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Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
.... was issued at the instance of the petitioner calling upon the respondents to show cause as to why the decision and order of the Chairman of the Labour Court, Khulna passed in Case No, C9 of 1997 (Annexure-A) should not be declared to have been made without lawful authority and to be of no legal eff......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ...... having used the said blank papers submitted report. The respondent No. 2 Company on the basis of the Enquiry Report dismissed him from service on 15-2-1997. 3. Being aggrieved by the order of dismissal the petitioner sent a grievance petition to the respondent No. 2 employer by registered po..Category: Labour and Industrial Law | Date: | Hits: 108
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....same date. 9. The accused appellant-petitioner for substantiating his contention filed the first information report lodged on 16-7-1992 and the charge-sheet submitted on 28-4-1993 marked as annexures A and B and he also filed passport No. H685251 and fresh passport No. W0854675 as Annexures E......ed to have/been held without the knowledge of the accused and behind his back, the Limitation Act having not provided any special limitation for appeal in case of such trial in absentia as if held ex parte by committing fraud upon the Court by suppressing notice. It would be in consonance with the p......f Additional District Magistrate and it was challenged on appeal before the Court of District Judge. The learned District Judge held the appeal to be barred by limitation and dismissed the same. This dismissal of the appeal as time barred was challenged before the High Court in the case reported on ..Category: Criminal Law | Date: | Hits: 31
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....pital of the company is Taka 10 crore, of which Taka 6 crore is issued, subscribed and paid up capital. On 31-10-1993 the petitioner had purchased 22,000 shares of Taka 100.00 each by means of a duly executed and stamped instrument of transfer. The said shares were sold to petitioner by respondent N......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..Category: Company Law | Date: | Hits: 181
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....er's Building, Agrabad Commercial Area, Chittagong. The learned Subordinate Judge in the said Money Suit decreed the suit for recovery of TK.9,00,000/- on contest against the defendants 2,3 and 6 and exparte against defendant 1, 4 and 5 with costs. The plaintiff was allowed to get an amount of Tk. 9......'s Building, Agrabad Commercial Area, Chittagong. The learned Subordinate Judge in the said Money Suit decreed the suit for recovery of TK.9,00,000/- on contest against the defendants 2,3 and 6 and exparte against defendant 1, 4 and 5 with costs. The plaintiff was allowed to get an amount of Tk. 9,0......mercial Enterprise the judgment-debtor and thereby the instant Money Execution case (M. Ex. 3/86) automatically fails". The appellant (Bangladesh Shipping Corporation) who on these grounds prayed for dismissal of the Money Execution Case No. 3/86, in fact prayed for releasing the property attached b..Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Md. Mahtab Hossain Vs. Bangladesh University of Engineering & Technology, 1987, 16 CLC (HCD)
....esh, 1972. Judgment Mustafa Kamal J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against an office order dated 19.11.86 (Annexure B) passed by the respondent no. 2, the Vice-Chancellor and issued under the signature of the r......s have become infructuous. 22. In the result, the Rule is discharged but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 31.......s laid down hereunder in Statutes 7, 8 and 9." 7. Statute 7 provides for the procedure for holding an enquiry when a delinquent employee is charged with an offence the maximum penalty for which is dismissal. It speaks inter alia of presenting the delinquent with a "charge-sheet".' Statute 8 pr..Category: Criminal Law | Date: | Hits: 74
Zahirul Alam Vs. Manindra Nath Thakur, 1987, 16 CLC (HCD)
....s specific provision under Order 9, rule 9 of the Code of Civil Procedure for restoration of the suit. 4. Heard the learned Advocate and perused the impugned order. The learned Assistant Judge has exercised his discretion and allowed the application under section 151 of the Code which was filed j......nce of seeking the ends of justice. I refrain from interfering with the impugned order. Consequently this application is summarily rejected. Ed. This Case is also Reported in: 40 DLR (1988) 16. ......nd the same was rejected and the suit was dismissed for default. Thereafter, the plaintiff filed an application under Section 151 of the Code of Civil Procedure for setting aside the earlier order of dismissal and for restoration of the suit. The learned Assistant Judge allowed the application under..Category: Procedural Law | Date: | Hits: 111
Chowdhury Saifuddin Ahmed Vs. Shamsuddin & Ors., 1987, 16 CLC (HCD)
