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Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
.... may call for the case and pass such order with respect thereto as it thinks fit." Now the question that falls for decision is whether an order of dismissal of a suit for default is covered by the expression "any case decided" appearing in section 25 of the Act. The word "case decided" shall not ......t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......e ‑ For the Petitioner. Syed Badrul Alam, Advocate ‑ For the Opposite Party. Civil Revision No. 822 of 1985. Judgment AM Mahmudur Rahman J. - This Rule is directed against an order of dismissal of SCC Suit for eviction of the defendant. On the date of peremptory hearing the defendant..Category: Procedural Law | Date: | Hits: 104
....is Case is also Reported in: 43 DLR (1991) 471.
......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
...... Executive thereof. The respondent No. 1 is the Chairman, Labour Court at Chittagong and respondent No. 2 was a worker under the petitioner in the Drawing Department of Mill No. 2, Shift‑B till his dismissal from service by order dated 22.2.83 of the petitioner.
The respondent No. 2 filed Compl..
Category: Labour and Industrial Law | Date: | Hits: 133
Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)
....nking company having head office in Dhaka and branch offices at different places including Amir Market and Khatunganj, Chittagong. Plaintiff forward purchased a consignment of six cases of Synthetic textiles 100% polyester yarn dyed two to one check suiting on payment of valuable consideration from ......from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......parcel of the defendant No. 1 which is the only legal entity. We, therefore, agree with the Court below that the suit is not bad for defect of parties. 14. As regards the cross‑objection against dismissal of plaintiff's claim of Tk. 30,000.00 alleged to have been paid as compensation to one Ruh..Category: Civil Law | Date: | Hits: 83
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....er had reasonable apprehension about his personal safety in the jail and as such he did not appear as directed by the Government and he informed the concerned authority about his whereabouts and also expressed his willingness to appear with the improvement of the law and order situation in the jail ......61A Cr.P.C. and very often compel their lawyers to come up with these petitions with the hope that this Court will go beyond the FIR and the charge sheet and accept the defence version of the case ex parte and quash the criminal proceedings pending against them. 34. In the instant case we have ex......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...Category: Criminal Law | Date: | Hits: 98
Abdul Latif (Md.) and Others Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
....ions are riot maintainable because the petitioners being admittedly civilian employees in the defence services, the Administrative Tribunal constituted under the Administrative Tribunal Act, 1980 has exclusive Jurisdiction to hear and determine the application made by them in respect of any am on ta......opriate on our part to pre‑empt the decision in any manner. The Rules Nisi are, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 446.......No. 451 of 1986 was compulsorily retired from the services of the Military Engineering Services. They both preferred cases before the Administrative Tribunal of Bangladesh challenging their orders of dismissal and compulsory retirement. By separate orders the Administrative Tribunal rejected their c..Category: Administrative Law | Date: | Hits: 187
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....intiff, for a period of 99 years commencing from the 30th day of October, 1962 and pursuant to that agreement and for consideration of Tk. 8,154/‑ paid in full by the plaintiff, the defendant No. 1 executed a proper conveyance deed under caption "Standard lease agreement for land" executed on the ......decree in Title suit No. 276 of 1974 of the 1st Court of Subordinate Judge, Dhaka. The plaintiff filed Misc. Case No. 173 of 1980 in the 1st Court of Subordinate Judge, Dhaka for setting aside the ex parte decree obtained against him by suppressing summons. The decree was ultimately set aside and th......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ..Category: Property Law | Date: | Hits: 87
Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)
....9.12.85 passed by Mr. TK Rudra, Senior Munsif, Sadar, Mymensingh in Miscellaneous Case No.325 of 1981 allowing an application under Order 9 rule 13 of the Code of Civil Procedure and setting aside an ex parte decree dated 29.10.81 passed in Other Suit No.510 of 1981 and restoring the said suit to it......2.85 passed by Mr. TK Rudra, Senior Munsif, Sadar, Mymensingh in Miscellaneous Case No.325 of 1981 allowing an application under Order 9 rule 13 of the Code of Civil Procedure and setting aside an ex parte decree dated 29.10.81 passed in Other Suit No.510 of 1981 and restoring the said suit to its f...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ..Category: Procedural Law | Date: | Hits: 94
Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)
....is Case is also Reported in: 45 DLR (HCD) (1993) 159. ...... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ...... report holding him guilty of the charge. Thereafter he received a letter dated 29.5.84 by which he was dismissed from service with effect from 13.4.84 for misconduct. On receipt of the said order of dismissal he submitted grievance petition on 9.6.84 by registered post requesting the petitioner to ..Category: Labour and Industrial Law | Date: | Hits: 120
