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....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
...... and others……………Respondents
Judgment
January 17, 2010
Result:
The appeal is dismissed.
Cases Referred to-
IFIC Bank Vs. Abdul Quayum, 4 BLC (AD) 255; Ismat Zerin Khan Vs. World Bank, 11 MLR (AD) 58 = 58 DLR (AD) 1; Rupali Bank Ltd. Vs. Md. Arab Ali, 7 BLC (AD) 1; 7 BLD 36......cate for the appellant has submitted that since the Appellate Division found that the appellant is a public servant. He is not a servant as defined in the labour law, so, the instant suit is his only remedy and as such the trial Court committed illegality in rejectÂing the plaint. The finding of th..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....nd after selling of the mortgage property the preliminary decree shall be made final. He next contends that writ petition against judgment and decree passed by Artha Rin Adalat is not maintainable as alternative forum of appeal is available under section 41 of the Ain. He further contends that admit......by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......as to costs. 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: 63 DLR (HCD) (2011) 354. ..Category: Civil Law | Date: | Hits: 269
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. .................................................Opposite Party Judgment August 31, 1987. Result: The appeal is allowed. Lawyers Involved: Mainul Hosein with Joynul Abedin, AdvoÂcates - For the Appellant. S. B. Barua, Advocate - For the State. Criminal Appeal No.325 of 1987. Ju......loanecs to repay the secured loan being civil in nature, he can not be convicted u/s. 16 read with section 2(f)(viii) of the Special Powers Act merely for default in this payment of loan. Appropriate remedy for the Shilpa Bank is to take acÂtion under Article 33 or 34 or 35 of P.O. No.129 of 1972. ..Category: Criminal Law | Date: | Hits: 108
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....heir ancestors beyond 20 years within the knowledge, notice and acquiescence of the defendants petitioners peacefully and without any inÂterruption. Further case of the plaintiff is that there is no alternative pathway for them to go out and enÂter into the said homestead. The defendant petitioner......and others 25 DLR 327; Abdul Hafiz and others Vs. Mafizuddin and others 7 DLR, 577; Girijanandini Devi Vs. Bijendra Narain Chowdhury A.I.R. 1967 S.C. 1124; Mahmud Ali and another Vs. Bangladesh & ors. 1986 BLD (AD) 56. Lawyers Involved: M.A. Mannan, Advocate—For the Petitioners. Md. A......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....ressed and the order of suspension is to be passed with prior approval of the Govt. The orÂder must ex-facie show that the prescribed auÂthority formed his opinion on cither of the two grounds. The alternative ground set out in the section postulates application of mind of the auÂthority on mater......Khan J Emdadul Hoque Miah............................Petitioner Vs. The People's Republic of Bangladesh............Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. SecreÂtary, Min......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
.... or wrongly by the learned Sessions Judge stopping the proceedings and discharging the accused persons under the now repealed provisions of section 167(7) of the Code and, as such, prosecution had no alternative but to approach the District Magistrate for revival of the case under the now repealed p......¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment November 27, 1995. Result: The Rule is discharged. Lawyers Involved: Kazi Golam mahbub, Abdus Sobhan with Mamnur Rashid, Advocates ‑ For the Petitioner. AS Mamun, Assistant Attorney-General - For the State. Criminal Revision No.......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148...Category: Criminal Law | Date: | Hits: 82
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
....plaintiff 3-5 had no interest in the suit land, got the names of the said plaintiffs 3‑5 illegally struck off from the plaint, for which they have been seriously prejudiced and they having no other alternative remedy open, have filed the application under section 151 CPC. The trial Court after hea......25, 1995. Result: The Rule is discharged. Cases Referred to- Tripura Charan Chowdhury and others Vs. Girish Ch. Chowdhury, 7 DLR 466. Lawyers Involved: Faruque Ahmed, Advocate ‑ For Petitioner. Md. Abdul Halim with Md. Md. Enamul Huq Advocates - For the opposite party. Civ......5 had no interest in the suit land, got the names of the said plaintiffs 3‑5 illegally struck off from the plaint, for which they have been seriously prejudiced and they having no other alternative remedy open, have filed the application under section 151 CPC. The trial Court after hearing the app..Category: Procedural Law | Date: | Hits: 124
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....y bread." Art. 39 which guarantees freedom of conscience and thought and not subject to any reasonable restriction imposed by law, therefore would relate to this private liberty to choose between two alternatives as directed by his sense of moral values, in those areas of life where the result of on......ed summarily. Cases Referred to- Anwar Hossain Vs. Bangladesh; Madathil Ahmed Haji Vs. Muthana Kunshiram Kurup and another, AIR 1954 (Madras) 360; Hind Vs. The Queen 1976 1 All England Reports (PC) page 253. Lawyers Involved: Amir‑ul‑Islam with Zakir Ahmed, Md. Nurul Huda......n Election Petition which is the only process of challenging the election, conducted under a law made by the Parliament in pursuance of Article 48, came before the writ jurisdiction when he had other remedy before the Tribunal to challenge the election which they have not done. 34. I have read..Category: Constitutional Law | Date: | Hits: 414
