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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......69. ......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: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ......co-sharer are questions of facts, and the finding of that appellate Court in this regard is final and cannot be opened in second appeal, when the same is not based on any material mistaken assumption or misconstruction of any document……(8) Lawyers Involved: Md.Yasin—For...... declared that the plaintiff would get joint possession with the defendants with respect to his 6 annas in the share are in the property in question. If is true that for a co-sharer out of possession remedy lies in a partition suit. In this case the Court of appeal below, however, found that the pla..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....5-1500/- plus Tk. 100/- as technical pay with effect from 30.11.72, and subsequently-increments had also been granted to him. The petitioner has not been reduced, in rank. As he has not exhausted the alternative remedy available to him by way of appeal, which is adequate and equally efficacious, his......LR (HCD) (1979) 111 ......s Tk. 100/- as technical pay with effect from 30.11.72, and subsequently-increments had also been granted to him. The petitioner has not been reduced, in rank. As he has not exhausted the alternative remedy available to him by way of appeal, which is adequate and equally efficacious, his petition is..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
....d Labour Court is set aside, there will, however, be no order as to costs.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 211.
......itioner
Vs.
Chairman, Labour Court, Chittagong & another.................Respondents
Judgment
February 6, 1978.
Result:
The rule is made absolute.
A dismissed worker ceases to be a worker within the definition of a "worker" under the Industrial Relat......quot;worker" under the Industrial Relations Ordinance, 1969 if his dismissal is not related to any industrial dispute and that such a worker cannot file an application under section 34: his remedy lies in an application under section 25 of the Standing Orders Act, 1965…&he..
Category: Labour and Industrial Law | Date: 6 Feb, 1978 | Hits: 3
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ...... Vs. Bangladesh.................................Respondent Judgment February 3, 1978. Result: The rule is made absolute. Lawyers Involved: Rafiqul Islam— For the Petitioner. Abdul Hamid Chowdhury—For Respondent No. 2. Writ Petition No......disposed of. The High Court's order simply mentioned the remedies available against an award by appeal under section 134 and by review under section 135 of the Act and that no remedy lies in suit in a Civil Court. The only question before us for determination therefore is whe..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....onstitution cannot be invoked by the petitioner. Mr. Shafiuddin has lastly contended that the petitioner's application under Article 102 of the Constitution is not maintainable since an alternative remedy by way of review before the President of Bangladesh was available to the petition...... Govt. of Bangladesh...............................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; A.I.R. 1967, SC-1264; (P.L.D. 1958, S.C......cannot be invoked by the petitioner. Mr. Shafiuddin has lastly contended that the petitioner's application under Article 102 of the Constitution is not maintainable since an alternative remedy by way of review before the President of Bangladesh was available to the petitioner under the..Category: Civil Law, Constitutional Law | Date: 1 Feb, 1978 | Hits: 1
Fazlul Huq Chowdhury Vs. Govt. of Bangladesh, 1978, 7 CLC (HCD)
....onstitution cannot be invoked by the petitioner. Mr. Shafiuddin has lastly contended that the petitioner's application under Article 102 of the Constitution is not maintainable since an alternative remedy by way of review before the President of Bangladesh was available to the petition...... Govt. of Bangladesh..................................Respondents Judgment February 1, 1978. Result: The rule is made absolute. Cases Referred To- The-High Commissioner for India and another Vs. I. M. Lall, A.I.R., 1948 P.C., 121; Golam Sarkar Vs. Pakistan PLD 1962, S.C......cannot be invoked by the petitioner. Mr. Shafiuddin has lastly contended that the petitioner's application under Article 102 of the Constitution is not maintainable since an alternative remedy by way of review before the President of Bangladesh was available to the petitioner under the..Category: Administrative Law | Date: 1 Feb, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ......uary 16, 1978. Result: The appeal is dismissed. Cases Referred to- Raja Govinda Lal Roy Vs. Ramjanam Misser and others, 20.1. A 165; Almaj Khatun Vs. Ejahar Mir, 8 DLR 82; Turner Morrison & Co. Vs. Monmohan Chowdhury, 5 CWN 29 16 DLR, 582 Lawyers Involved: B.B. Roy ...... sections 20 & 23 of Sales Act are mere irregularities, and even if they were illegalities they did not render the sale 'void' at best the sale was avoidable and hence remedy against it lay only in an appeal to the Commissioner under section 2 of Act Vlll of..