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Fazlur Rahman Akhond (Md) and five others Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
.... The Government Servants (Discipline and Appeal) Rules, 1976, Rule 8 The Constitution of Bangladesh, 1972, Article 102 The aggrieved persons must come to the writ jurisdiction expeditiously for seeking a summary relief and any explanation causing the delay is not acceptable.......rit petitions were, therefore, rightly rejected, although on different grounds. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 116. ......rt Division challenging their respective orders of dismiss from their respective services following their conviction in either Summary Martial Law Court or Martial Law Court and the said orders of dismissal from service were passed before the Martial Law was withdrawn on 10-11-86. 2. A D..Category: Employment/Service Law | Date: | Hits: 70
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....) The judicial service is a service of the Republic within the meaning of Article 152(1) of the Constitution, but it is a functionally and structurally distinct and separate service from the civil executive and administrative services of the Republic……..76(1) Articles 115, 133 & 136 ......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......blic……..76(1) Articles 115, 133 & 136 The President can create and establish a judicial service and also a judicial magistracy and make rules and also the rules regarding suspension and dismissal etc. These articles and the Service (reorganization and conditions) Act, 1975 have no man..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....tion (5) of section 5 of the Ain it is clear that the provision of Order 9 rule 9 of the Code may be followed by the plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default.……………&hellip......n (5) of section 5 of the Ain it is clear that the provision of Order 9 rule 9 of the Code may be followed by the plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default.………………........ 5 of the Ain it is clear that the provision of Order 9 rule 9 of the Code may be followed by the plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default.………………..(13). Law..Category: Business or Commercial Law | Date: | Hits: 104
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ther she was raped or not and that in compliance with the order of the learned Magistrate, the Resident Medical Officer and the Radiologist and Gynecologist of General Hospital, Narayangonj, after examining the victim submitted their reports on 18-11-97 and 19-11-97 respectively, opining that th......rsquo;clock on 24-3-98 and she could not take steps for representing herself in the High Court Division due to want of time. The appellant has further alleged that the impugned order was passed ex parte without giving her a reasonable opportunity to submit her case. The girl was set at liberty o......ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ..Category: Criminal Law | Date: | Hits: 48
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....the accused persons released; (b) all proceedings in respect of an oil triable under the said Act which at any before the date of commencement of this Act were concluded after the expiry of the specified in section 339C of the said Code shall, notwithstanding such expiry be......ip;…………(7) Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Md Aftab Hossain Advocate-on-Record— For the Petitioner. Ex-parte — Respondent. Criminal Appeal No. 11 of 1995. Judgment ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....bsp; May 26, 1999. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 Order of transfer of a case ex parte without any notice to the parties or without calling for a report of the court concerned ......; May 26, 1999. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 Order of transfer of a case ex parte without any notice to the parties or without calling for a report of the court concerned is ......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ..Category: Criminal Law | Date: | Hits: 59
Pioneer Garments Limited Vs. Md. Abul Kalam Azad and anr, 2000, 29 CLC (AD)
.... worker is a matter of adjudication by the Labour Court and not by the High Court Division…………….(4) Cases Referred To: Senior Manager, Dosta Textile Mills Ltd Ranirhat, Feni and ors vs Sudhansu Bikash Nath 40 DLR(AD) 45. Lawyers Invo...... resulting in loss to the company and he absented himself from his duties without prior permission from the petitioner. Learned Third Labour Court, Dhaka allowed the aforesaid IRO case ex parte by judgment dated 28-3-1988 and directed the petitioner to pay all arrear salaries of respond......ecision of the High Court Division we find no merit in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 45. ..Category: Labour and Industrial Law | Date: | Hits: 138
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
.... Pendency of a suit for specific performance of contract in respect of the premises in which the respondent obtained a decree for ejectment against the petitioner is no ground to stay the title execution case……………………(5) Lawye...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ...... 1998 in the Court of District Judge, Dhaka, against the decree passed in Title Suit No. 228 of 1995, and First Appeal No. 476 of 1998 in the High Court Division against the judgment and decree of dismissal of Title Suit No. 132 of 1995. The respondent filed Title Execution Case No. 2 of 1998 in..Category: Property Law | Date: | Hits: 87
AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)
....n No. 117 of 1993). Judgment: Mustafa Kamal J: The plaintiff-petitioners obtained an ex parte decree against the defendant. respondent against which the respondent filed Miscellaneous ......o. 117 of 1993). Judgment: Mustafa Kamal J: The plaintiff-petitioners obtained an ex parte decree against the defendant. respondent against which the respondent filed Miscellaneous Cas......t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ..Category: Procedural Law | Date: | Hits: 118
Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)
....1992 was tiled in the Court of Artha Rin Adalat and Subordinate Judge, Jamalpur, by the respondent Agrani Bank, Jamalpur, for realisation of its dues of Taka 3 lakh and some odd. The suit was decreed ex parte on 30 August 1993 whereupon the petitioner filed an application under section 151 CPC for s......2 was tiled in the Court of Artha Rin Adalat and Subordinate Judge, Jamalpur, by the respondent Agrani Bank, Jamalpur, for realisation of its dues of Taka 3 lakh and some odd. The suit was decreed ex parte on 30 August 1993 whereupon the petitioner filed an application under section 151 CPC for sett...... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ..Category: Civil Law | Date: | Hits: 120
