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Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)
.... Appeal No.203 of 1992 before the District Judge, Chittagong and the said appeal was also dismissed on contest by the judgment and decree dated 12-3-1996. Since the said judgment and decree being not executable, the decree holder opposite party again instituted other Suit No.10 of 2000 in the Court ...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......989 and thereÂafter the decree holder opposite party as plaintiff instituted other Class Suit No.62 of 1989 in the Court of Assistant Judge, Chandanaish, Chittagong for declaration that the order of dismissal dated 8-10-1989 is illegal. The said suit was decree on contest, against which some of the..Category: Civil Law | Date: | Hits: 166
Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)
..... 2. Question involved and verdict proposed to be given does not demand detailed disclosure of facts those which shed light on controversy and those are: a) First opposite party as pre‑emptor exercised his right of pre‑emption under section 96 of the Act against pre-emptee Âpetitioner on ...... of authorities held that no appeal lies against an order dismissing an application made under Order IX, rule 13 of The Code for restoration of a proceeding under section 96 of The Act disposed of ex parte. 6. Principle enunciated by Appellate Division shall apply equally to an application laid u......s dismissed for default on 16‑7‑1998. (d) Pre-emptee-petitioner, thereafter, filed a petition under Order IX, rule 9 of The Code for restoration of case to its file and number on setting aside dismissal order. Petition laid under Order IX, rule 9 of The Code had been numbered as Miscellaneous..Category: Procedural Law | Date: | Hits: 104
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman ChowÂdhury and others, 1992, 21 CLC (HCD)
.... defamatory and contemptuous remarks against Mahmudul Amin Chowdhury, J. In this connection reference may be made to the statements made in paragraphs Kha, Uma, Ja, Cha, Engwa, Ta, Da, & Na of Annexure 'C' to this application and as such the opposite parties 1‑8 committed contempt of the Chitt......e committed contempt of a Judge of the Court and is liable to be proceeded with under the law of contempt. In this connection he also reffered to the case of Reg. Vs. Island Revenue Commissioners, Ex parte National Federation Self‑Employed and Small Businesse Ltd. reported in Law Reports, Appeal C......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...Category: Criminal Law | Date: | Hits: 131
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
....ght if the same cause of action continues or a new cause of action arises. 8. From the perusal of the record of this case it appears that Title Suit No.210 of 1981 was filed on 21.4.81 vide Annexure W of the petition. Title Suit No.188 of 1982 was filed on 17.4.82 vide Annexure 'C' of the pet......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......e took the same plea as in the earlier Title Suit No.210 of 1981. The defendant filed an application on 13.3.1985 under Order 7 rule 11 CPC for dismissing the Title Suit No.188 of 1982 in view of the dismissal of the earlier Title Suit No.210 of 1981. The learned Munsif by his Order No.37 dated 19.3..Category: Civil Law | Date: | Hits: 166
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....te Parties Judgment August 30, 1990. Result: The rules are made absolute. Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. & another Vs. Sudhangsu Bikash Nath, BCR 1987(AD) 454 = 40 DLR (AD) 45; Jogesh......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......CR 1987 (AD) 454 = 40 DLR (AD) 45 which was a Store Keeper in the Dosta Textile Mills, an industrial unit of the Bangladesh Textile Mills Corporation, was "issued from service. He then challenged his dismissal in a suit before this civil Court. The suit contested by the defendant, Senior Manager of ..Category: Labour and Industrial Law | Date: | Hits: 176
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....) 97; Khulna Tobacco Industries Limited Vs. ChairÂman, Labour Court, Khulna & another, 29 DLR 148; M/s. M.M. Ispahani Ltd. Vs. Chairman, 2nd Labour Court, Chittagong and others, 19 DLR 612; Raj Textile Mills Ltd. Vs. Chairman, Labour Court, Khulna and others 33 DLR 376. Lawyers Involved: ......e paid to him. The Labour Court, however, allowed time upto 16.06.1985 to file the written statement on condition that adjournment cost of Tk. 100/- shall be paid. Otherwise the case will be heard ex parte on 16.06.1985. 4. On 16.06.1985 the petitioner filed the written statement denying the mate......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ..Category: Procedural Law | Date: | Hits: 180
....that he was appointed as a professor of Kapilmuni College in the Department of Civics on a salary of Taka 200.00 per month by an order contained in Memo No.51/10/70-71 dated 13.9.70 which has been annexed as Annexure‑H to the supplementary affidavit filed by the petitioner on 12.5.94. Subsequently...... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121.......he petitioner.
