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Displaying 541-560 of 1543 results.
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
....igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......pposite Parties Judgment October 6, 1983. Result: The Rule is discharged. Cases Reffered to- The State Vs. Abul Quasem, 27 DLR 342; Wazir Vs. The State, PLD 1962 W.P 405; 14 DLB (Lahore) 21. Lawyers Involved: Khan Saifur Rahman with A.K.M Aminul Islam with Mostafa Neaz Mohani...... be cancelled. There is no provision of law under which a charge-sheet once submitted can be cancelled. If the charge-sheet has been submitted by mistake, such as against a wrong person, the proper remedy lies in withdrawal from the prosecution against him under section 494 of the Code......Furthe..Category: Criminal Law | Date: | Hits: 93
Golam Ataher Chowdhury Vs. Administrator of Wakfs & others, 1984, 13 CLC (HCD)
....r as to costs. The impugned judgment and order of the learned District Judge is affirmed. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 56. ...... ......ter lies to the High Court Division (Md. Khorshed Alam Vs. Amir Sultan Ali Haider, 21 DLR 799). 8. Therefore, wherever in this special enactment necessity has been felt to provide for an appellate remedy in the Court of the District Judge or a revisional remedy to the High Court Division the Waqf..Category: Trust/Waqf Law | Date: | Hits: 121
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ....... Abdus Sobhan Talukder……………………………….Opposite Party Judgment June 11, 1996. Result: The Rule is discharged. Lawyers Involved: Md. Awlad Ali, Advocate ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No.1359 of 1989. Judgm......such order of eviction; and the decision of the District Judge on such appeal shall be final." 3. Mr. Awlad Ali, learned Advocate for the petitioner, submits that the suit is barred in view of the remedy available to the plaintiffs under sub‑section (2) of section 64 against the order passed un..Category: Trust/Waqf Law | Date: | Hits: 131
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
.... under order 7 Rule 11 of the Code of Civil Procedure merely on a plain reading of the plaint and nothing else. 54. Mixed question of law and fact means it partly on law and partly on fact. In the alternative it is not fully on law or fully on fact. It is a mixture of both law and fact that is, i......60 DLR 597; Ashak Ali Prodhania Vs. Md. Anwar Khan and others, 8 BLC (AD) 10; Abdur Rashid alias Bhulu and others Vs. Moulana Mobaswar Ahmed and others, 8 BLC (AD) 11; Muni Lal and others Vs. Kishore Chand Kanshi Ram, AIR 1927 (Lahore) 373; Pesu Malhar Bhagwan Das Vs. Bisken Das Mewa Ram, A.I.R.......aw of Limitation is a procedural law and except for section 28 where under a person, by adverse possession acquires a title in an immovable property, it does not extinguish a right, but only bars the remedy, Therefore, in a case where the remedy is barred but the exists, the law should not be strict..Category: Civil Law | Date: | Hits: 200
M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)
....ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ...... Rule is made absolute. Cases Referred to- Mahamad Kamal Vs. Ahmed Ali and others, 87 IC (1925)-746; Gajanan Chintaman Deshpande and others Vs. Karnatak Glass Industries and others, AIR 1971 Mysore, 241; Chhaganlal Sakarlal Vani Vs. Jayaram Deoraj Thakar and others, 100 IC 956; A.I.R. 1918 Pat......the date of preliminary decree and the Artha Rin Adalat on 24.4.2003 has drawn up the final decree in accordance with law and the final decree was put to execution decree within time. The petitioners remedy is not available under article 102 of the Constitution and as such the writ petition is not m..Category: Limitation Law | Date: | Hits: 162
Sharif Uddin and another Vs. Bangladesh & others, 2009, 38 CLC (HCD)
.... for the purpose. The Chairman convened a meeting of the Parishad on 5-3-2008 and three members of the Parishad remained absent and that the Parishad in the meeting dated 5-3-2008 did not take up the alternative proposal for selection of the land for UPCB sent by the UNO as an agenda of the meeting....... With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ......cality than the site approved by the Government. With the above observations, the rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011)92. ..Category: Property Law | Date: | Hits: 130
Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)
....e and the respective proceedings quashed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ......n Das Vs. Surendrd Mohan Das, 55 C.W.N. 541; Abdul Gafur Vs. Dr. D. Ahmed and the State Vs. Syed Imtiaz-uddin Hussain, 3 DLR 449; 17 DLR (Dacca), 382. Lawyers Involved: M. Jamiruddin Sircar - For the petitioners (In Criminal Revision No. 97 of 1980). Dewan A .M.S Zaman - For the peti......artnership property and further that the share of a partner in the assets of the firm cannot be determined until an account has been taken and all the debts has been discharged and as such the only remedy of a copartner in the facts as in the present cases is to ask for an account or for dissolu..Category: Criminal Law | Date: | Hits: 87
....nt of 'Censure' who are still serving under the respondent No.1.
