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....to requisition certain immovable property for a public purpose. Providing accommodation to a government office is no doubt a public purpose. But to justify such an order a case is to be made out that alternative accommodation is not available, and it is essentially required for providing accomm......howdhury J
Mansurul Aziz & Another………………………Appellants
Vs.
Secretary, Ministry Of Land Administration And Land
Reforms & Others…………………………&he......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 75
..
Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2
Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)
....High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ......allowed. Case Referred to- Ram Kinkar Vs. Satya Charan, 66IA 50; Macbeth Vs. Chistell, (1910) AC 220; Grev Vs. Pearson, (1857) 6 H.L Case 61. Lawyers Involved: K.A. Bakr, Attorney General, with Abdul Wadud Bhuiyan, Assistant Attorney General, instructed by B. Hossain, Advoc......ry mortgage." The Transfer of Property Act so far as mortgage of a raiyat holding is concerned is thus displaced. Subsections (4) and (5) provided for less expensive and less time consuming remedy of redemption and/or restoration of possession by means of application before the author..Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5
Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)
....This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78 ......dent Judgment March 5, 1980 Result: The Rule is made absolute. Case Referred to- Abdul Hadi, Managing Partner, Hadi Brothers Vs. EPWAPDA, W.P. No 448 of 1968 (un-reported); Joseph Vilangandoa Vs. Executive Engineer (PWD), AIR 1978 SC 930. Lawyers Involved: ......ith their agreement with respondent No.2. Respondent No. 2 also had liberty not to enter into any other contract with the petitioners in future and for such action of the respondent there was no remedy of the petitioners before this Court exercising its jurisdiction under Article 102 of the Con..Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2
James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)
.... accordingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21 ......wed. Appeal Nos. 46 and 47 of 1978 are disposed of. Case Referred to- General Manager, Hotel Inter-Continental vs. Chairman, Second Labour Court, Dacca, 28 DLR 160; Railway Men's Stores Ltd. vs. Chairman, Labour Court, Chittagong, 30 DLR (SC) 251; Administrator, Omar Sons Ltd. vs.......definition of 'worker', it was found that though such a worker would be unable to seek protection against his dismissal under section 34 of the Ordinance, he would not be without a legal remedy. 25. The point that was established in this decision, that is to say, a worker who has n..Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......Vs. Abdul Malek Khan..........................Respondent Judgment August 23, 1979. Result: The appeal is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the ......ent Judgment August 23, 1979. Result: The appeal is dismissed. Partition Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the right. It could not be said that when a transferee is in p..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
....t any lawful authority and is of no legal effect. There will be no order as to coats.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (1979) 402
......sent:
Shahabuddin Ahmed J
RafiqurRahmaa J
Abdul Hakim………………………....Petitioner
Vs.
Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh………..Respondents
Jud......d also not to disturb the possession of the petitioner and his brothers. But the said representation has been rejected by the impugned order dated 18 4.77 (Annexure-D). The petitioner having no other remedy had then moved this court and obtained the rule.
3. Respondents have filed a joint affid..
Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127
Kazi Ali Noor Vs. Secretary, Ministry of Agriculture and others, 1979, 8 CLC (HCD)
....ch it is violative of the Corporation's Service Regulation. 5. Mr. Hasib has, at the last resort, raised the question of maintainability of the Writ Petition taking the ground that there was alternative remedy against the impugned order by way of appeal which was not, however, availed of by......ed in: 31 DLR (HCD) (1979) 427 ......lative of the Corporation's Service Regulation. 5. Mr. Hasib has, at the last resort, raised the question of maintainability of the Writ Petition taking the ground that there was alternative remedy against the impugned order by way of appeal which was not, however, availed of by the petitio..Category: Administrative Law, Employment/Service Law | Date: 26 Jul, 1979 | Hits: 2
....as of inefficiency and that impugned order was passed in accordance with the provision of law. It was further stated that the Writ Petition is not maintainable as the petitioner had not exhausted the alternative remedy as provided under Rule 11. of the Cadet College Employees (Efficiency and Disincl......
The Rule is made absolute.
Cases Referred to-
A.T.R. 1969 (SC) 130; AIR 1964 S.C. 364; 30 DLR 144
Lawyers Involved:
Asrarul Hossain, Latifur Rihman and A M. Nuruddn Ahmed— For the Petitioner.
