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Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....sain, the then Chairman of the Managing Committee of the Appellant School, requested him to allow his relation Rehana Yasmin, to appear in the SSC Examination, though she fared very badly in the test examination. In view of a decision of the School Committee the plaintiff could not allow that studen......e Court held that the enquiry committee ought to have, in law and equity, adjourned its proceeding to another date, but the defendants Without fixing another date for enquiry committee obtained an ex parte report from the enquiry committee and dismissed the plaintiff. According to the appellate Cour......e. He challenged the order of suspension by filing the above suit. By an order dated 15 August 1988 he was dismissed from service. After amending the plaint the plaintiff then challenged the order of dismissal. He asserted that the allegations of corruption and misappropriation, made against him, we..Category: Employment/Service Law | Date: | Hits: 101
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....- In all these matters, the question for consideration is whether the Chief Martial Law Administrator, briefly the CMLA, had jurisdiction to convert an order of acquittal into one of conviction in exercise of his power of review under Regulation 3(4) of the Martial Law Regulation No. 1 of 1982 (......2. [In Civil Appeal No. 51 of 19891 M Nurullah, Senior Advocate, Supreme Court, instructed by B. Hossain, Advocate-on-Record -For Respondent No. 4. [In Civil Appeal No. 51 of 1989] Ex-parte-Respondent No. 3. [In Civil Appeal No. 51 of 1989] Shamsul Hoque Chowdhury, Senior Ad......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....l Petition for leave to appeal No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 1981) Where there is no provision for appeal, and where under review the President has extensive power to make any order as he deems fit, a Government servant will be entitled to the reme......e rejection of review were not time‑barred the present appellants cannot be penalised for following the earlier decisions of the Appellate Tribunal. 7. The Appellate Tribunal appeared to have departed from its earlier decision on the ground that the meaning of higher administrative authority w...... provision that the remedy by way of review is to be exhausted or that one is to go to the Tribunal after expiry of six months from the decision made in review. When the President passes the order of dismissal he, being the highest constitutional functionary, cannot be termed or deemed as the higher..Category: Administrative Law | Date: | Hits: 129
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....ly 10, 1983. For the purpose of setting up a coconut oil, coil and other allied industries at Barisal respondent No. 1 was settled with 8.30 acres of Government Khas land and necessary lease deed was executed and registered on November 2, 1962. As respondent No. 1 required some more lands it moved t...... 18, 1983 possession of the said land was handed over to the owner Tarini Kanta Das' Respondent No. 1, thereafter, filed an application before the Joint Secretary of the Ministry for review of the ex parte order dated July 10, 1983. The review petition was contested by Tarini Kanta Das, After findin......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
....972, Article 117(1) The Administrative Tribunals Act, 1980 (Act No. VII of 1981) Section 4 A Tribunal is competent even to vary or modify an order including an order of punishment/sentence in exercise of its powers under section 4 of the Act………………(11) An unblemished record of......f the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ......the sentence which may reduce the hardship. But it can never be considered to be a good exercise of discretion when a person is reinstated in an institution like a bank by way of altering an order of dismissal from service when the authority had decided not to keep him in service apparently because ..Category: Administrative Law | Date: | Hits: 143
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....s reports were widely published as to the cause of damage to naval vessels, the Government, in all fairness ought to have initiated a proceeding against the petitioner and given him an opportunity to explain his case. 4. In his application for additional evidence, the petitioner states that he ca......as retired from service for malafide reasons. 5. It is contended that Rule 14 (5), is a kind of "Henry VIII clause" permitting hiring and firing at will‑is violative of principle of audi alteram partem and is patently discriminatory allowing unrestricted latitude to the Government to pick and c......the service of the Republic. In support of this contention the learned Additional Attorney‑General has placed reliance on Major Hafizur Rahman Vs. Bangladesh 29 DLR 34. 12. This is not a case of dismissal or removal. The order of retirement was passed under Rule 14(5) of the Navy Rules, 1961. ..Category: Employment/Service Law | Date: | Hits: 107
