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Deputy General Manager, Rupali Bank Ltd. Vs. Shah Jalal and others, 1990, 19 CLC (HCD)
....f Labour (Standing Orders) Act. During the hearing of the suit the defendant, however, filed an application praying for dismissal of the suit on the ground that the suit being in the nature of relief exclusively triable by the Administrative Tribunal under the provisions of the Administrative Tribun......decision by the Trial Court on very independent issues without making any piecemeal of them." The Rule is, accordingly, discharged without Ed. This Case is also Reported in: 43 DLR (1991) 193.......r alia, that the suit was barred under sections 19 and 25(b) of the Employment of Labour (Standing Orders) Act. During the hearing of the suit the defendant, however, filed an application praying for dismissal of the suit on the ground that the suit being in the nature of relief exclusively triable ..Category: Employment/Service Law | Date: | Hits: 64
Idris Mia (Md.) Vs. Promode Ranjan Das & others, 1992, 21 CLC (HCD)
....(1), 1(2) 1(3), 1(4), 1(5) and 1(6). 7. On behalf of the pre‑emptors only the pre‑emptor Promode Ranjan Das and on behalf of the pre‑emptees only the contesting pre‑emptee, Idris Mia, were examined. No other witnesses were examined. On behalf of the pre‑emptor Exts. 1‑2(b) were filed ......tion of law I find that the application for pre‑emption has been rightly allowed. The rule is, therefore, disclosed without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 127.......in the absence of any averment to the contrary, will not render the application liable to be dismissed and an omission to record a finding to this affect in such a circumstance cannot be a ground for dismissal of the pre‑emption case. 17. In the written statement filed before the trial Court ..Category: Property Law | Date: | Hits: 72
Budhiswar Biswas Vs. Akbar Ali Sheikh and others, 1990, 19 CLC (HCD)
....nst the defendant‑petitioner alleging, inter alia, that the suit land belonged to Atiar Rahman, the minor son of the plaintiffs, the plaintiff No. 1 took a loan of Tk. 400.00 from the defendant and executed a sale deed in favour of the defendant. It was subsequently settled orally that he would re......nd hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 183.......he facts and circumstances of the case and the evidence of the Court below I hold that the judgments and decrees of the Courts below cannot be sustained and hence those are set aside resulting in the dismissal of the suit. This rule is, accordingly made absolute without any order as to cost. E..Category: Property Law | Date: | Hits: 74
Gura Meah Vs. Hari Pada Parial & others, 1990, 19 CLC (HCD)
....en statement and deposed on commission. On his death defendant No. 2, his full brother, inherited his share. Although defendants were served with summons, they did not appear and the suit was decreed ex parte against the defendants Nos. 1‑3 on May 19, 1971. The present appellant Gura Mia who alleg......statement and deposed on commission. On his death defendant No. 2, his full brother, inherited his share. Although defendants were served with summons, they did not appear and the suit was decreed ex parte against the defendants Nos. 1‑3 on May 19, 1971. The present appellant Gura Mia who alleged ......ubstance in this appeal for what have been discussed above. In the result, the appeal is dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 181...Category: Property Law | Date: | Hits: 69
Chairman, Rural Electrification Board Vs. Md. Awlad Hossain and Others, 2010, 39 CLC (AD)
....package-3 on turn-key basis with steel tower manufactured by Anshan Third Rolling Factory, China; that the inspection team on 20.12.2006 visited M/S DAJI Steel Tower Manufacturing Co. Ltd., China and examined the tower design as approved by BUET in their computer software and found some defects in t......e petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 73, 31 BLD (AD) (2011) 73, 16 BLC (AD) (2000) 111 & 8 LG (AD) (2011) 85. ......ion Board from the salary or other entitlements of the employee and Rule “৪০(১)(খ)(ই)” provides for removal (অপসারণ) from service but “৪০(১)(খ)(ই)”provides for dismissal (বরখাস্ত) from service. In the REB Service Rules, 1990 there is no definitio..Category: Employment/Service Law | Date: | Hits: 175
Zahir Sheikh Vs. Md. Yakub Ali and others, 1990, 19 CLC (HCD)
....that the suit is not maintainable in the present form. From the order it does not appear that the learned Court applied its judicial mind in deciding the question of maintainability of the suit. The next question arises whether the learned Munsif can proceed with and try the suit on the face of the ......ourt of Munsif, Bhaluka proceed with the suit in accordance with law. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 168.......ndant No. 8 filed written statement and the suit was made ready for hearing on 19.9.86 when the plaintiffs filed hazira of 3 witnesses. The contesting defendants filed an unsworn petition praying for dismissal of the suit on the ground of its non‑maintainability alleging that the schedule 2(ka) an..Category: Procedural Law | Date: | Hits: 102
