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Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
....now because the detention order itself being declared illegal by a Division Bench of this Court, the proceeding is on the face of it is illegal and nullity and therefore need to be quashed. It is the alternative argument of the learned Advocate that even if it is taken that the proceeding was taken ......ner and Secretary Government of Kerala and others, 1985 Supreme Court Cases 144, Shambhu Nath Sarker Vs. Government of West Bengal and others, Supreme Court Cases 1973 (Vol. - 1) 856; Wicks Vs. Director General of Public Prosecution, 1914 Law Report (PC) 302; RP Kapor Vs. State of Punjab, AIR 1960 (......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...Category: Criminal Law | Date: | Hits: 98
Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)
....e Tribunal Rules, 1982, that as the petitioner was in the service of the Republic he was debarred from invoking the writ jurisdiction under Article 102 of the Constitution and that the petitioner had alternative remedy before the Administrative Tribunal and as such the Rule was liable to be discharg......strict‑Faridpur and 4 others........Respondents. Judgment July 11, 1990. Case Referred to- Saifur Rahman Vs. Bangladesh and others, 41 DLR 538. Lawyers Involved: AJ Mohammad Ali for Sharifuddin Chaklader, Advocate ‑For the Petitioner. Md. Delwar Hossain, Assistant Attorney......ules, 1982, that as the petitioner was in the service of the Republic he was debarred from invoking the writ jurisdiction under Article 102 of the Constitution and that the petitioner had alternative remedy before the Administrative Tribunal and as such the Rule was liable to be discharged. 8. Mr..Category: Administrative Law | Date: | Hits: 182
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ....../s. ATJ Industries Ltd. and others, 29 DLR (SC) 181; Dooni Lal Seal and another Vs. Sint. Giniya Devi Rateria and others, AIR 1970 (Cal) 452. Lawyers Involved: MI Farooque with Saleemullah ‑ For the Appellant. Zia‑Ur‑Rahman Khan ‑For the Respondent. Appeal from Appellate Decree N......enter, no suit for ejectment shall lie unless and until the lessor has served on the lessee a notice in writing (a) specifying the particular breach complained of and (b) if the breach is capable of remedy, requiring the lessee to remedy the breach; and the lessee fails, within a reasonable time fr..Category: Property Law | Date: | Hits: 87
Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)
....t the stage of investigation is not maintainable. 6. In Writ Petition No.10164 of 2007 the High Court Division held that the writ petition challenging the proceedings of the case even if there are alternative remedies available to the writ petitioners under section 561A of the Code of Criminal ......tate of Haryana Vs. Bhajan Lal, AIR 1992 SC 604. Lawyers Involved: Registrar, Joint Stock Companies and Firms and others-Respondents (In Civil Petition No.1153 of 2010.) M. Amirul Islam, Senior Advocate, (with Mrs. Tania Amir, Advocate), instructed by Shamsul Alam, Advocate-on-Record-For th....... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206...Category: Criminal Law | Date: | Hits: 70
Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)
....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......gladesh and others................Appellants Vs. Bokul Mia and others.......................................Respondents Judgment August 18, 2009. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by Zainul Abedin, Advocate-on-Record-For the Appellants. A. J. Mohammad...... to the writ petition). As per provision of Section 28 of the Acquisition and Requisition of Immovable Property Ordinance, 1982, the respondents have appropriate forum to raise their grievance, the remedy given under Article 102 of the Constitution by the High Court Division is thus liable to be s..Category: Property Law | Date: | Hits: 80
Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)
....e further submits that as soon as the plaintiff was dismissed from service of the Bank on 11.3.86 the order of suspension automatically ceased to exist and the suit became infructuous and there is no alternative remedy and as such the learned Court was quite justified in returning the plaint on the ......t August 23, 1990. Cases Referred to- AIR 1975 (Karnatak) 200, 10 DLR, 633, 21 PLD (Karachi) (1969)349; 22 DLR (SC) 389; 39 DLR, 306; Eagle Star Insurance Co. Ltd. and another Vs. The Gwalior Transport Ltd. and another, AIR 1975 (Karnatak) 200; Fazle Karim Khan Vs. Naderuzzaman and other,......bmits that as soon as the plaintiff was dismissed from service of the Bank on 11.3.86 the order of suspension automatically ceased to exist and the suit became infructuous and there is no alternative remedy and as such the learned Court was quite justified in returning the plaint on the ground that ..Category: Administrative Law | Date: | Hits: 189
Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)
....ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ......nema Hall Sramajibi Union and another.....................Respondents. Judgment June 26, 1990. Lawyers Involved: Khalilur Rahman with Sk. Abul Hossain and Syeda Afsar Islam, Advocate ‑ For the Petitioners. ML Bhowmik with SN Goswami, Advocates For the Respondent No. 1. Writ Petit......inance or the rules. That being the position the petitioners were required to move the Registrar of the trade unions in case there was breach of the said clauses (e) and (i) and before exhausting the remedy available to the petitioners before the Registrar of trade unions the petitioners could not m..Category: Labour and Industrial Law | Date: | Hits: 115
...., PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case.