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....ddin, 40 DLR 10 that it is not absolutely essential that a formal application must be filed for condonation of delay though approved by the Appellate Division stressed that it is a rule sanctioned by expediency and established by practice that a separate application is necessary to be filed for cond......ants were defendants in a suit for specific performance of contract, Title Suit No. 120 of 1980, in the 1st Court of Subordinate Judge, Dhaka brought by the respondent and others which was decreed ex parte on 26.1.81 and the decree was drawn up on 13.7.81. Alleging that the summons were fraudulently......Chowdhury Saifuddin Ahmed Vs. Shamsuddin 46 DLR 10 wherein a Division Bench held that it is not absolutely essential that a formal application must be filed as a matter of inflexible rule on pain of dismissal of the main application itself (in that case it was an application under Order IX rule 13 ..Category: Procedural Law | Date: | Hits: 121
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....madpur, Dhaka was the subject matter of an agreement of sale or 7.1.71 between Dr. Sadrul Hasan, the then owner thereof and the petitioner and further claiming that the petitioner obtained an ex parte decree on 11.4.83 in a suit for specific performance of contract, namely, Title Suit No. ......pur, Dhaka was the subject matter of an agreement of sale or 7.1.71 between Dr. Sadrul Hasan, the then owner thereof and the petitioner and further claiming that the petitioner obtained an ex parte decree on 11.4.83 in a suit for specific performance of contract, namely, Title Suit No. 144......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ..Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....before the High Court Division which, after issuing a Rule thereon and hearing the parties dismissed the Writ Petition on the ground that Writ Jurisdiction was not attracted in this case as it was exclusively within the jurisdiction of the Administrative Tribunal, established under the Administr......unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......unal (AT Case No. 350 of 1989) challenging his termination alleging, among other things, that the termination was not a termination simpliciter, but it was a punishment in disguise, such as removal/dismissal from service, without giving him an opportunity to defend himself. The Tribunal after he..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....aring instance where respondent No. 1, which is a very important statutory body in the environmental field and is entrusted with the duty of preserving the environment, emerged as an instrument of exploitation on the behalf of private interests in the garb of "greater public interest and fo......ab Hossain, Advocate-on-Record—For Respondent No. 5. AKM Nurul Islam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent Nos. 2 & 6. Ex parte—Respondent Nos. 3-4. Civil Appeal No. 148 of 2002. (From the judgment ......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....ditor of the Daily Ittefaq while he was a Minister. Since the appellant is no more a Minister, the Rules in the Writ Petitions have become infructuous and as such the Court was reluctant to examine and decide the question whether in view of the provisions of Article 147 (3) of the Constit...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ....... 2746 of 1997 were in accordance with law. It is also stated in the affidavit-in-opposition filed by Mr. Anwar Hossain in Writ Petition No. 3834 of 1999 that since those impugned orders regarding dismissal and appointment of some persons in the company were subsequently withdrawn, Rule in the s..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....aint can be rejected under this rule if the defects mentioned therein are apparent on the face of the plaint. It is true that the grounds set forth in the rule for rejection of the plaint are not exhaustive and the Court has jurisdiction, in proper cases, to reject the plaint on grounds other ......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......inds support in the case of Sk. Md. Junaid and others vs. Turner Morrison & Co Ltd. reported in 26 DLR 111 which reads as under: "Rejection of a plaint is not identical with dismissal of a suit. Rejection under rule 11 does not preclude a fresh suit under rule 13, CPC. Bu..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....llip;……………….Appellant Vs Rana Awan and others......................Respondents Judgment July 25, 2004. In cases of expenditures charged on the Consolidated Fund by Clause (e) of Article 88 of the Constitution, as i......Subordinate Judge (now Joint District Judge) First Court, Dhaka seeking decree for Taka 2,15,374 against the Ministry of Works and its Secretary, the respondent Nos.2 and 3 herein, and obtained ex parte decree. In the above suit the appellant, Bangladesh Bank, was not made a party. Then on the p...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..Category: Civil Law | Date: | Hits: 104
