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Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......his Case is also Reported in: 52 DLR (HCD) (2000) 172....... at all and there was no contract whatsoever as alleged by the plaintiff. 5. The learned Subordinate Judge by the order under challenge rejected the said application taking the view that the other remedy having been available to the party, application under section 151 of the Code is not maintain..Category: Civil Law | Date: | Hits: 66
....
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193.......
Cases Referred to-
38 DLR (AD) 70; BLD 1986(AD) 49; 20 DLR 1968; AKM Shamsuddin Versus Government of Bangladesh, 28 DLR 1976 at page 117.
Lawyers Involved-
Abdul Wadud Khondker, Advocate-for the petitioner.
Syed J.R. Modassir Hossain, Deputy Attorney General- for the Opposite parties.......grounds to have suffered from any illegality on account of vagueness.
6. Mr. Khander next submitted that the nonpayment of the loan was a mere violation of a civil contract for which appropriate remedy has been provided adequately in P.O. No. 120 of 1972 i.e. Shilpa Bank Order. As a matter of..
Category: Banking Law | Date: | Hits: 151
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165....................Opposite Parties Judgment March 24, 1988. Case Referred to- West Pakistan Vs. Gulzar Mohammad, 21 DLR (SC) 46. Lawyers Involved: M.H. Khondoker, with AJ Mohammad Ali - For the Petitioners. Rafiqur Rahman with Serajur Rahman - For Opposite Party Nos. 1-3. Miah Abd......d to be withdrawn to enable the petitioners to file the present application for review or that their Lordships indicated that instead of pursuing the Civil Petition the petitioners could pursue the remedy by way of a review. 21. We are dearly of the opinion that the petitioners cannot claim t..Category: Property Law | Date: | Hits: 29
.... is found clearly that though, in general, income from property held in trust wholly for religious or charitable purposes is exempted from income tax but when the said property is a business then two alternative conditions have been imposed for getting that exemption, one condition being that the bu......in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
....-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ......eferred to- Md. Shahidullah vs. Abdus Sobhan Talukder, 1996 BLD 423; 49 DLR 248; Sikdar Jute Bailing Ltd. vs. Sonali Bank, 1998 BLD (AD) 268. Lawyers involved: Md. Faruque Ahmed, Advocate—For the Appellant. Md. Golam Mostafa, Advocate-For the Respondent. Appeal from Original Decree ......kdar Jute Bailing Ltd. vs. Sonali Bank reported in 1998 BLD (AD) 268 wherein it was held that separate suit to set aside ex parte decree passed by Artha Rin Adalat will not be maintainable in view of remedy available under Artha Rin Adalat Act itself. 8. Learned Advocate shows from Artha Rin Adal..Category: Civil Law | Date: | Hits: 92
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
.... criminal case can be quashed only on prosecution materials. It has already been settled by the Hon'ble Supreme Court in the decisions reported in 75 DLR (SC) 150 upto 1992 BLD 627 that when there is alternative remedy available to the accused person, section 561A of the Code of Criminal Procedure i...... 13 DLR 851; Md. Ayub Khan vs. Custodian of Evacue Property 15 DLR (WP) 93; State vs. Delwar Hossain 12 DLR 613. Lawyers involved: Rokanuddin Mahmud with Sheikh Hasan Arif, Advocates—For the Petitioners. MA Muntakim, Advocate—For the Informant-Opposite Party. Criminal......se can be quashed only on prosecution materials. It has already been settled by the Hon'ble Supreme Court in the decisions reported in 75 DLR (SC) 150 upto 1992 BLD 627 that when there is alternative remedy available to the accused person, section 561A of the Code of Criminal Procedure is not availa..Category: Criminal Law | Date: | Hits: 97
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......ways.........................Petitioner Vs. Naderuzzaman and others............... Opposite Parties Judgment August 5, 2007. Result: The Rule is made absolute. Unless a prayer for review is based on the grounds mentioned in rule 1 of Order XLVII of the Code, the Court will not......tation is given to Order XLVII, rule 1 of the Code of Civil Procedure, there shall arise various complications and the Courts will be burdened with review applications without availing proper legal remedy as provided by the concerned laws. In that view of the matter, I do not find that the learned..Category: Procedural Law | Date: | Hits: 75
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... obtain and execute its own decree. Here, the legislature had a clear intention to make over all the cases pending before the Adalat established under the Ain, 1990 being abolished and since no other alternative is found to have been created by the legislature certainly all the "suits", "cases" or "......ment March 15, 2007. Cases Referred To- India vs. Elphinstone Spinning and Weaving Co. Ltd, 2001 (1) JT SC, P 563; Canada Sugar Refining Company vs. R(1898) AC 735, P 742; Rahe Manjil Transport vs. Md. Amin, PLD 1963, Karachi 182, Jahanara Akther's Case 49 DLR (AD) 80. Lawyers involved:......y the context. The context here means, the statute as a whole, the previous state of the law, other statutes in pari materia, the general scope of the statute and the mischief that it was intended to remedy, as has been mandated by the Supreme Court of India in the case of Union of India vs Elphinst..Category: Constitutional Law | Date: | Hits: 168
