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Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ...... 11, 1993. Cases Referred To- Rani Hemanta Kumari Vs. Midnapur Zamindari Co. Ltd., 24 CWN 177 (PC); Md. ldris Mia Vs. Abdul Motaleb, 17 DLR 599. Lawyers Involved: Nurul Huq, Advocate ‑ For Appellants. Not represented ‑ the Respondent. Appeal from Appellate Decree No. 198 of 19......t High Courts of the sub‑continent held that the suit was maintainable rejecting contention of the learned Advocate of the defendants that an execution proceeding and not a suit was the appropriate remedy for the plaintiff to enforce the compromise decree in respect of the stipulation to transfer ..Category: Property Law | Date: | Hits: 88
....itioners have filed one writ petition in representative character seeking the same relief and as such the petition is not maintainable. He also submits that there being available to the petitioner an alternative remedy by way of appeal and the petitioners having not availed the same, the present pet......nt of Pakistan, PLD 1961 (SC) 537; Chief Commissioner Karachi Vs. Mrs. Dina Sohrah Katrak, PLD 1959 (SC) 45; Gopi Vs. Himachal Pradesh Government, AIR 1966 Him. 8 (V 53 C 3); Stuart Vs. Anderson and Morrison, 2 All ER 665 at page 671.
Lawyers Involved:
Amirul Islam with Kazi Shahabuddin and Md......e filed one writ petition in representative character seeking the same relief and as such the petition is not maintainable. He also submits that there being available to the petitioner an alternative remedy by way of appeal and the petitioners having not availed the same, the present petition is not..
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....ontest the revision case due to the non‑service of the notice. In the present case, according to the learned Counsel, the provision of section 151 of CPC is very much attracted as there is no other alternative provision for getting remedy for the wrong done to the petitioner for no fault of his ow......anik and others Vs. Md. Mokarram Hossain, 29 DLR (SC) 185; Mayajan Bibi Vs. Monohar Ali, 39 DLR 68; Arjun Singh Vs. Monindra Kumar, AIR 1964, 993; Bashir Begum Vs. Mian Abdul Rahman, PLD 1963 (WP) Lahore 408; Sher Muhammad and others Vs. Khuda Bux and another, PLD 1961 (Lab.) 579: AR lyer and others......e non‑service of the notice. In the present case, according to the learned Counsel, the provision of section 151 of CPC is very much attracted as there is no other alternative provision for getting remedy for the wrong done to the petitioner for no fault of his own. The learned Counsel submits tha..Category: Property Law | Date: | Hits: 90
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....after, the Official Liquidator shall as meet up the claims of the creditors in accordance with law with the permission of this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......d. This Case is also Reported in: 45 DLR (HCD) (1993) 282. ......2(1) or proceeding with or commencing a suit or other legal proceedings against the company within the meaning of section 171 that leave of the Court is necessary and if no such leave is obtained the remedy cannot be availed of by the secured creditor." 16. It is further held that leave of the C..Category: Company Law | Date: | Hits: 193
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 293. ......t Vs. Md. Amir Hossain and others………………………….Respondents Judgment March 18, 2009. Cases Referred To- Kanda and others Vs. Waghu 3 DLR (PC) 311; REMCO Industries Works House Building Co-operative Society Vs. Lakshmeesha M. and others AIR 2003 SC 3167. Lawyers ......had misled the parties in the matter of adducÂing evidence at the trial of the suit and consequent thereupon remand as provided for in Order XLI rule 25 of the Code of Civil Procedure being the only remedy in such as situation High Court Division erred in not allowing the defendant's application un..Category: Property Law | Date: | Hits: 112
Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)
....accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ......mber 18, 1990. Case Referred to- Rafiqul Alam Vs. Mostafa Kamal & others, 42 DLR (AD) 137. Lawyers Involved: Syed Azizul Huq with AY Masihuzzaman and Syed Moyeenul Huq Advocates ‑ For the petitioner. Aminul Huq with Abdul Gani Talukder, Advocates ‑ For Opposite party No. 1. ......o remain so accepted, done almost in a hurry till the election is over. But it can be challenged and re‑agitated after the election. That must be so because when there is a wrong there must exist a remedy and that remedy being postponed till the election is over there is no question of any waiver ..Category: Election Law | Date: | Hits: 156