Ed.
This Case is also Reported in: 43 DLR (1991) 372.
......2 AC 206); Golam Jilani Vs. Government of West Pakistan (19 DLR (SC) 403), Mir Abdul Baqi Baluch Vs. Government of Pakistan (20 DLR (SC) 294), Government of West Pakistan Vs. Begum Agha Abdul Karim Shorish‑Kashmiri (21 DLR 1); Abdul Latif Mirza Vs. Government of Bangladesh and others (31 DLR (AD) ......of public order.
9. Article 102(2)(b)(i), which confers jurisdiction upon this Court, is in the following terms:
"(2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law‑
(b) On the application of any person, make an order-
(i) directin..
Category: Constitutional Law | Date: | Hits: 178
Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)
....the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ......57; Madduria Chelly Vs. Babu Saheb, 52 IC 971; AIR 26 Mad 597; AIR 1961 Raj 196 and AIR 1973 SC 2457; Govinda Vs. Apathsahaya, AIR 1915 Mad 305; Nowab Meah Vs. Ezazuddin Ahmed, 13 DLR 554; Administrator of Wakfs Vs. Mst. Sahere Khatun, 28 DLR 238; Pitchayya Vs. Venkataramayya, AIR 1943 Mad 497; Jagg......1 who is alleged to be benamidar of defendant No. 2 should be allowed when the contract has been proved since a benamidar is permitted to transfer under section 41 of the Transfer of Property Act and remedy of the defendant No. 2, the alleged real owner lies in a separate suit contemplated under tha..Category: Civil Law | Date: | Hits: 92
Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)
....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......mmad Ershad Vs. State, 21 BLD (AD) 69; The State Vs. Metropolitan Police Commissioner, 60 DLR 660. Lawyers Involved: Md. Asaduzzaman, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the petitioner. A. F. Hasan Arif, Senior advocate (with Rafiqul Islam Miah, Senior advoca......ce in the solenama it has been categorically written that the mother of the child shall send him to his father’s house on two days every week, the writ-petitioner (respondent herein) is not without remedy and that he could take proper steps for enforcement of the terms of the solenama. The writ Be..Category: Family Law | Date: | Hits: 327
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....hese defendants the said property was de‑requisitioned but even after that defendants did not get possession because the original allottee namely the Circle Officer, Development, was to be given an alternative accommodation. Thereafter all on a sudden the SDO, Pirojpur went to the suit property ta......osite Party. Appeal from Original Decree No. 5 of 1975. Judgment Latifur Rahman J. - This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dhaka in Money Suit No. 158 of 1969 arising out of a suit for realisation ......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...Category: Civil Law | Date: | Hits: 89
Birendra Nath Chakraborty Vs. Subal Chandra Biswas and others, 1981, 10 CLC (HCD)
....ng on 4‑12‑76. (3) the learned District Judge finds fault with the learned Munsif for not assessing the evidence of OPWs 2‑6 Properly, but he himself has not assessed their evidence at all. The alternative story set up by the OPs that the petitioner had knowledge of the sale from the beginning...... of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276.......istrict Judge is directed to dispose of the Misc. Appeal within one month of the arrival of the records after intimation arrival of the same. Ed. This Case is also Reported in: 43 DLR (1991) 276...Category: Property Law | Date: | Hits: 78
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242.......others.................Opposite Parties. Judgment August 9, 1989. Cases Referred to- Dwarkanath Mandal and another Vs. Sri Gobinda Chowdhury, AIR 1929 Cal 130; Wolverhampton New Water Works Company Vs. Hawkesford, 37 LJ 248; Secretary of State Vs. Mask & Co., AIR 1940 PC 105; Rajn......f cases in which a liability may be established by statute. There is that class where there is a liability existing at common law, and which is only re‑enacted by the statute with a special form of remedy there, unless the statute contains words necessarily excluding the common law remedy, the pla..Category: Civil Law | Date: | Hits: 79
Bangladesh Road Transport Corporation Vs. M/s. Ashraf Jute Mills Ltd., 1990, 19 CLC (HCD)