Anwarul Huq Chowdhury, D.A G., and M.M. Huq, A A.G.—For the Respondent......ciency and that impugned order was passed in accordance with the provision of law. It was further stated that the Writ Petition is not maintainable as the petitioner had not exhausted the alternative remedy as provided under Rule 11. of the Cadet College Employees (Efficiency and Disincline) Rules.
..
Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1
.... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
......….Petitioners
Vs.
State and another……………………Opposite parties
Judgment
March 9, 1979.
Result:
The rule is accordingly discharged.
Cases Referred to-
Dost Mohammad Vs. The State, (1977) 29 DCR 122; Sa......itioners under the Special Powers Act has already been taken, the present petition is not maintainable. If the accused petitioners are aggrieved by the said order, of the Special Tribunal No. 1 their remedy lies in a superior court or Appellate Tribunal. This tribunal, which holds concurrent Jurisdi..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
Sonali Bank and others Vs. Abdul Barek Sarder & another, 1979, 8 CLC (HCD)
.... without any lawful authority and of no legal effect and is set aside. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 240 ......dgment March 7, 1979. Result: The Rule is made absolute. Cases Referred to- 30 DLR 251;28 DLR 160 and 30 DLR 211; Lawyers Involved: Ashraful Hossain, A. Azim—For the Petitioner. Mozammel Huq Bhuiya—For the Respondents. Writ Petition ......ain allegation of misconduct he was dismissed from service by the petitioner after a domestic enquiry. He had challenged the order of dismissal under section 34 of the Ordinance and got the remedy after full hearing Mr. Asrarul Hossain has referred to the definition of a worker or work-man..Category: Banking Law | Date: 7 Mar, 1979 | Hits: 1
Angana Ranjan Chakma Vs. Director of Techni¬cal Education, 1979, 8 CLC (HCD)
.... of this Article of the Constitution. 5. Mr. M.M. Hoque contends that the application under Art. 98 of the late Constitution was not maintainable as the petitioner did not avail of the alternative remedy by an appeal before the higher authorities as provided for in the Government Serv......ction) Present: Shahabuddin Ahmed J Abdul Matin Khan Chowdhury J Angana Ranjan Chakma…………………….Pettioner Vs. Director of Technical Education...........Respondent Judgment February 6, 1979. Result......icle of the Constitution. 5. Mr. M.M. Hoque contends that the application under Art. 98 of the late Constitution was not maintainable as the petitioner did not avail of the alternative remedy by an appeal before the higher authorities as provided for in the Government Servants (Effici..Category: Administrative Law, Constitutional Law | Date: 6 Feb, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....P. No. 820/78. Mr. Yusuf raised a preliminary objection to maintainability of these two applications since these petitioners are in his opinion, "Workers" under Labour Law and they have got alternative remedy in Labour Court One of the two petitioners is a Supervisor-in-charge, in Grade V,...... 19, 1979. Result: The rules in Writ petitions Nos. 479 and 538 of 1978 are made absolute Orders of termination are dismissed. Cases Referred to- Bangladesh Small Industries Corporation, Vs. Mahbub Hossain Chowdhury reported in 29 D.L.R. (A.D.) 41; 13 DLR (S.C.) 100; 16 D.L.......8. Mr. Yusuf raised a preliminary objection to maintainability of these two applications since these petitioners are in his opinion, "Workers" under Labour Law and they have got alternative remedy in Labour Court One of the two petitioners is a Supervisor-in-charge, in Grade V, and the oth..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
Akram Hossain Mondal Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....now detained in Mymensingh Jail be set at liberty forthwith if not wanted in any other connection. M.A. Khaliq J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 127. ......hers……….Respondent Judgment September 26, 1978. Result: The Rule is made absolute. Cases Referred to- Ramji Lal Vs. Rex AIR 1949 East Punjab 67; Kishori Lal Vs. Crown ILR 1945 (Lah) 573; Malhari Ramaji Vs. Emperor 49 Cr. L.J. 460; Re T. Venkateswara......n which is otherwise invalid is a continuing wrong and the detenu must have a right to approach the Court for the redress of such wrong on the general cardinal principle that there is wrong without a remedy, The Supreme Court of Pakistan in the case of Mazhar Hossain Bhuiyan Vs. The Province of East..Category: Criminal Law, Procedural Law | Date: 26 Sep, 1978 | Hits: 1