Abdul Mannan Matubbar Vs. Bangladesh Water Development Board and others, 2007, 36 CLC (HCD)
....tely, the Inquiry Officer without having a look at the inquiry report submitted by the aforesaid 4-member Inquiry Committee and in spite of having known of the fact that the petitioner had no other alternative but to prepare the alleged estimates and do the works as per instruction of his superi......h Water Development Board and others.........Respondents Judgment April 23, 2007. Result: The Rule is discharged. The domestic tribunal is not a court to follow procedures of the trial or enquiry according to the Civil Procedure Code. In appropriate cases, considering the facts and ...... considering his explanation." Accordingly, the Rule is discharged, however, without any order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 610; 13 MLR (HCD) (2008) 51. ..Category: Employment/Service Law | Date: | Hits: 76
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ordinary, natural and grammatical meaning, hence, portion of statute which contradicts with the preamble should go, declaring it void and to fill up the vacuum the legislature is required to create alternative forum for pending proceedings. 10. Conversely, Mr. Shamim Khaled Ahmed, the learn.......Ed.This Case is also Reported in: 59 DLR (2007) 601. ......sult, Rules in Writ Petition Nos. 6579 of 2004 and 6057 of 2005 are discharged without any order as to costs.Stay granted earlier stands vacated.Ed.This Case is also Reported in: 59 DLR (2007) 601. ..Category: Others | Date: | Hits: 104
Integrated Services Ltd. Vs. Commissioner (Current Charges), Customs and others, 2007, 36 CLC (HCD)
....legal effect. The respondents are directed to refund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......efund the, detained non-adhesive share transfer stamps by 24th day of May, 2007, positively. Ed. This Case is also Reported in: 59 DLR (2007) 597.......mitted that without presenting him before the concerned authority for personal hearing, the petitioner obtained the Rule and such writ petition was not maintainable for not having exhausted statutory remedy available to the petitioner. 16. He submitted that the Customs Authority did not comm..Category: Business or Commercial Law | Date: | Hits: 178
Sylhet Gas Fields Ltd. Vs. Chairman, 2nd Labour Court and another, 2007, 36 CLC (HCD)
....ischarged on contest without any order as to cost. The stay order passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 576. .......Petitioner Vs. Chairman, 2nd Labour Court and another………… Respondents Judgment March 25, 2007. Lawyers involved: Mohsen Ahmed Chowdhury, Advocate—For the Petitioner. Md. Sirajul Huq with Md. Ashrarul Huq, Advocates— For Respondent No. 2. ......been filed as Annexure 'H'). But dismissal of earlier complaint case under section 25 of the Employment of Labour (Standing Orders) Act on mere technical ground only does not debar a worker to seek remedy available under section 34 of the Industrial Relations Ordinance for which there is no period..Category: Labour and Industrial Law | Date: | Hits: 114
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
....pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ......…………Accused-Petitioner Vs. State…………………………..Opposite Party Judgment August 15, 2006. Lawyers involved: Dr. M. Zahir, Advocate—For the Petitioner. M. Mansur Rahman, Assistant Attorney-General— For the State. Crim......discharge from prosecution but the said prayer was refused by the learned Magistrate. Thereafter, the accused petitioner moved this Court and obtained this Rule. Although the accused petitioner had a remedy under section 439A of the Code of Criminal Procedure before the learned Sessions Judge agains..Category: Health Law | Date: | Hits: 251
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....er Order VII rule II for rejecting of counter claim does not, in terms of Order VII rule II CPC lie and in such case the plaintiff may take recourse to section 151 CPC for rejection of counter claim, alternatively, the plaintiff may make the maintainability of the set-off or counter-claim an issue o......i vs. Mohohar Ali, 39 DLR 68; Feroz Miah vs. Sonali Bank, Wage Earners Branch and others, 48 DLR 279; Nurul Islam (Md) vs. Agrani Bank, 49 DLR (AD) 135. Lawyers Involved: MA Tariq, Advocate— For the Petitioner. Rokanuddin Mahmud with Murad Reza, Advocates— For Opposite Party Nos. 1-2. ...... Rin Adalat Act being a Special legislation setting up a special court the remedies will follow as provided therein and if there is any exclusion indicated therein as in section 6, it would include a remedy under the general law.” In paragraph 23, the Appellate Division concluded as follows: ..Category: Procedural Law | Date: | Hits: 67
....il Petition. Since the learned Advocate for the petitioner neither placed nor pressed the Civil Petition for the last 90 minutes inspite of our best endeavours and repeated requests, we have no other alternative but to dismiss the said Civil Petition for leave to appeal as not being pressed.
