Search Options
Judgment Advanced Search
Displaying 1001-1020 of 1543 results.
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......ngdom Mutual SS Association (1891) 1 QB 370; Pacquin vs. Beanclerk (1906) AC 148; Elbinger AG Fur Fabrication von Eisonbahn Material vs. Clay (1873) LR, 8 QB 313; Teheran Euro Ltd. vs. ST Bolton Tractor Ltd. (1986) 2 All ER 886; Paton vs. British Pregnancy Advisory Services Trustees (1979 QB 276); S......hrase “irreparability of loss” is not necessarily confined to a situation where monetary compensation is deemed insufficient. The phrase goes beyond that limit and also embraces a situation where remedy available from the Common Law is nominal, or cumbersome to obtain or where monetary award wil..Category: Civil Law | Date: | Hits: 164
....tions was being heard by the High Court Division. Therefore, they out of their sincerity informed that in the circumstances they would pray for extension of time in Matter No.60 of 2003 or in the alternative they would apply for extension of time in Matter No.2 of 2000 for holding the AGM. There...... ADC (2010) 971....... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971...
Category: Criminal Law | Date: | Hits: 60
....i and Swamibagh Shishu Parks originally leased to the petitioner by lease agreement dated 19.02.2002 and for a direction upon the respondent Nos. 1-3 in the writ petition to immediately assign an alternative site for the petitioner to set up its "Wonderland Park" presently situated at Gulshan ......953. ...... accordingly the leave petition is dismissed without prejudice to the earlier orders passed by the High Court Division and this Division.
Ed.
This Case is also Reported in: VII ADC (2010) 953. ..
Category: Property Law | Date: | Hits: 55
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ...... Present: ATM Fazle Kabir J Feroz Uddin…………………………Appellant Vs. Eshan Re-Rolling Mill Ltd………Respondent Judgment July 19, 2009. Cases Referred To- kishore kumar Vs. T.K. Corporation Ltd. (2004) 13; Sayeed Ishaque Memon Vs. Ansari Naseer Ahmed and anot......ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ..Category: Criminal Law | Date: | Hits: 57
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
.... an appeal under Regulation 47 of the Regulation-1990 before the Board of Members of the Bangladesh Sericulture Board, Rajshahi. But the said office refused to receive the same. Then finding no other alternative, the petitioner sent the appeal by registered post with A.D on 19.01.2002 which was of n......ed by it’s Chairman, Police Station- Boalia, District-Rajshahi and others……..……….Respondents Judgment August 19, 2009. Lawyers Involved: Sheikh Muhd. Serajul Islam, Advocate-For the Petitioners. Mahbub Shafique, with Kazi Kamrul Alam, Advocate-For the Respondent No.1-3. ......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ..Category: Employment/Service Law | Date: | Hits: 104
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......ate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ...... for the encashment of the guarantee and in the event of the defendant No. 1 going out of the tidal water of Bangladesh /and out of the jurisdiction of this Admiralty Court the plaintiff will have no remedy other than the remedy sought for in the plaint. 3. After filing the plaint the plaintiff p..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
.... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ......…………………………….Petitioners Vs. Aminur Rahman Chowdhury and others………………...Respondents Judgment December 13, 2009. Lawyers Involved: Abdur Razzak, Senior Advocate, Instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Abul Kala...... The submission of the learned Advocate for the petitioner that the High Court Division committed wrong in directing to hand over office of Chairmanship which fell vacant by operation of law and only remedy to fill up the said office was by holding election has no substance. We do not find any sub..Category: Election Law | Date: | Hits: 96
Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)
....ring on behalf of the respondents- defendants submits that although a Civil Revision is pending before the learned District Judge and fixed the stay petition on 18.01.2011 for hearing but they had no alternative because of the order dated 10.01.2011 directing them to handover the charge within 7(sev......………………………….Petitioner Vs. Kamal Uddin Sabuj and others………………………….. Respondents Order January 19, 2011. Lawyers Involved: M. Amirul Islam, Senior Advocate (with S.M. Rezaul Karim, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record- F...... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ..Category: Civil Law | Date: | Hits: 91
....stitution was brought into force, nineteen Judges have been appointed and everyone of them was so appointed on the recommendation of the Chief Justice of the Supreme Court. I do not know if any other alternative can be devised for this purpose. The Chief Justice of the Supreme Court is, I think, rig...... accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
......ourt's power under Article 102(2). The Court must be ever vigilant against abuse of the exercise of power of the person in the Republic. The right exercised by a person is a right to a constitutional remedy and the jurisdiction invoked is a constitutional jurisdiction.