....filed by the plaintiff-respondent Nos. 1-8 against the appellant and others as defendants for partition of the partible properties in the 1st Court of Subordinate Judge, Dhaka. The suit was fixed for ex parte hearing on 16.7.80. The appellant being defendant no. 26 was out of the country on a visit ......ed by the plaintiff-respondent Nos. 1-8 against the appellant and others as defendants for partition of the partible properties in the 1st Court of Subordinate Judge, Dhaka. The suit was fixed for ex parte hearing on 16.7.80. The appellant being defendant no. 26 was out of the country on a visit to ......he said provision can be granted". 13. In the case of Mt. Kulsoomun Nissa and another Vs. Noor Mohammad alias Sultan Haider and another, AIR 1936 (Allahabad) 666, Sulaiman, CJ did not approve of a dismissal of appeal as time-barred merely on the ground that the appellant had not made a formal app..Category: Procedural Law | Date: | Hits: 101
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....hows that the defendants entered appearance on 17.5.82 and they were given time to file a written statement many a time until 3.5.83 when the Court fixed 20.6.83 for written statement "in default for ex parte disposal". Thereafter the defendants did not file any written statement nor took any steps ......s that the defendants entered appearance on 17.5.82 and they were given time to file a written statement many a time until 3.5.83 when the Court fixed 20.6.83 for written statement "in default for ex parte disposal". Thereafter the defendants did not file any written statement nor took any steps and......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ..Category: Civil Law | Date: | Hits: 83
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....1 that the matter was referred to their Head office at Karachi for proper instruction. Then again, defendant No.1 requested defendant No.3 for the transfer of the amount but that was not done. It was explained by defendant No.3 that the amount does not belong to defendant No.1 rather it belongs to t......rocedure followed in a Court of Small Causes in all suits cognizable by it and in all proceedings arising out of such suits: Provided that an applicant for an order to set aside a decree passed ex parte or for a review of judgment shall, at the time of presenting his application, either deposit i......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..Category: Banking Law | Date: | Hits: 136
Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)
....are some findings in the Judgment of the Election Tribunal which may be adverse to the appellant of First Miscellaneous Appeal No. 144 of 1997, but the decision given in the judgment is one, which is exactly what the appellant had prayed for, merely, for declaring the election of the returned candid......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......l of the appeal on a preliminary point, the Court hearing the appeal can dismiss it on a preliminary point. As it appears President’s Order 155 of 1972 does not contain any provision for hearing or dismissal of an appeal on a preliminary point. 8. Mr. Abdur Razzaque, learned Advocate appearing ..Category: Election Law | Date: | Hits: 159
Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)
....revision-petitioner who was opposite party No.3 in the election petition, also filed an objection. Pending hearing of the election petition, AHM Khaleque, the returned candidate died and his name was expunged from the election petition by an order dated 25-01-99. But ultimately, none of the opposite......the election petition by an order dated 25-01-99. But ultimately, none of the opposite parties in the election petition contested the election petition and the Election Tribunal dismissed the same ex parte against all by its order dated 14-11-99. The prayer for recount was also rejected. 4. The e......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ..Category: Election Law | Date: | Hits: 79
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
....sons of the plaintiff or disturbing the plaintiff’s peaceful possession of the suit property. In the said suit the plaintiff prayed for an order of temporary injunction which was ultimately allowed ex parte. The defendants then preferred Miscellaneous Appeal No.106 of 1999 before the learned Distr......s of the plaintiff or disturbing the plaintiff’s peaceful possession of the suit property. In the said suit the plaintiff prayed for an order of temporary injunction which was ultimately allowed ex parte. The defendants then preferred Miscellaneous Appeal No.106 of 1999 before the learned District......taking dilatory tactics in the disposal of the matter is it any substance inasmuch as law empowers defendants to file an appeal against the order granting temporary injunction and in the event of the dismissal of the appeal for default law again, permits to apply for re-admission of the appeal order..Category: Procedural Law | Date: | Hits: 86
Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....49 of 1997 in the Court of Artha Rin Adalat, Bogra, for realization of Tk.13,34,503.62/-, being the outstanding loan as of date, due from the judgment debtor-petitioner hereof. The suit was decreed ex-parte on 26.05.1998 in preliminary form and was made final on 03.06.1999 and in order to satisfy ......of 1997 in the Court of Artha Rin Adalat, Bogra, for realization of Tk.13,34,503.62/-, being the outstanding loan as of date, due from the judgment debtor-petitioner hereof. The suit was decreed ex-parte on 26.05.1998 in preliminary form and was made final on 03.06.1999 and in order to satisfy the......ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623...Category: Civil Law | Date: | Hits: 79
Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)
