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Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....yer for temporary injunction. 4. That the plaintiffs case, in short, is that the plaintiff joined as Assistant Headmaster of Rajshahi Girls High School, Rajshahi on 1‑8‑1983 and that he was an examiner on English subject under the Board of Intermediate and Secondary Education, Rajshahi; that ......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......ess does not make an order of termination punitive discharge. 'Me reason is that discharge of an employee in terms of the contract or service rules cannot be treated as penalty and does not amount to dismissal or removal. In one case the order of discharge made adverse comments against the probation..Category: Employment/Service Law | Date: | Hits: 166
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....The High Court Division may call for the record of any case which has been decided by any Court subordinate to the High Court Division and in which no appeal lies thereto ..............” 7. The expression "no appeal lies thereto" means no appeal lies to the High Court Division. Therefore, ther...... lawfully. Clause (d) of section 21 of the Specific Relief Act states that a contract which in its nature is revocable cannot be specifically enforced. 12. The impugned order having been passed ex parte in hot haste on the date immediately after filing of the plaint, the learned Subordinate Judge......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ..Category: Civil Law | Date: | Hits: 169
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
....ance of the petitioner Md. Azizul Huq calling upon the respondents to show cause as to why Judgment and order dated 27‑01‑82 passed by the Labour Court, Khulna in Complaint Case NO.29 of 1979 (Annexure F) shall not be declared to have been passed without lawful authority and of no legal effect. ......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......y and of no legal effect. 2. Learned Advocate appearing for the petitioner after placing the impugned Judgment and order and other materials on record submitted that Labour Court having found that dismissal of the petitioner was not tenable in law acted illegally in dismissing the case on erroneo..Category: Labour and Industrial Law | Date: | Hits: 162
Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)
....tagong). Judgment Kazi Ebadul Hoque J.- In this Rule petitioner Abdul Satter, Fitter of Victory Jute Products Limited has challenged the legality of the decision and order dated 12‑7‑90 (Annexure‑D to the petition) passed by AM respondent No.1, Chairman, Labour, Court, Chittagong in Comp......dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ......7 of 1986. 2. The teamed Advocate for the petitioner submitted that the respondent No.2 did not take into consideration 22 years unblemished service record of the petitioner in awarding penalty of dismissal from service to petitioner for the loss of some small spare parts given to him for repairi..Category: Labour and Industrial Law | Date: | Hits: 183
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....e petitioner for about 20 years and on 3-7-86 a proceeding was taken against him charging him for misconduct for absence from duty for a part of the day for 45 minutes on 1‑7‑86 from 345PM and an explanation was called for from the respondent No.2 against the charges levelled against him. The Re......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ...... No.2 guilty of misconduct and accordingly, submitted a report on the basis of the said report the respondent No.2 was dismissed from service on 10‑8‑86. The respondent No.2 received the order of dismissal on 9‑9‑86. He thereafter filed a grievance petition under section 25(1)(a) of the Empl..Category: Labour and Industrial Law | Date: | Hits: 162
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....dayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs. Om Prakash, AIR 1989 (Rajasthan) 132; Allied Bank of Pakistan Ltd. Vs. VC Khilnani and 2 others, PLD 1984 (Karachi) 127 (131); Fine Textile Mills Ltd. Karachi Vs. Haji Umar, 15 DLR (SC) 86; Komarmal Gurudayal Vs. Sagorma Bergani, AIR......ant by his order dated 15.4.1992. Thereafter the defendant-opposite party filed an application by affidavit under Order 37 rule 4 of the Code of Civil Procedure on 25.4.1992, for setting aside the ex parte decree dated 15.4.1992 and praying for leave to appear and defend the suit. It was alleged, in......rders dated 23.7.94 and 30.7.1994 passed by him allowing time to the defendant for filing written statement and fixing the date of hearing of the suit respectively. 2. Short facts relevant for the dismissal of the Rule may be stated as follows: 3. The plaintiff petitioner instituted the above ..Category: Procedural Law | Date: | Hits: 125
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ed residential house in Kha schedule land with 7.5% interest but loanee defaulted in payment of the loan and when it stands at Taka 12,09,618.61, the case was filed. 4. Both the cases were decreed ex-parte by the learned District Judge, Tangail. Thereafter, Money Execution Case No.6 of 2002 and M......residential house in Kha schedule land with 7.5% interest but loanee defaulted in payment of the loan and when it stands at Taka 12,09,618.61, the case was filed. 4. Both the cases were decreed ex-parte by the learned District Judge, Tangail. Thereafter, Money Execution Case No.6 of 2002 and Mone......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ..Category: Civil Law | Date: | Hits: 198