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....he High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears to have exercised jurisdiction resulting in an error in the decision occasioning failure of justice." The...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ......tatement but with no result. During the pendency of the suit the Assistant General Manager of the Janata Bank by his letter dated 3.11.86 dismissed the plaintiff from service. The subsequent order of dismissal dated 3.11.86 was also challenged by way of making a prayer for amendment of the plaint wh..Category: Administrative Law | Date: | Hits: 189
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....efendant No. 1 entered into a written agreement with the plaintiff to sell the suit property at a consideration of Tk. 43,000.00 and received the sum of Tk. 3,00,000.00 as earnest money on 15.7.82 on executing the said agreement; that in pursuance of the said agreement the defendant No. 1 applied to......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..Category: Civil Law | Date: | Hits: 92
Md. Abul Hashem alias Bachhu Vs. Abdul Latif, 2009, 38 CLC (HCD)
....ht and title in the suit land described in the schedule of the plaint stating, inter alia, that they are the owners in possession of the suit land by way of settlement from the original zamindar upon executing a registered kabuliyat dated 24.11.1943 and since then, they have been owning and possessi......itle and hence the suit. 3. The defendant having been duly served the notice of summons neither appeared nor contested the suit whereupon the learned Munsif after several adjournments passed an ex parte decree dated 29.12.1982 in title Suit No.370 of 1982. 4. On 15.03.1983 the opposite parties......rder 9 Rule 13 of the Code of Civil Procedure are set aside and the ex parte decree dated 29.12.1982 is upheld. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 441, 8LG (2011) HCD 305. ..Category: Property Law | Date: | Hits: 82
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....s permission, taking with her their child as well as jewellery and other material belongings. Thereafter, she sent him her divorce on 18.12.2004. The respondent further claimed in his plaint that his ex-wife left the child with her mother while roaming around. He also came to know that she had gone ......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......ned Assistant Judge, 5th Additional Assistant Judge Court, Dhaka rejected the instant petitioner’s application for dismissing the execution case. The instant petitioner challenged the said order of dismissal by way of Family Appeal No.30 of 2010 before the Court of learned District Judge, Dhaka, w..Category: Family Law | Date: | Hits: 327
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....resent suit is not maintainable. Clause (d) of rule 11 of Order 7 of the Code empowers the Court to reject a plaintiff, on the face of statements made in the plaint, the suit is barred by any law. In exercising this power the Court can look into the statements of the plaint only. It cannot consider ......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ...... served with the summons the said defendant entered appearance and filed a written statement contending, inter alia, that the suit was barred by res judicata. He also filed an application praying for dismissal of the suit on that count. The application came up for hearing on 28.6.86. On that day the..Category: Property Law | Date: | Hits: 80
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....ourt Suit No. 5 of 1987 in the same Court prior to the aforesaid suit filed by the petitioner wherein she prayed for a declaration that the matrimonial relation between her and the petitioner did not exist and there was matrimonial separation between them. 3. The case of the petitioner as stated ......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......two revisions before this Court I do not agree with the submission. If the family Court had either decreed or dismissed any of the suits then that would give rise to two appeals against the decree or dismissal before the District Judge and thereby necessitating two revisions before this Court. In th..Category: Family Law | Date: | Hits: 230
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
....f release under section 167(7) of the Code of Criminal Procedure. 5. Mr. AKM Zahirul Huq, the learned Advocate appearing for the State submits that the time for completion of the investigation was extended by the learned Magistrate and also by the learned Sessions Judge and the police report was ......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......lace after cognizance is taken and process is issued against a person. Both these Chapters have been altogether repealed by the recent Amendment of the Code of Criminal Procedure. But provision as to dismissal of a complaint under section 203 has remained unaltered. 'Dismissal' takes place where no ..Category: Criminal Law | Date: | Hits: 66
.... of Bangladesh, respondent No. 2 Md. Ashraful Alam Siddique (Worker) and respondent No. 3 Factory‑ in‑Charge of the petitioner company to show cause as to why the impugned order dated 14.2.90 (Annexure‑H) passed in Complaint Case No. 239 of 1985 or the 1st Labour Court, Dhaka should not be dec......ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......e judgment of the Labour Court, the evidence recorded by the Labour Court by the domestic enquiry committee, enquiry report dated 24.7.85 of Mr. MM Islam, Chairman, Enquiry Committee and the order of dismissal of the worker dated 25.7.85 passed by Mr. Amirul Islam Laskar, Managing Director of the Co..
