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Displaying 601-620 of 1543 results.
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21....... Hakim Maser and others…………………….Opposite-Parties Judgment September 14, 1986. Result: The rule is made absolute. Lawyers Involved: M.A. Kader Chowdhury, Advocate - For the Petitioner. Nikhilesh Dutta, Advocate - For the Opposite Party No.1. Civil Revision No.......issioner's report in order to delay the case He has not opposed the proposition that the order accenting Commissioner's reÂport is not appealable. He has however subÂmitted that the petitioners had remedy to move an application under section 115 C.P.C. and they were free to move this Court under s..Category: Procedural Law | Date: | Hits: 106
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....on, as her Arbitrator and requested the seller appellants to appoint their Arbitrator within 30 days from the date of service of the said notice failing which the purchaser responÂdent would have no alternative but to take shelter of the Court under the existing law. The seller appelÂlants receive......o cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......donation of delay in filing the aforesaid objections and under section 19(4) the Tribunal is duly bound to give decision on such objections. Section 20 provides for moving the High Court Division for remedy in case any party is aggrieved by the decision given under section 19. 13. So from the afo..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman ChowÂdhury and others, 1992, 21 CLC (HCD)
....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......d to- State Vs. Miah Abbas Ahmed, PLD 1989 (Lah) 377; AIR 1958 (SC) 538; MV Rajwade Vs. Dr. SM Hassan & others, AIR 1954 (Nag) 71. Lawyers Involved: Abdur Razzak, Advocate ‑ For the Petitioner. Salehuzzaman, Deputy Attorney‑General with Md. Kaiseruddin Ahmed, Deputy ......on. Comment on a can which is imminent may be a objectionable as comment after it has begun. 'Similarly, Lord Diplock was of the view that: 76 constitute a contempt of court that attracts the summary remedy, the conduct complained of must relate to some specific case in which litigation in a court o..Category: Criminal Law | Date: | Hits: 131
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......91. Result: The appeal is allowed. Case Referred To- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR page 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate-For the Appellants. Habib, Advocate ‑ For the Respondent Nos. 4 and 5. Second Appeal No......the basis of that document the defendants were in Possession thereof. The learned 1st appellate Court further held that defendants being in possession of certain portion of the land in suit, the only remedy for plaintiff lies in filing a regular partition suit it defendant Nos.8 and 9 are found to h..Category: Property Law | Date: | Hits: 122
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589....... ............Opposite Parties Judgment August 30, 1990. Result: The rules are made absolute. Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. & another Vs. Sudhangsu Bikash Nath, BCR 1987(AD) 454 = 40 ......he court below fell into an error of law in holding that the plaintiffs were not workers. 6. This leads us to the next question whether the suits will be barred for the existence of any special remedy. The learned Advocate for the petitioner urged that the plaintiffs having had a special forum..Category: Labour and Industrial Law | Date: | Hits: 176
....ted question of fact. Mr. Abu Bakr Siddique relied upon an observation in the in the case of MA Hai and others Vs. Trading Corporation of Bangladesh, 8 BLD 84 (AD) made by the Appellate Division that alternative remedy is no bar to Writ of certiorari. This is true, but which Mr. Siddique wants me to......f the People's Republic of Bangladesh and others.............Respondents
Judgment
May 21, 1995.
Result:
The application is rejected.
Case Referred to-
MA Hai and others Vs. Trading Corporation of Bangladesh, 8 BLD 84 (AD).
Lawyers Involved:
Md. Abu Bakr Siddique, Advocate - F...... of fact. Mr. Abu Bakr Siddique relied upon an observation in the in the case of MA Hai and others Vs. Trading Corporation of Bangladesh, 8 BLD 84 (AD) made by the Appellate Division that alternative remedy is no bar to Writ of certiorari. This is true, but which Mr. Siddique wants me to apply in th..
Category: Property Law | Date: | Hits: 95
....gards demolition of the structures raised by the defendants.
The Rule is accordingly disposed of. There shall be no order as to costs.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 8.......another Vs. Meghu Kurmi & others, 61 CWN 347; Sana Mia and another Vs. Prokash Chandra Bhattacharjya and others, AIR 1940 Cal. 464-44 CWN 895.
Lawyers Involved:
A.K. Badrul Huq, Advocate - For the Petitioners.