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ......#39;, (1968)20 D.L.R. 133; Punjab Ali Vs. Muharram Hosain (1977) 29 D.L.R, S.C. 185; C. Cooper and Sons, (1937)2. All ER. 466; (1966) (1) All, ER, 145. Ch. Div.; Focus Advertising Private Ltd. Vs. Ahoora Blocks Private Ltd. Company Cases, 1975, 534; 1965(2) All. ER 761(1961) 439; AIR (1971) SC 26,00...... share-holding interests; it is, however, difficult to determine whether the amended Memorandum and Articles of Association was introduced fraudulently by respondent No. 1 but the petitioner may seek remedy elsewhere; the dispute as to transfer of shares of Mrs. Zohura Khatun and her election as an ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
.... in this case. On perusal of these papers we do not find anything in favour of the respondents. The order of derequisition still stands and in pursuance of this order 'he respondents got no other alternative but to restore Vacant possession of the house to the, petitioner. It is highly regrettab...... the People's Khan Republic of Bangladesh………..Respondents Judgment July 26, 1978. Result: The rule is made absolute. Lawyers Involved: A. Wahab-For the Petitioner. Syed J. R Mudassir Hussain, A. A.O-For the Respondents Writ petition N......uty Commissioner that the order of derequisition was not proper and requested him to cancel the order of derequisition. Since the house, has been allotted to respondent No. 4 having failed to get any remedy the petitioner moved this Court and obtained this rule. 3. Respondents did not file any ..Category: Property Law | Date: 26 Jul, 1978 | Hits: 2
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......esult: The Rule is made absolute. Case Referred To- AIR 1951 Calcutta 206 and 13 Cr.L.J. (F.B.) 1988 Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan with Rabia Bhuiyan—For the Petitioners. S.M. Huq—For the Complainant Opposite Party. Akbor Ali—For......e petitioners for realization of the money advanced. He further submitted that the petitioners are bona fide businessmen end the transaction between the parties was a contract for sale, for which the remedy lies under the Sale of Goods Act, 1930 in the appropriate Civil Court only. He further submit..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
..... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ......…..Respondents Judgment May 4, 1978. Result: The Rule is made absolute. Cases Referred to- Ayub Khuro PLD I960 (SC) 237; Asma Jilani PLD 1972 (SC) 139; Abdus Shukoor (1976) 28 DLR 441; Majibur Rnhman (1977) 29 DLR (H D) 141; Malik Mir Hassan PLD 1969 Lah, 786; An......ial Law did not arise owing to the failure of the Courts to adjudicate on these matters. Such matters must, therefore, continue to fall outside the purview of the Martial Law authorities and the only remedy to the citizens against any such encroachment be by way of judicial review in the superior Co..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......hellip;……………Opposite Parties (In C.R. 446/75) Judgment May 2, 1978. Result: The Rules are discharged. Lawyers Involved: A.F.M. Shahid-For the Petitioner. M. B. Rahman-For Opposite parties. Civil Revision No. 445 and 446 of 1......ion 143A for addition of opposite parties, according to Mr. Shahid, Order 1 rule 10 of the Code of Civil Procedure is the appropriate provision enabling the applicants to seek the remedy prayed for. 6. Mr. M.B. Rahman, the learned Advocate appearing for the opposite parties ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....on the basis of the average of the marks obtained by them in assignment/tutorial work in other papers. The teachers of the Department were informed of this decision- The students also knew about this alternative arrangement and they did not raise any objection to such alternative arrangement. Subseq......ision (Special Original Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, University of Dacca and others....................Respondents Judgment April 13, ......ts have always held such matters to be within the visitorial powers. Moreover, in our own jurisdiction, relief under Article 102 of the Constitution is seldom granted unless the alternative remedy under the law is availed of. 11. In the case of R. Vs. Dunsheath Ex-parte MEREDITH (1950..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....-section (3), then they could have used wording "at any stage of the proceeding under this section" as contained In sub-section (9) of section 143 Cr.P.C. 31. Since there are alternative effective provisions to deal with the emergency, inasmuch as in case of any emergency wh......169 ......on (9) of section 143 Cr.P.C. 31. Since there are alternative effective provisions to deal with the emergency, inasmuch as in case of any emergency where immediate prevention or speedy remedy is desirable the Magistrate is not helpless to deal with such situation and if there are suff..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
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