As s......
Vs.
The Secretary, Ministry of Defence, Government of Bangladesh, Ganobhaban Complex, Sher-e-Bangla Nagar, Dhaka and others………………Respondents
Lawyers Involved:
T. H. Khan, Senior Advocate, Rafique-ul-Haque, Senior Advocate, Moudud Ahmed, Senior Advocate, Mohammad Zamiruddin S......ccordingly rejected.
However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14...
Category: Property Law | Date: | Hits: 73
Dr. Md. Golam Hossain Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....s the Rule having no merit fails. In the result, the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 533. ......adesh 1981 BLD (AD) 103; Bangladesh vs. Md. Faruque 51 DLR (AD) 112 = 1998 BLD (AD) 274=4 MLR (AD) 12. Lawyers involved: M. Shamsul Alam with Abdul Matin Khasru, and Mahbuba Haque, Advocates—For the Petitioner. Md. Jafar Imam, Assistant Attorney-General—For the Respondent No. 1-4. AJ......ladesh vs. SM Fariduddin reported in 21 DLR (AD) 155 wherein it is held: "If by an order of transfer any terms and conditions of service of a person in the service of the Republic is violated, his remedy lies with the Administrative Tribunal. The High Court Division cannot stay a transfer order o..Category: Employment/Service Law | Date: | Hits: 89
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....ier. The parties are at liberty to adduce evidence on the issue of age without reopening the case. 29. The appeal, therefore, succeeds. 30. In view of the above matter, we have no other alternative but to send the case back on remand to the learned Speedy Trial Tribunal for ascertainin......ossain vs State 47 DLR 542; State vs Deputy Commissioner 45 DLR 643; Arun Karmaker vs State 2002 BLD (AD) 76 = 7 BLC (AD) 61. Lawyers involved: Md. Shamsul Alam with Shamim Ahmed, Advocates— For the Appellants. ABM Waliur Rahman Khan, Deputy Attorney-General with Shamim Ara Dora, Assistan......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520...Category: Criminal Law | Date: | Hits: 32
Fida-ul-Huq Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)
....o. 115(AB)/DA/2003 (Angsha) 85(1) on 12-3-2003 and allotted the flat of the petitioner in the name of the respondent No. 5 without any intimation to the petitioner and the petitioner finding no other alternative preferred the instant writ petition before this Court and obtained the Rule and an order......Cases Referred To- Sekander Ali Mia vs. Chairman, BIWTA 40 DLR (AD) 262, Shamsunnahar Salam vs. Mohammad Wahidur Rahman 51 DLR (AD) 232 . Lawyers involved: Md. Shakhawat Hossain, Advocate—For the Petitioner. AKM Salahuddin Khan, Assistant Attorney-General with Rubaiyat Hossain, Assista...... appropriate steps in accordance with law against the said fake Fida-ul-Huq, i.e. the occupant of the flat. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 480...Category: Property Law | Date: | Hits: 34
Mohsina Rahman alias Jaya Vs. Abdul Majid and others, 2001, 30 CLC (HCD)
....the Miscellaneous Case No. 34 of 1998 and Title suit No. 142 of 1998 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 138. ......…………….Petitioner Vs. Abdul Majid and others…………….………………..Opposite Party Judgment June 24, 2001. Lawyers Involved: Bakhtiar Hossain, Advocate — For the Petitioner. MA Samad with Bazlul Kasir and MGH Ruhullah, Advocates — For the Opposite Pa...... of the Act provides that no suit shall lie on any ground for a declaration upon the validity of the Arbitration award nor such award can be set aside “otherwise than as provided in the act”. The remedy by a suit is taken away by section 32 of the Act. The expression, “Otherwise than as provid..Category: Civil Law | Date: | Hits: 77
Iqbal Hossain Mollah Vs. Director, Plant Protection Wing and others, 2006, 35 CLC (HCD)
....mit as prayed for within 1030 AM on 20-11-2000 but no compliance has been forthcoming. 4. Being aggrieved by and dissatisfied with the impugned omission and having no other equally efficacious alternative remedy, the petitioner preferred the writ petition and obtained the instant Rule. ......nal Jurisdiction) Present: Md. Muzammel Hossain J Zubayer Rahman Chowdhury J Iqbal Hossain Mollah………………………………………………………Petitioner Vs. Director, Plant Protection Wing and others……………………Respondents Judgment January 4, 20......d for within 1030 AM on 20-11-2000 but no compliance has been forthcoming. 4. Being aggrieved by and dissatisfied with the impugned omission and having no other equally efficacious alternative remedy, the petitioner preferred the writ petition and obtained the instant Rule. 5. The peti..Category: Business or Commercial Law | Date: | Hits: 219
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