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Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....pecial Magistrate was in the same Position as a private person who took upon himself to conduct a trial of the accused and to sentence him to imprisonment without any authority at all. In this latter alternative, the remedy of release by process in the nature of habeas corpus, section 491, Criminal ......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment August 1, 1994. Result: The Rule is disposed of. Cases Referred to- Dr. Muzzammel Huq Chowdhury Vs. Chief Martial Law Adminstrator and others, 32 DLR (AD) 100; Emperor Vs. Benoari Lal Sharma and others, reported in AIR (32) 1945...... was in the same Position as a private person who took upon himself to conduct a trial of the accused and to sentence him to imprisonment without any authority at all. In this latter alternative, the remedy of release by process in the nature of habeas corpus, section 491, Criminal Procedure Code wo..Category: Criminal Law | Date: | Hits: 70
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....r the plaintiff‑petitioners contends that prayer ‘ka' quoted hereinbefore contains the essential elements of declaration of title. It appears from the said prayer 'ka' of the plaint that there is alternative prayer for granting saham in respect of 11 kanis 14 gandas of land or for the quantum of....... Nowab Ali Chowdhury and 18 others…………..Opposite Parties Judgment January 18, 1995. Result: The Rule is made absolute. Lawyers Involved: Abdul Momen Chowdhury, Advocate-For the Petitioners. Kamal‑Ul Alam, Advocate‑For the Opposite Party Nos. 4 and 5. Omar Faro......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ..Category: Civil Law | Date: | Hits: 86
....at the grounds have been drawn on the materials taken as a whole. The grounds are, prejudicial to the security or interest of Bangladesh or the public safety or the maintenance of law and order. This alternative conclusions disjunctively exÂpressed were drawn from the same materials and so there is......eal is allowed.
Cases Referred To-
Jagannath Vs. State of Orissa, AIR 1966 (SC) 1140; Abdul Latif Mirza Vs. Government of BanglaÂdesh; Mahbub Anam (PLD 1959 Dacca 774); Keshab Talpade Vs. Emperor, AIR 1943 F.C.I; Shibban Lal Saksena Vs. State of Uttar Pradesh, AIR 1954 (SC) 179.
Lawyers In......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
..
Category: Criminal Law | Date: | Hits: 103
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....e stated it is crysÂtal clear from the sketch map and the report that the suit water reservoir is fairly big in size and it is in the vicinity of the Kazir bazar cattle market and the mosque and the alternative sites showing availability of the water by the residents and for the cattle market as po......Munshi Ainuddin and others, PLD 1964 (Dac.) 52, AIR 1938. Lawyers Involved: Dewan A.M.S. Zaman with Akhlaqur Rahman, Mahmud Hussain, Abdul Karim Chowdhury and Md. Shahjahan Biswas, Advocates - For the Appellants. J.N. Deb. with M.A. Matin Advocates - For the Respondents. Second Appeal No......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..Category: Property Law | Date: | Hits: 58
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
..... In the origiÂnal election petition the prayer was for declaring the election of opposite party No.1 as null and void and also to declare the election as a whole void. By the amendment petition, an alternative prayer was made to declare the petitioner as the elected Chairman of the Union Parishad.......rred to- 5 BCR (AD) (1985) 413; 28 DLR 375; 17 DLR 424; 20 DLR (SC) 211. Lawyers Involved: Shah Mohammad Sharif with Fakhrul Islam, Md. Abdus Satter Howlader and Farid Ahmed, AdvoÂcates - For the petitioner. Abdul Quayum with Yousuf Hossain Humayun, Sobodh Ranjan Dutta and Mohammad Mos......erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ..Category: Election Law | Date: | Hits: 163
....pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
......in: 41 DLR (HCD) (1989) 203.
......could have applied to the Labour Court under section 34 of the Industrial Relations Ordinance for determination of the quantum of termiÂnation benefits.
8. We do not express any opinion as to the remedy of respondent No.2 with regard to his entiÂtlement to the allegedly balance sum of Tk. 54,65..