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....ceed with the Execution Case No. 14 of 1981 according to law. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 540. ...... Chandra, AIR 1981 All 280; Valchand Gulabchand Shah Vs. Manekbai Hirachand Shah and others, 1953 Bom. 127; Moti Ram Vs. Nannu Prashad, 26 All 335. Lawyers Involved: SR Karmaker, Advocate ‑ For the Petitioner. Md. Nurul Huq with Shamim Khaled Ahmed, Advocate ‑For the Opposite Parties. ...... Executing Court. 2. Mr. SR Karmaker contends that in view of provision of section 47 C.P.C. the appeal being incompetent the impugned order of the appellate Court was without jurisdiction and the remedy of the opposite parties lies in a properly constituted separate suit and not in the execution..Category: Procedural Law | Date: | Hits: 81
Atash Ali and others Vs. Rebati Mohan Sarker and 3 others, 1990, 19 CLC (HCD)
....t; the Rule is discharged. The learned Munsif is directed to proceed with the case in accordance with the case in accordance with the law. Ed. This Case is also Reported in: 43 DLR (1991) 539. ...... Atash Ali and others..............................Petitioners Vs. Rebati Mohan Sarker and 3 others..........Opposite Parties. Judgment April 19, 1990. Cases Referred to- Trading Corporation of Bangladesh and others Vs. Syed Sajeduzzman, 40 DLR (AD) 406; Rafiqul Islam Vs. A. Kala...... Abu Taher Chowdhury submits that the order vacating the order rejecting the petition for temporary injunction and fixing the same upon an application under section 151 was illegal in that a specific remedy is provided in Order 47 C.P.C. by way of review and also in Order 43 rule 1 (r) by way of app..Category: Civil Law | Date: | Hits: 93
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
.... should be exercised sparingly with great care and caution only for the purpose as defined in this section itself. 14. This power though unlimited should be exercised only in 3 cases when no other alternative remedy is generally available under the Code or to make such order or orders as may be n...... Bepari Vs. The State, 31 DLR 241; Abdul Huq & others Vs. The State, 29 DLR 427; 30 DLR (SC) 58; 31 DLR (SC) 69; 15 DLR (SC) 150; 28 DLR (SC) 38. Lawyers Involved: M Shamsul Alam, Deputy Attorney‑General with Md. Hefzu Bari, Advocate ‑ For the Petitioner. Jamiruddin Sircar with Asad......xercised sparingly with great care and caution only for the purpose as defined in this section itself. 14. This power though unlimited should be exercised only in 3 cases when no other alternative remedy is generally available under the Code or to make such order or orders as may be necessary to ..Category: Criminal Law | Date: | Hits: 72
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......an Khan J Motaleb @ Mutu and others.................Petitioners Vs. The State.........................................Opposite Party. Judgment June 5, 1990. Cases Referred to- Khorshed Alam Vs. State, 35 DLR 401; Abdur Razzaque Vs. State, 35 DLR 103. Lawyers Involved: Jam......ation as the record of the case was before him". 9. In the case of Abdur Razzaque, Accused Petitioner Vs. State and another reported in 35 DLR 103 following observation has been made: "The only remedy which the informant had in the fact and circumstances of the case was to approach the Session..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......ase Referred to- M/s. United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Lines, 28 DLR 231. Lawyers Involved: Sultan Ahmed, Deputy Advocate-General AM Mahmudue Rahman, Assistant Attorney General, Ismailuddin Sarkar, Assistant Attorney General-For the Appellant. M. Hafizullah, N......here is no allegation that the defendants were trying to remove the lighterage concerned from the jurisdiction of the court concerned. The second contention of Mr. Hafizullah is that there is another remedy available under the provisions of Private International Law and as such the application under..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....e Government accepted the proposal and ordered for transfer of the land on payment of tk.4,80,000.00. The Port Authority duly deposited the money on 5.1.63. The Relief Department accordingly arranged alternative accommodation for the refugees in the nearby Housing Estate. But the refugees who were g......€¦â€¦â€¦â€¦â€¦â€¦â€¦..Petitioners Vs. Deputy Commissioner, Khulna and others………………..Respondents Judgment May 25, 1992. Lawyers Involved: Sk Afzalur Rahman, Advocate ‑ For Petitioners. QA Hossain, Assistant Attorney‑General ‑ For Respondent Nos. 1-4. Writ Pet......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
.... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. Â ...... Judgment April 29, 2009. Cases Referred To- Principal Secretary, President's Secretariat, Dhaka and others Vs. Mahtabuddin Ahmed, 42 DLR (AD) 214; 42 DLR (HCD) 1. Lawyers Involved: Morad Reza, Additional Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record-For or ......rs made or senÂtences passed in exercise or purported exercise of such powers' 22. In view of the above, upon revocation of the proclamation of the Martial Law on 10th November, 1986, barring the remedy in respect of the pending review applicaÂtions against the order passed under MLO 9 of 1982 ..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ...... Co. Ltd. and others………………….Petitioners Vs. Chairman, Labour Court and others……………......Respondents Judgment June 13, 1991. Case Referred To- Railway Men's Store Ltd. Vs. Chairman, Labour Court, Chittagong, 30 DLR (SC) 251; James Finlay and Co. Ltd. Vs. The ......direction from the Labour Court to open the industry by instituting a case under section 34 of the Ordinance and the Labour Court has no such power to make such order and the workers are left with no remedy except that as provided in section 9 of the Act during the period by were laid‑off. Thus, w..Category: Labour and Industrial Law | Date: | Hits: 129
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....n appeal before the Appellate Authority in Appeal Case No.1 of 1993 on 7.1.93 but it was rejected with the finding that the decision of the Returning Officer is final. 3. The petitioner finding no alternative, filed an application before the Election Commission but the respondent No.1 rejected th......Petitioner Vs. Election Commission and others……………………..…..Respondents Judgment January 28, 1993. Case Referred to- Regina Vs. Medical Appeal Tribunal, ex parte Gilmore, 1957 IQB at page 583. Lawyers Involved: M Amirul Islam with Md. Nurul Huda and Raquibul H......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..Category: Election Law | Date: | Hits: 126
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....ken to construct the link road by the southern side of petitioners' building as per drawing dated 9.5.90 and thereby frustrating petitioners' appeal to the Prime Minister. Petitioners having no other alternative than to move this Court. 3. Case of the petitioners in Writ Petition No.611 of 1992 i......t July 29, 1992. Case Referred To- Sufia Khatun Vs. Secretary, Revenue, 20 DLR (SC) 18. Lawyers Involved: Khondkar Mahbubuddin Ahmed with Tofazzel Islam and ABM Bayazid, Advocates ‑ For Petitioners (In Writ Petition No. 554 and 1059 of 1992). S R Pal with Tofazzal Islam and ABM B...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..Category: Property Law | Date: | Hits: 79
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....od and bad for her being conversant with worldly affairs. She expressed her strong determination not to go to the custody of her father. She also expressed her desire to go with her husband or in the alternative remain in the judicial custody till she is set at liberty in exercise of her free will. ......afar Khan Vs. Muhammad Ashraf Bhatti, PLD 1975 (Lah) 234; Bindu Vs. Mst. Bugli, 73 PR 1909; AIR 1932 (Kah) 280; AIR 1938 Cal. 71; PLD 1949 Lah 75. Lawyers Involved: Ruhul Amin II, Advocate ‑ For the Petitioner. Md. Abdur Rashid, Advocate ‑ For the Opposite Party. Criminal Revision No......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......ll India Bank Employees Association Vs. The National Industrial Tribunal (Bank Disputes) Bombay, AIR 1962 (SC) page 171. Lawyers Involved: Khan Saifur Rahman with AKM Zahirul Huq, Advocates ‑For the Petitioners. Giasuddin Ahmed, Advocate ‑ For the Respondents. Writ Petition No.1903 ...... register the union and issue a certificate of registration and in spite of these specific provisions for appeal against the Order of rejection the petitioner filed this writ without exhausting other remedy available and therefore the rule is not even maintainable. 7. We have heard the parties th..Category: Labour and Industrial Law | Date: | Hits: 204
Bangladesh Anjuman‑eÂ-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
.... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ......e Court High Court Division (Special Original Jurisdiction) Present: Sultan Hossain Khan J AM Mahmudur Rahman J Bangladesh Anjuman‑eÂ-Ahmadiyya, represented by its Secretary, Umoor‑e-Ama…………………..Petitioner Vs. Secretary, Ministry of Home Affairs.................sued without any lawful authority and is of no legal effect. 2. The respondent has filed an affidavit‑in opposition and opposed the Rule. The respondent has contended that there being a specific remedy available under section 99B of the Code of Criminal Procedure for setting aside the order of ..Category: Constitutional Law | Date: | Hits: 204
Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. .........................Petitioner Vs. Munsur Ahmed (Md.) and others..........................Opposite Parties. Judgment April 19, 1990. Lawyers Involved: Abdus Salam Khan, Advocate ‑ For the Petitioner. Syed Badrul Alam, Advocate ‑ For the Opposite Party. Civil Revision No. 8......gnizable by it. Therefore, the contention of the learned Advocate seems to be of substance. 3. Mr. Salam also submits that an application under section 25 of the Small Cause Courts Act is the only remedy provided for in a case where the SCC suit is dismissed for default. Section 25 of the Small C..Category: Procedural Law | Date: | Hits: 104
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