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....ndered by both the learned Assistant Advocate General and Mr. Serajul Huq.
Muhammad Habibur Rahman J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 103.
......ersidge Vs. Anderson; Government of West Pakistan Vs. Begum A. Karim, (1969) 21 D.L.R. (S.C.) page 1; Vimblabai Desphande (A.I.R. 1946 P. C. 123);Nakhuda Ali Vs. Jayanton (1951 A.C. 66);Overseas of Poor Vs. London Northwestern Railway; Saleha Begum Vs. Government of Bangladesh, (1977) 29 DLR 59; Mak......cy when the fundamental rights are suspended and the right to move the court for the enforcement of the same has been taken away neither-Article 102 nor 491 Cr.P.C. is available to seek the remedy only on constitutional rights.
23. The expression "whenever it thinks fit" con..
Category: Criminal Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....r the premises and refused to accept the rent for the month of October, 1973 which was offered by the appellant first on October 1, 1973 and then on October 6, 1973. Furthermore, having no other alternative the appellant remitted the rent by postal money order which was refused and returned to ......t June 21, 1977. Result: The appeal is allowed. Cases Referred to- Jaffar Meher Ali Vs. Budge Jute Mills Co., ILR 33 Calcutta 702; ILR 34 Cal. 289; Chandra Srinivasa Rao Vs. Korrapati Raja Ram Mohon Rao, AIR 1952 Madras 579. Lawyers Involved: T.H. Khan, Senior Advo......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
....sult, the rule is discharged without any order as to costs.
Abdul Matin Khan Chowdhry J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 368.
......eral Manager, Khulna Shipyard and two others...................Respondents
Judgment
June 17, 1977.
Result:
The rule is discharged.
Lawyers Involved:
Mozammal Hug—For the Petitioner.
Khalilur Rahman—For the Respondents Nos.1 and 2.
Writ petition N......rder or Notification is a right of the workers who may be aggrieved persons. He has pointed out that for enforcement of any right guaranteed or secured to a worker under any law or agreement specific remedy has been provided under section 34 of the Industrial Relations Ordinance, 1969. In ..
Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1
Tahurul Karim @ Tahurul Karim Khan Chowdhury Vs. Abdul Hashim and others, 1977, 6 CLC (HCD)
....since Hashim made his application on 10-6-69 it must fails because it is made after the expiry of the earlier period on 20-5-69]. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 8. ......thers Vs. Mohammad Shoukat Ali Biswas & others 52 C.W.N. 95.;Munshi Tamijuddin Howlader & others Vs. Altafuddin Monday and others, 20 DRL 90.1 Lawyers Involved: Rafiqul Islam—For the Petitioner. Civil Revision Nos. 262-263 of 1974. Judgment Ranadhir Sen J.- The......s case on merits. This disposes of the first contention of Mr. Islam. 10. The next contention of Mr. Islam is that since Abdul Hashim was served with notice of Misc. Case No. 4 of 1969, the only remedy available to him in assertion of his alleged right of pre-emption was by joining under sectio..Category: Property Law | Date: 7 Jun, 1977 | Hits: 5
....e reopened or interfered with the order of assessment made in the past years. The learned judges of the High Court did not commit any error in taking such a view.
33. On the question of the alternative remedy, learned Council for the appellant has sought to contend that no appeal has been ......tax Officer Nizamabad (1972-76) Supreme Court Tax judgment (Part II) 358: 1972 (86) ITR 141: AIR 1973 (SC) 1010; Mahendra Mills Vs. P. B. Desai, Appellate Assistant Commissioner of Income-tax reported (1972-76) Supreme Court Tax Judgment (Part-I) 322; M/s. Maharana Mills (Private) Ltd, Vs. Inco...... such rectification did not involve the reopening of the assessment of the past years. The learned Judges of the High Court further held that the writ petition was not maintainable inasmuch as a remedy by way of appeal against the order of rectification made under section 35 was available ..
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
....endant had the occasion to check the price of goods at least Mill made goods and when the defendant did not come with any objection as to the price of goods the learned Subordinate Judge had no other alternative but to accept the price stated by the plaintiff. It should be noted that no cross-object......64 (W P) Karachi 290; Alep Shah Fakir Vs. Muhammad Amud Ali Munshi 7 D.L.R. 603; Kumar Pramath Nath Roy Vs. Nawabzada Syed Ali Mirza and others 2 D.L.R. 319; Province of Bengal Vs. Board of Trustees for Improvement of Calcutta AIR 1946 Cal. 416.
Lawyers Involved:
S. C. Das with Zahir Ahem&......ault, the decree will be executable after serving proper notice on the Government.
S.M. Mohsen Ali J.-I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 355.
..
Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3
Controller of Imports & Exports Vs. Adamjee Jute Mills Ltd. Dacca and others, 1976, 5 CLC (AD)
.... already been considered by us. In the result, all the twenty-eight appeals are allowed but we make no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 283. ......0 DLR (AD) (1978) 283. ......ussein, the learned Counsel, further contended that Act III of 1967 is unenforceable as it has provided no regular machinery for levying the price equalisation surcharge, nor has it provided any remedy against improper or unjust assessment. If is true that a statute which imposes a tax ord..Category: Fiscal/Taxation Law | Date: 18 Aug, 1976 | Hits: 226
Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)
....irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......ram Halidas, PLD (1969)Kar. 875; Dammal All AIR (1936) P.3: Indira, AIR (1956) (SC) 77. Lawyers Involved: Md. Abdur Rouf with Khademul Islam Chowdhury and Md. Luthfar Rahman Mazumdar—For Petitioner. K. A. Bakr, Attorney-General with Abdul Wadud Bhuiyan Asstt. A. G.—For the......r (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) "affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punish..Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2
Mst. Masuda Khatoon & ors Vs. Maniruzzaman, 1975, 4 CLC (HCD)
....3 of the Code for default comes within the language of Order 43 Rule 1(d) of the Code and is appealable. It was further held that section 151 of the Code does not provide any alternative remedy. It is based on the principle that no one should suffer for absence of a rule of ......;…………………...Opposite party Judgment July 1, 1975 Result: The Rule is discharged. Cases Referred to- Abdur Rahman Miji and ors. Vs. Abdul Wadud Mea and ors, 1952 PLR 2 Dac. 87; AIR 1959 Pat. 121 (Full Bench), Doma Chowdhury......issed for default. According to him, the defendant could file an appeal against the order of dismissal for default under Order 43 Rule 1(d) C. P. C. and, as he did not avail himself of that remedy provided under the statutory provision of law, he cannot invoke the aid of section 151&n..Category: Civil Law, Procedural Law | Date: 1 Jul, 1975 | Hits: 1
....ger on the premises that they were using were under a duty to the plaintiff to guard against it, that their duty was not discharged by giving the plaintiff a warning and that the plaintiff who had no alternative but to walk through the slippery floor of the shed and sustained injuries was entitled t......pondents
Judgment
April 30, 1975
Result:
The appeal is allowed.
Cases Referred to-
Goverdhan Vs. Maruti A.I.R. 1915 Nagpur Page 4; Kosaraju Peda Subabyya and others Vs. Moraranemi Veerayya and others A.I.R. 1935, Madrass 750; Seth Devendra Kumar Vs. Mrs. Nirmal Bai, A.I......ot in a practical world be treated so as to give a right to every person injured by them to demand relief. In this way rules of law arise which limit the range of complainants and the extent of their remedy. The rule that you are to love your neighbor becomes in law, you must not injure your neighbo..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
.... applied to cover all diverse proceedings contemplated in article 3 of the Presidential Order. 21. Mr. Roy Chowdhury has submitted that the order dated 15.5.71 also comes within the ambit of the alternative clause of article 3, that is, an order disposing of the Miscellaneous case for default i...... April 11, 1975. Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Ele......uit is dismissed for default, rule 9 of Order 9 makes a specific provision to set aside the dismissal order. On the contrary if ex parte decree is passed as contemplated by rule 6, then the remedy is available under rule 13 for setting aside ex parte decree. Thus rule 9 provides one remedy..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
....bsp;has raised a preliminary point as to the question that the matter having involved a disputed question of fact the petition is not maintainable. He has also contended that the petitioner having an alternative remedy by way of a petition before the Election Tribunal, the Constitutional remedy is n......d others, (1961); 17 DLR 181 PLD. 1961 Dacca 263; The Presiding Officer Vs. Sadruddin Ansari and others, 19 DLR (S.C.) 510. Lawyers Involved: Serajul Huq, with Amir Hossain Khandaker—For the petitioner. K.Z. Alam, Deputy Attorney-General, Ismalluddin Sarker, Asstt. Attorney-Gene......ed a preliminary point as to the question that the matter having involved a disputed question of fact the petition is not maintainable. He has also contended that the petitioner having an alternative remedy by way of a petition before the Election Tribunal, the Constitutional remedy is not available..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
....de by him in the payment of his debt, does not naturally flow from the words used in section 176 of the Contract Act.
26. It may also be noticed that a pawnee's right of sale is an alternative to his right to sue for the recovery of the debt in a competent court, which, by virtue ......rsey Vs. Mareji Vagaji & another, A.I.R. 1937 Bom 26; Hindusthan Co-operative Bank Limited and another Vs. Surendra Nath De and others, 36 C.W.N. 263, A.I.R. 1932 Cal 524; Messrs Grison Knitting Works, Vs. Laxmi Commercial Bank Ltd. and others, A.I.R. 1960 Punjab 98; Cocanada Vs. Gundabathula Su...... the satisfaction of the decree passed in Money Suit No. 3 of 1960.
