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Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)
.... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ...... Mool Chand Vs. Ganga Sahai, AIR 1933 All, 522; Ram Chandra Ramaji Khatik and others Vs. Shahadeo Gopala Koshli and others, AIR 1945, Nagpur, 185. Lawyers Involved: Faruque Ahmed, Advocate‑For the Appellant. No one‑For the Respondents. First Miscellaneous Appeal No.266 of 1992. ......de the dismissal and shall appoint a day for proceeding with the suit. Since two courses are open to the plaintiff against the ex parte dismissal of the suit the defendant is not supposed to know the remedy actually availed of by the plaintiff in this regard, unless notified. Moreover, with the dism..Category: Procedural Law | Date: | Hits: 88
Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....has referred to the case of S A Harroon and others Vs. Collector of Customs,reported in 11 DLR (SC) 200 wherein it is held that remedy through a writ petition will be available without exhausting all alternative remedies if the question of jurisdiction is raised. He has then referred to the case of ......on, Bangladesh Secretariat, and others………………..Respondent Judgment March 19, 1997. Result: The Rule is made absolute. Cases Referred to- S A Harroon and others Vs. Collector of Customs,11 DLR (SC) 200; MA Hai Vs. Trading Corporation of Bangladesh, 40 DLR (AD) 206; 1949 A...... available, Mr. Mainul Hosein, the learned Advocate for the petitioner, has referred to the case of S A Harroon and others Vs. Collector of Customs,reported in 11 DLR (SC) 200 wherein it is held that remedy through a writ petition will be available without exhausting all alternative remedies if the ..Category: Administrative Law | Date: | Hits: 192
Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)
.... 20. The learned Advocate for the petitioner submitted that the petitioner invoked this writ jurisdiction because the impugned order was passed malafide and beyond lawful jurisdiction. As such the alternative forum of Appeal under section 42 of the VAT Act is not applicable in this case. Furtherm......ment June 10, 2010. Result: The rule is made absolute in part. Cases Referred to- Intertek Testing Services International Limited Vs. National Board of Revenue, 55 DLR 691; Chemico Laboratories Ltd. Vs. Government of Bangladesh, 11 MLR (AD) 192; Megh Rai Vs. Rupchand Uttamch, AIR 194...... no legal effect. And the rule issued in relation to the allocation of fixation of a separate service code is hereby discharged. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 137. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......Division (Civil) Present: Sheikh Abdul Awal J M. Moazzam Husain J M/S. Udayan Board Mills, Lamapara, Fatullah, Narayanganj and another....................Defendant Nos.1-2 judgment-debtor-petitioners Vs. Janata Bank, Fatullah Branch, Narayanganj and another....................Pl...... and the remedies will follow as provided in the Ain itself and it has been indicated by our Appellate Division that if there is any exclusion indicated in the Ain, as in section 6, it will include a remedy under the general law. So, on going through this decision of the Appellate Division, we hol..Category: Civil Law | Date: | Hits: 129
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....hers PLD 1967 SC 317 Hamoodur Rahman, J (his lordship then was) delivering the Judgment for and on behalf of their Lordships observed. 30. "The inherent jurisdiction given by section 561A is not a alternative jurisdiction or an additional jurisdiction but it is a jurisdiction preserved in the int......olam Mohammad Vs. Muzammal khan and 4 others, PLD 1967 SC 317; Md. Alam and 3 others Vs. The State, 19 DLR (SC) 242; Shadu Miah and others Vs. State, 10 BLC 770. Lawyers Involved: Kaiser Ali - For the Petitioners. S.M. Shahjahan Kabir, Assistant Attorney-General - For the opposite par......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ..Category: Criminal Law | Date: | Hits: 99
....nt No.1 after hearing the appeal allowed the appeal in part vide his judgment and order dated 6‑10‑93, Annexure‑'E', that being aggrieved by the aforesaid judgment and order and having no other alternative remedy, the petitioners moved this Court on the application under Article 102 of the Con......s Case is also Reported in: 50 DLR (HCD) (1998) 606.
......r hearing the appeal allowed the appeal in part vide his judgment and order dated 6‑10‑93, Annexure‑'E', that being aggrieved by the aforesaid judgment and order and having no other alternative remedy, the petitioners moved this Court on the application under Article 102 of the Constitution an..
