Judgment search - Chancery Law Chronicles

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Ashraf Miah (Md.) Vs. State, 2003, 32 CLC (HCD)

....se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ......…………………………………………………Opposite-Party Judgment March 17, 2003. Result: The Rule is made absolute. Lawyers Involved: AKM Shamsul Haque, Advocate—For the Petitioner. MU Ahmed, Assistant Attorney-General—For the State. Criminal Miscellaneou......spute arose out of an agreement to purchase 4-storied building and since the accused petitioner as per contract did not execute and register a transfer kabala in favour of the informant, the proper remedy in such a case lies in filing a suit in the Civil Court and not a criminal proceeding as the ..

Category: Criminal Law | Date: | Hits: 99

Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)

.... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ......ducation, and others………………………………………..Respondents Judgment April 28, 2003. Result: The Rule is made absolute. Lawyers Involved: Abdul Hoque, Advocate—For the Petitioner. Altafur Rahman, Deputy Attorney-General with Farah Mahbub, Assistant Attorney-......nd in the scale of Taka 6150‑225x16‑9750. On 23‑7-2002 the petitioner made a representation to respondent No.2 against such placement but received no response. Having found no other efficacious remedy, the petitioner moved this Division under Article 102 of the Constitution and obtained the ab..

Category: Employment/Service Law | Date: | Hits: 147

Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

.... such function in connection with the affairs of the Republic nor the Society is a local authority as contemplated under Article 102(2)(a)(ii) of the Constitution. He further submits that there being alternative efficacious remedy available under Article 68 of the order the application itself is......esult: The Rule is made absolute in part. Case Referred to- Bangladesh Co-operatives Insurance Ltd. Vs. Md. AbdulKhaleque Khan, 4 BLC (AD) 136. Lawyers Involved: SM Monir, Advocate - For Petitioners. AF Hasan Ariff with AM Mahbub Uddin, Advocates - For Respondent Nos. 3-5 & 7-......ed to irresistible opinion that this application is maintainable. 6. To appreciate the second branch of submission of Mr. AF Hasan Ariff that in view of Article 68 of the order other efficacious remedy being available this application is not maintainable under Article 102 of the Constitution...

Category: Civil Law | Date: | Hits: 169

Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)

....arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400....... of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......t and the suit stood dismissed for not impleading those persons as parties and also for not seeking consequential relief. The last view taken was that the plaintiff by the amendment was attempting to remedy the gross latches on his part and the defendant side (petitioner) would sustain irreparable l..

Category: Civil Law | Date: | Hits: 200

Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)

....ed by the defendant No.1. 6. The plaintiff-petitioner has produced the bainapatra Ext.1 from his rightful custody and the defendant No.1 has admitted her L.T.I, therein. She has however given an alternative story as to how she came to put her L.T.I, in the alleged bainapatra. When the defendant......ovember 6, 1989. Result: The result the Rule is made absolute. Cases Referred to- Dabindar Singh Vs. Mst. Lachmindar AIR 1930 Lah 985. Lawyers Involved: Gour Gopal Saha, Advocate—For the Petitioner. Amjad Hossain, Advocate — For the Opposite Party No.1. Civil Revision No.......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344...

Category: Property Law | Date: | Hits: 133

Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)

.... the result the appeal is dismissed without costs. The Judgement and decree passed by the learned Subordinate Judge, Dhaka is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 335......................Respondents Judgment June 28, 1989 Result: The appeal is dismissed. Cases Referred to- Maharaja Bhupendra Chandra Singha Sarma and other Vs. Sudhindra Ch. Singha and ors, 5 DLR 142; Mst. Ghulam Ilahi Vs. Muhammad Waris Khan, 10 DLR (FC) 174; Abdul Gani Talukder alia......itled to enjoy a joint property and, if he enjoys to the exclusion of the other co-sharers and in excess of his own share, he cannot be forcibly evicted from the joint land.................. The remedy of the co-sharer not in actual possession is to bring a suit for partition and get a decree f..

Category: Property Law | Date: | Hits: 135

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)

....ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ...............Opposite Parties Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Company Vs. Hawkesford, 37 L.J. 248; Mian Sultan Ali Nanghiana Vs. Mian Nur Hussain P.L.D. 19...... of cases in which a liability may be established by statute. There is that class where there is a liability existing at common law, and which is only re-enacted by the statute with a special form of remedy there, unless the statute contains words necessarily excluding the common law remedy, the p..