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
..... 1 filed Election Tribunal Appeal No. 5 of 1993. In spite of several adjournments he did not appear on the date of hearing of the appeal and the appeal was dismissed for default. In revision while exercising the revisional jurisdiction the learned Single Judge by his order dated 18-8-96 rejecte...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ......all the unsigned order of the learned Judge. Thereafter on 20-8-96 the revision was disposed of and the election tribunal appeal was restored to its file and number after setting aside the order of dismissal for default of the appeal subject to payment of Taka 5,000.00 by the appellant to respond..Category: Others | Date: | Hits: 87
Sayeed Farook Rahman Vs. Sessions Judge of the Court of Sessions, Dhaka & other, 1997, 26 CLC (AD)
.... establishment of a Court of Sessions, (2) appointment of a Judge of a Court of Sessions and (3) determination of the place or places where the Court of Sessions shall hold its sitting. This is a flexible power and cannot be restricted to particular situations. We therefore do not find any substa...... substantial point of law which calls for granting of leave for detailed consideration. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 157 ......har Singh and others vs. State, AIR 1988 (SC) 1838. 4. As the complaint is well-founded and the Judgment of the High Court Division is bereft of any reason of its own justifying the summary dismissal of the writ petition, we allowed Mr. Khan Saifur Rahman to argue the two points involved ..Category: Constitutional Law | Date: | Hits: 179
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....of the Chittagong Port on 30 July 1990. On 3 August 1991 while entering into Chittagong Port from the outer anchorage the said vessel collided with Bangladesh Naval Frigate BNS Osman and caused extensive damage thereto. On 14 August 1991 Ministry of Defence of the Government of Bangladesh and......ullah, Advocate on Record-For the Appellants. Sharifuddin Chaklader, Advocate-on-Record- For Respondent Nos. 1 & 2. Nawab Ali, Advocate-on-Record-For Respondent No. 7. Ex parte—Respondent Nos. 3-6, 8. Civil Appeal No. 75 of 1992. (From the Judgment ......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ...... The petitioner who was an Operator in the Foreign Post Office was dismissed from his service with effect from 11-6-88 by an order passed by respondent No. 3. The petitioner challenged his order of dismissal before the Administrative Tribunal in Administrative Tribunal Case No. 44 of 1989 and the..Category: Administrative Law | Date: | Hits: 120
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
.....00 (Taka Twenty Thousand) as recurring compensation per month till the possession was delivered to her. 2. The property in question was declared vested property. The plaintiff obtained an ex parte decree against the appellants and others in Title suit No. 222 of 1976 for declaration tha...... (Taka Twenty Thousand) as recurring compensation per month till the possession was delivered to her. 2. The property in question was declared vested property. The plaintiff obtained an ex parte decree against the appellants and others in Title suit No. 222 of 1976 for declaration that s......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ..Category: Property Law | Date: | Hits: 72
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....fs claimed for emanate from the Civil Court’s decree and are in the nature of ancillary and consequential reliefs arising out of the Civil Court’s decree. The appellant by putting the decree into execution in the Civil Court under the saving clause provided in section 13 of the Administrative Tr......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ......de-V Senior Officer carrying the new scale of pay of Taka 425-1275.00 instead of his proper scale of pay of Taka 1400-2225. He claimed that he sustained a loss of Taka 3.67.039, 86 due to his illegal dismissal from 16-2-79 to 13.8.86 which he also claimed to be paid as his salary and allowances. All..Category: Administrative Law | Date: | Hits: 131
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ...... misconduct following a departmental proceeding. Facts of the case have been set out in the order which is the subject matter of the present review. The petitioner’s challenge to his order of dismissal proved abortive in the Administrative Tribunal whereupon he took an appeal and the Appell..Category: Administrative Law | Date: | Hits: 112
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....f thereof. The plaintiffs wanted to, sell the said portion of the holding and the defendant agreed to purchase the same for Taka 20,000.00. It was agreed between the parties that the plaintiffs would execute the kabala but the defendant would pay the entire consideration after completion of the pend......were with him. His further plea was that the suit was barred by limitation and that the suit was hit by the proviso to section 42 of the Specific Relief Act. 5. The trial Court decreed the suit ex parte. The defendant thereupon preferred Other Class Appeal No. 32 of 1987. The appeal was heard by ...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....and comprising 1.44 acre to the defendant for a consideration of Taka 3000.00 by means of a registered kabala dated 18 Jaistha 1364 BS corresponding to 1 June 1957 and on the same day the defendant executed an agreement for reconveyance in favour of the plaintiff undertaking to reconvey the said ......Abdul Gafur, Advocate-on-Record— For Respondent No. 2 (In both the appeals). Abated Vide Order dated 16-6-92. — For Respondent Nos 18&19 (In both the appeals). Ex parte—Respondent Nos. 1, 3-17 and 20-25 (In both the Appeals). Civil Appeal Nos. 16 &a...... a learned Single Judge of the High Court Division under one judgment dated 21 January 1985. By the said judgment SA 1156 of 1964 was dismissed and SA No. 1095 of 1964 was allowed resulting in the dismissal of the Suit as a whole. 7. The instant appeals CA Nos. 16 and 17 of 1988 are direc..Category: Property Law | Date: | Hits: 60
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
..... Abdullah took lease of the land measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayes......ul Alam Chowdhury, Advocate-on-Record—For the Appellants. Md. Shamsul Alam, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 1. Ex-parte — Respondent Nos. 2 & 3. Civil Appeal No. 63 of 1995. (From the judgm......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
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