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Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... land measuring 63 decimals from the defendants for a consideration of Tk. 10,000.00 (taka ten thousand) only on 9.9.78. Subsequently, on scrutiny, it transpired that the defendants were owner to the extent of 1/4th share only of the suit land. Accordingly, it was found that the plaintiff s kabala s......d as D.W. 1. The learned trial Court after examination of the witnesses and hearing arguments by his judgment and decree dated 31.12.79 dismissed the suit on contest against the defendant No.2 and ex parte against the rest, without cost. In the trial stage it was pleaded that the suit was hit by sec...... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ..Category: Civil Law | Date: | Hits: 76
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....ioner. Fokrul Islam, Assistant Attorney General ‑ For the Respondents. Writ Petition No.470 of 1987. Judgment Syed Fazle Ahmed J.- At the instance of the petitioner Moulvi Gholam Moula, ex‑Pesh Imam, Sweden Bangladesh Polytechnical Institute, Kaptai, Chittagong Hill Tracts, a Rule Ni......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......rges. Thereafter, on enquiry, charge framed was found to be true and genuine and the petitioner was dismissed from service on 6.11.84 with effect from 6.3.83 the Respondent No.2. The true copy of the dismissal order is put in as Annexure 'B'. 5. Petitioner being aggrieved by the said order of dis..Category: Administrative Law | Date: | Hits: 164
Faisal Mahbub Vs. Bangladesh, 1992, 21 CLC (HCD)
....n in pursuance of an order bearing No. 6993 Sha: Ma (Nira‑3) dated 5.11.91 passed by the Government under section 3(1) (a) of the Speed Powers Act detaining the detenu for 120 days from 5.11.91 (Annexure A to the petition). The grounds of detention were furnished on 19.11.91 within the statutory p......Mymensingh District Jail, Mymensingh for compliance through special messenger at the costs and risk of the petitioner, as prayed for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 168. ......e detenu am not proper grounds of detention. 4. The respondents filed an affidavit‑in-opposition controverting the material allegations made in the petition and contending that in spite of his dismissal from the Cabinet the detenu tried his best to get a portfolio in the cabinet of Jatiya Par..Category: Criminal Law | Date: | Hits: 81
Bangladesh Public Service Commission and another Vs. Maloti Rani Mondol, 2011, 40 CLC (AD)
....c Service Commission and served there to the satisfaction of all concerned. All on a sudden the authority placed her under suspension on 20.02.2007 and served a show cause notice upon her asking to explain as to why appropriate punishment should not be awarded to her for taking illegal gratifica......e to appeal is liable to be dismissed. In the circumstances the Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 609, 17 MLR (AD) (2012) 104.......t and order dated 20.01.2009 passed by the learned Member, Administrative Tribunal No. 1, Dhaka, in A.T. Case No. 171 of 2007. The respondent filed the above A.T. Case No. 171 of 2009 challenging her dismissal order from service. Her case, in short, was that she joined the service as typist under ..Category: Administrative Law | Date: | Hits: 210
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
....endant and the defendant contracted to sell the suit land to the plaintiff at a consideration of Tk. 25,000/- and according to that contract the defendant, on taking the entire consideration money, executed the kabala deed in respect of the suit land in favour of the plaintiff on 15.10.1998. But o......But this argument also of the petitioner is not acceptable at all. The High Court Division, in its judgment, has made it clear that the suit for specific performance of contract was once decreed ex-parte and that decree was put into execution and as per the order of the executing court the deed in....... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ..Category: Property Law | Date: | Hits: 74
Modares Miah Vs. The Chairman, 1st Labour Court and another, 1991, 20 CLC (HCD)
....cate to the respondent No. 2. The Manager, Prince Iron and Steel Industries upon receipt of such reply terminated the service of the petitioner straightaway by letter dated 8.8.85 by saying- "Your explanation dated 27 July, 1995 has not been found acceptable. You had been a habitual absentee. You......legal effect and the petitioner be re‑instated at once. 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) 165. ......costs. The Labour Court in its Judgment observed: "that the termination letter Ext. 1 it appears that it is not a case of termination simpliciter but termination with a stigma which tantamounts to dismissal from service as laid down in section 18 of the said Act, which provides for enquiry in suc..Category: Labour and Industrial Law | Date: | Hits: 148
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