349. In view of Article 148..
Category: Constitutional Law | Date: | Hits: 252
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
....rarily at a minimum price instead of average price. After examination of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982) it appears that there is an alternative statutory remedy available for the aggrieved party for filing an application/appeal agai......mail Miah………………………………....Petitioner Vs. Bangladesh and others…………………Respondents Judgment June 21, 2009. Lawyers Involved: A.K. Badrul Huq, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Bivash Cha......essed the compensation in terms of the lowest price instead of average lowest and highest price, resulting, the writ petitioners have been deprived of 100% and the appellate authority can only give remedy up to 10% as per section 34 of the said Ordinance and as such, the High Court Division ought ..Category: Property Law | Date: | Hits: 25
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....pect of suits instituted therein. The section has conferred upon the appellate Court fourfold powers, which include the power to remand a case to the Court below. However, these powers are not one alternative to the other. Nor is the appellate Court at liberty to choose a particular form of power...... Referred- Promotha Nath Mazumdar vs. Nagendra Nath Mazumdar 33 CWN 1211; Abdus Samad and others vs. Md. Sohrab and others, 1981 BLD (AD) 77. Lawyers Involved: M Enayetur Rahim, Advocate—For the Petitioner. Opposite Party No. 1—Appeared in person and represented himself. Civil Re......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...Category: Property Law | Date: | Hits: 37
....hushil Ranjan Dutta Vs. Alhaj Moulvi Idris Mia, 42 DLR (AD) 110, setting aside an order of this Division, the Appellate Division allowed an amendment of the application for preemption for adding an alternative prayer for preemption as a tenant holding land contiguous to the land transferred, on th..............Opposite Parties
Judgment
July 21, 2002.
Cases Referred To-
Malik & Huq and another Vs. Muhammad Shamsul Islam Chowdhury, 13 DLR (SC) 228; Gopal Das Vs. Mul Raj, AIR 1937 Lahore 389; Krishna Aiyar Vs. Pachiappa Chetty and others, AIR 1924 Madras 883; Surat Sarder Vs. Afzal ......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
..
Category: Procedural Law | Date: | Hits: 60
....ndent No. 2, on the other hand, supported the finding and direction given by the learned Subordinate Judge. He submitted that the writ petition was not maintainable as the writ petitioner could avail alternative remedy by way of filing an appeal against the direction given by the learned Subordinate......50; Sarwarjan Bhuiyan vs. Bangladesh 44 DLR 447; Fazlur Rahman Akhond (Md.) and 5 others vs. Government of Bangladesh and others, 52 DLR (AD) 116.
Lawyers Involved:
Syed Ziaul Karim, Advocate- For the Petitioner.
Shamsuddin Babul, Advocate- For the Respondents.
Writ Petition No. 743 of 1...... on the other hand, supported the finding and direction given by the learned Subordinate Judge. He submitted that the writ petition was not maintainable as the writ petitioner could avail alternative remedy by way of filing an appeal against the direction given by the learned Subordinate Judge in hi..
