Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Wednesday, August 23, 2017 11:33:15 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Valuation of suits in service matter suits and/or recovery of arrear salaries therein

By
21st-Jan-2017       Readers ( 403 )   0 Comments
Comments
Share your thought
Post a comment »
Read all (0) »

Md Mukhlesur Rahman :
It is our study that the laws relating to valuation of suits and payment of court fees in various types of suits of this country, i.e. the Suit Valuation Act, 1887 and the Court-fees Act, 1870, are very much technical, complicated and intricate. Besides, so far our study, there are no direct provisions respecting ascertainment of value of suits in respect of several varieties of suits for establishing various types of rights in service matters which are to be filed in civil courts. For that reason, numerous types of practices/traditions had been, even somewhere has been, followed in the country. For the said reasons, it had been being practiced in our country that the suit for declaration that the plaintiff's suspension/dismissal from service, and/or suit for mandatory injunction for reinstatement him in the service and/or payment of arrear salaries would fall u/s. 7 para (i) or (iii) of Court-fees Act and thereby plaintiff would had to value his suit at an amount as per his salary's basic's last year's (i.e. 12 month's) total amount's 15 times and had to pay an ad valorem court fees upon this value; that is to say the plaintiff, who is distressed due to driven from service, had to pay a huge amount of court-fees for his suit for establishment of his right in the service.
So far our query, we find no judicial pronouncement early to 2008 in our country on this issue; and even we do not know whether there is any foreign authority on this point. But on 5-6-2008, the present Hon'ble Chief Justice of Bangladesh Mr Justice Surendra Kumar Sinha, when he was Judge of the Hon'ble High Court Division of the Supreme Court, gave an authoritative and epoch-making judgment on this issue in the case of Country Director International Bank of Reconstruction and Development vs Ismat Zerin Khan reported in 14 MLR 61, and which decision has already been upheld by the Appellate Division too as reported in 18BLT (AD) 1, and which is a ratio decidendi in the country now.
This decision brought a new age in the field that such suits for establishment any right in service do not fall u/s. 7 para (i), (ii) or (iii) of the Court-fees Act; rather it falls u/s. 7 (iv) (c) of Court-fees Act. Therefore, such categories of suits having no objective standard of valuation, it is the plaintiff's will what will-value his suit. In our little knowledge" and I beg pardon making reference, we may say that in the said judgment his Lordship by his scholar and vivid interpretation clearly showed us what the statutes are in the concerned field and how those should be applied.
Now we may place the very judgments in concise herein bellow:
Plaintiff filed the suit for declaration that non-confirmation of her appointment and termination of her employment is illegal; by amendment she, included prayer for mandatory injection directing the defendants to pay her emoluments.
Upon such amendment the plaintiff valued the suit at Tk, 1,000. Defendants alleged that there  is objective standard of valuation for the relief and the plaintiff is required to pay ad valorem court fees on the basis of her salaries.
The learned Assistant Judge observed that the plaintiff did not pray for any specified amount of salary and the therefore objective standard of valuation was ascertainable for the relief claimed. Held: Plaintiff has sought for some declarations and prayed for mandatory injunction in the declaratory form. The suit does not falls within meaning of suits u/s. 7 para (i) or-(ii); rather it falls u/s. 7 (iv) (c) of Court-fees Act and as such plaintiff, has rightly valued the suit. Because, there is no objective standard of valuation available in the relief claimed.
If any objection is raised as to the payment of court fees, if the suit falls within provisions of para (iv) of Clause (c) of Section 7; the Court should accept the value of the relief stated in the plaint, both for the purposes of court fees as well as for the purposes of determining the jurisdiction of the Court to try the suit, 14 MLR 61, NB. This decision, was upheld  by the Appellate Division as reported in 18 BLT (AD) 1.
The HCD also held that "there is no objective standard of valuation available in the reliefs claimed". The learned advocate for petitioner submits that the HCD committed illegality in holding that there is no objective standard of valuation of the suit having regard to the nature of the prayer sought for recovery of arrear salaries by way of mandatory injunction. Held: The HCD upon correct assessment of the materials on record arrived at a correct decision, 18 BLT (AD) 1.
We may conclude this study saying that his lordship Mr. Justice Surendra Kumar Sinha has brought a remarkable clarification by his aforementioned authority judgment in making valuation in suits for service-matters and thereby opened an easy access to justice for the upset citizens of the Republic.
We do not know whether this ratio decidendi/ precedent has been noticed by and have been being followed in all the courts of the country. But, as per mandate of Article 111 of the Constitution, we must follow this law as declared by the Supreme Court, and thereby shall serve the nation better.
NB. The discussions in this essay relates only to the suits in the civil courts; but the suits which are exclusively triable by the Administrative Tribunals, shall be filed therein and these laws have no application of these provisions in the said Tribunal. However, The Administrative Tribunals Act, 1980 being special law and there being no specific provision for valuation of suits and court fees for suits in the Administrative Tribunals, the provisions of Article 12(viii) of Schedule II to the Court Fees Act shall apply before those Tribunals, and thereby a fixed court fee of Tk. 300 shall have to be paid there.