....reversing the judgment and decree dated 31.10-1998 passed by learned Assistant Judge, Upazila Motlab, District Chandpur, decreeing Title Suit No.25 of 1987 against the contesting defendants Ito 4 and ex-parte against the rest. 2. The short fact relevant for the purpose of disposal of this Rule is......ersing the judgment and decree dated 31.10-1998 passed by learned Assistant Judge, Upazila Motlab, District Chandpur, decreeing Title Suit No.25 of 1987 against the contesting defendants Ito 4 and ex-parte against the rest. 2. The short fact relevant for the purpose of disposal of this Rule is th......put them in possession and since then the contesting defendants are possessing the said Kabala lands as described in schedule ‘Ga’ to the plaint. Accordingly, the contesting defendants prayed for dismissal of the suit. 5. The learned trial Court on consideration of the evidence on record decr..Category: Property Law | Date: | Hits: 65
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
....15 of 1996. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 12-96 passed by the Senior Assistant Judge, Narshingdi in Miscellaneous Case No.24 of 1994 setting aside the ex-parte judgment and decree dated 14-11-94 passed in Title Suit No.108 of 1988. By this impugned or......of 1996. Judgment Gour Gopal Saha J.- This Rule calls in question the order dated 12-96 passed by the Senior Assistant Judge, Narshingdi in Miscellaneous Case No.24 of 1994 setting aside the ex-parte judgment and decree dated 14-11-94 passed in Title Suit No.108 of 1988. By this impugned order......sses and the contesting defendants also examined 3 witnesses in support of their respective cases. The learned Senior Assistant Judge by his impugned judgment dismissed the suit. Against the order of dismissal, the plaintiffs preferred an appeal before District Judge, Narshingdi being Title Appeal N..Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....ties contested the suit by filing a written statement denying the material allegations made in the plaint. The defendants' case as it appears from the counter affidavits is that the suit land was the excess khash land of the Shariatulla Waqf Estate which on being surrendered under the provisions of ......ring on 28.7.92 on which date both the parties filed hazira but when the suit was called on for hearing, the learned GP was found absent and then the learned Subordinate Judge took up the suit for ex parte hearing and examined the plaintiff as P.W.1 and on the basis of the deposition of P.W.1, the l......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ..Category: Property Law | Date: | Hits: 68
.... respondents to show cause, why the impugned order contained in Memo No. SM/SS-1/E-19/92-44 dated 1-2-94 issued by respondent. No. 2 and communicated under Letter No. SS/S-11/896(1) dated 11-4-94 (Annexure “I”) arising out of an order contained in notification No.S-IXIE-38/84-515 dated 18-6-84 (......without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......r orders. Accordingly, the petitioner joined his new post on 2-6-84.
4. While the petitioner was serving as Private Secretary to the Minister for Labour and Manpower he was served with an order of dismissal on 18-6-84 issued by respondent No.2 i.e. Secretary, Ministry of Social Welfare and commun..
Category: Employment/Service Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
....Respondents. Writ Petition No.406 of 1987. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause why the order of dismissal dated 3.2.87 (Annexure G) should not be declaral to have been made without lawful authority and to be of no legal eff......ade without 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: 45 DLR (HCD) (1993) 666. ......shid, Advocate ‑ For the Respondents. Writ Petition No.406 of 1987. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause why the order of dismissal dated 3.2.87 (Annexure G) should not be declaral to have been made without lawful authorit..Category: Employment/Service Law | Date: | Hits: 65
Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)
....in the said Title Suit and as such the court of appeal below took a wrong view that the decree made in the Title Suit No.159 of 1978 is not binding on the pre‑emptor opposite party inasmuch as an ex parte decree is as good as a contested decree. 5. From perusal of the judgments of the courts ......the said Title Suit and as such the court of appeal below took a wrong view that the decree made in the Title Suit No.159 of 1978 is not binding on the pre‑emptor opposite party inasmuch as an ex parte decree is as good as a contested decree. 5. From perusal of the judgments of the courts bel......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658...Category: Property Law | Date: | Hits: 72
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....e land was not correctly given in the said kabala the plaintiffs instituted Title Suit No.149 of 1972 against defendant No.1 Uma Rani Roy for rectification of the said kabala and the same was decreed ex parte; that at the instance of the plaintiffs a criminal case under section 145 Cr.P.C. was start......and was not correctly given in the said kabala the plaintiffs instituted Title Suit No.149 of 1972 against defendant No.1 Uma Rani Roy for rectification of the said kabala and the same was decreed ex parte; that at the instance of the plaintiffs a criminal case under section 145 Cr.P.C. was started ......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656...Category: Property Law | Date: | Hits: 61