Category: Labour and Industrial Law | Date: | Hits: 215
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....e same under Order 21 Rule 90 was maintainable in law after being defeated in Title Suit No.158 of 2005 of the 6th Court of learned Assistant Judge, Dhaka as well as in Title Appeal No.438 of 2006 in alternative whether the result of Title Suit No.158 of 2005 got any bearing upon the proceeding brou...... This Case is also Reported in: 16 MLR (HCD) (2011) 457. ......pposite party Nos.2-5 are set aside on the ground of fraud. It is declared that there created no title in favour of holders of those deeds. This Case is also Reported in: 16 MLR (HCD) (2011) 457. ..Category: Civil Law | Date: | Hits: 112
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......itioner Vs. State and another………………………….Opposite Parties Judgment May 9, 2011. Result: The Rule is made absolute. Lawyers Involved: Rokonuddin Mahmud, Senior Advocate with Ashraful Hadi, Advocates - For the Petitioner. Mansurul Haque Chowdhury, S...... claim for a copy of the MoU ought to have been as per Articles of Association of the Bank wherein provision for supply of any minutes and resolutions are provided and for such denial he could seek remedy as per Companies Act, 1994. And with regard to the ground that the accused and the complainan..Category: Criminal Law | Date: | Hits: 100
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
.... for the plaintiff‑petitioner contends that prayer 'Ka' quoted hereinbefore contains the essential elements of declaration of title. It appears from the said prayer 'ka' of the plaint that there is alternative prayer for granting saham in respect of 11 kanis 14 gandas of land or for the quantum of......y and others………………………………Opposite Parties Judgment January 18, 1995. Result: The Rule is made absolute. Lawyers Involved: Abdul Momen Chowdhury, Advocate ‑ For the Petitioner. Kamal‑ul Alam, Advocate - For Opposite Party Nos.4 and 5. Omar Farook, Ad...... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ..Category: Property Law | Date: | Hits: 97
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....emned prisoner Seema Begum. On the contrary P.W.2 Ayesha Begum in her evidence stated that the condemned prisoner had affection for his son deceased Delowar. In this view of the fact we have no other alternative but to hold that the prosecution has failed to prove that out of illicit relationship of...... death reference No.8 of 2001 is rejected. The Criminal Appeal Nos.343 of 2001, 424 of 2001 and Jail Appeal No.540 of 2001 are allowed. Lawyers Involved: S. M. Rezaul Karim with Mohammad Noor Hossain - For the Condemned Prisoner and Appellants. Golam Kibria, Deputy Attorney-General wi......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ..Category: Criminal Law | Date: | Hits: 94
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....repay the money to the informant and also threatened to kill him by gun fire. Thus, the accused deceived the informant and misappropriated his aforesaid money and, as such, the informant had no other alternative but to file this case. 4. The Police investigated the case and having found incrimina...... (1999) 159; Habib (Md.) and another Vs. State, 52 DLR (High Court Division) (2000) 105; Lutfar Rahman and others Vs. State, 13 MLR (AD) 126. Lawyers Involved: Nakib Saiful Islam, Advocate - For the Accused-Petitioner. Khandaker Diliruzzaman, Assistant Attorney General, with Ms. Bea...... as alleged. Mr. Diliruzzaman further submits that it will be for the informant to prove his allegations by evidence at the trial and that he can not be shut out at this stage by telling him that his remedy lies in a civil suit for recovery of the money so paid to him by the informant and that the a..Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....ng an independent auditor to re-audit the accounts of past years i.e., 2003, 2004 and 2005. Given the ratio in the Kader Textiles Case and the recognition accorded this Court's inherent power to make alternative arrangements for appointments of auditors for past years if no audit has taken place, an......e same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....002 as in Annexure-R are declared to have been made without lawful authority and are of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 258. ......s also Reported in: 7 LG (HCD) (2010) 258. ......petitioner served a notice for demand of justice on 14.11.2002 through his learned Advocate Mr. Abdur Rab Chowdhury but to no effect. In these circumstances the petitioner having no other efficacious remedy in law has come to this curt and obtained the present Rule Nisi. 3. Respondents have conte..Category: Employment/Service Law | Date: | Hits: 166
Abdul Hamid Shaikh Vs. Sree Sree Ram Krishna Dev & others, 1993, 22 CLC (HCD)
