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Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....is true that the proceeding was started on the basis of the conviction of the respondent in the summary Martial Law Court but nevertheless, it was an independent enquiry in which the respondent had examined several witnesses in his defence. Neither of the Tribunal has found any fault with the enqu......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610....... Harika, AIR 1966 SC 1313 which as been quoted in Ram Bilas Paswan Vs. Union of India (Cal) (1991) 16 Administrative Tribunal Cases 18 which reads as follows: "The mere passing of an order of dismissal is not effective unless it is published and communicated to the officer concerned. An ord..Category: Administrative Law | Date: | Hits: 144
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
....um Store Keeper under BADC. While posted at Bhola Kheyaghet fertilizer godown, he was implicated in Bhola RS Case No.1 dated 7 October 1974 which gave rise to special case No. 8 of 1977 before the ex-officio Special Judge, Bakergonj. The learned Special Judge convicted him under section 409...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ...... (2) (a) of the Constitution of the Peoples Republic of Bangladesh for a declaration that the said Memo dated 18 May 1986 refusing to reinstate him in service on setting aside the Order of his dismissal from service made on 29 March 1984 was without lawful authority. A direction was als..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....stituted by the appellant under Order IX rule 9 C.P.C. for Restoration of Title Suit No. 19 of 1991, dismissed for default on March 30, 1991. 2. Defendant-respondents on March 6, 1984 got an ex parte decree in Title Suit No. 784 of 1978 against the appellant, of declaration of their title ......tuted by the appellant under Order IX rule 9 C.P.C. for Restoration of Title Suit No. 19 of 1991, dismissed for default on March 30, 1991. 2. Defendant-respondents on March 6, 1984 got an ex parte decree in Title Suit No. 784 of 1978 against the appellant, of declaration of their title to ...... not been communicated to the plaintiff, they had no knowledge of such transfer as a result the plaintiff failed to take proper step in the suit when it was called on for hearing resulting its dismissal for default. 4. The respondents contested the said a written objection t the plai..Category: Procedural Law | Date: | Hits: 87
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579....... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......arges and the respondent was dismissed from his service. His departmental appeal having been rejected the respondent filed Administrative Tribunal Case No.27 of 1988 for a declaration that the said dismissal order is illegal, void and not binding upon him. 3. The Administrative Tribunal found t..Category: Administrative Law | Date: | Hits: 105
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....Division by the impugned judgment and order held that since the Managing Committee of the appellant-society was an Ad hoc Committee, appointed by the Registrar of the Co-Operative Society in exercise of his authority under section 23 of the Co-operative Society Ordinance, 1984, shortly &l......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......are as follows:- Respondent No.1, Abdul Khaleque, former Secretary of the appellant's Society, was dismissed from service by an Ad hoc Managing Committee of the Society. He challenged the order of dismissal in the aforesaid writ petition on a number of grounds including a ground of malafide and ..Category: Others | Date: | Hits: 224
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....sued earlier. 2. The short fact leading to these petitions is that Ibrahim Shah Waqf Estate was earlier enrolled under E.G. NO. 3543 by an order dated 7.7.1981, Administrator of Waqf in exercise of power under section 51 of the Waqf Ordinance appointed appellant and three others namel......an application under section 115 of the Code of Civil procedure. Mr. Wahhab Miah further submits that the affect of dismissal of the appeal in default is one though not merit. But it is an ex parte dismissal of the appeal itself. And in such a situation provisions of Order 41 Rule 19 ......ound. They alleged that after transfer of the appeals from Rajshahi to Nowgaon they have been prosecuting the appeals by engaging lawyers but their lawyers did not take necessary steps which led to dismissal of the appeals and they came to know of the dismissal in November 1996 for the first time..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....ment May 20, 1997. Result: The appeal is allowed. A finding of fact, whether concurrent or not, arrived at by the lower appellate court is binding on the High Court, as a revisional court except in certain well-defined exceptional circumstances, such as non-consideration or misreading of......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......urt concurrently found that the plaintiffs had never been in possession of the suit land. In such circumstances the suit was not maintainable. On this ground alone the plaintiffs' suit was liable for dismissal. 13. Considering the above facts and circumstances we are constrained to hold that th..Category: Procedural Law | Date: | Hits: 36