0 Comments. Share your thoughts also.
Write a comment
Tariff
Add Rate

News Archive

Inside The New Nation

Football »

Brothers taste first win in BPL Football


Brothers Union Club registered their first victory in the Saif Power Battery Bangladesh Premier League Football as they recorded a hard-fought solitary goal victory over Muktijodda Sangsad Krira Chakra held on Tuesday at Bangabandhu National Stadium.The first half of the match saw both the team got several scoring chances but ...

Editorial »

None to oversee and run the Insurance Sector


ACCORDING to the Insurance Development and Regulatory Authority (IDRA) sources, the organisation's top posts are still vacant, meaning - it can neither hold Board Meetings nor take decisions on policyholders and insurers' interest. Thus, the IDRA's validity and functionality come into the fore right away. IDRA has been formed under ...

International »

After Trump`s warning, China jumps to defense of Pakistan


PTI, New Delhi :China today jumped to the defence of its all-weather ally Pakistan in the wake of US President Donald Trump's stern warning to it over providing safe havens to terrorists, claiming that Islamabad is at the frontline of combating terrorism.Donald Trump, in his first prime-time televised address to ...

International »

India's top court bans Islamic instant divorce


Reuters, New Delhi :India's Supreme Court on Tuesday ruled a controversial Muslim instant divorce law unconstitutional, a landmark victory for Muslim women who had long argued that it violated their right to equality.The law allows Muslim men to divorce their wives simply by uttering the word "talaq" three times. Muslim ...

City »

`Japan to continue support for Bangladesh's uplift`


Japan assured that the country would continue its assistance for Bangladesh's development."We would continue to render assistance for the development of Bangladesh," Japanese Ambassador in Dhaka Masato Watanabe said when he paid a farewell call on Prime Minister Sheikh Hasina at her office here on Tuesday morning. After the meeting, ...

Entertainment »

Jacqueline blessed to be a part of A Gentleman and Judwaa 2


Jacqueline Fernandez is certainly on a high with much talked about projects, A Gentleman opposite Sidharth Malhotra and Judwaa 2 opposite Varun Dhawan, releasing back to back. With A Gentleman releasing this Friday and simultaneously stepping into the promotions of her movie, Judwaa 2, it’s an eventful period for Jacqueline ...

Editorial »

High risk in railway travel through flooding zones


A FATAL train accident was narrowly averted in Tangail on Sunday dawn as locals from a nearby mosque stepped in to stop a train only few yards from a bridge partially destroyed by floodwater in the Kalihati Upazila of the district. Driver of the Dhaka-bound Nilsagar Express carrying around 2000 ...

Cricket »

Australia's cricket players (from left) Glenn Maxwell, David Warner and Usman Khawaja playing with a ball during a practice session in Dhaka on Monday. Australia is scheduled to play two Test matches against Bangladesh beginning August 27 in Dhaka.


Entertainment »

Chirodiner Sabina on BTV in Eid


Sabina Yasmin is a living legend in the country’s music arena. For many years her songs inspired us. She has not only rendered patriotic songs but also gave her voice for play-back songs. On the occasion of coming Eid, Bangladesh Television has taken initiative to arrange a solo musical show ...

Entertainment »

Legendary film actor Razzak


Entertainment Desk :Abdur Razzak (1942-2017) was a legendary Bangladeshi actor and film director. He is referred to as Nayak Raj Razzak, a title given by Ahmed Zaman Chowdhury, editor of Chitrali. He got the Independence Day Award in 2015. Razzak was born in Naktala in South Kolkata His parents Akbar ...

City »

BFUJ President Manjurul Ahsan Bulbul, among others, at a programme for collecting relief materials for flood-hit people organised by Rangpur Bibhag Sangbadik Samity at the Jatiya Press Club on Monday.


International »

Trump sends `thoughts and prayers` to US sailors in crash


AFP, Washington :US President Donald Trump late Sunday tweeted his "thoughts and prayers" to the sailors aboard a US destroyer that collided with a tanker near Singapore, leaving 10 missing and five injured."Thoughts & prayers are w/ our @USNavy sailors aboard the #USSJohnSMcCain where search & rescue efforts are underway", ...

Editorial »

River erosion now adds to flood woes


REPEATED environmental disasters seem to take heavy toll on the people of this country this year. Followed by unprecedented off-season heavy rainfall, landslides, flash floods and the ongoing floods again, the newest woe that hits the people is unprecedented river erosions in the north and middle parts of the country. ...

Cricket »

Mominul to replace Mosaddek in 14-member national squad


A day after his omission from the team, top order batsman and most consistent performer in the longer version cricket Mominul Haque was recalled to the Bangladesh's squad on Sunday for the first Test against touring Australia scheduled to begin on August 27 at Sher-e-Bangla National Cricket Stadium (SBNCS) in ...

Entertainment »

I have left everything for films and there is no looking back: Srinidhi Shetty


Miss Supranational 2016 Srinidhi Shetty is an engineer, model and soon to be actress. Srinidhi started her pageant career after she finished her engineering degree from Bengaluru. She then participated in Yamaha Fascino Miss Diva 2016 and Miss Supernational 2016. 2016 has been Srinidhi's reigning year as Miss Supranational and ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news