Category: Employment/Service Law | Date: | Hits: 89
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....Petitioner‑Opposite Party. Civil Revision No. 485 of 1987. Judgment DM Ansaruddin Ahmed J.- This is an application by opposite party respondent‑plaintiff for vacating the judgment passed ex parte on 13.02.90 making absolute the Rule issued in Civil Revision No.485 of 1987 and for re‑h......itioner‑Opposite Party. Civil Revision No. 485 of 1987. Judgment DM Ansaruddin Ahmed J.- This is an application by opposite party respondent‑plaintiff for vacating the judgment passed ex parte on 13.02.90 making absolute the Rule issued in Civil Revision No.485 of 1987 and for re‑hear......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ..Category: Procedural Law | Date: | Hits: 73
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....sessed by one Srimati Bimala Banik and her five sons who took Taka 925 as loan from one Kailash Chandra Banik and secured the said loan by mortgaging her property including the suit property and also executed a registered Tamsuk in favour of said Kailash Chandra Banik. Plaintiffs further stated in t......ng and two houses of two C I sheet. The defendant No.1 prayed for dismissal of the suit. 4. Trial Court on 23-5-1991 fixed the suit for hearing but on 26-6-1991 the same was heard and decreed ex-parte in default of the defendant No.1 to appear before the Trial Court. Against the ex-parte decree......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ..Category: Property Law | Date: | Hits: 75
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
....part. There was a second appeal being No. 172 of 1961 to the High Court but the same was dismissed. Thereafter one Jasimuddin Pramanik, predecessor of Opposite Parties 1‑4, filed an application for execution of the decree. The petitioners filed an application objecting to the execution of the decr......with costs and the order dated 27.3.73 is set aside and the miscellaneous case under section 47 of the Code of Civil Procedure is restored. Ed. This Case is also Reported in: 43 DLR (1991) 207. ......site parties 1‑4 are not the heirs of late Hakimuddin and they are third party strangers; that some of the judgment debtors who were minors have not been represented in the execution case; that the dismissal of the said Misc. Case without any hearing was wholly wrong and illegal and that by such d..Category: Procedural Law | Date: | Hits: 83
Abdul Awal Mia (Md.) Vs. Sonali Bank & others, 1990, 19 CLC (HCD)
.... (4) operations for taking and keeping the cash in the iron safe. The Manager gave vague replies and asked the defendant No. 1 not to bother about the duplicate keys and be verbally told on false pretext that the duplicate keys were lying in the Bhairab branch of the bank. As a matter of fact the de......sideration of the facts and circumstances of the case and evidence on record the learned Subordinate Judge decreed the suit on contest with cost against the defendant Nos. 1 and 3 respectively and ex parte against defendant No. 2 with direction that the plaintiff would get a decree for Tk. 19050.12 ......nd decree of the learned Subordinate Judge are set aside and the suit is dismissed on contest against the added defendant No. 3 without cost. Ed. This Case is also Reported in: 43 DLR (1991) 201...Category: Civil Law | Date: | Hits: 82
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