learned Joint District Judge, 4th Court Dhaka in Money Execution Case No.2 of 2004 rejecting the petitioner's application filed for dismissal of the said Money Execution proÂceeding and/or such other further order or orders as to t..Category: Civil Law | Date: | Hits: 168
.... asked to show cause as to why for the aforesaid offence he should not be dismissed from service. Thereafter, the respondent No.1 dismissed him from service by any order passed on 7‑7‑98 as at Annexure‑D to the writ petition. The petitioner then filed a grievance petition under section 25 (1) ...... with the Judgment and order passed by the learned Labour Court.
The Rules is, accordingly, discharged without any order as to costs.
Ed
This case is also Reported in:49 DLR (HD) (1997) 215.
...... defending himself and after holding enquiry the petitioner was found guilty of misconduct and, as such, the Respondent No.1 dismissed him from service. According to the Respondent No.1, the order of dismissal was perfectly according to law.
4. After hearing the parties the learned Labour Court f..
Category: Labour and Industrial Law | Date: | Hits: 141
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....The pro forma defendant No.4 filed written statement and was contesting the suit. The suit was fixed on 29.12.76 for pre-emptory hearing. Defendants were found absent on call and the suit was decreed ex parte. Thereafter, the appellant defendant filed an application under Order 9, rule 13 C.P.C givÂ...... pro forma defendant No.4 filed written statement and was contesting the suit. The suit was fixed on 29.12.76 for pre-emptory hearing. Defendants were found absent on call and the suit was decreed ex parte. Thereafter, the appellant defendant filed an application under Order 9, rule 13 C.P.C givÂin......missed the Misc. Case. The appeal is, therefore, dismissed withÂout any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..Category: Procedural Law | Date: | Hits: 143
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