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....in Adalat has no jurisdiction to try the case and on transfer the case was registered as Miscellaneous Case No. 668 of 1998 in the Court of the learned District Judge. The learned District Judge by ex parte order dated 3-6-1999 decreed the claim of BSRS. 3. The respondents on 31-10-1999 f......dalat has no jurisdiction to try the case and on transfer the case was registered as Miscellaneous Case No. 668 of 1998 in the Court of the learned District Judge. The learned District Judge by ex parte order dated 3-6-1999 decreed the claim of BSRS. 3. The respondents on 31-10-1999 filed......ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ..Category: Civil Law | Date: | Hits: 95
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....ited and accordingly, the same was sold in auction to the plaintiff respondent, Messrs Bengal Bricks Limited on 12th May, 1978. The plaintiff-respondent entered into possession of the entire property except the suit land, In the meantime Burmah Eastern was renamed as Padma Oil Company Limited, which......2 then filed a revisional application before the High Court Division which was discharged as the defendant-respondent No. 2 did not contest the suit filed by the plaintiff and the suit was decreed ex parte on 13-10-1993. 5. The petitioner, a third party, after coming to know about the ex parte d......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed...Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....96(2) Objection as to defect of parties is to be taken at the earliest opportunity. The pre-emptees did not supply the names of the persons whose names he put to the pre-emptor during cross-examination in reply to the interrogatory served on him. Thus he was debarred from making such cros......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......arties, that the pre-emptor had knowledge of the sale as the sale took place with his consent and they have developed the case land at a cost of Taka 5,000. Accordingly, the pre-emptees prayed for dismissal of the case. 4. The learned Senior Assistant Judge on consideration of the eviden..Category: Property Law | Date: | Hits: 64
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....a Division Bench of the High Court Division in Writ Petition No. 60 of 2000. 2. The writ petition was filed stating, inter alia, that the petitioners are involved in manufacturing and export of readymade garments and enjoying loan, overdraft and banking facilities from the appellant......nwarranted tendency to grant interim orders with a great potential for public mischief for the mere asking. We feel greatly disturbed. We find it more distressing that such interim orders, often ex parte and non speaking are made even by the High Courts while entertaining writ petitioners under ......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ..Category: Banking Law | Date: | Hits: 121
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....nsaction was not out and out sale but on mortgage with condition to purchase. The respondent No. 2 took a loan of Taka 7,000 from the respondent No. 1 and 3 by mortgaging the case land and in turn executed an Ekrarnama on the same date of kabala dated 28th October, 1979. The value of the land wo...... others 58 CWN 1000; Mozaffar Ahmed Bepari vs Duar Ali and others 1 BLC (AD) 25. Lawyers Involved: Chowdhury Md. Jahangir, Advocate-on-Record— For the Appellants. Ex parte— The Respondent Nos. 1-2. Dispensed with— Respondent Nos. 3-12. C......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 71
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....atory period of three months required by section 80 CPC having not been allowed to the Appellant/added Defendant No. 4 to enable it to submit written statement and ultimately disposing of the suit ex parte. It is evidently wrong and not maintainable in law. In the interest of justice, the case ......ry period of three months required by section 80 CPC having not been allowed to the Appellant/added Defendant No. 4 to enable it to submit written statement and ultimately disposing of the suit ex parte. It is evidently wrong and not maintainable in law. In the interest of justice, the case mus......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....edure before the High Court Division. The High Court Division while issuing Rule passed the impugned order. 4. Leave was granted to consider the submission that the High Court Division in exercise of its jurisdiction under section 498 of the Code of Criminal Procedure has transgressed i...... authority and the submission that the seized goods, subject matter of the offences alleged, cannot be ordered to be released till the conclusion of the proceeding nor such orders can be passed ex parte and the further submission that the High Court Division ought not to have given full relief t......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 57
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