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ...... The Appeal is dismissed. Cases Referred to- Monendra Nath Biswas; Raja Govinda Lal Roy Vs. RamjanamMisser and others, 20.1. A 165Almaj Khatun Vs. Ejahar Mir, 8 DLR 82; 23 CWN 37; Turner Morrison & Co. Vs. Monmohan Chowdhury, 5 CWN ; DLR, 582 Lawyers Involved: B.B. Ro...... sections 20 & 23 of Sales Act are mere irregularities, and even if they were illegalities they did not render the sale 'void' at best the sale was avoidable and hence remedy against it lay only in an appeal to the Commissioner under section 2 of Act VIII of..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....Films reported in PLD 1958 Lahore 208, it was held that: “Persons who want to attack the existence or validity of the very agreement which contains an arbitration clause are deprived of an alternative defense that even if there is an agreement the suit should be stayed for a reference to ......ini and others.....................Defendants Judgment December 20, 1977. Result: The prayer is refused. Cases Referred To- Annefield's case, 1971 All England Law Reports page 394; Lord Esher M. R. Leduk & Co. Vs. Ward and others (1888) 20 Queen's Bench Divi......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
....e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
......atson and Company Vs. Ramchand Dutta and others, LR 17 IA 110: I.L.R. 18 Cal.10.
Lawyers Involved:
B. N. Chowdhhury, Advocate with S.C. Das Advocate, instructed by A Rab-II, Advocate-on- Record-For the Appellants.
Anwarul Huq Chowdhury, Advocate, instructed by B. Hossain, Advocat...... their express or implied consent and if the co-sharers out of possession are dissatisfied with the manner in which the said common land was being used by the said co sharer in possession, their remedy for separate possession of their share of the common land is to bring a suit for partition. I..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
.... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ...... (Civil Revisional Jurisdiction) Present: Siddique Ahmed Chowdhury J Ibrahim Hossain and Delwara Begum……………….Petitioners Vs. Md. Khorshed Ali and others…………….....................Opposite Parties ...... in a proceeding under section 24 of the Non-Agricultural Tenancy Act. If applicable, whether appeal will lie to this Court under 43 rule 1(d) C.P.C. or the revision is the appropriate remedy in the circumstances of the case. 8. Mr. Rouf, the learned Advocate appearing on behalf ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ......r 1, 1977. Result: The application is allowed and the rule Nisi made is absolute. Lawyers Involved: Altaf Hossain with Md. Joynal Abedin, and Mozammel Haque Khan, Advocates—For the Petitioner. QaziShafiuddin, Ass it Advocate general—For Respondent No.1. Peti......question of maintainability of the replication on the ground that the petitioner without preferring appeal as provided under rule 12 filed this application. Since the statute itself provides adequate remedy the petitioner should not be allowed to invoke the extra-ordinary jurisdiction of this court ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....he would not be able to render him any assistance if the suit property including the petrol pump agency were not sold to him out-right. Whereas, defendant No.1, it appears, was hesitating between two alternative proposals, one for out-right sale and the other for partnership between him and the plai......nt Judgment August 18, 1977. Result: Both the appeals are allowed. Case Referred To- A.I.R. (SC) 1968, 147. Lawyers Involved: Rafiqul Huq with T. Islam—For Appellant (In F.A.No.16 of 1977). Syedlshtiaq Ahmed with Mahmudul Islam—For Appel......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....osit accounting to Tk. 85,620/- to the petitioner within 30 days from the date of this order. 17. Now left us consider the only argument that was advanced that under rule 47 wherein there was an alternative remedy to the petitioner by way of filing objection. Reading the rule 47 as a where it a...... Cases Referred To- State of Madhya Pradesh Vs. Bhailal Bhai. AIR 1964 (SC) 1006 A.I.R. 1961 (SC) 41; A.I.R 1962 (SC) 1320. Lawyers Involved: T. H. Khan with A. Taher Choudhury—For the petitioner. M.M. Haque—For Respondent No. 2 and 3. Kamahiddin Ahmed—For...... in pursuance of such illegal order both in law and in equity is to be refunded. After all, one can not take advantage of one's own wrong. To deny the relief to the petitioner and to say that his remedy is available to the civil court is to put a premium for the illegality committed by the respo..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
....courses open to the Government the Government must take recourse of any one of them and not all of them. Justice Das dismissed the contention by saying that it is for State Government to decide which alternative could be adopted and which was most applicable in the circumstances of the case.