Abdul Kader (Md.) Vs. Md. Abdul Rafi Prodhan and other, 1989, 18 CLC (HCD)
....ffice of Chairman of Nakai Union Parishad under Gobindaganj Upazila. There were 6 Polling Centres. The election initially took place on 10.2.88. On that day, the poll was peaceful in 4 of the centres excluding Darkania FP School Centre and Khuskhusia FP School Centre. Subsequently, the poll took pla......e, I find no substance in this Rule. The Rule is, accordingly, discharged with costs. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 166.......e either in a Government Treasury or in the Reserve Bank of India in favour of the Election Commission itself would not be sufficient compliance with the provisions of section 117 and would involve a dismissal of the petition under section 85 or section 90(3). The above illustration is sufficient to..Category: Election Law | Date: | Hits: 130
Kamaluddin Chowdhury Vs. Mashiudwllah and another, 1990, 19 CLC (HCD)
....in‑ the Court of the Upazila Magistrate, 1st Class, Sitakunda under the District Chittagong should not be quashed u/s 561A Cr.P.C. 2. The petitioner Kainaluddin Chowdhury, Manager of M/s. Jalil Textile Mills Ltd. filed the petition under section 561A of the Code of Criminal Procedure stating, i......e of any person and examining him on oath; (b) compelling the production of documents and material object; (c) issuing orders for the examination of witnesses or documents; (d) delivering ex parte decision in the event of failure of any party to appear before the Court; (3) A Labour Cour......along With a copy of the judgment be transmitted to the learned Magistrate concerned at once to proceed with the case in accordance with law. Ed. This Case is also Reported in: 43 DLR (1991) 137...Category: Criminal Law | Date: | Hits: 69
....y of Agriculture (Inquiry Officer) and respondent No. 4 Mr. Ashraful Huda, Assistant Inspector General of Police, Headquarters, Bangladesh Secretariat, Dhaka to show cause why the impugned charge (Annexure‑D) dated 3.8.89 and the impugned notice (Annexure‑G) dated 2.9.89 issued by respondent No.......r the Administrative Tribunal Act, 1980.
14. Mr. Amir‑ul‑Islam, the learned Advocate for the petitioner refers to the decision in the case of R Vs. Chief Constable of the Merseyside Police, ex parte Calveley and others reported in (1986) 1 All England Law Reports 257 wherein the Court of Appe...... 34 DLR (AD) 173 wherein it was observed by K Hossain, CJ as follows:
"As regards the person holding a civil post, lie gets a constitutional guarantee under Article 135. His protection against his dismissal, or removal or reduction in rank is guaranteed, and no such action can be taken except by ..
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
.... had taken settlement of the land from one of the original recorded tenants Sudhendu Nath Roy Chowdhury in 1960 B.S. and by fraudulent suppression of the summonses and all other processes obtained an ex parte decree on 9.3.63. They alleged that the decree had clouded their title and hence the suit. ......d taken settlement of the land from one of the original recorded tenants Sudhendu Nath Roy Chowdhury in 1960 B.S. and by fraudulent suppression of the summonses and all other processes obtained an ex parte decree on 9.3.63. They alleged that the decree had clouded their title and hence the suit. ......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......ller is not required to decide anything with regard to default in payment of rent. But he has dismissed the Miscellaneous Cases on the ground of default though as a matter of fact the ground for such dismissal has been non‑compliance of the provision of House Rent Ordinance for such deposit. The C..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
.... the Appellant. Rafiqul Huq with ABM Khairul Hoque, Advocates ‑ For the Respondents. Appeal From Original Order No. 75 of 1983. Judgment AM Mahmudur Rahman J.- This appeal is against an ex‑parte decree passed in Title Suit No.467 of 1982 making the Award made by the Arbitrator a rule......Appellant. Rafiqul Huq with ABM Khairul Hoque, Advocates ‑ For the Respondents. Appeal From Original Order No. 75 of 1983. Judgment AM Mahmudur Rahman J.- This appeal is against an ex‑parte decree passed in Title Suit No.467 of 1982 making the Award made by the Arbitrator a rule of t......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....y lac ninety two thousand six hundred eighty and paisa twenty four) only. In the said suit the petitioner-company, as a third party mortgager, was made defendant No.3. Ultimately the suit was decreed ex parte against the borrower and on contest against the petitioner by judgment and decree dated 25.......ac ninety two thousand six hundred eighty and paisa twenty four) only. In the said suit the petitioner-company, as a third party mortgager, was made defendant No.3. Ultimately the suit was decreed ex parte against the borrower and on contest against the petitioner by judgment and decree dated 25.5.2......ill proceed in accordance with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.-I agree. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 80