....er dated 12.1.84, allowed the petition filed by the plaintiffs under Order 11 rule 21 of the Code of Civil Procedure. He struck out the written statements by order dated 12.1.84 and fixed 23.2.84 for ex parte hearing of Title Suit No.874 along with Title Suit No.900 of 1980. The defendant then prefe......dated 12.1.84, allowed the petition filed by the plaintiffs under Order 11 rule 21 of the Code of Civil Procedure. He struck out the written statements by order dated 12.1.84 and fixed 23.2.84 for ex parte hearing of Title Suit No.874 along with Title Suit No.900 of 1980. The defendant then preferre...... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
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Category: Procedural Law | Date: | Hits: 132
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....suit upon such condition. 2. The opposite party who was the defendant in the suit alleged that he could not appear on the date of hearing because his Tadbirkarok who had died few days before the ex parte disposal of the suit could not send him the letter received from the Moharrar about the dat......t upon such condition. 2. The opposite party who was the defendant in the suit alleged that he could not appear on the date of hearing because his Tadbirkarok who had died few days before the ex parte disposal of the suit could not send him the letter received from the Moharrar about the date o...... statute or an application for a review can be made only if it is warranted by the statute and only on the grounds which the statute allows, so can a summary setting aside of an ex-parte decree for a dismissal for default be had only if the grounds provided in the Code for such relief are made out S..Category: Procedural Law | Date: | Hits: 127
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....gment or any order or decree passed by the Court and as such the present appeal is liable to be dismissed. He further submits that in fact the judgment and decree passed against the present appellant ex parte, thus he (defendant No.35) could have filed an application before the Court under Order IX,......nt or any order or decree passed by the Court and as such the present appeal is liable to be dismissed. He further submits that in fact the judgment and decree passed against the present appellant ex parte, thus he (defendant No.35) could have filed an application before the Court under Order IX, ru......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ..Category: Alternative Dispute Resolution | Date: | Hits: 227
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....t, Chittagong against the petitioner defendant No.1 and opposite parties 2 and 3 pro-forma respondents defendant for specific performance of contract of sale and other reliefs. The suit was decreed ex-parte on 30.07.1975. The petitioner filed an application under Order 9, rule 13 of the Code on 30......Chittagong against the petitioner defendant No.1 and opposite parties 2 and 3 pro-forma respondents defendant for specific performance of contract of sale and other reliefs. The suit was decreed ex-parte on 30.07.1975. The petitioner filed an application under Order 9, rule 13 of the Code on 30.08......or to obtain a pass over the appeal. The learned Court did not allowed any time and dismissed the appeal of merits without hearing any arguments of the learned Advocate. Mr. C.R. Das submits that a dismissal on merits of an appeal under Order 41, rule 17 is illegal. Sub-rule (1) of rule 17 r..Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....llage Kandra under P.S. Jhenindah, District Jessore in connivance with others had created a false document namely a Bainanama showing one Sadaraddm Ahmed husband of the complainant Halima Khatun as executor of the said Bainapatra and for specific performance of that Contract a suit was filed in th...... others is the Court of Munsif 2nd Court Jhenidah that the defendant namely her brother and all others coshearers in spite of notice did not appear and on 09.12.1975 the partition suit was decreed ex-parte. It was objected to by the defendants, on appeal it was dismissed and the petitioner according......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109...Category: Criminal Law | Date: | Hits: 117
Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....tay or an order of injunction pending hearing of the case before him under Order 39, rules 1 & 2 or section 151 C.P.C. inasmuch as that the Labour Court or for the purpose no Court of law can exercise any jurisdiction or power unless it is conferred by law upon it. According to the learned A...... and examining him on oath; (b) compelling the production of documents and material object; (c) issuing commissions for the examination of witnesses or documents and (d) delivering ex-parte decision in the event of failure of any party to appear before the Court." The learned Advo......to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128...Category: Labour and Industrial Law | Date: | Hits: 147