20......est Benga; Bhimsen Vs. Union of India, A.I.R. 1951 (SC) 481; Kripa Shindu Hazra Vs. Bangladesh Govt. in Criminal Misc. Case No. 69/77.
Lawyers involved:
K.Z. Alam with Latifur Rahman—For the petitioner (In the three petitions).
Anwarul Huq Chowdhury, Dy. A.G.—For the Respo......beyond the province of the Court to say anything further in the matter.
Abdul Matin Khan Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978)131.
..
Category: Criminal Law | Date: 11 Aug, 1977 | Hits: 4
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
.... Sylhet in Title Appeal No.411 of 1969 arising out of suit for declaration of the, plaintiffs right of permanent residence and that he is not liable to be evicted from the disputed premises or in the alternative for permanent injunction restraining the Defdt. Nos.1 and 2 from any way interfering wit......ce of East Pakistan and others, (1968) 20 D.L.R. 976; M.M. Ispahani Ltd. Vs. Deputy Custodian of Enemy Property and others (1968) 20 DLR 493. Lawyers Involved: S.R. Pal with S.C. Das—For the Appellant. Ismailuddin Sarkar, A.A.G.—For the Respondent. Appeal from Ap...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
Tasir Ahmed and others Vs. People’s Republic of Bangladesh , 1977, 6 CLC (HCD)
....bmitted on the basis of a decision in the case of The Sind Tanneries Ltd. Vs. Hajee Mohammedin & Co. reported in 8 DLR 719, that an application under section 151 of the Code does not lie where an alternative procedure for appeal has been provided by the Code. The same view has been taken in the ......e of Civil Procedure, 1908 (Act No. V of 1908), section 151; Order 9, rule 4 A client shall not suffer because of negligence and enigmatic conduct of its agent lawyer for the ends of justice...............(8) Cases Referred to- The Sind Tanneries L...... this order be sent to the Secretary, Ministry of Law and Parliamentary Affairs and also to the Deputy Commissioner, Bakerganj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 109. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 60
....rayed for an order of injunction under or. 39, rule 1 and 2 C.P.C. The employer by filing written statement objected to the prayer and, inter alia, mentioned that finding no other alternative and also to keep the good relationship with the worker it was forced to sign 2 provision.......H. Rahman J
Manager, Sonali Jute Mills Ltd………………………………Petitioner
Vs.
Secretary, Sonali Jute Mills Workers Union, & others..........Respondents
Judgment
June 24, 1977.
Result:
......ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......nt June 21, 1977. Result: The Rule is discharged. Cases Referred To- Mosam Khan and others Vs. The State (1969 SCMK 208); Sultan Ali Nanghiana Vs. Nur Hussain, in AIR 1949 Lahore 131; Wolverhampton New Water Works Co. Vs. Hawkesford; Novel Vs. London Express Newspaper Ltd., ......hat a suit is expressly barred if a legislation in express terms provides so. It is impliedly barred if a Statute creates a new offence or a new right and prescribes a particular penalty or a special remedy is provided by the statute, la such a case no other remedy can in the absence of evidence of ..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
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