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....dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
......
...... decisions cited on behalf of the appellant.
9. In Mahomed Musa and others Vs. Aghore Kumar Ganguli and other AIR 1914 Privy Council page 27 it is held that part performance of a compromise will remedy all formal defects.
10. In N. Qamar Jahan Begum Vs. Ch. Bansi Dhar AIR 1942 Oudh 231 it ..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
.... could be entertained by it. In its opinion the suit did not come within the ambit of section 6 of the Admiralty Court Act. The court also repelled the contention of the plaintiff appellant that alternatively the suit was maintainable in the Admiralty Court under the provisions of the Administr...... Judgment June 9, 1982. Result: The appeal is allowed. Cases Referred to- Hussain Bakhsh Vs. Settlement Commissioner, (1969) 21 DLR (SC) 456=PLD 1970 SC 1; R.P.0' Connor Vs. P.G. Sampath Kumar, A.I.R. 1953 Md 897; Jagannath Prasad Vs. Smt. Chandrawati, AIR 1970 All, ......y claim under final decree for payment has now filed this petition for rejection of the plaint with malafide motive and to make this present suit infructuous and to deprive the plaintiffs of any remedy whatsoever". Further, in their supplementary affidavit-in-opposition the plaintiff-..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149
......t entitled to a relief ex-debito Justitiae and the Court has discretion to refuse remedy if the matter is not a simple one…..(12)
Rectification of share register
Petitioners prayed for rectification of the share register maintained by the respondent No. 1 by declaring the same as i......sed.
Companies Act (VII of 1913); Section 38
In a proceeding under Section 38 the Petitioner is not entitled to a relief ex-debito Justitiae and the Court has discretion to refuse remedy if the matter is not a simple one…..(12)
Rectification of share register
Pe..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ......litation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Thayammal Vs. Perumal Chetti and another, AIR 1926 Madras 284; Viscount Maugham, Lord Macmillan and Lord Wright Chambers Vs. Chambers and others, AIR 1944 Privy Council 78; Venkatach......itional District judge for recovery of khas possession of the properties which, according to him, were trust properties. The learned Additional District Judge, however, directed the plaintiff to seek remedy in a proper forum. Thereafter the instant suit was filed for the following reliefs:- ..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Md. Reazul Karim Vs. Mst. Shirin Begum, 1982, 11 CLC (HCD)
....n case on 11.4.78 while the kabala Ext. A which was sought to be preempted was registered on 17.12.77. 3. The present petitioner who was O.P. No.1 pleaded the case to be barred by limitation and alternatively stated that he had purchased.19 land from the original owner Kalipada by Ext. A(I) whi......lip;………………Respondent Judgment March 7, 1982. Result: The Rule is made absolute. Lawyers Involved: Mian Aftabuddin Ahmed—For the Petitioner Md. Anser Ali with Basiruddin Miah—For the Opposite parties. Civi......adjudication in the light of the observation made above. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 250 ..Category: Property Law, Tenancy Law | Date: 7 Mar, 1982 | Hits: 2
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......ion (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment January 2......dent-Government was fully aware that on the day the Rule was issued we purposely refrained from issuing an order of mandatory injunction only with a view to afford an opportunity to the Government to remedy the wrong and to undo the mischief that they had done to the petitioner for no fault of his o..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)
.... two options are open the authority should consider both--There should be something on record to show that the authority duly applied its mind and exercised its descretion in favour of one of the two alternatives--The papers on record no where indicate that the authorities applied their mind to the ......sion (Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Salehuddin Khan..................................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: Th......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120 ..Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2
Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)
....the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7. ...... Neerala Tea Estate & another……………………………………Petitioners Vs. Bangladesh Tea Board & ors………………………………&...... ejectment shall lie unless and until the lessor has served on the lessee a notice in writing—. (a) specifying the particular breach complained of; and (b) if the breach is capable of remedy, requiring the lessee to remedy the breach; and the lessee fills, within a reasonab..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)
....nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ......e is made absolute. Lawyers Involved: Hamidul Huq Chowdhury, petitioner No.2 in person, with M.H.A. Sikdar, M.I. Faruqul, A.Y. Masthuzzaman and A.K.M. Nazrul Islam-For the Petitioners. Kazi Shafiuddin, Asstt. Attorney General-For Respondent No.2 Writ Peti......n breach thereof the lesser may re-enter, no suit for ejectment shall lie unless a notice in writing;- (a) specifying the particular breach complained of and (b) if the breach it capable of remedy requiring the lessee to remedy the breach; and the lessee falls, within a reasonable time fro..Category: Property Law | Date: 13 Jan, 1982 | Hits: 2
Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)
....s of service of persons in the service of the Republic either by way of an Act of Parliament or by Rules made by the President Till an Act of Parliament is made the Rule framed by the President as an alternative shall be deemed to be a primary legislation directly made under the Constitution; but on......ellip;........Respondents Judgment December 14, 1981 Result: The Rule is discharged. Cases Referred To- Haji Ghulam Zamin Vs. A.B. Khondker, PLD 1965 Dac 156; Municipal Corporation of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs....... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1
Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)
.... observation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ...... Abdul Wadud Chowdhury J Sultan Hossain Khan CJ Syed Abdul Aziz……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others……Respondents Judgment November 18, 1981. Re......5 & 6) Premature application for appeal can not be maintainable There is an appeal pending before the authorities against the order of dismissal & since an appeal is pending being a remedy available under statutory rules this application under article 102 of the constitution is pre..Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2
Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)
....time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42. ......ul Islam J Badrul Haider Chowdhury J Bazlur Rahman Bhuiyan……………………………Appellants Vs. Bangladesh Shipping Corporation…………….Respondent Judgment November 12, ......n accepted by the Corporation form Madina Shipping Company. by way of bank guarantee. The court, however, by Order No. 52 dated 13-5-81 dismissed the review petition on the ground that "when the remedy is available in the form of appeal before the higher appropriate court, I do not find any leg..Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0
Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)
.... precedents of different jurisdictions reinforce my conclusion I have made on the scope of judicial review available to the High Court Division under Article 102(5). 26. Now remains the two alternative grounds urged in support of the judicial review of the Order of the Court Martial in the......t September 22, 1981. Result: The Petitions are dismissed. Constitution of Bangladesh (1972); Art. 102 (2) (b); Art. 45 & 102 Scope of Enquiry and Interference in Habeas Corpus— Writ - Habeas Corpus--Court Martial- High Court Division has no jurisdiction ......ght within ambit of the special legislation and measures relating to the maintenance of discipline. Along with it, if thee Army Act is taken into consideration, especially Section 131, providing remedy within the Military organisation against the finding and sentence of a Court Martial, and Sec..Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2
....1.7.80 was done without lawful authority.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 34
......, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dacca...........Respondents
Judgment
July 23, 1981.