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....the suit land to the plaintiff at the highest market price and then the price of the land was fixed at Taka 1,68,000 and then on 8‑3‑88, after receipt of Taka 5000 from the plaintiff, a baina was executed between the plaintiff and the defendant No.1 and on that date the defendant No.1 handed ove......e for filing written objection but ultimately, she neither filed written objection nor any written statement and she also did not contest the suit and then on 24‑3‑92 the suit was taken up for ex parte hearing and during hearing the plaintiff examined himself as P.W.1 and also the service P.W.2 ......itle in the suit land by the said Deed of Heba‑bil-Ewaz. 5. Mr. ASM Wahidul Momen Chowdhury, the learned Advocate for the defendant No.1 respondent, submits that although the grounds shown for dismissal of the suit is not satisfactory but the facts remain that the plaintiff, even in the case ..Category: Property Law | Date: | Hits: 104
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....with AKM Shahidul Huq, Advocates ‑ For the Opposite Party No.1. Civil Revision No.2288 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- Is the Civil Court so powerless that in exercise of its inherent powers it cannot entertain, an application for setting aside, an ex parte d......8 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.- Is the Civil Court so powerless that in exercise of its inherent powers it cannot entertain, an application for setting aside, an ex parte decree which is alleged to have been obtained on practising fraud upon the court itself ? This...... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552...Category: Procedural Law | Date: | Hits: 130
....itten statement. On so many occasions adjournments were granted to the defendants to file written statement but no written statement was filed challenging the suit. Ultimately, the suit was fixed for ex parte hearing on 22.3.88. On that date plaintiff No.2 was examined and several documents were pro......en statement. On so many occasions adjournments were granted to the defendants to file written statement but no written statement was filed challenging the suit. Ultimately, the suit was fixed for ex parte hearing on 22.3.88. On that date plaintiff No.2 was examined and several documents were proved......es are wilfully disobeying as well as ignoring the decree for permanent injunction, treating the suit land as part of Chandipur hat although it is a part of homestead of the plaintiff. Further, after dismissal of their Miscellaneous Case No.18 of 1988 filed under Order 9 rule 13 CPC they are debarre..
Category: Property Law | Date: | Hits: 123
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
....on was issued calling upon the respondents to show cause why the order contained in Memo No. Rev. 111‑12/85‑779(7) dated 19.12.85 issued by the Deputy Commissioner, Bandarban, respondent No.2 (Annexure‑E) should not be declared to have been passed without lawful authority and to be of no legal......ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539....... given to them. The appointment is not hereditary, but a son, when competent, may be appointed to succeed his father". 12. We find that this is the only rule which regulates the appointment and dismissal of headman on the ground of incompetence or misconduct. There is no provision under this r..Category: Others | Date: | Hits: 171
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....aforesaid Touzi Nos.120 and 1142 took permanent settlement in raiyad right of both the above mentioned island chars at a rental of rupees 3.00 per acre from the government on payment of salami and by executing 4 separate Kabuliyats in the year 1946 AD. Kabuliyats were accepted by the government and ......ent appeal has no merit and there is nothing to disturb the judgment and decree passed by the learned Subordinate Judge. Accordingly, the appeal is dismissed on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. ......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ..Category: Property Law | Date: | Hits: 118
Chairman, Chittagong Port Authority, Chittagong Vs. Kalipada Dey & others, 1986, 15 CLC (HCD)
....tores Ltd. and others Vs. Chairman, Labour Court, Chittagong and another, 30 DLR (SC)(1978) 251; M/S. M.M. Ispahani Ltd. Vs. Chairman, 2nd Labour Court, Chltlagong and another,19 DLR (1967) 612; Raj Textile Mills Ltd. Vs. Chairman, Labour Court, Khulna & another, 33 DLR (1981) 376; Pubali Bank L......it has been contrarily held that even in deciding such cases the Labour Court shall be deemed to be a civil Court and shall be deemed to have power to grant injunction and to pass or set aside the ex parte decree by following the procedure of the Code of Civil Procedure. 17. The earliest decisi......t, the Rule is made absolute without any order as to costs and the impugned order is set aside. Mohammed Abdur Rouf J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 39. ..Category: Labour and Industrial Law | Date: | Hits: 204
....decree dated 5-6-2004 passed by the learned Joint District Judge-in-charge, 2nd Court, Chittagong in Other Class Suit No.143 of 2001 decreeing the suit against the defendant No.7 and 8 on contest and ex parte against the rest and declaring that the plaintiff respondent Nos. 1-17 are entitled to get ......ree dated 5-6-2004 passed by the learned Joint District Judge-in-charge, 2nd Court, Chittagong in Other Class Suit No.143 of 2001 decreeing the suit against the defendant No.7 and 8 on contest and ex parte against the rest and declaring that the plaintiff respondent Nos. 1-17 are entitled to get lea...... evidence led by P.W.1 shockingly failed to make out a case of entitlement of any declaration as prayed for. With these submissions he prayed for setting aside of the impugned judgment and decree and dismissal of the suit.
10. Mr. Kamal-ul-Alam, the learned Advocate on the other hand, taking us t..
Category: Property Law | Date: | Hits: 118
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