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....any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
......
Appellate Division
(Civil)
Present:
SAB Mahmud Husain CJ
Ahsanuddin Choudhury J
Debesh Chandra Bhattacharya J
Fazle Munim J
Chairman, Bangladesh Ahsanupdin Steel Mills Corporation, now Bangladesh Steel and Engineering Corporation.......................Appellant (In Civ......y Order, 1972, it had no jurisdiction to release the same, there being no provisions enabling the Government to do so. For the release of this firm, the respondents No.1 to 3 could only avail of the remedy as provided in the aforesaid Order. The learned Counsel next contended that apart from the ab..
Category: Others | Date: | Hits: 154
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....) goes, it is seen that the requirements are that prior to filing an appliÂcation for setting aside an ex parte decree, the amount due under the decree or judgment most be deposited in court, in the alternative such security as may be directed to the court for the due performance of the decree or c......1981) 33 DLR (AD) 130. Lawyers Involved: Khondker Mahbubuddin Ahmed, Sr. AdvoÂcate, Abdul Hamid, Muhbuby Alam and Abdul Wahab, Advocate with him instructed by Md. Aftab Hossain, Advocate-on-Record - For the appellant. Jamiruddin Sircar, Advocate, Md. Awlad Ali, Advocate with him instructed......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ..Category: Procedural Law | Date: | Hits: 109
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....sposal of the appeal may be stated as under: 2. The plaintiff-respondent filed a suit for declaration of his title and recovery of khas possession on eviction of the defendants-appÂellants in the alternative for partition of schedule-2 lands on declaration of their title to 28 acres of land on s...... 12, 1979. Result: The appeal is allowed and the case is remanded back to the lower appellate Court. Lawyers Involved: B.N. Chowdhury, Advocate, instructed by Abdur Rob II, Advocate-on-Record - For the Appellant. Hazrat Ali Sikder, instructed by Md. Aftab Hossain Advocate-on-Record - ......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316...Category: Property Law | Date: | Hits: 79
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....The respondent No.2 submitted grievance petition as per the provision of section 25(A) of Employment of Labour (Standing Orders) Act 1965. The petitioner failed to reply the same and finding no other alternative remÂedy the respondent No.2 filed the Complaint Case before the Labour Court, Chittagon......risdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......nt or industrial establishment the respondent does not come within the meaning of 'worker' given in this definition. Since he cannot invoke the provisions of section 25 of the Standing Orders Act the remedy under secÂtion 34 of the Industrial Relation Ordinance, 1969 is not available. Such employee..Category: Labour and Industrial Law | Date: | Hits: 201
.... file conÂcise statement within 6(six) weeks and 1(one) week thereafter the respondent shall file concise statement to make the appeal ready.
Ed.
This Case is also Reported in: 9 ADC (2012) 381.......mar Khayum and others....................Respondents (In Civil Petition No.1798 of 2010)
Order
August 9, 2011.
Result:
Leave is granted.
Lawyers Involved:
Rajik-Al-Jalil, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record—For the Petitioners (In all the cases)....... terms and conditions of their service before the Administrative Tribunal as stipulated in Article 117 of the Constitution of the People's Republic of Bangladesh, that there being other efficaÂcious remedy the writ petitions filed under Article 102 of the Constitution should have been held not main..
Category: Employment/Service Law | Date: | Hits: 133
....l Court rightly rejected the same. He further submits that amendment of plaint and that of a written statement are not governed by exactly same principle. The defendant should not be allowed to bring alternative and different kind of defense, which introduces a new controversy between the parties. I......er 30, 2011.
Result:
The Rule is made absolute.
Case referred to-
Abul Kalam Azad and another Vs. Sunhar Ali and others, 46 DLR (AD) 130.
Lawyers Involved:
Probir Neogi, Advocate - for the petitioners.
Abdul Quiyum, Advocate - for opposite party No.1.
Civil Revision No. 734 o......t. No further adjournment will be allowed at the instance of the substituted defendants.
Communicate a copy of the judgment.