A.S. Faizul Islam Chowdhury J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ......Appellant Vs. Aminul Islam and others………………Respondents (In Civil Appeal No. 2 of 1974). Judgment May 3, 1974. Result: The order sending the case back on remand for retrial is hereby set aside. The award made by the learned......f the Standing Orders, 1965 and as such he was no longer a worker within the meaning of section 2(s) of the Act and has no locus standi to raise any labour dispute. It is to be held further that remedy provided under section 25 of the Standing Orders, 1965 was not available to him in view ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Rajendra Shirali and others Vs. Mahadev Shirali, 1973, 2 CLC (HCD)
....ng on behalf of the petitioners contends that the learned Munsif failed to exercise jurisdiction in not granting extension of time under section 148 of the Code of Civil Procedure or in the alternative, in exercise of his inherent powers under section 151of the Code for doing justice ......y Ltd. Vs. Swastika Press Ltd. 90 Cal. L.J. 105; Bokaro and Ramgarh Ltd. Vs. State of Bihar, AIR 1965 Cal. 308; Mahanth Ram Das Vs. Ganga Das, AIR 1961. Lawyers Involved: Abdul Hamid—For the Petitioner. No one—For the Opposite Party. Civil Revision No.1436 of 1967. ...... cannot be invoked in a case which is fully covered by a specific provision In the Code, or, where there is a positive prohibition regarding a particular act or order or where there is an alternative remedy.” 11. It will appear that if there is specific provision in the Code which covers ..Category: Contract Law | Date: 11 Jul, 1973 | Hits: 1
....ll and void.
19. Mr. Huq, the learned Advocate appearing for the Employee, has also raised a subsidiary point, namely, that this writ is not maintainable in view of the fact that the Bank had an alternative remedy of appeal under the Industrial Relations Ordinance, 1969 and that not having been......ossain J
M. N. Huda J
National Bank of Pakistan, represented by the Supdt. of Admn. Local Principal Office, Motijheel, Dacca........Petitioner
Vs.
1. Mr. Md. Golam Mostafa, Ex-Junior Clerk; National Bank of Pakistan, Khulna.
2. Third Lobour Court, Khulna.......Respondents
......
19. Mr. Huq, the learned Advocate appearing for the Employee, has also raised a subsidiary point, namely, that this writ is not maintainable in view of the fact that the Bank had an alternative remedy of appeal under the Industrial Relations Ordinance, 1969 and that not having been availed of,..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
....is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ...... 1. Additional 'District Judge, 1st Court, Dacca, Chairman, Special Tribunal under P.O. No. 13 of 1972. 2. Md. Shamsuddoula, son of late Haji Abdus Sattar, Ministry of Information, Dacca…………………………&hell......o article 11 clauses (1) and (4) will show that the petitioner was under a misconception of law. Because the decision made under the provisions of the Order will not debar any aggrieved party to seek remedy in a competent Civil Court. Mr. Moinul Huq contends that one may come for relief under P. O. ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
Mrs. June Ferguson & others Vs. Ameenur Rasheed Chaudhury and others, 1972, 1 CLC (HCD)
....rayer in the plaint appears, on the face of it, to be defective, to which we shall have to refer later on. 2. An application was filed along with the Plaint for a temporary injunction or, in the alternative, for appointment of the plaintiff No 1 as a receiver on the allegations, inter alia, tha......ers Vs. Kuchwar Lime and Stone Co. Ltd, and another, AIR 1941 P.C. 128; Dontmara Tea Company Ltd. Vs. Proboth Kumar Das, 41 CWN 54. Pir Baksh Vs. Mohammad Teha, 61 IA 388; Probodh Kumar Das and ors Vs. The Dantmara Tea Company Ltd., 66 IA 298=AIR 1949 P.C. =44 CWN 145; Pandit Ramchandra Vs. Pa......t place, it is to be noted that the above observations of the Board are obier, and secondly, it does not at all follow from these observations that their Lordships intended to lay down, that the only remedy which was open to a transferee under section 53A. T.P. Act was to plead as a defendant in pos..Category: Property Law | Date: 5 Jul, 1972 | Hits: 0
Yar Ali Khan Chowdhury Vs. Makbul Ahmed Chowdhury & others, 1971, I CLC (HCD)
....le is accordingly made absolute without any order as to costs. The record of the case be sent back to the District Judge immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 147. .................Opposite Parties Judgment January 28, 1971. Result: The Rule is made absolute. Lawyer Involved: Siddique Ahmed Chowdhury with AT Chowdhury, Shafiqur Rahman Advocates ‑ For the Petitioner. Muhammad Habibur Rahman, Advocate ‑ For the Opposite Party No.1. Civil Ru......his Ordinance no decision or order of the Administrator shall be questioned in any suit or other proceeding in any Court. But a person aggrieved by an order of the Administrator is not left without a remedy under the Ordinance. Sub‑section (1) of section 32 empowers the Administrator to remove a m..Category: Trust/Waqf Law | Date: 28 Jan, 1971 | Hits: 167
Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
....f is entitled to separation from her husband, by Khula, in the circumstances of the instant cases. 10. It has further to be pointed out that in the plaint itself in that case there was an alternative prayer for dissolution of marriage by way of Khula. In the present case no such relief h.........Respondent Judgment November 11, 1970. The Code of Civil Procedure, 1908 (V of 1908), section 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissol...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
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