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Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)
....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......AIR 1972 Cal 50; Harish Chandra Vs. Kavindra Narain Sina and others, AIR 1936 All (FB) 830. Lawyers Involved: Dr. Rafiqur Rahman with M A Wahab, M L Bhowmik and Emdad Chowdhury, Advocates‑‑For the Petitioners. SC Das with Subrata Chowdhury, Advocates‑For the Opposite Party No.1. Cr......the share certificates to the complainant has already obtained a decree with respect and to the non‑delivery of the share certificates which has already been upheld upto the Appellate Division. His remedy lies in executing the decree in the Civil Court and not in the Criminal Court. 13. Dr. Raf..Category: Criminal Law | Date: | Hits: 89
Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)
....st be deemed to be acquainted with the law of contempt and his ignorance of law is no excuse. The learned Advocate, however, submitted that he has withdrawn his earlier counter‑affidavit setting up alternative facts and circumstances justifying his action and in the present affidavit, submitted wi...... Vs. Md. Shahjahan and others..........Opposite Parties Judgment August 14, 1990. Case Referred to- AIR 1961, Supreme Court, at page 1367. Lawyers Involved: Md. Abdur Rahim ‑ For the Petitioner. Md. Latifur Rahman ‑ For Contemner Nos.2‑3. Shaikh Razzaqure Ali - For ......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..Category: Criminal Law | Date: | Hits: 84
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......q Vs. Crown, 6 DLR (FC) 56; Ali Sher Vs. State, 18 DLR (WP) 112; Muslimuddin and others Vs. State, 38 DLR (AD) 311; Zaheda Begum and another Vs. State, BLD 1985 (HCD) 9; Nazir Ahmed Vs. The King Emperor, AIR 1933 (PC) 253; Habibur Rahman alias Habib Vs. The State, BCR 1986(HCD) 278; Rustom Ali and o......, it will not be excluded under the provision of section 162 Criminal Procedure Code. The salutary rule is that statutory provisions should be construed so as to suppress the mischief and advance the remedy". 28. In the case of Ali Sher Vs. The State reported in 18 DLR (WP) at page 112 it was hel..Category: Criminal Law | Date: | Hits: 110
....without the same being determined by competent authority or settled up by the civil Court. As a matter of fact sub‑section 5 of section 21 of the Bangladesh Krishi Bank Order, 1973 has left such an alternative to the respondent Bank.
13. The learned Advocate for the petitioner also urged upon u......ourt
High Court Division
(Special Original Jurisdiction)
Present:
AKM Sadeque J
Mainur Reza Chowdhury J
MM Enterprise Limited, 224, Bara Maghbazar, Dhaka, represented by its Director, Syed Tazammul Hussain……………Petitioner
Vs.
General Certificate Officer, Collectora......e case few words about the jurisdiction is to be recorded. It was submitted by Mr. Fazlul Karim, the learned Advocate for the respondent Bank that sections 34 and 51 of the PDR Act, 1913 has provided remedy by way of suit and appeal. It was submitted on behalf of the respondent No.2 that section 34 ..
Category: Civil Law | Date: | Hits: 99
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......ur consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. .......2003 to 31.05.2007, Section 6(b), (c) and (e) of the General Clauses Act enables the prosecution to continue with the legal proceeding or to institute any legal proceeding or to take recourse to any remedy which might have been effective before the repeal of the Act for getting remedy in respect of..Category: Civil Law | Date: | Hits: 238
....ese are collateral evidence of title of the defendant, not of the plaintiff. So, it does not help the plaintiff. In 42 DLR (AD) 225, it has been held that the defendants have no burden to prove their alternative story. We do not find how this decision supports the plaintiff's case, instead of helpin......se is also Reported in: 63 DLR (2011) 666.
......ourt Records along with the copies of the judgment to the court below.
Communicate the order at once.
MA Hye J.-I agree
This Case is also Reported in: 63 DLR (2011) 666.
..