Result:
The Rule is made absolute.
Passport Act (XXXIV of 1920), ss.3, 4, 5--Bangladesh Passport Order (P.O. 9 of 1973), Arts. 7 A 11--Passp......s for the grant of a writ of this nature are that it must be preceded by a demand of justice and the refusal thereof and that there should be no other equally expeditious, inexpensive and efficacious remedy available to the person seeking this extraordinary remedy.
In the case of Dacca National..
Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1
Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)
.... a sum of 2% of the price of the undelivered stores as agreed liquidated damages and as such the plaintiff cannot recover from the bank any sum in excess of this stipulated liquidated damages. In the alternative, the learned Advocate submits that, at any rate, the contractor has performed 82% of the...... Present: Ranadhir Sen J Md. Altaf Hossain J Pubali Bank…………………….. Appellant Vs. Bangladesh Agricultural Development Corporation and another………Respondents Judgment June 30, 1981 Resu...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17. ..Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2
M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)
....at on the date when the learned Senior Advocate was engaged, the petitioner knew that the learned Senior Advocate will not be able to appear on that date and as such the petitioner ought to have made alternative arrangement in view of the fact that the case was fixed for that date. The application f..................Opposite Parties Judgment March 10, 1981. Result: The rule is made absolute. Lawyers Involved: Md. Nurul Huq with A.B.M. Khairul Huq, Md. Mahabub Alam—For the Petitioner. Abdur Rab-II—For the Opposite Party. Civil Revision No. 325 of 1......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ..Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1
Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)
....implication….. (15) Constitution of Bangladesh (1972), Art, 102(2) Alternative remedy / Writ When the impugned action is without jurisdiction, the question of availing statutory alternative remedy does not arise…………. (25) Lawyers Involved: ......hellip;….Respondent Judgment January 22, 1981 Result: The appeal is dismissed Urban Immovable Property Tax Rules, 1957, Rule 10 Rule 10 gives power to amend or alter the valuation only in cases where assessment is yet to be completed and tax is payable. It ......nnot be given unless such effect is given to it in the statute itself, either expressly or by necessary implication….. (15) Constitution of Bangladesh (1972), Art, 102(2) Alternative remedy / Writ When the impugned action is without jurisdiction, the question of availing statut..Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0
Abul Hashem @ Abul Hasem Talukder Vs. Administrator of Waqfs & others, 1981, 10 CLC (HCD)
....ree to move the learned Munsif in O.C. Suit No. 5/77 to proceed with the disposal of the temporary injunction matter and the suit. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 63 ......sion (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem @ Abul Hasem talukder……………….Petitioner Vs. Administrator of Waqfs & others…………………..Opposite parties ......s in a position to hand over charge. 7. Mr. Habibur Rahman, learned Advocate for the opposite party No.2, submits that the petitioner's own conduct in this regard disentitles him to the remedy of an appeal. He submits that the petitioner at first preferred a writ petition against the o..Category: Trust/Waqf Law | Date: 13 Jan, 1981 | Hits: 1
Chairman, D.I.T. & Another Vs. Chairman, 2nd Laour Courts & Another, 1981, 10 CLC (AD)
....our Court are set aside, and the petition before the Labour Court dismissed. There will be no Order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 462 ......llowed. Terms and conditions of the employees of Dacca Improvement Trust are regulated by Town Improvement Act and rules framed thereunder— Dacca Improvement Trust is not a commercial or indurstrial establishment and its employees are not workers within the meanting of Employment of ......tablishment the respondent does not come within the meaning of 'worker' given in this definition. Since he can not invoke the provisions of Section 25 of the Standing Orders Act the remedy under Section 34 of the Industrial Relations Ordinance, 1969 is not available. Such..Category: Administrative Law, Labour and Industrial Law | Date: 12 Jan, 1981 | Hits: 0
Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)
....ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140 ......appeal is allowed. Case Referred to- Ram Krisna Dalmia Vs. Justice Tendolkar, AIR 1958 SC 538; Budhan Vs. State of Bihar, AIR 1955 SC 191;Waris Meah Vs. State, PLD 1957 SC 159; Jibendra Kishors Acharya Chowdhury Vs. Province of East Pakistan, PLD 1957 SC 9;Kunnothat Thathunni MoopilNair Vs......the Minister is not bound to give his reasons for refusing to exercise his discretion in a particular manner, but when, as here, the circumstances indicate genuine complaint for which tie appropriate remedy is provided, if the Minister in the case in question so directs, he would not escape from the..Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6
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