Category: Labour and Industrial Law | Date: | Hits: 192
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. .......Petitioner Vs. B.D. Habibullah & others...................Opposite Parties Judgment December 14, 1988. Result: The Rule is made absolute. Cases Referred to- PLD 1949 Lahore 301(343); Sultan Ali Vs. Nur Hussain Habibur Rahman Vs. Election CommisÂsion, 40 DLR 459; Haji ......is not available and that too to one who is not a candidate. Claiming himself to be aggrieved by the order of the Election Commission the plaintiff according to Mr. M.A. Sobhan cannot be left without remedy and as such the Civil Court may of necessity be held to have juÂrisdiction to entertain such..Category: Election Law | Date: | Hits: 207
....that his, right or interest in the building has not been affected by the provisions of that Order." He submits that the petitioner can obtain complete relief from the Court of Settlement and since an alternative equally efficaÂcious remedy has been provided for in Section 7 of the Ordinance the app......)
Present:
Mustafa Kamal J
Nurul Huque Bhuiyan J
Begum Lutfunnessa.........................Petitioner
Vs.
The Government of BanglaÂdesh represented by the SecreÂtary, Ministry of Works, Dhaka & others.......................Respondents
Judgment
February 13, 1989.
Resu...... building has not been affected by the provisions of that Order." He submits that the petitioner can obtain complete relief from the Court of Settlement and since an alternative equally efficaÂcious remedy has been provided for in Section 7 of the Ordinance the application is not maintainable.
9..
Category: Property Law | Date: | Hits: 171
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....ent and form. It will have the effect of introducing a new controversy beÂtween the parties, a controversy which did not exist before. In our view the petitioner was not precluded from raising a new alternative defence, provided it did not affect the parties in any appreciable manner. If the amendm......ase is also Reported in: 41 DLR (HCD) (1989) 190. ......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ..Category: Property Law | Date: | Hits: 58
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......nwarul Hoque Choudhury J Kazi Ebadul Hoque J Ministry of Communication, Railway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondents Judgment March 20, 1991. Cases Referred to- Dominion of I......in the agreement and the licence itself per se is revocable, it cannot be prevented from being revoked by granting of an injunction order and even when a revocable contract is revoked even illegally, remedy lies in a suit for damages and not in injunction. 21. It is seen from a clear reading of t..Category: Civil Law | Date: | Hits: 72
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ........................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is discharged. Cases Referred to- BSIC Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41; New Dacca Industries Ltd Vs. Quamrul Huda and others,......uit by a cashier of the bank against termination leave was granted on the question of coram non judice. The suit was decreed. The Appellate Division however, set aside the decree on the view that the remedy was available before Labour Court not before a Civil Court. 38. In the case of Bangladesh ..Category: Employment/Service Law | Date: | Hits: 174
Madina Vegetable and Oil RefiÂnery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....livery of the goods. You are to inform when and where our clients can take delivery from your good selves. Please revert to us within seven (7) days of the date herewith failing which we will have no alternative but to proceed with all necessary steps including to protect our clients interest. (The ......High Court Division (Admiralty Jurisdiction) Present: AM Mahmudur Rahman J Madina Vegetable and Oil RefiÂnery Industries (Private) Limited…………………Plaintiff Vs. M T Dolores………………Defendants Judgment August 8, 1993. Result: The plaint is returned...... lading and as such the defendant 1 and defendant 5 is liable for an action in this Court for not issuing the order of delivery. Dr. Hossain vigorously pleads that it is the most effective and speedy remedy for the plaintiff to secure arrest of the ship by way of security for payment of the decretal..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
....b also submits that the amendment of the written statement could not be allowed for the purpose of determining the real question of controversy between the parties by introducing a completely new and alternative case from the one put in the original written statement. In support of his submission Mr......gment
June 22, 2004.
Result:
The Rule is vacated.
Case Referred to-
Abul Kalam Azad and another Vs. Sushar Ali and others, 46 DLR (AD) 130.
Lawyers Involved:
JN Deb, Advocate‑For the Petitioner.
Not one appears- For the Opposite Parties.
Civil Revision No. 3699 of 2002.......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51...
