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Harun-or-Rashid and others Vs. Quyum Khan and others, 1998, 27 CLC (HCD)
....he impugned order dated 20-6-96 passed by the Senior Assistant Judge, Jamalpur in Other Class Execution Case No.10 of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......of 1990 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 150.......petent to re-open the closed chapter by reviving a finally disposed of case under the garb of amendment. If the plaintiff-petitioners are aggrieved in any way due to their own mistakes, they may seek remedy in an appropriate forum, if so advised, but they are not certainly entitled to get a remedy u..Category: Property Law | Date: 12 Jul, 1998 | Hits: 31
Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
....as been started against him to unnecessarily harass him and to damage his reputation in his profession and there is no other forum except this Hon'ble Court for anticipatory bail and finding no other alternative to save his dignity, reputation, prestige and life he had surrendered before this Court ...... The Rules are discharged. Cases Referred to- Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Habibul Islam Bhuiyan with Raziur Rahman Chowdhry, Advocates ‑ For the Petitioners (In Criminal Miscellaneous Case No.1554 of 1998). Alam Al‑Mustafizur Rahma...... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
Nurunnahar Begum and others Vs. Government of Bangladesh, Dhaka and another, 1997, 26 CLC (HCD)
....the 'kha' list of abandoned buildings is violative of their aforesaid fundamental right petitioners' application under Article 102 of the Constitution is maintainable though they did not avail of the alternative remedy by going to the Court of Settlement constituted under Ordinance No.LIV of 1985. ...... AK Badrul Huq J Nurunnahar Begum and others………………………………Petitioners Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Ramna, Dhaka and another……………………………Respondents ......st of abandoned buildings is violative of their aforesaid fundamental right petitioners' application under Article 102 of the Constitution is maintainable though they did not avail of the alternative remedy by going to the Court of Settlement constituted under Ordinance No.LIV of 1985. 9. In the ..Category: Property Law | Date: 24 Jun, 1997 | Hits: 22
Bangladesh Air Service (Pvt) Ltd. Vs. British Airways PLC., 1997, 26 CLC (AD)
....ted from the on this question of public policy but those are unnecessary for the primary point in issue in the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 187. ...... May 8, 1997. Result: The appeal is not allowed. Cases Referred to- MA Chowdhury Vs. Mitsui OSK Lines Ltd. 22 DLR (SC) 334; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141, especially upon paragraphs 17, 18, 23 and 25; Mount Albert......ticing Explanation 3(b) to section 44A of the Code of Civil Procedure upheld the contention of the appellant but observed that in case of success in getting an award, the appellant may pursue their remedy under section 26 of the Arbitration Act, 1950 and may pray for costs for having to file proc..Category: Contract Law | Date: 8 May, 1997 | Hits: 267
Syeda Chand Sultana and others Vs. Government of Bangladesh, 1996, 25 CLC (HCD)
....en lawfully included in the list of abandoned building published in the Gazette notification on 23‑9‑86…………………………(15) Invocation of writ jurisdiction even when efficacious alternative remedy is available Even though there is an efficacious alternative remedy, the very......al Jurisdiction) Present: KM Hasan J Md. Fazul Haque J Syeda Chand Sultana and others.......................Petitioners Vs. Government of Bangladesh, represented by the Ministry of Works, Secretariat Building Ramna, Dhaka and others............Respondents Judgment June 16, 19......included in the list of abandoned building published in the Gazette notification on 23‑9‑86…………………………(15) Invocation of writ jurisdiction even when efficacious alternative remedy is available Even though there is an efficacious alternative remedy, the very fact that t..Category: Property Law | Date: 16 Jun, 1996 | Hits: 32
.... as contemplated in the arbitration clause of the agreement. In the event of failure of the Chief Engineer to appoint an arbitrator or arbitrators in the instant case the respondent had no other alternative but to appoint Mr. Justice Sultan Hossain Khan as their arbitrator and notified the appe......Md. Abdul Karim J
Syed Amirul Islam J
Chief Engineer, Roads & Highways Departments……………………..Appellant
Vs.
M/S Concord Engineer Limited Construction……………………&he......shy;diction and a nullity in the eye of law.
In the facts and circumstances of the case there will be no order as to cost.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 105.
..