2. Being aggrieved by the aforesaid impugned order dated 5-6-1996 passed by the respondents the petitioner had no other efficacious alternative remedy but to invoke the jurisdiction of Article 102 of the Constitution and obtain the ......
Vs.
Board of Intermediate and Secondary Education, Comilla & others………………Respondents
Judgment
May 16, 2006.
Result:
Case Referred to-
Chairman, Bangladesh Council for Scientific and Industrial Research (BCSIR) Vs. Abdul Khaleque, 43 DLR (AD) 209.
Lawyers Involv......re' who are still serving under the respondent No.1.
2. Being aggrieved by the aforesaid impugned order dated 5-6-1996 passed by the respondents the petitioner had no other efficacious alternative remedy but to invoke the jurisdiction of Article 102 of the Constitution and obtain the present Rule..
Category: Employment/Service Law | Date: | Hits: 205
Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)
....ated 21.6.2003, informed the respondent No.3, the decision of the Government to appoint the respondent No.5 as Chairman of the Managing Committee of the school (Annexure-A). As such, finding no other alternative, the petitioner obtained the instant rule. This Rule was contested by the respondent No.......s. Government of Bangladesh & Others……………………Respondent Judgment March 1, 2005. Result: The Rule is made absolute. Lawyers Involved: S. N. Goswami, Advocate - For the Petitioner. Md. Faruque Ahmed, Advocate - For the Respondent No.5. Writ Petition No.500......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ..Category: Others | Date: | Hits: 181
.... only a latter law it is also a special law hence the provisions of the Narcotics Control Act, 1990 shall prevail over the earlier laws even if there is conflict between them. Mr. Khan submits in the alternative that no harmonious construction in respect of the aforesaid two sets of laws (Drugs Cont......arged.
Case Referred to-
Union of India Vs. Ganapatrai Sagarmull, AIR 1983 Cal 14.
Lawyers Involved:
Dr. Kamal Hossain with Khandaker Mahbubuddin Ahmed and Subrata Choudhury, Advocates—For the Petitioner.
Abdur Razzaque Khan, Additional Attorney-General with SM Emdadul Hoque, Assist......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
..
Category: Others | Date: | Hits: 341
....out lawful authority and is of no legal effect.
In the facts and circumstances of the case there will not be any order as to costs.
Ed.
This case is also Reported in:49 DLR (HCD) (1997) 331.
......nd others case, BLD 1987 (AD) 106; Mesbahuddin Ahmed Vs. Government of Bangladesh and others, 47 DLR 515.
Lawyers Involved:
Moudud Ahmed with Md. Azizul Haq and A M Mahbub Uddin, Advocates ‑ For the Petitioner.
Munsurul Hoque Chowdhury, Deputy Attorney-General ‑ For the Respondent No.......ication of tender notices had been going on. By the impugned order the rights guaranteed to the petitioner under Articles 27 and 31 of the Constitution have been violated. Having no other efficacious remedy the petitioner being aggrieved filed this writ petition against the impugned order and obtain..
Category: Civil Law | Date: | Hits: 178
Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....ble on the ground that the Writ petitioner had not exhausted the appellate forum as provided under section 32(2) of the Ordinance. It is further held that the consistent view of our Courts is that an alternative remedy by way of appeal under a statue will not be a bar to, a Writ Petitioner under Art......nt April 23, 2007. Result: The Rule is made absolute. Case Referred to- Tafijul Huq Sarker Vs. Bangladesh and others, 3 BLC (AD) (1988) 135. Lawyers Involved: Md. Toufiq Inam - For the petitioner. Sufia Ahmed, Assistant Attorney-General - For the Respondents. Writ Petitio......round that the Writ petitioner had not exhausted the appellate forum as provided under section 32(2) of the Ordinance. It is further held that the consistent view of our Courts is that an alternative remedy by way of appeal under a statue will not be a bar to, a Writ Petitioner under Article 102(2) ..Category: Others | Date: | Hits: 112
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174....... Result: The petition is dismissed. Case Referred to: Guhlam Rahman vs. National Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - For the Petitioner. Not Represented – the Respondents. Civil Petition for Leave ......o consider that on the basis of the papers and documents produced by the respective parties in the trial court the striking out the name of the defendant No.5 from the plaint was the most efficacious remedy in as much as in the event of passing of a decree in favour of the plaintiff bank the defenda..Category: Civil Law | Date: | Hits: 122