Category: Property Law | Date: | Hits: 89
Shahabuddin (Md) Vs. Secretary, Ministry of Youth and Sports and others, 1991, 20 CLC (HCD)
....tition before this Court under Article 102(2)(a)(ii) of the Constitution, therefore, is not maintainable on the grounds stated above. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 360. ......ginal Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Shahabuddin (Md)......................Petitioner Vs. Secretary, Ministry of Youth and Sports and others.....................Respondents Judgment May 2, 1991. Lawyers Involved: ......(1) of the Constitution. 3. This is an application under Article 102(2) (a) (ii) of the Constitution which provides that the High Court Division may, if satisfied that no other equally efficacious remedy is provided by law, on the application of any person aggrieved, make an order declaring that ..Category: Constitutional Law | Date: | Hits: 165
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
.... Appeal No.323 of 1969 is hereby set aside and those of 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) 79. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondents Judgment May 7, 1991. Case Referred to- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate‑For the Appellants. Habib Ahmed, 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 if defendant Nos. 8 and 9 are found to ..Category: Property Law | Date: | Hits: 91
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
.... contention is overruled. For all these reasons I find no substance in this case. The Rule is, accordingly, discharged with costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 63.......1933 Nag 369; Ganpati Singh Vs. Ramgopal, AIR 1941 Nag 322; Official Trustee Vs. Monmothonath, AIR 1953 Cal.399; Mohammad Shareef and others Vs. Bashir Ahmed and others, AIR 1983 MP 44; Harijan Wood Workers Production‑Cum‑S ales Co‑operatives Society Ltd. Vs. Smt. Maya Wati and another, AIR 19......tion in exercise of its power under section 151 of the Code. Precisely, this question was also agitated in the case of Saleh Ahmed Vs. Ilias Majhi (Supra). It was held in that case that there being a remedy open to a third party by way of a separate suit, there was no room for exercise of the inhere..Category: Civil Law | Date: | Hits: 89
....ion has been passed mala fide to harass the employee. In the case of Government of East Pakistan Vs. Md. Hossain Ali, 8 PLR 1958 (Dacca) 820 it was observed:
"Mr. Khondker had, therefore, no other alternative but to take up the extreme position that the order of suspension was bad, because the pl......Mohammad Habibur Rahman J
KM Hasan J
Dr. Syed Mahbubur Rahman......................Petitioner
Vs.
Bangladesh University of Engineering and TechnoÂlogy, represented by its Vice Chancellor and another..................Respondents
Judgment
August 13, 1991.
Result:
The Rule i......o Manner of application in the instant case. But he submits that as the impugned action is not disciplinary action, the provision of appeal is not attracted and that the petitioner has no efficacious remedy otherwise than by an application under Article 102 of the Constitution. He further submits th..
Category: Employment/Service Law | Date: | Hits: 155
Government of BanglaÂdesh and others Vs. Excellent Corporation, 2010, 39 CLC (AD)
.... without any order as to cost. The Judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 148, 16 MLR (AD) (2011) 433, 8 LG (AD) (2011) 190. ......ammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of BanglaÂdesh and others..........Appellants Vs. Excellent Corporation…………………………............Respondent Judgment July 15, 2010. Case...... that there was an agreement to pay comÂmission to writ petitioner, such commission could be recovered by invoking writ jurisdiction. The answer to this point is in negative. The writ petiÂtioner's remedy lies in the civil Court for recovery of the money as per terms of the agreement. 14. This ..Category: Business or Commercial Law | Date: | Hits: 267
Bangladesh and another Vs. Md. Abdul Karim, 2011, 40 CLC (AD)
....rselves from making any comment about its merit and leave the matter to the Administrative Appellate Tribunal for its decision. 18. In the backdrop of the case as discussed above, we find no other alternative but to send the case back on remand to the Administrative AppelÂlate Tribunal for dispo......her..........................Petitioners Vs. Md. Abdul Karim.......................................Respondent Judgment May 22, 2011. Lawyers Involved: Karunamoy Chakma, Deputy Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Sheik Mohammad M......e Administrative Appellate Tribunal, Dhaka. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 143, 31 BLD (AD) (2011) 117, 8 LG (AD) (2011) 159, 16 MLR (AD) (2010) 361, VIII ADC (2011) 589. ..Category: Administrative Law | Date: | Hits: 181
Mohiuddin Ahmed and others Vs. Lutfur Rahman and another, 1990, 19 CLC (HCD)
....s against the respondent No.1 were withdrawn by the petitioner No.1. As the respondent No.1 totally failed to fulfill the terms and conditions of the agreement as stated above the petitioners have no alternative but to file this application under section 38 of the Companies Act for rectification of ......nd another……………Respondents. Judgment May 31, 1990. Cases Referred to- Sirish Chandra Das Vs. Sri Sri Chhatteswari Debi Bigraha, 38 DLR (AD) 283; AR Shaw Vs. The Diamond Rock Boring Company Ltd., 1877 QB Division (Vol. 11) 463; United Planters and Traders Ltd. Vs. Md. Mosharr......oners in place of the name of respondent No.1 in respect of the shares which the petitioners had held on 8.3.85 in the above company. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 48. ..Category: Company Law | Date: | Hits: 159