Faruque Ahmed J. - I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 67
S. M. Basiruddin Vs. Zahurul Islam ChowÂdhury and another, 1982, 11 CLC (AD)
....to the learned Advocate, Ayesha Khatun attained the status of full tenant on upgraÂdation and ceased to be a co-sharer-tenant of successor-in-interest of Akshoy Kumar Saha Banik. In this context, he alternatively argued that the shares of Akshoy Kumar and Rangubala having been partitioned by the de......………………Appellant Vs. Zahurul Islam ChowÂdhury and another…………………Respondents Judgment December 14, 1982. Result: The appeal is allowed and the application for pre-emption is dismissed. Cases Referred to- Brindaban Chandra Chowdhury Vs. Mosammat Rezia......e appeal is allowed with cost, the orders allowing preÂemption are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 230. ..Category: Property Law | Date: | Hits: 85
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... for his perusal and necessary action. The order of stay earlier granted by this Court stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367....... Vs. Maloti Bala Dey & others……………………Opposite Parties Judgment May 4, 1998. Result: The Rule is discharged. Lawyers Involved: Md. Faruque Ahmed, Advocate - For the Petitioner. Idrisur Rahman, Advocate - For the Opposite Party Nos. 41 and 42. Civil Rev...... entire property cannot be termed as unlawful by any means. In such a case, the co-owners out of possession have no right to oust a co-owner in possession of the entire ejmali property and their only remedy lies in a suit for partition for carving out their shares in the property in question by way ..Category: Property Law | Date: | Hits: 88
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....served a Notice Demanding Justice upon the respondent No.3 on 9-4-2006 requesting him not to disturb the petiÂtioner in exercising his lease-hold right over the quarry, but in vain. Finding no other alternative, the petitioner filed Writ Petition No.3289 of 2006 chalÂlenging the action of the Depu......Bangladesh and others…………………………Respondents Judgment February 22, 2010. Result: The Rule is made absolute. Lawyers Involved: ABM Waliur Rahman Khan, Advocate—For the Petitioner. Korunamoy Chakma, Deputy Attorney-General—For the Respondent No. 3. Writ ......judgment. Let a copy of this Judgment be immediateÂly transmitted to each of the respondents for inforÂmation and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144...Category: Property Law | Date: | Hits: 66
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....is still in seisin of the matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ......matter. Consequently, the prayer for certificate is rejected. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 329; 30 BLD (HCD) (2010) 154. ...... laws. The Court also exercises the power of Judicial review if an impugned action or decision is malafide and in case of violation of fundamental rights. 40. Judicial review is a common law remedy in England. In "Administrative Law", by HWR Wade, 6th edition, it has been mentioned at page ..Category: Constitutional Law | Date: | Hits: 270
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....s to costs. Order of the Court. In accordance with the view of the maÂjority, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 276.......€¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment May 23, 1978. Result: The appeal is allowed. Cases Referred to- Mian Jamal Shah Vs. the Member, Election Commission, Government of Pakistan, Lahore, 1966 18 DLR (SC) 1; PLD 1966 (SC) 1; Not Bell Lipuors Ltd.; Baldwin and Francis Ltd. Vs. Patent......ipality being a local authority was enÂtitled to move the writ jurisdiction of the High Court under Article 98 of the ConstiÂtution of 1962, and (2) whether the MuniciÂpality was competent to seek remedy by way of writ against the order of its Controlling Authority; (3) whether such levy under th..Category: Fiscal/Taxation Law | Date: | Hits: 156
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....6 dated 18-9-2005 are set aside. In the result, the Rule is made absolute without any order as to cost. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 123. ......solute Cases Referred to- BHBFC Vs. Shahid Sarwar Abu Hossain, 9 BLT 289=6 BLC 751; BHBFC Vs. Jahanara Begum, 16 BLD (AD) 231=49 DLR (AD) 80. Lawyers Involved: AQM Safiullah, Advocate—For the Petitioner. No one appears—For the Opposite Party. Civil Revision No.3967 of 2005. ......t proper and legal. 10. It appears that Artha Rin Adalat Ain and Bankruptcy Act both are special laws. A Law become special when it give rise to special cause of action and itself provides for its remedy. When a code complete in itself it becomes a special law. Another feature of special law is t..Category: Procedural Law | Date: | Hits: 126
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....tioner had scope to get remedy at the stage of framing charge by filing application under section 241A of the Code of Criminal Procedure. So the quashment proceeding is not maintainable when there is alternative remedy. 6. In a quashment proceeding under section 561A of the Code of Criminal Proce......€¦.Petitioner Vs. State and another……………………………….Opposite-Parties Judgment September 30, 2010. Result: The Rule is discharged. Cases Referred to- Anti-Corruption Commission Vs. Nargis Begum, 62 DLR (AD) 279; Salam Shahadat Vs. State, 14 BLC 26; Anti-Co...... the Code of Criminal Procedure can only be exercised when there is no other efficacious relief for obtaining proper justice in the cause. In the instant case, the accused-petitioner had scope to get remedy at the stage of framing charge by filing application under section 241A of the Code of Crimin..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (BangÂladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....d order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......€¦â€¦â€¦â€¦...Appellant Vs. Bangladesh…………………Respondent Judgment August 19, 1977. Result: The appeal is allowed. Lawyers Involved: Abdur Rab-II, Advocate-on-record - For the Appellant. Sultan, Hossain Khan, Deputy Attorney GeÂneral, with B.C. Roy Chowdhury......ention that agreement with the Pakistani Company could be used a shield under section 53A of the Transfer of Property Act to protect the present possession of the appellant, that the constituÂtional remedy was not available to enforce an equitable right or a right created under a contract. 5. Sp..Category: Property Law | Date: | Hits: 79
....pugned order dated 23.05.1978. Lastly it has been alleged that after passing such order of rejection, the defendants are trying to lease out the suit properties elsewhere and as such finding no other alternative the petitioner has been compelled to file this suit.