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....e learned Advocate has submitted that Artha Rin Adalat committed serious error in rejecting the application for review as the said Adalat is regulated by Civil Procedure Code and that Court being the executing Court can correct its mistake or error which is apparent on the face of the record, and in......5) of section 5 of the Ain we are of the view that provisions of Order IX rule 9 of the Code may be followed by the plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default. 6. In paragraph 17 of the above cited case it h...... of the Ain we are of the view that provisions of Order IX rule 9 of the Code may be followed by the plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default. 6. In paragraph 17 of the above cited case it has been stated ..Category: Administrative Law | Date: | Hits: 200
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
.... letter dated 25‑8‑1975 upon the plaintiff which was received by him on 1‑9‑1975 cancelling the lease/allotment of the suit land declaring it was not an abandoned property and the plaintiff's existing structures were illegal. The letter dated 25‑8‑1975 cancelling the plaintiffs leasehold......lease. The defendant No. 1 acted malafide and without lawful authority in cancelling the lease of the plaintiff and, as such, the plaintiff was compelled to file the suit. 4. The suit was heard ex parte on 20th December, 1975. The suit was dismissed by the trial Court, against which the plaintiff......t did not file written statement the suit was fixed for ex parte disposal on 20‑12‑1975. The plaintiff failed to prove his case and consequently the suit was dismissed. Against the said decree of dismissal, the plaintiff filed First Appeal No. 161 of 1976 before this Court and a Division Bench, ..Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....es of custody warrants of several cases were also sent to this Court for our consideration. On 03.11.92 the detenu was produced before this Court having chains on both legs (Danda‑beri). This Court examined the detenu in person and recorded his statements in open Court. From his physical appearanc......ealt with in accordance with law. It was further directed that in case of failure to give any reply to this Rule, the statement made by the detenu will be taken as true and the case would be heard ex parte and appropriate decision will be taken. The learned Attorney‑General was also directed to ap......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ..Category: Criminal Law | Date: | Hits: 97
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....1. Writ Petition Nos. 207 and 208 of 1986. Judgment Qazi Shafiuddin J.- This Rule Nisi issued in Writ Petition No.207 of 1986 has been directed against the impugned order dated 31.3.1986 (Annexure E) passed by the Respondent No.1 while the Rule in Writ Petition No.208 of 1986 is directed ag......etitioner Mosammat Sabera Begum is that one Bujarat was instituted by the respondent Nos. 2‑3 impleading the petitioner as the second party before the Revenue Authority. The case was disposed of ex parte by order dated 23.6.77 wherein the name of the petitioner in the khatian was directed to be st......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..Category: Property Law | Date: | Hits: 73
Md. Abdul Based Sheikh and others Vs. Md. Jinder Ali Khan and others, 2011, 40 CLC (AD)
....Joint District Judge, 2nd Court, Pabna, dismissing the miscellaneous case. 2. The miscellaneous case was preferred by the defendant Nos. 1-4 of Partition Suit No. 1 of 1996, which has been decreed ex-parte on 30.06.2002. 3. The aforesaid defendants filed the miscellaneous case under Order IX......nt District Judge, 2nd Court, Pabna, dismissing the miscellaneous case. 2. The miscellaneous case was preferred by the defendant Nos. 1-4 of Partition Suit No. 1 of 1996, which has been decreed ex-parte on 30.06.2002. 3. The aforesaid defendants filed the miscellaneous case under Order IX Ru......d to be time barred. In the premises, we do not find any substance in the leave petition. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 515...Category: Procedural Law | Date: | Hits: 66
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
.... dismissal of the plaintiff is not required to be-approved by the Appeal and Arbitration Committee of the Board and the Madrasha Board confirmed the said fact vide its Memo dated 30.10.2007, marked exhibit Cha-1. The order passed by the Appeal and Arbitration Committee of the Madrasha Board in res......ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......and upholding the judgment and decree dated 19.02.2001 passed in Other Class Suit No.34 of 1998 by the Senior Assistant Judge, Sayedpur, Nilphamari, decreeing the suit declaring that the plaintiffs dismissal order passed by the defendant No.2 communicated vide Memo No. 98/5/(7)/(1) dated 05.05.199..Category: Employment/Service Law | Date: | Hits: 55
Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
....etition No.439 of 1986. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause why the Memo No.PSB (Pra) 1st‑11/81‑82/3357 dated 18.5.86 (Annexure ‘F’) issued by the respondent No.2 and communicated by respondent No.3 should not be decla...... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ......egional Manager (Fertilizer) BADC, Barisal by his Memo dated 12.7.86 informed the petitioner that the General Manager (Supply) BADC Dhaka respondent No.2 communicated vide Memo dated 18.5.86 that the dismissal order of the petitioner would subsist and there was no scope to reinstate him until his di..Category: Employment/Service Law | Date: | Hits: 67
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