Amir-ul-Islam, Advocate - For the Respondent No.3.
Writ Petition No.196 of 1986.
Judgment
Naimuddin Ahmed J.- By this application under article 102 of the Constitution the dismissal of the petitioner who happened to be a Professor of Political Science in a college named K..
Category: Employment/Service Law | Date: | Hits: 226
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....he same transaction and involve common questions of fact and law. 2. In Writ Petition No.425 of 1985 the petiÂtioner obtained the Rule Nisi challenging two Memos, namely, a Memo dated 24.4.85 (Annexure M) and a Memo dated 26.10.85 (Annexure N 1) both isÂsued by the respondent No.2, Deputy Secre....... A true copy of the said order was annexed as Annexure M which is the first impugned order. 5. On 6.6.85 the petitioners filed an applicaÂtion before the respondent No.1 for setting aside the ex parte impugned order Annexure M on review on grounds, inter alia, of want of jurisdiction and palpaÂ......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..Category: Property Law | Date: | Hits: 129
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....e case of contemner No.1 Mr. Ashok K Karmaker. The article covering 6 columns is on the ability of the power and ability of the Judges of the High Court Division to issue Rule and the order passed in exercise of their power under Article 102 of the Constitution of the People's Republic of Bangladesh......titution of the People's Republic of Bangladesh. 5. Before I embark upon the discussion of the Article I want to state, briefly, the object of punishing for contempt for scandalising Judges. In ex parte Whitmore it has been stated thus: "The law punishes the contemner out of no personal consid......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....1735.02 before the Artha Rin Adalat, 1st Court, Chittagong impleading Capital Ship Breakers as defendant No.3. 2. The suit was contested by Capital Ship Breakers Ltd. and eventually it was decreed ex-parte on 26-6-05 with a direction upon the judgment debtor to pay the decreetal dues to the respo......5.02 before the Artha Rin Adalat, 1st Court, Chittagong impleading Capital Ship Breakers as defendant No.3. 2. The suit was contested by Capital Ship Breakers Ltd. and eventually it was decreed ex-parte on 26-6-05 with a direction upon the judgment debtor to pay the decreetal dues to the responde...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ..Category: Civil Law | Date: | Hits: 235
....hy the order as contained in Memo No.06/Estate/180(Part)-4/488/1(10) dated 14-5-97 issued under the signature of Mr. Md. Ashraf Ali Khan, In charge (Planning and Estate) of the respondents office (Annexure-C) should not be declared to have been made without lawful authority and is of no legal effect......issued without lawful authority and is 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: 51 DLR (1999) (HCD) 339.
......ho has been retrenched, discharged, dismissed or whose services has been terminated, shall vacate such residential accommodation within a period of 15 days from the date of his retirement, discharge, dismissal or termination of his service, as the case may be, unless a case in respect of such retren..
Category: Labour and Industrial Law | Date: | Hits: 176
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
.... 2002. Judgment Syed Amirul Islam J.- This Rule arises out of an arbitration agreement entered into between the judgment-debtor and the decree-holder-opposite party No.1. The said agreement was executed on 22-6-1987 for laying cable at Mirpur Telephone Exchange and after completion of the work......that the Executing Court committed an error of law occaÂsioning failure of justice in rejecting the objections of the petitioner simply on the ground that the award given by the arbitrator was an ex parte one and the objections which they have now raised before the Executing Court could have been r......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....-4-98 passed by the learned Senior Assistant Judge, Daudkandi, Comilla in allowing Miscellaneous Case No.7 of 1998 under Order 9 rule 13 of the Code of Civil Procedure which was preferred against the ex parte decree dated 10-6-97 passed in Title Suit No.4 of 1995 should not be set aside. 2. Th......98 passed by the learned Senior Assistant Judge, Daudkandi, Comilla in allowing Miscellaneous Case No.7 of 1998 under Order 9 rule 13 of the Code of Civil Procedure which was preferred against the ex parte decree dated 10-6-97 passed in Title Suit No.4 of 1995 should not be set aside. 2. The p......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418...Category: Procedural Law | Date: | Hits: 131