4. The opposite parties as defen......2010.
Result:
The rule is discharged.
Cases Referred to-
Sheikh Salimuddin Vs. Ataur Rahman, 43 DLR 18; Ajufannessa Vs. Safar Miah, 30 DLR (SC) 41.
Lawyers Involved:
None appears - For the petitioner.
Dr. Md. Bashir Ullah, Assistant Attorney General - For the opposite parties.
......itle Suit No.48 of 1986 are hereby affirmed.
Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 130.
..
Category: Property Law | Date: | Hits: 82
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....ng for setting aside an ex parte decree passed by an Artha Rin Adalat, is not maintainable particularly in view of Section 6 of Artha Rin Adalat Ain, 1990, or in other words, said Section 6 or in the alternative Section 20 of Artha Rin Adalat Ain, 2003 is a legal bar in proceeding with the instant s....... Mozammel Hoque Vs. Sonali Bank & another, 15 BLD (AD) 36; Habibur Rahman (Md.) Vs. Uttara Bank Ltd. & others, 11 BLC (AD) 59; Nur Islam Vs. Agrani Bank, 49 DLR (AD) 135; Anisminic Ltd. Vs. Foreign Compensation Commission, (1969)2 AC 147; Tamil Nadu Vs. Ramalinga Samigal Madam, (1985) 4 SCO......misconceived and also clearly barred by law because the Artha Rin Adalat Ain being a special legislation setting up special Court the remedies will follow as provided therein and there being specific remedy in the statute for filing appeal against the Judgment and decree of the Artha Rin Adalat. Mor..Category: Civil Law | Date: | Hits: 141
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
.... the outset to support the view of the High Court Division that the Contractor and Labour Sardars were public servants within the meanÂing of section 21 of the Penal Code but has also put forward an alternative case at the time of the hearing that Habibur Rahman, admittedly a public servant, having......ppellants Vs. The State.............................................Respondent Judgment June 30, 1977. Result: The appeal is dismissed. Cases Referred to- Balmukund Vs. Collector, Ahmednagar, A.I.R. 1935 Bombay 25; Zainul Abedin Vs. State, 9 DLR 640; C.A. Monterio Vs. The Sta......e with the judgment of brother K. Hossain J. Order of the Court In view of the opinion of the majority the appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 58. ..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....ion 160 of the Bengal Tenancy Act was wrong and that in view of the admitted case that the plaintiffs had got into the possession of the disputed land it was not necessary to consider the defendant's alternative case as to the said interest being an encumbrance. 8. The learned Judges of the High......….Appellants Vs. Safar Miah and others..........................................Respondents Judgment April 5, 1977. Result: The appeal is allowed. Cases Referred to- Midnapore Zamindaay Co. Vs. Naresh Narayan Singh LR 48; IA 49; ILR 48 Cal. 640; AIR 1922 PC 241; Krishna N......at the appeal is allowed with costs. The judgment and decree of the High Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ..Category: Property Law | Date: | Hits: 97
....edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......t of the People's Republic of Bangladesh and others...........Opposite Parties
Judgment
August 17, 2009.
Result:
The application is rejected.
Lawyers Involved:
MA Jalil, Adaocate - For the Petitioner.
Civil Order No. 3029 of 2009.
Judgment
SM Ziaul Karim J. - By this appli......415 BS and therefore he does not have any right to ask for the reliefs prayed for in the suit. If he had suffered anything for any act of defendants during subsistence of his period of lease the only remedy for him was to ask for compensation. He cannot prevent a public authority from carrying out i..
Category: Property Law | Date: | Hits: 73
....e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
......e.
Accordingly, the Award dated 8-4-2006 is hereby set aside.
There will be no order as to costs.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.
..
Category: Alternative Dispute Resolution | Date: | Hits: 385
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