....one for a declaration of title, confirmation of possession and permanent injunction, in respect of the suit land comprising 3.46 decimals of land as described in the schedule of the plaint and in the alternative with a prayer for recovery of khas possession of the suit‑land if the plaintiff was fo......7. ......arned Subordinate Judge further observed in his Judgment as follows: "No doubt, the plaintiff could seek setting aside of the sale under the aforesaid provisions of the PDR Act. But apart from the remedy available under the PDR Act for setting aside of a sale, the plaintiff could also bring a sui..Category: Property Law | Date: | Hits: 113
Crown Maritime Co. (1) Ltd. Vs. Royal Boskalis Westminster NV and others, 2009, 38 CLC (HCD)
....ordingly, the application for vacating the order of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ...... of direction dated 28-1-2009 stands rejected. There will be no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 140. ...... success in the said arbitration proceeding, he will be entitled to damages and compensation. Mr. Huq contends that it is a settled position of law that where damages and compensation are an adequate remedy, injunction cannot be granted and, therefore, the order of injunction, passed by this Court o..Category: Alternative Dispute Resolution | Date: | Hits: 632
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....on 47 cannot be given effect to any pending suit filed prior to promulgation of the Artha Rin Adalat Ain, 2003. 11. On the face of the decision of the Apex Court referred to above we find no other alternative but to say that the learned Judge of the Artha Rin Adalat has committed illegality in pa......Court Division (Special Original Jurisdiction) Present: Mohammad Anwarul Haque J SAK Md. Dabirush Shan J Standard Chartered Bank, 67 Gulshan Avenue, Dhaka-1212, represented by its Senior Manager Grotip Special Assets Management and constituted attorney Ms. Nadia Mizan......................ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..Category: Civil Law | Date: | Hits: 186
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......…………….Appellant Vs. Mrs. Fatema Begum………………………………..Respondent Judgment April 26, 2010. Result: The appeal is dismissed. Cases Referred to- Attorney General V. Prince Ernest Augustus, [1957] 1 All ER 49; Powell Vs. Kempton Park Racecourse Co. ......he same statute, but its preamble, the existing state of the law, other statutes in pari materia, and the mischief which I can by those and other legitimate means, discern the statute was intended to remedy." and again: "On the one hand, the proposition can be accepted that "......it is a ..Category: Property Law | Date: | Hits: 134
Thai Airways International Limited Vs. Air Route Service Limited and others, 1995, 24 CLC (HCD)
....ute Service Limited immediately wherever situated and report compliance within 8 weeks from the date of receipt of the drawn up order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 412. ...... June 11, 1995. Result: The company, Air Route Service Limited is hereby wound up with immediate effect and the Official Receiver of the Government is hereby appointed as the Official Liquidator of the aforesaid Company. Cases Referred to- Molla Abdulla Bhai Vs. Saria Rope Mills Ltd., ...... up except in the sense that refusal to pay a genuine debt is usually accompanied with the existence of state of insolvency." 7. If a debtor is merely unwilling to pay his debts, then the normal remedy is a Suit. If a creditor instead of instituting a suit against debtor company, files an appli..Category: Company Law | Date: | Hits: 145
Delwar Hossain Khan (Md.) Vs. Dhaka Club Limited and another, 1995, 24 CLC (HCD)
.... Court, Dhaka in Title Suit No.205 of 1995 is hereby affirmed. The ad interim order of injunction passed earlier is hereby vacated. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 407. ......espondents Judgment November 13, 1995. Result: The appeal is dismissed on contest. Cases Referred to- Secretary Dhaka Club Ltd. Vs. Mustafa Jamal, 31 DLR 386; TP Dever Vs. Lodge Victoria, AIR 1963 (SC) 1144; Charanjan Jadavji Padia Vs. Bhupash Chandra and others, 83 CWN 293; Ujjal ......b may challenge his expulsion from the Club on the ground of malice. Mr. Huq also placed before us Halsbury's Laws of England, 4th Edition, Vol. 6 at page 73 and paragraph 242 which provides that the remedy of a Member irregularly or improperly expelled from a Members Club is by action, which may be..Category: Others | Date: | Hits: 154
Sabirannessa and others Vs. Kabir Ahmed and others, 1995, 24 CLC (HCD)
....oresaid suit is hereby set aside. The order of stay passed earlier is hereby vacated. The parties will bear their respective costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 347. ......oners Vs. Kabir Ahmedand others………………………….Opposite Parties Judgment July 16, 1995. Result: The Rule is made absolute. Case Referred to- Abdur Rahman & ors. Vs. Sultan @ Sultan and ors, 35 DLR (AD) 51. Lawyers Involved: Syed Mahmud Hossain with S......ecree there cannot be any petition filed under section 151 of the Code of Civil Procedure and thatdecree cannot be interfered with under this provision of the Code. When the aggrieved party has other remedy available, the inherent power of the Court under section 151 of the Code cannot be invoked. T..Category: Procedural Law | Date: | Hits: 112
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