Category: Alternative Dispute Resolution | Date: 4 Apr, 1996 | Hits: 10
Jasimuddin (Md.) and 2 Others Vs. Md. Humayun Kabir, 1995, 24 CLC (HCD)
....the matter even in spite of laches of the petitioners to move the Sessions Judge for appropriate relief or even in spite of their submission to the jurisdiction of the learned Magistrate we have no alternative but to quash the proceedings in question. In the result, the Rule is made absolut......d. Humayun Kabir……………………Opposite Party Judgment August 28, 1995. Result: The Rule is made absolute. Lawyers Involved: Md. Shamsul Huda, Advocate ‑ For the Petitioner. Khorshed Alam, Advocate ‑ For the Opposite Party. Criminal Miscella......gs in question. In the result, the Rule is made absolute and proceedings of Petition Case No.253 of 1993 is quashed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 578. ..Category: Procedural Law | Date: 28 Aug, 1995 | Hits: 3
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......ties Judgment September 5, 1994. Case Referred To- Hajee Abdus Sattar Vs. Mahiuddin and others, 6 BCR (AD) 71. Lawyers Involved: MA Rahim with Shamsul Huq and Ismail Gazi, Advocate-For the Petitioners. Mihir Kanti Majumder with Nehid Yesmin, Advocates-For the Opposite Parties. ....... In view of the proposition of law as enunciated by the Appellate Division in the aforesaid decision, the opposite parties must surrender possession to the petitioners firstly and then they may seek remedy to establish their title in the property by subsequent purchase from a different co‑owner. ..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
MA Malik Vs. State, 1994, 23 CLC (HCD)
....al, the operation of this order remains stayed for a week and the prosecution must see that in the mean time the petitioner is not arrested. Ed. This Case is also Referred to: 48 DLR (1996) 18. ......, 1994. Cases Referred To- Md. Zakir Hossain Khan and others Vs. the State, 18 DLR 67; 42 DLR (AD) 223. Lawyers Involved: Kazi Shahadat Hossain with Md. Amirul Islam Mondal, Advocates ‑For the Petitioner. Amirul Kabir Chowdhury Deputy Attorney‑General with Syed Abu Kowser, Advocat......il is granted, and in the case reported in 42 DLR (AD) 223 their Lordships have held that it is not correct to say that once a petition for bail is rejected no further application can be made and the remedy lies only in an appeal. We cannot but therefore agree with Mr. Hossain that the instant appli..Category: Women and Children | Date: 28 Aug, 1994 | Hits: 97
Sadaruddin Ahmed Chisty Vs. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....8.12.93, so far it relates to the aforesaid two books, is set aside. As regards other six books; the order of 8.12.93 is hereby sustained. Ed. This Case is also Reported in: 48 DLR (1996) 39. ......68 of 1994) Judgment August 16, 1994. Cases Referred to- Md. Khair Ahmed Vs. Bangladesh 40 DLR 359; Bangladesh Anjuman-e-Ahmedia Vs. Secretary, Ministry of Home Affairs, 1993 BLD 45; The Working Muslim Mission and Literary Trust, Lahore and the Civil and Military Gazette, Limited, Lahore......eventive action so that the author or the publisher of the book does not continue to commit the offence and under the scheme of law forfeiture is provided under the Code of Criminal Procedure and the remedy against the forfeiture having being provided under section 99B of the Code of Criminal Proced..Category: Others | Date: 16 Aug, 1994 | Hits: 134
Sirajul Islam Vs. Helana Begum and others, 1994, 23 CLC (HCD)
....for the Purposes of adjudication of these matters follows as a necessary corollary therefrom. The mere fact the a neglected wife has been hesitant in promptly coming to the Court or has been pursuing alternative remedies out of Court cannot in all fairness, be so construed as to deprive her of the r............Petitioner Vs. Helana Begum and others........................Opposite Parties Judgment July 27, 1994. Cases Referred to- Ganhar Vs. Mrs. Ghulam Fating and another PLD 1984 Lahore, 124; Mrs. Parveen Chowdhmry Vs. 6th Senior Civil Judge, Ist Class, Karachi PLD 1976, 416; Sarde......usband fails to maintain his wife adequately, or where there are more wives than one, fails to maintain them equitably, the wife, or all or any of the wives may in addition to seeking any other legal remedy available apply to the Chairman who shall constitute an Arbitration Council to determine the ..Category: Family Law | Date: 27 Jul, 1994 | Hits: 196
....fairs as its convener and the Joint Secretary of Ministry of Establishment and/or Secretary from the Ministry of Law and Justice and the Director of Public Service Commission as Members, there was no alternative for the respondents but to send the matter to the President for approval according to la......dent's Secretariat...........Respondents
Judgment
April 28, 1994.
Result:
The Rule is disposed of.
Lawyers Involved:
SS Halder with Rabindra Ghose, Advocates‑For the Petitioner.