Md. Nizamul Huq, Advocate - For the Opposite Party No.1 (a).
Civil Revisi......y on establishment of such right. As the question of title of the respective parties is kept beyond the purview of such a suit the real intendment behind this provision seems to be to provide a quick remedy by way of restiÂtution of possession only. Under section 9 of the Specific Relief Act, the C..
Category: Property Law | Date: | Hits: 119
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......ir Ahmed Vs. Rabibgr Rahman Miah and others, 7 DLR 192; 21 DLA (SC) 46; 15 CLJ Page 339; 28 DLR (AD) 127; 25 DLR 96. Lawyers Involved: A J Mohammad Ali with Md. Alauddin Biswas, Advocates ‑ For the Petitioners. Azizur Rahman Chowdhury, Advocate ‑ For the Opposite Parties. Civil Revi......parties, section 35 of the Waqf Ordinance is enough to file the fresh petition in the Court of District Judge within whose jurisdiction such Waqf property or a part there‑of is situated and to seek remedy in a matter of Waqf property in the Court of District Judge, application dated 9.11.91 of the..Category: Trust/Waqf Law | Date: | Hits: 181
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ...... Adam Sahib, 1977 Mad. 368; India Cable Co. Ltd. Vs. The Union of India, 1976 Pat.76; M/s. Ganesh Trading Co. Ltd. Vs. Moji Ram 1978 (SC) 484. Lawyers Involved: S.C. Das with Rabi Sankar Chakraborty, AdvoÂcates - For the Petitioners. Moqbul Ahmed, Advocate - For the Opposite Party. Civi......ne, provided necessary conditions, such as payment of either any addition Court fees, which may be payable, or, of costs of the other side is complied with. It is only if lapse of time has barred the remedy on a newly constituted cause of action that the courts should, ordinarily, refuse prayers for..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
....id not prefer any appeal (appeal preferred being withdrawn) and it is submitted on beÂhalf of the State that the petitioner has no right to invoke the revisional jurisdiction of this court as he had alternative forum. It is to be mentioned that the petitioner could raise all these objections in the......itioner Vs. State…………………………..............Opposite Party Judgment March 7, 1988. Result: The Rule is made absolute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 86; Kazi Md. Wahidun Nabi Vs. Abdus Satter @ Monaya and ors., ...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ..Category: Criminal Law | Date: | Hits: 120
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....s which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number Âof such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences." Section 237 Cr.P.C. runs as fo......ahuddin Hossain J Qazi Shafi Uddin J Shawai @ Mohammad Hussain & others.........Appellants Vs. State........................Respondents Judgment April 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Refer......Khurshed and Sujan their appeal is dismissed and orÂder of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by SecÂretary, Ministry of Land AdminÂistration and Land Reforms and others..................................Respondents (In Writ Petition No. 425 of 1985). ......3A was omitted by Ordinance No. LXIV of 1975. 29. The respondent Nos.4-6 and their predeÂcessors, claiming as they do the disputed property as their ancestral property from time immemorial, had a remedy from 1965-1975 to file an application in the Civil Court for the purpose of correcting misÂt..Category: Property Law | Date: | Hits: 129
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
....erefore, on this ground also the review petition is maintainable in the fight of the observation made in Sir Hari Sankar Pal and another referred to above in this Judgment. Therefore, I have no other alternative but to review the order and re‑call the aforesaid Civil Order dated 2.8.1993, passed b...... Result: The Rule is made absolute. Case Referred to- Sir Hari Sankar Pal and another Vs. Anath Nath Mitter and others, 1949 (FC) 106. Lawyers Involved: Nikhilesh Datta, Advocate ‑ For the Petitioner. Golam Mohiuddin, Advocate - For the Opposite Party. Civil Rule No.210(R) of...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ..Category: Civil Law | Date: | Hits: 157
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....e submits, that Capital Ship Breakers having failed in several attempts, fighting against the bank in different proceedings like Writ Petitions, Leave Petitions and all that, finally finding no other alternative sold the mortgaged property to the appellant Ayat Steels Ltd. on 13-12-2010 while the sa......IR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usman Sons Ltd., PLD 1969 Karachi 123 (125, 126, 135, 136 para 13 and page 140 para 18); Al-Baraka Bank Vs. Rina Alam, 56 DLR 588; Dacca Match Factory Vs. Bangladesh Match Factory Co., 30 DLR 244; Nasir Mia Vs. Anwar Hossain, 48 DLR 28; Central Ba...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ..Category: Civil Law | Date: | Hits: 235
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DLR (AD) 57; 46 DLR (AD) 96; 6 DLR 473; ILR 13 (Allahabad) 30; 8 DLR 307. Lawyers Involved: Rais Uddin Ahmed, Advocate - For the Petitioner. AY Masihuzzaman, Advocate - For the Opposite Party No.1. Civil Revision No.......n further submits that an objection had been filed in the execution case by the BTTB as a Government department on behalf of the GovernÂment and that the opposite party No.1 is also pursuÂing their remedy against the Board and wanted to attach lands of Khatian No.1 which is belonging to the People..Category: Alternative Dispute Resolution | Date: | Hits: 291
..... Al-Haj Arzan All, 47 DLR (AD) 48 wherein their Lordships observed that hardship is to be considered against the circumstances existing at the time of the contract. In that case the defendant had an alternative house at Fatullah which was sold two years after the contract for sale of the suit house......ppellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is dismissed without any order as to costs.