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
....he Constitution. Original Article 4 of PO 17 of 1973 was violative of the aforesaid provision of the Constitution. 6. In view of the said provision of the Constitution the legislature had no other alternative but to amend the original Article 4 of PO No.17 of 1973 by Ordinance No.47 of 1986 to re......ondents Judgment April 2, 1991. Cases referred to- Grey Vs. Pearson, (1857) 6 HLC 61,106; Duke of Buccleuch, (1889) 15 PC 86, 96. Lawyers Involved: Mohammad Mohsen Rashid, Advocate-For the Petitioners. Abdul Wadud Bhuiyan, Additional Attorney‑General‑For the Respondent. W...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....edings in Special Tribunal Case No.121 of 1991 and No.118 of 1991 pending before the Special Tribunal, Dhaka are not without lawful authority and also not liable to be quashed and that as there is an alternative remedy under section 561A of the Code of Criminal Procedure, the petitioners are not ent...... Union of India and others Vs. Haji Mastan Mirza, AIR 1984 (SC) 681; Moazzem Hossain Chowdhury Vs. Bangladesh and others, 43 DLR 186; Dr. MO Ghani Vs. ANM Mahmood, PLD 1966 Supreme Court 802; Director of Public Prosecutions Vs. Head (1958), 1 All ER 679 (6861) Sultan Ali Naghiana, AIR 1949 (Lahore......ecial Tribunal Case No.121 of 1991 and No.118 of 1991 pending before the Special Tribunal, Dhaka are not without lawful authority and also not liable to be quashed and that as there is an alternative remedy under section 561A of the Code of Criminal Procedure, the petitioners are not entitled to mov..Category: Criminal Law | Date: | Hits: 88
Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)
.... 28.02.2010 passed by the High Court Division in Contempt Petition No. 156 of 2009 and 83 of 2009 be stayed till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 361. ......J Imman Ali J Mohammad Mahbubur Rahman…….............Petitioners (In both the cases) Vs. G.M Mostafa and another…........Respondents (In Civil Petition No. 655 of 2010) Shanaz Noor and another……………........Respondents (In Civil Petition No. 656 of 2010) Order Mar......ul Islam, learned Counsel for the petitioners submits that it was only reasonable and conscionable to allow the adjournment application to give an opporÂtunity to the petitioner to pursue his lawful remedy and not to pass any order to defeat the cause of justice of the Republic and of the property...Category: Others | Date: | Hits: 118
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....njunction is rejected. In the result the Rule is made absolutely without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ......€¦â€¦â€¦â€¦â€¦â€¦.Opposite Parties Judgment April 7, 1993. Cases Referred To- Serajul Islam Vs. Mizanur Rahman, 29 DLR (SC) 82. Lawyers Involved: Mihir Kanti Mazumder, Advocate- for the petitioners. SK Sinha, Advocate- for the opposite party. Civil Revision No.1003 of 1991...... possession of an ejmali property with the family members as such procedure would be inconvenient and lead to breach of peace. The proper course in such a case would be to leave the purchaser to his remedy by a separate suit for partition. But in the instant case the plaintiff did not do so, he onl..Category: Property Law | Date: | Hits: 101
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ............Respondents Judgment January 27, 2011. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003), section 33(7) The writ petition does not have any averment that the petitioner did not mortgage the property in favour of the respondent-bank, or statement whether he was a party in the Ar......ction 33(7) of the Artha Rin Adalat Ain, 2003 in due course of an execution proceedings, and that the writ petitioner resorted under a wrong forum by filing the present writ petition, however, he has remedy in a competent civil Court. 6. We have examined the writ petition, supplementary affidavit..Category: Civil Law | Date: | Hits: 85
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....Rahman, the learned Deputy Attorney‑General appearing for the respondents, submits that since the petitioner was absent when the case was called on for hearing, the Court of Settlement had no other alternative but to dismiss the suit for default. 6. This submission of the learned Deputy Attorne......, Court of Settlement, Bangladesh Abandoned  Building, Segunbagicha, Dhaka and others……….....Respondents Judgment March 30, 1993. Lawyers Involved: Md. Fazlul Karim, Advocate ‑ For the Petitioner. AK Mujibur Rahman, Deputy Attorney General ‑ For the Respondents. Writ Pe......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304...Category: Procedural Law | Date: | Hits: 59
....oner Md. Mohsin Kabir continued to reside in the said house in spite of the judgment of the Court of Settlement, respondent No.3 was unable to get possession of the case property and having no other alternative she (respondent No.3) obtained Rule Nisi (Writ Petition No.424 of 1989) on 27.2.1990 aga...... Bains and others Vs. Government of Bangladesh and others, 1987 BLD (AD) 121; Md. Ayub Vs. Bangladesh, BCR 1987 AD 350.
Lawyers Involved:
Abdul Basel Mazumder with Zainal Abedin, Advocates ‑ For the Petitioner.
Syed Ziaul Karim, Advocate ‑ For the Respondent No.3.
Writ Petition No......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
..
Category: Property Law | Date: | Hits: 86
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