....s.1 and 2 who shall pay the half of the amount and the defendant No.3 shall pay the another half to the plaintiff. 5. The decree holder-bank, that is, the writ respondent No. 2, put the decree for execution. 6. The respondent No.2 filed an application on 06.03.2004 before the Artha Rin Exe...... petitioner filed the writ petition being Writ petition No. 5765 of 2004 before the High Court Division challenging the vires of Section 34 of the Artha Rin Adalat Ain, 2003 (VIII of 2003) and Ex-parte Order No.60 dated 19.07.2004 issuing warrant of arrest against the petitioner in Money Executi....... We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611...Category: Civil Law | Date: | Hits: 77
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....ount of consideration money of Tk. 1,20,000/- and they also handed over the original deed to the plaintiff and also handed over the major portion of the suit land. Thereafter the defendants did not execute the sale deed in time in spite of repeated requests and as such the plaintiff served a legal......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......00/-. Subsequently he deposited the original deed on behalf of the plaintiff as surety of the loan amount. Thereafter he returned back the aforesaid Tk. 30,000/- to the plaintiff. He also claimed for dismissal of the suit etc. 6. The defendant No.1 neither contested the suit through his aforesaid..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
....Division in Civil Revision No.1974 of 2003 making the rule absolute. 2. Petitioner instituted Title Suit No.80 of 1988 in the Court of Senior Assistant Judge, Dumuria, Khulna for setting aside the ex parte decree dated 28th February 1987 of the learned Munsif, 1st Court, Khulna in Title Suit No.5......ision in Civil Revision No.1974 of 2003 making the rule absolute. 2. Petitioner instituted Title Suit No.80 of 1988 in the Court of Senior Assistant Judge, Dumuria, Khulna for setting aside the ex parte decree dated 28th February 1987 of the learned Munsif, 1st Court, Khulna in Title Suit No.537 ...... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587...Category: Limitation Law | Date: | Hits: 149
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....on hinges on answer to the following core question, whether a Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure which was directed for restoration of a suit on setting aside an ex parte decree, dismissed for default can be restored to its file and number on the strength of a M......hinges on answer to the following core question, whether a Miscellaneous Case under Order 9, rule 13 of the Code of Civil Procedure which was directed for restoration of a suit on setting aside an ex parte decree, dismissed for default can be restored to its file and number on the strength of a Misc......of 1987 under Order 9, rule 4 of the Code of Civil Procedure restoring Miscellaneous Case No.4 (A) of 1986 laid under Order 9, rule 13 of the Code to its file and number on setting aside the order of dismissal for default dated 24-2-1987 is under challenge by petitioners in invoking this Court’s C..Category: Procedural Law | Date: | Hits: 83
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....l as in the Election Appeal and he is petitioner in Civil Revision Petition and he will be referred to hereinafter as petitioner. 3. Unsuccessful candidate Md. Atiar Rahman Munshi who secured the next highest votes was petitioner in Election Petition and appellant in Election Appeal and he is the......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275....... the case of opposite party. Documents produced by both parties had been exhibited as exhibits. 13. Election Tribunal by Judgment and order dated 2-8-1999 dismissed Election Petition. In recording dismissal Election Tribunal found that preparation of Electoral Roll and exclusion were matters prio..Category: Election Law | Date: | Hits: 89
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....war of liberation there was a talk of sale of the suit land with the defendant No.1 on 15th Sraban, 1378 BS at a consideration of Taka 6,000.00 and accordingly, the defendant No.1 on of Taka 5,500 00 executed a bainapatra on 20th Sraban, 1378 BS corresponding to 06-08-1991 and delivered physical pos...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262.......ded. Nearly three years later the plaintiff instituted the suit for specific performance of contract. On these facts, when the vendor rescinded after the agreed time, the Madras High Court upheld the dismissal of the suit instituted after the lapse of time that had occurred. This decision has no man..Category: Civil Law | Date: | Hits: 94
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ling upon the respondents Subordinate Judge Court No. 2 and Artha Rin Adalat No. 1 Rangpur and the Manager Uttara Bank, Rangpur Branch, to show cause as to why the impugned judgment and decree passed ex-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not ......g upon the respondents Subordinate Judge Court No. 2 and Artha Rin Adalat No. 1 Rangpur and the Manager Uttara Bank, Rangpur Branch, to show cause as to why the impugned judgment and decree passed ex-parte on 25-10-1990 in Artha Rin Case No. 55 of 1990 and the proceedings of that case should not be ......the purview of section 9 of the Artha Rin Ain, to be tried as an Artha Rin case, it is a mere procedure of trial of a suit. So it can be given retrospective effect. Change in the manner for trial or (dismissal of a litigation, is more a procedural change of law and hence it is protected by General C..Category: Civil Law | Date: | Hits: 93
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