Cases Referred to-
Sankara Lings Vs. Ratnaswami, AIR 1952 Madras 389; Qazi ......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ......ain Akhond & others.......................Opposite Party Judgment April 27, 1989. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and AppelÂlate Election Tribunal, Bhola and ors, 38 DLR (AD) 1972; 6 DLR (FC) 56; 11 DLR (SC) 200; AIR 1961 (SC) 751, 765; 13 DLR 794; 16 DLR 53......ature, design and consequences which would follow, from construing it one way or the othÂer. The purpose and the salutary rules of interpretaÂtion should be to suppress the mischief and advance the remedy and in this regard the following decisions reported in 6 DLR (FC) 56 and 11 DLR (SC) 200 may ..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....es in the official GaÂzette under Rule 41. 16. Therefore the position is that after the peÂtitioner's name was published in the official Gazette on May 29th 1988, all aggrieved candidates had an alternative forum before the Election Tribunal to present an election petition within 30 days from t...... Referred to- Kanta Devi and another Vs. State of Rajasthan and others, AIR 1957 Rajasthan 134. Lawyers Involved: Syed Ishtiaq Ahmed with Mvi. Md. Wahidullah and Md. Feroz Shah, Advocates - For the PetitionÂer. Shaukat Ali Khan with Gour Gopal Saha, AdÂvocates - For the added Responden......ute itself. There can be no estoppel against the statÂute. The Gazette notification declaring the petitioner as Chairman was published on the 29th May 1988 and anyone aggrieved thereby had the only remedy by filing an election petition before the Election TribuÂnal. The Election Commission became..Category: Election Law | Date: | Hits: 216
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ore me. I affirm the judgment and decree of the lower apÂpellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408....... Miaji and others Vs. Eakub Ali and others, 12 DLR 708; Muhammad Muzaffar Khan Vs. Muhammad Yusuf Khan, 11 DLR (SC) 78. Lawyers Involved: M. Fazlul Karim, with Mustafa Kamal Pasha, Advocate—For the Petitioners. AKM Abdul Hakim, Advocate—For the OpÂposite Party. Civil Revisional Cas......e has got the right to recovÂer possession of the land he was dispossessed. If anybody is aggrieved by such exclusive possesÂsion of a portion of joint land let him go to the partition suit for his remedy but so long that is not done then the possession of the co-sharer of the specific land must b..Category: Property Law | Date: | Hits: 95
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....tance in this Rule, which is accordingly discharged, withÂout any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......€¦Petitioners Vs. Geasuddin Ahmed & Others…………………………Opposite Parties Judgment September 1, 1986. Result: The Rule is discharged. Cases Referred to- Attorney-General Vs. Ashbowene RC, (1903) I Chancery 101; Devonport Corporation Vs. Tozer, (1901) I Cha......or the simple reason that when a Statute imposes a particular negative or a positive duty and the Statute itself provided a penalty for its breach, the said penalty would be deemed to be the adequate remedy in law and an individual would not be entiÂtled to enjoin the wrongdoer unless a particular ..Category: Civil Law | Date: | Hits: 178
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