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....e suit property in favour of the plaintiff on 13.09.1993 and that on receipt of the advance money of Tk. 3,80,000/- out of the fixed consideration amount of Tk. 4,55,000/- the defendant No.1 after execution of the agreement for sale delivered the possession of the suit property to the plaintiff ...... The trial Court on consideration of the materials and evidences on record and the submissions of the learned Advocates of the contesting parties decreed the suit against the defendant No.1 and ex parte against the rest directing the defendant No.1 to execute and register the required sale deed...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ..Category: Property Law | Date: | Hits: 34
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....property is a notified forest land as per gazette Notification 3125/F.O.R dated 13.4.55. 5. On the date of hearing of the suit those defendants having failed to appear, the suit was decreed ex parte on 9.9.67. On 1.9.70, the appellant and the plaintiff respondents instituted Title Su......perty is a notified forest land as per gazette Notification 3125/F.O.R dated 13.4.55. 5. On the date of hearing of the suit those defendants having failed to appear, the suit was decreed ex parte on 9.9.67. On 1.9.70, the appellant and the plaintiff respondents instituted Title Suit ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....f late Raizuddin in equal shares. Sheikh Nazimuddin died leaving behind one son, Abdur Rahman and one daughter, Amirjan. Plaintiffs are the heirs and successors of Abdus Salam who inherited to the extent of the other half of the suit land. The suit was ultimately decreed in preliminary and ......ppellants is that Ful Meher Bibi was married more than forty years back and since then she had been residing at her husband's house. But the plaintiff respondents fraudulently obtained the ex parte decree in question showing service of summons upon her by hanging at her paternal house inste...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ..Category: Property Law | Date: | Hits: 26
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
.... For such order this Court gave the following reasons: "The High Court Division, in our opinion, has not committed any error of law which calls for interference except that the relief as to 'arrear salary' was uncalled for as there was no such prayer in the s......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ...... the Bangladesh Bank, was dismissed from service by an order dated 5 October 1976. He brought Title Suit No. 487 of 1977 in the first court of Assistant Judge, Khulna challenging the order of dismissal etc. but lost. His appeal therefrom, Title Appeal No. 210 of 1984 also met the same fate...Category: Employment/Service Law | Date: | Hits: 83
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....be heard as to such of the allegations as are not admitted and documentary evidence relevant or material in regard to the charge shall be considered. The accused shall be entitled to cross-examine the witnesses against him, to give evidence in person and to have such witness called for ......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......decision of this appeal turns on the point whether the proceeding against respondent No.1, Md. Mofazzal Hossain, a Senior Principal Officer of the Janata Bank was held legally and the order of his dismissal was made by the competent authority as contemplated in regulation 28 of the Janata B..Category: Employment/Service Law | Date: | Hits: 70
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....laintiff- the People's Republic of Bangladesh - respondent instituted O.C. Suit No. 102 of 1973 against defendant No. 1, Md. Shamsul Huda and defendant No. 2 Benode Lai Roy for declaration that the ex parte decree passed in O.C. Suit No. 35 of 1969 for specific performance of contract and the dee......ntiff- the People's Republic of Bangladesh - respondent instituted O.C. Suit No. 102 of 1973 against defendant No. 1, Md. Shamsul Huda and defendant No. 2 Benode Lai Roy for declaration that the ex parte decree passed in O.C. Suit No. 35 of 1969 for specific performance of contract and the deed o......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..Category: Property Law | Date: | Hits: 23