Category: Labour and Industrial Law | Date: | Hits: 179

Bhawal Raj Estate Court of Wards Vs. Rajdhani Unnayan Kartripakkha and another, 1998, 27 CLC (HCD)

....he result, the Rule is discharged but without any order as to costs. Consequently the injunction granted by this Court is also vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 462.......t of Wards……………….Petitioner Vs. Rajdhani Unnayan Kartripakkha and another…………...Respondents Judgment August 12, 1998. Result: The Rule is discharged without any order as to costs. Lawyers Involved: Dr. Kamal Hossain with Md. Shahidul Alam Chowdhury, Advoc......y decided the matter. 6. Mr. Shahidul Alam Chowdhury being confronted with the question as to what fundamental rights of his client has been violated by the impugned order calling for invoking the remedy under Article 102 of the Constitution submits that his client although has no such right to e..

Category: Property Law | Date: | Hits: 248

Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)

.... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452.......��……………………………….Respondent (Company Appeal No.13 of 1991) Judgment July 8, 1992. Result: Both the appeals are allowed. Cases Referred to- Food Controller Vs. Cork, 1923 AC 647; Kennedy 1896(1) Ch. Division 762; 1897 AC 80; 1895 to 99 All ER (reprint) 408; MK ......endment or proceeding with or commencing a suit or other legal proceedings against the company within the meaning of s. 171 that leave of the Court was necessary and if no such leave was obtained the remedy could not be availed of by the secured creditor." 21. As to the appearance of the BSRS in ..

Category: Company Law | Date: | Hits: 317

Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ...... others………………..…………...Petitioners. Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Land Administration & Land Reforms, Bangladesh Secretariat, Dhaka and others ………………………………Respondents. ......e of the case suffers from laches and inordinate delay and they cannot now be allowed to disturb the status quo regarding possession in the disputed land after such long period of time. Extraordinary remedy provided by writ petitions under Article 102 of the. Constitution is for speedy relief and is..

Category: Property Law | Date: | Hits: 121

Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)

....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......eferred to- Afaq Ahmed Ansari Vs. Zamir Hossain Ansari, PLD 1955 Sind 282; Amin & Co. Vs. Province of East Pakistan, I8 DLR 629. Lawyers Involved: Dewan A M S Zaman, Advocate‑For the Petitioner. Nazrul Islam Chowdhury and Md. Abdur Rab, Advocates- For the Opposite parti...... arbitration agreement or award, nor shall any arbitration agreement or award be set aside, modified or in any way affected otherwise than as provided in this Act." Then section 33 provides the remedy to any party objecting to any reference or an award. Section 33 is to the following effect: ..

Category: Alternative Dispute Resolution | Date: | Hits: 362

Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)

....d without lawful authority and to be of no legal effect. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 420.......ineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The Rule is made absolute. Cases Referred to- Mozahar Sowdagor Vs. M. Zahirul Alam, General Manager, Bangladesh Shipping Corporation & others, 40 DLR (AD) 6......o existence. Here the Government functions in the capacity as a tenderer e.g. an ordinary buyer, if there Is a breach of such contract the aggrieved party can sue for damages or any other appropriate remedy. But not by way of invoking the writ jurisdiction." In para 29 their Lordships also obs..

Category: Property Law | Date: | Hits: 133

Saifur Rahman Vs. Bangladesh through the Secretary, Ministry of Agriculture and others, 1989, 18 CLC (HCD)

.... is discharged without any order as to costs. Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 538........Petitioner Vs. Bangladesh through the Secretary, Ministry of Agriculture and others...............Respondents Judgment June 12, 1989. Result: The Rule is discharged without any order as to costs. Lawyers Involved: Khondker Mahbubuddin Ahmed with Fida M. Kamal, Advocates ......day, the Government-respondents have not complied with this direction. 14. Article 102(2)(a)(i) of our Constitution empowers the High Court Division, if satisfied that no other equally efficacious remedy is provided by law, to make an order on the application of any person aggrieved, inter alia..