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....73 of 1992. Judgment KM Hasan J.- This Rule Nisi obtained under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh is directed against an order dated 14.1.1992 (Annexure 'D') passed the Administrator of Waqfs, excluding Tobarak Sikder from the mutwalliship of Al...... sided appraisement of allegations. The Ordinance does not confer on the Administrator, an arbitrary power, to put an end to a mutwalliship, either by suspending or excluding or removing him on an ex parte and one sided view of the management of the estate by the mutwalli. Obviously the Administrato......the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70...Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....te‑party Md. Abdul Mannan, a minor, through his father, filed a suit for permanent injunction against the petitioner No.1 Ajiran Nessa Bewa and her three sons, the other petitioners and obtained an ex parte decree on 28.4.80 restraining the petitioners from permanently entering into the scheduled ......party Md. Abdul Mannan, a minor, through his father, filed a suit for permanent injunction against the petitioner No.1 Ajiran Nessa Bewa and her three sons, the other petitioners and obtained an ex parte decree on 28.4.80 restraining the petitioners from permanently entering into the scheduled lan......assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323...Category: Procedural Law | Date: | Hits: 95
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....set aside the same. Sub-rule (3) provides that where the Court confirms or varies the report it shall pass a decree in accordance with the same as confirmed or varied. Rules 16, 17 and 18 provide for examination of parties or their witnesses. Rule 18(2) provides that if the parties do not appear the......al Government Code Vs. Arlidge, 1915 AC 120 (at 138). Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record - For the Appellants. Ex-parte - Respondent Nos.5 & 6. Civil Appeal No.85 of 1981 Arising out of C.P.S.L.A. No.188 of 1......any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ..Category: Procedural Law | Date: | Hits: 72
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
....position that late Khan Bahadur Sadeq Khan who was the owner of the property described in the schedules ‘A’, ‘B’, ‘C’ and ‘D’ in 16 annas share and owner of schedule ‘DI’ to the extent of 8 annas share and they further admitted that the late Khan Bahadur Sadeq Khan died leavi......dules 'A' & 'B' property although he had admittedly and according to the preliminary decree 3/5th share therein. 5. The learned Judge by his order dated 10.7.75 passed the final decrees ex parte in accordance with the Advocate Commissioner's report and making the said report part of the ...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..Category: Procedural Law | Date: | Hits: 80
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....w it is well settled that once a tenant is found to be a defaulter, he is liable to be evicted. 10. The tenancy agreement between the parties stipulated payment of rent within the 7th day of the next month. It is found by all the Courts below that the rent for the month of July, 1982, was sent t......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..Category: Tenancy Law | Date: | Hits: 210
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....o repair the damaged portion of the plaintiff’s Tanker at the cost of the defendant. But afterwards he did not keep the commitment, rather brought a counter-claim against the plaintiff on false pretext. 4. On 8.1.1988 the Master-in-charge of the plaintiff’s Tanker T-1049 lodged G.D. with the ......n statement up till 28.11.1991 when the learned Advocate Mr. Md. Fazlul Hoque withdrawn from the suit on the grounds that his client has taken back the file from him. Later this suit was fixed for ex parte disposal after service of N-10 notice to the plaintiff as none appeared on behalf of the defen......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....ivil Revision No. 2910 of 2003 and obtained Rule. 3. The fact of the case of the plaintiff-respondent-petitioner is that while the defendant No.2 Samala Bibi, wife of Safaruddin, was the owner in exclusive possession of 0.35 acres of land within the Suit C.S. Plot No.517, corresponding to R.S. P......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......ct Judge, Narayangonj who by his judgment dated 31.3.2003, allowed the appeal dismissing the suit after reversing the judgment and decree passed by the Trial Court decreeing the suit. As against such dismissal, the plaintiff-respondent preferred the instant Civil Revision No. 2910 of 2003 and obtain..Category: Property Law | Date: | Hits: 74
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