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....€‘in‑reply filed by the petitioner. 11. The contention of the respondent No.4 is that the present writ petition under Article 102 of the Constitution is not maintainable as the petitioner had alternative and efficacious remedies under the Code of Criminal Procedure and that the instant Rule ...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Md. Badiuzzaman J SM Shafiul Azam and others………………………Petitioners Vs. The Director of Labour and others…………………………Respondents Judgment June 11, 1991.......this court under section 561A of the Code of Criminal Procedure if it was necessary to prevent the abuse of the process of the court or to secure the ends of justice. The petitioners have efficacious remedy under the Code of Criminal Procedure. Though we have held that according of permission under ..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....Advocate for the petitioner also, submits that the former President having passed the order for allotment of the land to the affected persons the petitioner, being the Chairman of RAJUK, had no other alternative but to carry out his order and no mala fide could be attributed to his act which was don......dul Ali and another Vs. State 30 DLR 58; Bangladesh Vs. Ten Kheng Hock, 31 DLR (AD) 69; Hasanuddin Vs. State, 34 DLR 287. Lawyers Involved: Abdul Malek with Jamiruddin Ahmed and Amatun Noor Begum, Advocates ‑ For the Petitioner. Aminul Huq, Attorney‑General with Amirul Kabir C......rocess of the court and to do the real and substantial justice for the administration of which alone the court exists.’’ 14. The inherent jurisdiction should not be invoked where some other remedy is available. The jurisdiction given by section 561A is not an alternative jurisdiction nor a..Category: Criminal Law | Date: | Hits: 81
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
.... would have been required to deposit the entire amount so demanded by the respondents of the petitioner and as such, the forum of appeal as has been provided in the Customs Act was not an efficacious alternative forum for seeking remedy as against the demand made through the notice dated 12-3-94. Th.............eposit the entire amount so demanded by the respondents of the petitioner and as such, the forum of appeal as has been provided in the Customs Act was not an efficacious alternative forum for seeking remedy as against the demand made through the notice dated 12-3-94. This contention of the petitione..Category: Fiscal/Taxation Law | Date: | Hits: 189
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Petitioner Vs. Habibullah Sheikh……………………………Opposite Party Judgment January 11, 1989. Result: The Rule is made absolute without any order as to costs. Cases Referred to- 29 DLR 301; 9 DLR 89; 5 DLR 451; 8 DLR 258; Sasadher Gh....... 5. On appeal the Subordinate Judge dismissed the appeal on the ground, inter alia, that the Bengal Tenancy Act, 1885 was repealed by the State AcquiÂsition and Tenancy Act, 1951 and as such the remedy available under the repealed Act was not available to the petitioner at the relevant time and..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....sis the general damages may either be awarded to the plaintiff according to the method of capitalization on annuity basis, or by capitalizing the reduction in income for a number of years, or a third alternative method may be adopted, that is, damages may be assessed according to the extent of tire ......……Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed in part. Life is a bundle of incident. Every child is born with expectation of life and with constitutional guaranteed right of basic requirements for livi......s defined, and it would seem that the question is ultimately one of fact to be decided in the light of general principles. 32. The suggestion does, however, leave open the relationship between the remedy provided by the law of tort and the various other possible sources of compensation to the vic..Category: Civil Law | Date: | Hits: 339
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The imÂpugned order be set aside and the Rule be made absoÂlute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......Md. Shamsul Huq, 27 DLR (AD) 1; Safiuddin Ahmed Siddiqui Vs. The Deputy Custodian, Enemy Property Management Board, 31 DLR page 107; Md. Ayub Vs. Bangladesh represented by the Secretary, Ministry of Works and other, 39 DLR (AD) 111; AIR 1960 (J & K) 67; Banarash Das Durga Prashad Vs. Panna Lal R......ies for adjudication of the case. Their Lordships have spelt out that one test which has been recognized as of great importance is that if in the absence of a party the Court cannot give an effective remedy that party is a necessary party. Besides, in order that a party may be considered a necessary..Category: Procedural Law | Date: | Hits: 193
.....