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....le in the suit land and the same was valued at Taka 10,500/- only. At the time of the institution of the suit, the Court of the learned Munsifs, now Assistant Judges had pecuniary jurisdiction to the extent of Taka 6,000/- and 10,000/- only, but during the pendency of the suit the pecuniary jurisdic......the opposite parties No's. 1-15 as plaintiffs filed O.C. Suit No.181 of 1982 in the Court of the learned Subordinate Judge, Bogra on 2.7.82 against the present petitioner for a declaration that an ex parte decree passed on 4.1.80 in O.C. Suit No.17 of 1979 is void, illegal and fraudulent and prayed ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....Road, Segun Bagicha, Dhaka and others…………………Respondents Judgment November 23, 2011. Result: The Rule is discharged. Cases Referred to- R Vs. Legal Aid Committee No.1 ex-parte Rondel, 1967 2 QB 482; Lloyd Vs. Blassey, 1969 2 WLR 310; I.R.C Vs. Littlewoods Mail Order ......d, Segun Bagicha, Dhaka and others…………………Respondents Judgment November 23, 2011. Result: The Rule is discharged. Cases Referred to- R Vs. Legal Aid Committee No.1 ex-parte Rondel, 1967 2 QB 482; Lloyd Vs. Blassey, 1969 2 WLR 310; I.R.C Vs. Littlewoods Mail Order Sto...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
.... 467, 468 and 471 of the Code against petitioner No.1 and under sections 467 and 109 against two others including petitioner No.2 by order dated 24.8.1991 and proceeded with trial. 4. Prosecution examined five witnesses in support of its case. Of them P.Ws.1, 2 and 3 Makbul Hossain, Jinnaten Nes......nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......section 5 of the Limitation Act. Learned Sessions Judge heard the application, rejected the same and thereby dismissed the criminal appeal summarily by order dated 7.9.1992. Against the said order of dismissal, the convict-appellants moved in this Court with the instant criminal revision and obtaine..Category: Limitation Law | Date: | Hits: 194
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....on 12.11.83. Accordingly he appeared before the enquiry commitÂtee with his witnesses but their statements were not properly recorded nor read over to them. The witnessÂes for the employer were not examined in his presÂence although his thumb impression was obtained by the enquiry officer forcibl......missal of the respondent No.2 is modiÂfied to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......ticle 102 of the Constitution calls in question the judgment and orÂder dated 30.4.85 passed by the 3rd Labour Court, Dhaka in Complaint Case No.3/84 allowing the case and setting aside the order of dismissal of the Respondent No.2, a worker, from service and directing his re-instatement. 2. The..Category: Labour and Industrial Law | Date: | Hits: 160
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
....section 115 of the Code of Civil Procedure is directed against the Judgment and decree dated 30.10.89 passed by the learned Subordinate Judge. 1st Court, Mymensingh in OC Appeal of 1986 affirming the ex parte Judgment and decree dated 11.2.86 passed by the Assistant Judge, 2nd Court Sadar, Mymensing......tion 115 of the Code of Civil Procedure is directed against the Judgment and decree dated 30.10.89 passed by the learned Subordinate Judge. 1st Court, Mymensingh in OC Appeal of 1986 affirming the ex parte Judgment and decree dated 11.2.86 passed by the Assistant Judge, 2nd Court Sadar, Mymensingh i...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...Category: Limitation Law | Date: | Hits: 239
Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)
....wner of C.S. Khatian No.53 containing the aforesaid C.S. plot Nos.533, 678, 667, 630, 954, 973 and 989 in the last settlement record. It is apparent that the last settlement records showing Khadem as exclusive owner in possession of the aforesaid plots of Khatian No.48 and showing ChaÂmoo as exclus......irs of Faloo's two daughters Joytonnessa and Anwara Bibi. 14. The learned Subordinate Judge on 16.5.67 decreed the suit in preliminary form on contest with costs against the defendants 1-10 and ex parte against the rest and declared 1/3rd share of the suit property in favour of the plaintiffs. Be...... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335...Category: Property Law | Date: | Hits: 135
Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)
....or the supply of bunkers on account of the charterer. As such, they prayed for dismissal of the suit and return of the bank guarantee. 4. Both the parties filed their respective documents and also examined witnesses in support of their respective claims and allegations. 5. By an order dated 11......ntee will be discharged and be returned to the concerned bank through the learned Advocate appearing on behalf of the defendant No.1. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 471. ......ceiving the bunkers, the chief engineer of the vessel specifically disclaimed the liability of the owners of the vessel for the supply of bunkers on account of the charterer. As such, they prayed for dismissal of the suit and return of the bank guarantee. 4. Both the parties filed their respectiv..Category: Admiralty Law or Maritime Law | Date: | Hits: 394
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