Mashuque Hossain Ahmed with Abdul Mannan Bhuiyan, Assistant Attorneys‑Gene...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....oved as a result of such proceedings, or until the suspension is withdrawn or until a new Chairman is elected for the Union Parishad. (2) .......................................... 9. Three alternative circumstances provide the occasion for the government to exercise the power of suspensio......r……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..................... Petitioner Vs. Md. Lokman Patwari ............Respondent [ In Civil Petition for Leave to Appeal No. 478 of 1993] Judgment April 19, 1994. Result: The appeal......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
.... it would permit a new case to be made out on a distinct cause of action. But conversion of a suit for specific performance of contract into one for damages for breach of contract or amendment in the alternative for refund of earnest money or in a suit for exclusive title, amendment for alternative ......ade absolute. Cases Referred to- 54 CWN 445; AIR 1964 Cal 439; 13 DLR 871; 1994 BLT (AD) 4; AIR 1922 PC 249; AIR 1964 (Cal) 57. Lawyers Involved: Abdus Salam Khan, Advocate—For the Petitioner GH Afrin with Syed AB Mahmudul Hoque, Advocates—For the Opposite Partie......ts within two months from the date of receipt of this order by the trial Court, in default the application shall stand rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 273 ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
.... certified copy of the decree before the executing court after its correction.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 199
......arties
Judgment
February 24, 1994.
Result:
The Rule is made absolute.
Cases Referred to-
22 DLR 130 (Province of East Pakistan Vs. His Highness Maharaja Kirti Bikram Kishore Deve Barman Manikya Bahadur; 29 DLR 81 (Ibrahim Sk. and others Vs. Janab Sk. alias Janab Ali Sk.......it is not in conformity with the judgment. Here, in this case the decree is in full conformity with the judgment. If anything is to be done for variance of the judgment as submitted by Dr. Zahir, his remedy lies either in a petition for review of the judgment or in appeal. The trial Court cannot cor..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Bangladesh Environmental Lawyers' Association Vs. Election Commission & others, 1994, 23 CLC (HCD)
....s alleged by the petitioner. In that view of the matter, this Rule is disposed of without any order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 235 ......p;………………Respondents Judgment January 27, 1994. Result: This Rule is disposed of. Lawyers Involved: Dr. AKM Ali, Advocate—For the Petitioner Aminul Hoque, Attorney‑General, with AF Hassan Arif, DAG—For the Stat...... for the alleged environmental pollution the election should not be postponded. 10. Mr. KS Nabi, the learned Advocate has submitted that if there be any breach of law and rule, there is specific remedy under the law and on that ground the ensuing election should not be postponed. 11. As th..Category: Constitutional Law | Date: 27 Jan, 1994 | Hits: 3
....y letter dated 11.7.68 requested the Chief Commercial Manager (Claims) of defendant No. 2 to enquire about the matter and arrange delivery of the goods but without any reply and then finding no other alternative the plaintiff served a legal notice upon the defendant No. 2 on 5.10.68 but without any ...... to it by a party is similar to the liability of a bailee. The Railway carries goods delivered to it by a party under a contract and is bound to take such care of the goods as is required of a man of ordinary prudence.
It can limit its liability only by entering into special contract with the p......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
.... the meaning of the President's Order No.16 of 1972 affected petitioner's fundamental right guaranteed under Article 42 of the Constitution. The learned Advocate further submitted that though alternative remedy to go to the Court of Settlement within the period of 108 days from the publicati...... Ebadul Hoque J
Alhaj Mohammad Rahimuddin Bharsha…………………Petitioner
Vs.
Bangladesh represented by the Secretary to the Ministry of Works and another…………………………&hel......g the application before the Court of Settlement had expired before the petitioner learnt, about the inclusion of the disputed property in the list of the abandoned properties and, as such, he has no remedy otherwise than by way of an application under Article 102 of the Constitution; that by letter..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
....ed bales were detected at the time of receiving the same in the ship and noted in the bill of lading but damage in the remaining bales could not be detected due to concealment by the shipper. Another alternative defence was taken by the defendant appellants that the goods were damaged in course of v......ellip;Respondents
Judgment
November 23, 1993
Result:
All the appeals are dismissed.
Cases Referred to-
Lawyers Involved:
Md. Ismail with Md. Omar Farook, Advocates-For the Appellant(In F A Nos. 30, 34, 3 7, and 42 of 1971.
Ahsanul Kabir with Md. Khurshid Alam,......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
.... been in possession of RAJUK It is not denied that some of the persons affected by the scheme filed writ petitions but those relate to the payment of compensation of land, structures and allotment of alternative plots on rehabilitation. It is strongly asserted that the entire lands under LA Case No.......sent:
Habibur Rahman Khan J
Md. Fazlul Karim J
Sadeque Uddin Ahmed & others………………Petitioners
Vs.
Rajdhani Unnayan Kartripakhya (formerly Dhaka Improvement Trust) and others…………………&......rged without any order as to costs.
The order of stay passed earlier is hereby vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 205
..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
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