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Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
.... and that it is not a civil Court having jurisdiction of a general nature; (c) that there being no provision in the Adalat Act for moving the High Court Division against an interlocutory order and no alternative forum having been provided for speedy, efficacious and complete relief to the party aggr......ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ..Category: Banking Law | Date: | Hits: 168
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....ree and not its original decree. But how these two sections, 151 and 152, can be taken as synonymous? Section 151 simply confirms the Court's inherent power and this power cannot be exercised where alternative remedies, such as remedies by way of appeal, revision or review are available. An appl......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Secretary, Min of Ind., Nationalised Industries Division Vs. Saleh Ahmed & anr, 1994, 23 CLC (AD)
....t;to do that which is required by law to do." 12. In the result, therefore, both the petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 148 ......etition for implementation of this decision and sought a direction in the nature of mandamus directing the respondents to do which is required by law to do. The High Court Division has granted this prayer and no exception can be taken. Lastly, a half-hearted argument was advanced as to the compet..Category: Constitutional Law | Date: | Hits: 157
Chairman, Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 1994, 23 CLC (AD)
....e public? The writ petition itself was misconceived. For all the above reasons the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 145. ......the impugned Memo dated 29.7.92 requesting the formation of an ad‑hoc Committee with a view to constituting a regular Committee under Regulation 20(1), the writ petitioner filed a title suit with a prayer for injunction which was refused and the appeal therefrom was also dismissed. Thereafter the ..Category: Property Law | Date: | Hits: 86
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....ourt will not hesitate to act." In the case reported in 41 DLR 190, my learned brother Mustafa Kamal J as his Lordship then was observed that the defendant would not be allowed to introduce an alternative and completely different kind of defence both in terms of content and form which will ha......of Mira Bazar, Haji Abdus Khaleque of Shibgonj and Abdul Matin of Kazi Tala and the defendant reconstructed the damaged building premises at the cost of Taka 1,75,000.00. 5. Plaintiffs opposed the prayer for amendment of the written statement on the grounds firstly, that after close of plaintiffs..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ......ion'." 8. By a notice dated 27 August 1987 the enquiry committee asked the plaintiff to give his reply to the charges within seven days. The plaintiff received the notice on 31 August 1987. On his prayer he was permitted on 15 September 1987 to examine the records. The plaintiff examined the reco..Category: Employment/Service Law | Date: | Hits: 101
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ......er 1991 defendant No. 9 filed a cross-objection under Order 41 rule 22 of the Code. In that appeal defendant No, 5 was not made a respondent. On 17 December 1991 the High Court Division allowed his prayer for being added as a respondent. On that date defendant No. 5 filed an application for treat..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....r the period prior to the arbitrator entering upon the reference. This is the principle of section 34 CPC and there is no reason to hold otherwise in the case of an arbitrator. An arbitration is an alternative form of resolution of disputes between parties and, as such, the arbitrator must have p......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Syed A Jalil Vs. Mahbub Alam (Babul) and others, 1994, 23 CLC (AD)
.... of competent witnesses including the Presiding Officers concerned should be recorded. With these observations this petition is dismissed. This case is also reported in: 46 DLR (AD) (1994) 96 ......iled on 2 May 1992 no evidence could be recorded mainly because of the adjournments taken by respondent petitioner. Hearing of the case was to be held on 16 February 1993, but on this petitioner's prayer the hearing was first adjourned to 29.3.93 and then to 26.4.93. On the last mentioned occasi..Category: Election Law | Date: | Hits: 119
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ......passed by a Division Bench of the High Court Division in revision summarily rejecting his petition and refusing to interfere with the order of the learned Subordinate Judge, Moulvibazar rejecting his prayer for return of the plaint under Order 7 rule 10 of the Code of Civil Procedure in Money Suit N..Category: Procedural Law | Date: | Hits: 91
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
.... read sections 439 and 439A together and hold that the powers and jurisdiction given to die Sessions Judge under section 439A and the High Court Division under section 439 arc concurrent, equal or alternative, in view of sub‑section (4) of section 439, the High Court Division had been expr......er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....ction 561A was quite maintainable. In this connection this Court, however, referred to the limited scope of section 561 A and observed that this inherent power is neither an additional power nor an alternative power of the Court, that this power is to be exercised very sparingly keeping itself wi......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....quire the case land of the petitioners and requested the Additional Deputy Commissioner to annul all actions taken in this regard and that if the requiring body still insisted on acquisition of land, alternative sites should be selected. In spite of the aforesaid decision of the Government the Deput......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....A person deprived of the use of money to which he is legitimately entitled has a right to be compensated for the deprivation, call it by any name interest, compensation or damage; an arbitrator is an alternative form of resolution of disputes between parties; if so, he must have the power to decide ......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
....no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ......gh Court were justified in granting temporary injunction during the pendency of the first appeal in the High Court Division, arising from a suit which was only for declaration of title without any prayer for consequential relief. 2. Facts are that Respondents 1, 2 and 20 filed OC Su..Category: Property Law | Date: | Hits: 61
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......eing to his retirement or refusing his application as being not permissible under the law they said that he was released from service at his request. It is apparent that the petitioner did not make a prayer for release. So the release order whatever may have been intended by it by the Corporation sp..Category: Employment/Service Law | Date: | Hits: 126
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......es the petitioner to apply for relief (d) as follows: "(d). An order for payment of the loan or any other sum relating thereto" which the petitioner prayed for in prayer (b) of the plaint and the petitioner also prayed for payment of a higher amount if the excha..Category: Banking Law | Date: | Hits: 125
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....as that the President got power under Article 133 of the Constitution to make rules to determine seniority with retrospective effect. Maintainability of these writ petitions was also challenged as an alternative remedy was available by way of an application to the Administrative Tribunal having excl......e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ..Category: Employment/Service Law | Date: | Hits: 97
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......zur Rahman of her own accord. She is presently staying since 13.9.92 with her cider sister whose husband, Yunus, is also an accused in the case. The Chief Metropolitan Magistrate, Dhaka refused the prayer of the appellant for custody of his daughter and put her in the jimma of her elder sister by ..Category: Criminal Law | Date: | Hits: 68
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......ptor respondents made an application for return of the original application on the ground that the Second Court of Subordinate Judge, Chittagong, had no territorial jurisdiction in the matter. The prayer was allowed by order dated 27-1-1992. Thereafter, by endorsement dated 2-2-1992 the original..Category: Property Law | Date: | Hits: 68
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