Category: Administrative Law | Date: | Hits: 445

Bangladesh House Building Finance Corporation Vs. Chairman, First Labour Court & others, 1989, 18 CLC (HCD)

....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 341. ......41. ......tion in a collateral proceeding:- "13. The reason can be stated in the words of Asquith, LJ. "It is undoubtedly good law that where a statute creates a right and in plain language gives a specific remedy or appoints a specific tribunal for its enforcement, a party seeking to enforce that right mu..

Category: Procedural Law | Date: | Hits: 273

Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)

.... of abode of the intending plaintiff; and unless such notice is proved, the Court shall dismiss the suit. In view of the provisions of section 109(1) of the Chittagong Port Act, 1914 the Court has no alternative but to dismiss the suit where the plaintiff fails to comply with the mandatory requireme......s Case is also Reported in: 41 DLR (HCD) (1989) 332. ......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ..

Category: Business or Commercial Law | Date: | Hits: 397

Sankar Gopal Chatterjee & others Vs. Additional Commissioner, Dhaka Division & others, 1989, 18 CLC (HCD)

....he notice under Section 3 also shows that it was not signed by the Deputy Commissioner. It was signed by the Land Acquisition Officer, Mymensingh. In the absence of any authorization we have no other alternative but to hold that the order under Section 3 and the notice under Section 3 were passed an......itional Commissioner, Dhaka Division & others................Respondents Judgment March 7, 1989. Result: The Rule is made absolute. Lawyers Involved: Abdur Rashid, Advocate - For the Petitioner. Fakhrul Islam, Assistant Attorney General with G.A. Mannan, Assistant Attorney......ailable to them after the Additional Commissioner passed his order. Since the proceedings have been found by us to be without jurisdiction, the petitioners need not have pursued any other alternative remedy. For all the above reasons we hold that the impugned orders have been passed without lawfu..

Category: Property Law | Date: | Hits: 116

Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)

....ferring to those, submits that those are major contradictions which cast serious doubt over the prosecution case and as such the appellant is entitled to be acquitted on benefit of doubt. 8. As an alternative and second line of argument, Mr. Khan submits that even if the ejahar story and part of ......dent Judgment February 26, 2012. Result: The criminal appeal is dismissed with the alteration and modification. Lawyers Involved: Z. I. Khan Panna with Md. Nurul Islam, Advocates - For the Appellant. Mrs. Syeda Rabia Begum, Assistant Attorney General - For the Respondent. Cri......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 102

Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)

....hority' 13. The learned Advocate also refers to a case of Sazedur Rahman Vs. Secretary Ministry of Establishment reported in 50 DLR 407 in which this Court decided that even in the presence of the alternative remedy the petitioner instead of the going to the Administrative Tribunal can come befor......esh Vs. Shamsul Haque, 12 MLR (AD) 25 = 59 DLR (AD) 54; Sazedur Rahman Vs. Secretary Ministry of Establishment, 50 DLR 407; Mozibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Serajul Islam Vs. The Director General of Food, 42 DLR (AD) 199; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra......3. The learned Advocate also refers to a case of Sazedur Rahman Vs. Secretary Ministry of Establishment reported in 50 DLR 407 in which this Court decided that even in the presence of the alternative remedy the petitioner instead of the going to the Administrative Tribunal can come before this Court..

Category: Administrative Law | Date: | Hits: 421

Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)

.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......ther.....................Petitioners Vs. Artha Rin Adalat and another………………………….Respondents Judgment August 24, 2010. Result: The rule is discharged and the stay order granted earlier stands vacated. Case Referred to- The Oriental Bank Ltd. Vs. Artha Rin A......g evidence. Moreover, the petitioners filed this writ petition against an order dated 23-11-2008 disallowing the Misc Case No.117 of 2008 filed under section 19 of the Ain. Therefore, the petitioners remedy is before the appellate forum in view of the provision of section 41 of the Ain. 14. Furth..

Category: Civil Law | Date: | Hits: 157

Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)

....946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......ial Original Jurisdiction) Present: AFM Abdur Rahman J SM Emdadul Hoque J Abdul Kashem......………………Petitioner Vs. University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is mad......ed section of the University and that there are discrepancy in respect of alphabet of his name and hence he would not return back the same to him. Having failed to get back his said papers and proper remedy the petitioner submitted an application to the respondent No.2 on 9-2-2005 praying for return..

Category: Others | Date: | Hits: 186

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