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....w that the impugned order is neither mala fide nor arbitrary. 23. Mr. Md. Amir Hossain, the learned Advocate appearing for respondent Nos. 2-6 in Writ Petition No. 2736/99 submits that there is an alternative efficacious remedy available by way of appeal under Clause 30 of Annexure- ‘G’ which......h 33 DLR (AD) 201; Bangladesh Vs. Safiuddin 50 DLR (AD) 27; Erusian Equipment and Chemicals Ltd Vs. the State AIR 1975 (SC) 226; Rasbihari Panda Vs. State of Orissa AIR 1969 (SC) 1081; Ramana Vs. Authority of India AIR 1979 (SC) 1628; 41 DLR (AD) 30. Lawyers Involved: Abdul Wadud Bhuiyan with......r is neither mala fide nor arbitrary. 23. Mr. Md. Amir Hossain, the learned Advocate appearing for respondent Nos. 2-6 in Writ Petition No. 2736/99 submits that there is an alternative efficacious remedy available by way of appeal under Clause 30 of Annexure- ‘G’ which the petitioner did not ..Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....titioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......d. Mozammel Hoque J Md. Hassan Ameen J Matiur Rahman (Md.)……………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Establishment, Government of the People’s Republic or Bangladesh & others………………Respondents Judgment February 12, 1998. Result:......ndents had taken a common stand as regard maintainability of the writ application. In is their case that since the absorption in a Cadre is a service condition for enforcement of the same, the proper remedy of the petitioner is the Administrative Tribunal constituted under Article 117 of the Constit..Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......nd another.....................Opposite Parties Judgment November 16, 1995. Result: The Rule is discharged. Lawyers Involved: Tufailur Rahman with Md. Ferozur Rahman, Advocates ‑ For the Petitioners. Md. Fazlul Hoque and Md. Ozair Farooq, Advocates ‑ For the Opposite Party. ...... the learned Subordinate Judge in the impugned order dated 21‑1‑95 is, that an award may be set aside under section 30 of the Arbitration Act on the ground of misconduct by the arbitrator and the remedy is open to an aggrieved party before the Court makes the award a Rule of the Court. On all th..Category: Alternative Dispute Resolution | Date: | Hits: 521
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....German owners of the ship in the Admiralty Division of the High Court for damages. The German ship owners moved for setting aside the writ on the ground that the English Courts had no jurisdiction or alternatively that by the agreement i.e. the bill of lading the parties had agreed that all disputes...... Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964 (Cal) 141; the Eleftheria Vs. Owners of Ship or Vessel, (1969) 2 All E......e matter and we hold that even if such an award is not executable in Bangladesh as such, still opposite party Bangladesh Air Services Ltd., could, in case of success in getting an award, pursue their remedy for enforcement of the award in England under section 26 of the Arbitration Act, 1950, and ma..Category: Alternative Dispute Resolution | Date: | Hits: 304
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ......ahangir Alam Matbar………………………Opposite Parties Judgment August 21, 1983. Result: The Rule is made absolute. Lawyers Involved: M.A. Quyum with Subodh Ranjan Dutta - For the Petitioners. A. F. Hasan Ariff with Hemayetuddin Ahmed - For the Opposite Parties. Civ......re and the defendants are to be directed to maintain status quo in the suit properties. It is further contended that the petitioners instead of rushing to this Court ought to have exhausted their remedy available to them under Order 39, rule 4 as the impugned order did not attain its finality an..Category: Civil Law | Date: | Hits: 147
....oner is not entitled to the relief sought in the writ petition.
In the result the Rule is discharged without any order as to costs
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 321.
......….Respondents
Judgment
March 20, 1994.
Result:
The Rule is discharged.
Cases Referred to-
46 DLR 282; 21 DLR (SC) 225.
Lawyers Involved:
Shaikh Razzaque Ali, Advocate ‑ For the Petitioner.
None - For the Respondents.
Writ Petition No.40 or 1990 (Jessore).
Writ ......nts, illegal and without jurisdiction.
6. The petitioner in the circumstances had to move the Customs authority under the provision of Customs Act, 1969 read with Excise and Salt Act, 1944 for the remedy thereof. The Assistant Collector of Customs and Excise, Jessore vide his order dated 3‑9‑..
Category: Fiscal/Taxation Law | Date: | Hits: 278
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
....on dated 16.4.82 filed on behalf of the petitioner. We have already quoted hereinbefore the relevant portion of the said order. As a matter of fact the prosecution in its application dated 6.4.82 alternatively prayed to send back the petition of complaint to the Sub-Divisional Magistrate, for di......etitioner Vs. State and another………………………… Opposite party Judgment November 9, 1982. Result: The rule is made absolute. Lawyers Involved: Mujibur Rahman - For the Petitioner. M. Shehabullah - For the Complaint. Opposite Party No.2. AFM Shahid, Assis......ing for taking cognizance against the petitioner. It is evident that they necessarily amounted to a dismissal of the complaint under section 203 and also discharge of the accused-petitioner. The only remedy which the informant had in the facts and circumstances of the case was to approach the Sessio..Category: Criminal Law | Date: | Hits: 110
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