In the result, the Rule is discharged without any order as to costs.
The stay order granted by this Court earlier is vacated.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 33.
......o Reported in: 42 DLR (HCD) (1993) 33.
......he Bangladesh Petroleum Act, 1974 and Section 2 of the General Clauses Act and submitted that the Respondent No.1 is a "local authority" and as such, Article 102 of the Constitution is available as a remedy against any act done by it.
13. In this connection, we refer to Article 102 of the Constit..
Category: Others | Date: | Hits: 227
Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)
....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ...... Cal 689 (F.B);Umia-shankar Naranji Vs. Shivshankar Prabhashankar, 1944 Bom (D.B) 239; Damodar Prashad & others Vs. Ram Charan & others, 1957 Tat 143; Ajoy Kumar Devi Vs. Manindra Nath Chakraboriy, 32 Cal. 561; Ashfaqul Hossain 1923 Oudh. 252; Mst. Kalpa Vs. Sita Ram & another 1955 All 1...... and no appeal against the order recording comproÂmise lies and as such this appeal is not maintainaÂble. The learned Advocate for the appellant, on the other hand, submitted that the appellant had remedy both by way of appeal from the decree itself as well as from an order recording compromise un..Category: Property Law | Date: | Hits: 109
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ...... ......anding Orders) Act is a beneficial legislation enacted for the purpose of protecting interests, of the workers in the Industrial and Commercial Establishments. Section 25 gives a worker right to seek remedy before the Labour Court against his dismissal, discharge, retrenchment, layoff or removal fro..Category: Labour and Industrial Law | Date: | Hits: 177
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......din and others………………………..Respondents (In both the appeals) Judgment May 25, 2004. Result: The appeals are dismissed. Cases Referred to- Bangladesh Vs. Dhaka Steel Works Limited, 45 DLR (AD) 69; People's Republic of Bangladesh and others Vs. A.T.J. Industries, 28 D......ght the suit property in the hotchpot for adjudication in the said suit. Rather the plaintiff respondent No.1 having relinquished his claim in respect of the suit property now cannot seek any further remedy from the Court against the defendant No.4 knowing fully well that by virtue of a deed of tran..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....training the BSRS in disposing of the machineries of the petitioners under the aforesaid Article and Rules and it is now well settled that the remedy provided by this Article 34 is an independent and alternative remedy available to the BSRS and against the decree granted by the District Judge under ...... Rooks Vs. Barnard (1964) AC 1129; Saif Ali Vs. Mitchell and Co. (1980) AC 198; See (1939) IKB 194, (1953 CH 280 and (1958) 1 WLR 563. Lawyers Involved: Ozair Farooque, Advocate—For the Petitioner. AKM Nazrul Islam with Abdullah-Al-Mamun, Advocates—For the Respondents...... so when no injunction order was passed by this Court restraining the BSRS in disposing of the machineries of the petitioners under the aforesaid Article and Rules and it is now well settled that the remedy provided by this Article 34 is an independent and alternative remedy available to the BSRS an..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......AFM Shah Alam Vs. Mujibul Huq and others, 41 DLR (AD) 68=1989 BLD (AD) 78; Abdul Hamid Khan Vs. Miah Nurul,Islam and others, 42 DLR (AD) 49. Lawyers Involved: Abdur Razzak, Advocate ‑ For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney‑General ‑For the Respondent. ......rman for publication of his name in the Official Gazette ID the Election Commission and the Commission had no option but to publish the result in the Official Gazette and the aggrieved person has his remedy before the Election Tribunal. In support of his contention he referred to the case of Hussain..Category: Election Law | Date: | Hits: 177
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