Category: Civil Law | Date: | Hits: 76
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....set aside on appeal or on review under Order XLVII rule 1 CPC”. The Supreme Court answered the point as hereunder, “In view of the facts and circumstances of the case, even if there were an alternative remedy, it would not bar the exercise of power under section 152 of the Code by the Cour...... SCC 1; Indian Bank vs. Satyam Fibres (India) Pvt. Ltd. 1996(5) SCC 550; Lazarus Estate Ltd. Vs. Beasley, 1956(1) QB 702. Lawyers Involved: Ajmalul Hossain with Aminul Islam Monda, Advocates—For the Opposite Party No.1 Applicant. Maqbul Ahmed, Advocate—For the Petitioners. Civil Orde...... appeal or on review under Order XLVII rule 1 CPC”. The Supreme Court answered the point as hereunder, “In view of the facts and circumstances of the case, even if there were an alternative remedy, it would not bar the exercise of power under section 152 of the Code by the Court. Section 1..Category: Civil Law | Date: | Hits: 125
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......visional Jurisdiction) Present: DM Ansaruddin Ahmed J Md. Shahabuddin...................................Petitioner Vs. The Janata Bank, Bangladesh represented by the Managing Director & others...........Opposite Parties Judgment November 30, 1988. Cases Referred to- ......ntiffs' services, and in Title Appeal No. 142 of 1986 has raised a new question as to the proper forum of the suit (Title Suit No. 188 of 1985) being the Administrative Tribunal. According to him the remedy of plaintiff Md. Shahabuddin of the other suit lies in the Labour Court presumably for the re..Category: Employment/Service Law | Date: | Hits: 76
Abdul Mukit Chowdhury Vs. The Chief Election Commissioner & others, 1988, 17 CLC (HCD)
....nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57....... Returning Officer Namakkl, AIR 1952 (S.C.) 64, New India Tea Co. Vs. Bangladesh, 31 DLR (AD) 303. Lawyers Involved: Khondker Mahbubuddin Ahmed with B.K. Das, Mirza Hussain Haider, Advocates—For the Petitioner. S.R. Paul with S.K. Sinha, Advocates— For the Respondents. Writ Petition ...... was prepared by Presiding Officer in presence of all the candidates or the representatives after the poll was over. 5. Mr. Khondker Mahbubuddin Ahmed, the learned Counsel submits that the special remedy is a remedy available before the Election Tribunal relates only to election disputes to be de..Category: Election Law | Date: | Hits: 119
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51.............................................Respondents Judgment December 8, 1988. Lawyers Involved: Dr. Kamal Hossain, with Amirul Islam, J.N. Deb, B.K. Das and Kazi Shahabuddin, Advocates—For the Petitioner. S.R. Paul with S.K. Sinha and Mohammad Hossain, Advocates — For the Respo...... be appropriate for the enforcement of any of the fundamental rights conferred by Part III of this Constitution. (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- (ii) requiri..Category: Election Law | Date: | Hits: 104
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ...... the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......ple laid down by the Privy Council in the Colonial Sugar Refining Company case and also having regard to some other leading case, the propositions were expended as under: “The legal pursuit of a remedy, suit, appeal and second appeal are really but steps in series of proceeding all connected by..Category: Fiscal/Taxation Law | Date: | Hits: 55
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
....ion of section 53A of the Transfer of Property Act the plaintiffs have right to protect their possession. He submits that as the property was notified as a vested property the plaintiffs had no other alternative but to file the suit to protect their possession. Mr. KZ Alam submits that in the facts ......……………. Petitioners Vs. Nur Muhammad and others…………Opposite Parties Judgment July 10, 2001. Cases Referred To- Sahera Khatun and another vs. Anwara Khatun and ors 1 BCR 126 = 33 DLR 442; Hasmat Ali vs. Mofizuddin Majhi and others 37 DLR 231; Nurunnesa and ors...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440...Category: Property Law | Date: | Hits: 23
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420....... (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Sarwar Garments Ltd…………………….Petitioner Vs. Chairman, National Board of Revenue and ors………………. Respondents Judgment August 13 and 14, 2001. Lawyers Involved: M ......jurisdiction and on that count the writ petition is not maintainable. The learned Deputy Attorney-General further submits that the petitioner if aggrieved by the impugned order could have efficacious remedy before the Appellate authority but bypassing the appellate forum have come to this Court and ..Category: Fiscal/Taxation Law | Date: | Hits: 63
44074378437143654362434943414339432643184315431343084306429542894288427842704267