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....9 passed by a Division Bench of the High Court Division in Writ Petition No. 112 of 1999 making the rule absolute and declaring the dismissal order of the writ respondent No. 1 dated 7.11.1990 (Annexure-G) and the appellate order dated 23.7.1998 (annexure-I) to have been made without lawful auth......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......peal is directed against the judgment and order dated 5.8.1999 passed by a Division Bench of the High Court Division in Writ Petition No. 112 of 1999 making the rule absolute and declaring the dismissal order of the writ respondent No. 1 dated 7.11.1990 (Annexure-G) and the appellate order d..Category: Employment/Service Law | Date: | Hits: 105
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....hat Syed Siddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co-sharer tenants. The wife and sons executed a power of attorney in favour of Syed Amzad Hossain who is also a son of Syed Siddique Ho......uently, when the attorney failed to execute and register a kabala in favour of the pre-emptee appellant she brought O. S. No. 9 of 1975 for specific performance of on tract and obtained an ex parte decree which was executed and a kabala was registered with respect to the disputed land ......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ..Category: Property Law | Date: | Hits: 35
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....three defendants had also acquired, along with him, the remaining 8 annas share. The basis of their shares was slated to be a settlement in the year 1354 B.S., corresponding to 1948 A.D., from the ex-landlords, namely proforma defendants Nos. 4 to 55 and others as stated above. In the said parti......he Appellants. Mohammad Ayub, Advocate-on-Record—For the Respondent No. 1. Ramesh Chandra Maitra, Advocate-on-Record -For the Respondents Nos. 2(a) to 3(c) and 4. Ex-parte—For the Respondents Nos. 5-70. Civil Appeal No. 3 of 1984. (From the Judg...... Judgment November 4, 1985. Partition suit All co-sharers must be impleded as parties in a suit for partition. Failure to implead any co-sharer shall render the suit liable for dismissal on the ground of maintainability….(6) When the stranger's property is inc..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....y Md. Nurul Huq, Advocate-on-Record—For the Respondent Nos.1 & 2 (In both the appeals). Ex-parte—For the Respondents Nos. 3 and 4 (In both the appeals) Substitution is exempted vide order dated 29-4-85—for the Respondent Nos. 5 and 6 (dead) Civil Appeal ...... S.M. Hussain, Senior Advocate (A. B. M. Khairul Huq, Advocate with him), instructed by Md. Nurul Huq, Advocate-on-Record—For the Respondent Nos.1 & 2 (In both the appeals). Ex-parte—For the Respondents Nos. 3 and 4 (In both the appeals) Substitution is exempted ......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ..Category: Property Law | Date: | Hits: 35
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....of 1885), Section 3 (17) ‘Bargadar’ ‘adhiar’ are not tenants but they can become Tenants when they are admitted as tenants by the landlords evidenced by any document executed by him or executed in his behalf, or if he has been held as a tenant by a Civil Court&hell......ur, Advocate-on-Record—For the Respondent Nos. 2 to 5. A.W. Bhuiyan, Additional Attorney General, instructed by A W. Mallik, Advocate-on Record—For the Respondent No. 9. Ex parte —For the Respondent Nos. 1(a) to 1(g), 7 to 8, 10 to 18, 20, 21(a) to 21(f), 22 to 32, ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....on 32 (3) The Limitation Act, 1908 (Act No. IX of 1908), section 14 read with section 29 (2) Time available under section 32 (3) of the Waqf Ordinance, 1962, which is a special law, having long existed, the respondent might invoke provision of section 14 of the Limitation Act for excluding the......e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184.......dings in wrong forum. But the appellant being found negligent in prosecuting the other proceedings is not entitled to the benefit of section 14 of the Limitation Act. Remedy against the order of dismissal under Order XLVII rule 7(2) of the Waqf Ordinance might be sought before the District Judg..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....of 1908), section 28 Under section 28(2), no party to a registered deed is entitled to question validity of the registration on the ground that the property under the deed as either did not exist or it was fictitious………………..(5) The persons......dvocate, instructed by M.G. Bhuiyan, Advocate-on-Record-For the Appellant. Shaheed Alam, Advocate, instructed by Md Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Ex-parte—For the Respondent Nos. 2(a) to 2(j) & 3-4. Civil Appeal No. 154 of 1983. ......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ..Category: Property Law | Date: | Hits: 36
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