....ion under sections 162 and 163 of the Companies Act inasmuch as whether the petitioner being landlords comes within the purview of the term 'creditor'. The learned Advocate submits that there are two alternative ways for the petitioner to realise the dues, one by filing a regular money suit in Civil...... order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ......roperties both movable and immovable of the above company to this Court within two months from the date of receipt of a copy of this order. Ed. This Case is also Reported in: 43 DLR (1991) 240. ..Category: Company Law | Date: | Hits: 165
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237....... (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Habibul Islam Bhuiyan J Serajul Islam ...................................Petitioner Vs. The Director General of Food..............Respondent. Judgment February 18, 1990. Result: The peti......against the petitioner. The learned Advocate for the petitioner submits that the petitioner alleged malice in law and not any personal grudge against the petitioner. We find that the extra‑ordinary remedy under Article 102 of the Constitution is not available to the petitioner in view of the provi..Category: Administrative Law | Date: | Hits: 175
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....rming the Tribunal of their inability to defend such a case without a Senior Advocate and if the Court insists on the defence lawyer to take the defence unprepared then the defence will have no other alternative but to withdraw from the case. It is the allegation of the accused Lt. General (Retd.) H...... Mohammad Ershad..............Petitioner Vs. The State ......................................Opposite Party. Judgment May 22, 1991. Cases Referred to- (1894) 1 QB 759; AIR 1966 (Mysore) 231); AIR 1940 Lahore 527); 37 CrLJ 1146, 40 CrJJ 803, AIR 1925 Oudh, 52; AIR 1938 Rajsthan 456......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
.... intention, the doctrine of constructive liability under section 34 should not be resorted to for a conviction of others for that act, And, therefore when the circumstances give rise to a number of‑alternative inferences, one of which indicates that the act done by an individual may be the result ........Respondent. Judgment April 25, 1990. Cases Referred to- State of Behar Vs. Lat. Mahto, AIR 1955 Pat. 161; Abdus Saltar Vs. State, PLD 1979 Kar 72; Bhagawat Singh & another Vs. Emperor, AIR 1929 Pat 65. Lawyers Involved: Shawkat Ali Khan with AKM Fazlul Huq Khan, Advocates ......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..Category: Criminal Law | Date: | Hits: 87
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
....s not paid. It is stated that in spite of several reminders and lastly issuance of the legal notice the defendant did not pay the repairing cost of MN Modhumati and as such the plaintiff had no other alternative but to file the suit claiming compensation for the amount as made in the prayer. 3. A...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)
....The petitioner company wrote on 10.2.92 a letter to the General Manager, Bangladesh Bank demanding respondent No.2 to give "reasons" for rejecting the lowest offer of the petitioner company or in the alternative to award the job to the petitioner. The General Manager of the Bangladesh Bank vide lett......Agragami Engineers Ltd.....................Petitioner Vs. Bangladesh Bank and others…………………Respondents Judgment November 17, 1992. Cases Referred To- International Airport Authority's case AIR 1979 (SC) 1628, Harminder Singh Arora Vs. Union of India, 1986 (3) SCC 247 ......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...Category: Others | Date: | Hits: 123
Boynuddin and others Vs. Azimuddin and others, 1989, 18 CLC (HCD)
.....3.73. Against the said order the judgment debtors‑petitioners obtained the present Rule. 4. Mr. Marfat Ali, learned Advocate appearing for the petitioners, submits that there being no statutory alternative remedy open to the petitioners against the dismissal of their objection under section 47......thers……………………..Petitioners Vs. Azimuddin and others…………………….Opposite‑Parties. Judgment August 24, 1989. Lawyers Involved: Marfat Ali, Advocate ‑ For the Petitioners, Akram Hossain Amin, Advocate ‑ For the Opposite Parties. Civil Revision ......st the said order the judgment debtors‑petitioners obtained the present Rule. 4. Mr. Marfat Ali, learned Advocate appearing for the petitioners, submits that there being no statutory alternative remedy open to the petitioners against the dismissal of their objection under section 47 of the Code..Category: Procedural Law | Date: | Hits: 83
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