Category: Property Law | Date: | Hits: 71
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....earned Advocate for the petitioner, has submitted that the remedy for termination under section 19(1) is either a complaint under section 25 of the Employment of Labour (Standing Orders) Act, 1965 or alternatively under section 34 of the Industrial Relations Ordinance, 1969. But in the instant case ......1998) 22. ......nable. Therefore, the Judgment passed by the respondent No.2 is liable to be set aside. 10. To explain it further, Mr. Shafiq Ahmed, the learned Advocate for the petitioner, has submitted that the remedy for termination under section 19(1) is either a complaint under section 25 of the Employment ..Category: Labour and Industrial Law | Date: | Hits: 255
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
.... on 4.7.87 decided to make a prayer for acquisition of the land concerned for digging out another tank over about 4/5 acres of land including the complex's other lands measuring 2.50 acres to make an alternative source of income for the orphanage, and accordingly, the Deputy CommissiÂoner, Chandpur...... 727. ......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..Category: Property Law | Date: | Hits: 47
Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
.... 1976 and forwarded to Bogra District Jail and that was for the first time that the petitioner came to know about the case and in the backdrop the aforesaid circumstances he had no scope to avail the alternative statutory remedy of appeal under section 30 of the Special Powers Act, 1974. It is also ......ladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; State Vs. Imdad Ali Bepary, 36 DLR 333; State Vs. Zahir and others, 45 DLR (AD) 163. Lawyers Involved: ANM Gaziul Haque with Zafar Ahmed, Advocates - For the Petitioner. Bazlur Rahman Chhana, Assistant Attorney General - For the Respondent No.1. ...... Bogra District Jail and that was for the first time that the petitioner came to know about the case and in the backdrop the aforesaid circumstances he had no scope to avail the alternative statutory remedy of appeal under section 30 of the Special Powers Act, 1974. It is also stated that the Appell..Category: Criminal Law | Date: | Hits: 79
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ne percent over the original rate of two percent realised under the Act of 1977 was ultra vires and, as such, prayer for refund of such excess amount could not be refused on the plea of limitation or alternative remedy. The decision of the Supreme Court in the case of Shiv Sanker Dal Mills was follo......nd others, AIR 1980 (SC) 1037; Khardah and Company Limited Vs. Union of India and others, 1983 ELT 2159 (Cal); AIR 1949 (PC) 297. Lawyers Involved: Mainul Hosein with Mozammel Huq, Advocates - For the Petitioner (in both cases). Not represented - For the Respondent. Writ Petition No. 30......ver the original rate of two percent realised under the Act of 1977 was ultra vires and, as such, prayer for refund of such excess amount could not be refused on the plea of limitation or alternative remedy. The decision of the Supreme Court in the case of Shiv Sanker Dal Mills was followed by the D..Category: Fiscal/Taxation Law | Date: | Hits: 164
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......rties Judgment November 30, 1995. Result: The rule is discharged. Cases Referred to- AIR 1956 (Cal) page 428; 35 DLR (AD) 42. Lawyers Involved: Ziaur Rahman Khan, Advocate–For the petitioner. Habibul Islam Bhuiyan with Mirza Hossain Haider, Advocates–For the Opposite......d their committees with retrospective effect from 2 to 3 years, and this action was arbitrary, irregular, illegal and inequitable and hence the plaintiffs have disentitled themselves to the equitable remedy of injunction. 25. It has been further submitted by Mr. Khan that in an appellate stage t..Category: Civil Law | Date: | Hits: 85
Shamsul Haque (Md.) Vs. Bangladesh,1995, 24 CLC (HCD)
.... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ......……………………………………………………Respondents Judgment November 16, 1995. Result: The application is rejected. Lawyers Involved: Amjad Hossain, Advocate‑For the Petitioner. Writ Petition No. 2249 of 1995. Judgment AM Mahmudur Rahman J.-In this w......of Republic. The expression "action taken in relation to him as person in the service of Republic" includes the order of transfer is made in relation to a person in service of the Republic. Thus, the remedy against the orders of transfer lies before the Administrative Tribunal and not under Article ..Category: Administrative Law | Date: | Hits: 205
....here were disturbances in the university in between different sections of students as well as different groups of the teachers of the university. In the prevailing circumstances the Chancellor had no alternative but to remove the Vice-Chancellor immediately in the greater interest of the institution......Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 1.......ence by this Court.
In the result this Rule is discharged. But in 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) 1...
Category: Employment/Service Law | Date: | Hits: 158
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