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Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....The appeal is dismissed. The Evidence Act, 1872 (I of 1872), section 102 When the plaintiff produces from his custody an agreement signed by defendant who admitting the signature gives out an alternative story as to how he put his signature in the document, onus lies on the defendant to prov......dismissed. The Evidence Act, 1872 (I of 1872), section 102 When the plaintiff produces from his custody an agreement signed by defendant who admitting the signature gives out an alternative story as to how he put his signature in the document, onus lies on the defendant to prove his part of ...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ...... 2006, 50. ...... the appellants who are the monthly tenants of the Waqf Estate. There are sufficient provisions in the law regulating relationship of the landlord and tenant, as the appellants are and also providing remedy to the landlord to get the possession of the rented premises in the different situations part..Category: Trust/Waqf Law | Date: | Hits: 228
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......hellip;…………...Respondents Judgment March 5, 2005. The Specific Relief Act, 1877 (I of 1877), Section 56 When a court may grant a temporary or mandatory injunction- When plaintiffs’ distributorship was cancelled an......laintiff and even if, any termination of the distributorship of the plaintiffs is found to be invalid, the plaintiffs are not entitled to any injunction as compensation/damage is the only adequate remedy in a suit arising out of a breach of contract. 7. The plaintiffs' distributorship&nb..Category: Business or Commercial Law | Date: | Hits: 100
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ...... observations made by a Division Bench of the High Court Division is treated as expunged from the judgment in question. The Code of Criminal Procedure, 1898 (V of 1898), section 498 Judicial decorum Prayer for expunging certain observations of Division Bench of the High Court Division in Cr......xpunged. 5. We would like to state at the outset that the learned Judges were certainly not right in the view that once a petition for bail is rejected no further application can be made and the remedy lies only in an appeal. It is also not right to say that in the facts as in the present case,..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....hich corresponds to Articles 33, 34 and 35 of the Order. It has been held that, "Upon a careful examination of those provisions we are unable to agree that the ordinance provides these methods as alternative methods of enforcing the claims of the Bank. Section 40 itself indicates that the taki...... (AD) (1990) 221 ......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....e management and administration of the industrial concern and to sell its property have been set out in Art. 34(1) with the conjunction "and", we have no manner of doubt that they are independent and alternative powers to enforce repayment of the loan. The Article read as a whole leaves no room for ...... This Case is also Reported in: 42 DLR (AD) (1990) 216. ......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ......Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Principal Secretary, President's Secretariat, Dhaka & ors............Petitioners Vs. Mahtabuddin Ahmed...................………………………......b-para (9) of para 19 of the 4th Schedule of the Constitution enacted by the Constitution (7th Amendment) Act 1986. Under the Proclamation of Withdrawal of Martial Law, MLO 9 was repealed but the remedy of review provided under the said MLO survived the repeal. It is obvious that unless some..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......habuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Mahmudul Alam Mantu .........…………………………………..........Appellant Vs. Sanwar Hossain Talukder & ors...................................Respondent Judgment April 4, 1990. Result: The ap...... petition was correct or not. 6. Mr. T.H. Khan, learned counsel for the appellant, has submitted that there being no other forum provided by law for appeal and there being no other efficacious remedy open to the aggrieved party against the order of the tribunal, the jurisdiction of the High C..Category: Election Law | Date: | Hits: 102
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
....ant Judge, Mirpur, Kushtia in Miscellaneous Case No. 22 of 1987 dismissing the same. 2. The Miscellaneous Case was filed under Section 96 of the State Acquisition and Tenancy Act, 1950 or in alternative under section 24 of the Non-Agricultural Tenancy Act, 1949 seeking pre-emption, as co-s......others…………………………Respondents Judgment August 31, 2006 Lawyers Involved: Shahidul Huq, Advocate-on-record- For Respondent No. 1 Not represented- Respondent Nos. 2-12 Civil Petition for L...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
.... 8. It has been further contended that the High Court Division committed an error of law in not holding that for the ends of justice any aggrieved person without availing forum of appeal as an alternative remedy can invoke writ jurisdiction under Article 102 of the Constitution. 9. Mr......s Joint Registrar, Divisional Co-operative Office, Rajshahi and others......Respondents Judgment August 13, 2005 Lawyers Involved: A. B. M. Nurul Islam, Senior Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For the Petitioner Md.......as been further contended that the High Court Division committed an error of law in not holding that for the ends of justice any aggrieved person without availing forum of appeal as an alternative remedy can invoke writ jurisdiction under Article 102 of the Constitution. 9. Mr. A. B. M. Nu..Category: Constitutional Law | Date: | Hits: 162
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......K.B.N. Singh (Chief Justice) and others, 1982 AIR (SC) 149; Dr. P. Nalla Thampy Thera Vs. Union of India and others; Supreme Court Cases 307. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, (Khalilur Rahman, Advocate and Tangib-ul-Alam, Advocate with him) instructed by Syed M......Republic based on the information of the Supreme Judicial Council, the apex of apex body i.e. Supreme Court, cannot be subject matter of the writ petition. Moreso there being other efficacious remedy being available the writ petition has no leg to stand. On the face of failure of the respond..Category: Others | Date: | Hits: 97
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
.... some extent on the basis of the above assurance but ultimately, the port authority did not make payment against the bills for the excess amount and in that situation the respondent No.1 had no other alternative but to stop the remaining works and the High Court Division having dismissed the appeal ......se. The appeal is dismissed with costs. Ed. ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......nbsp;59 DLR (2007) (AD) 6. ...... Judgment June 29, 2006. Result: The petitions are dismissed. Application of writ juridiction against the judgment and decree passed by the Artha Rin Adalat Since there is specific remedy in the statute for filing appeal against the judgment and decree of the Artha Rin Adalat, wit..Category: Business or Commercial Law | Date: | Hits: 135
Abed Ali Vs. State, 1990, 19 CLC (AD)
.... transportation for life was given. Sub-section (5) has been substituted by the Law Reforms Ordinance and it now reads: "If the accused is convicted of an offence punishable with death or in the alternative, with transportation for life or imprisonment for a term of years, the Court shall in it...... Judgment February 25, 1990. Result: The appeal is dismissed. The Penal Code (XLV of 1860) Section 302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calculat......ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
....ty and taxes because the bill of entry was delivered to the Customs on 20.2.1985. 6. Respondent filed Writ Petition No. 50 of 1985. At the hearing preliminary objection that the petitioner had alternative remedy of appeal was repelled. The contention of the Respondent herein had found favour ...... also Reported in: 42 DLR (AD) (1990) 167. ......es because the bill of entry was delivered to the Customs on 20.2.1985. 6. Respondent filed Writ Petition No. 50 of 1985. At the hearing preliminary objection that the petitioner had alternative remedy of appeal was repelled. The contention of the Respondent herein had found favour with the Hig..Category: Fiscal/Taxation Law | Date: | Hits: 153
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
....s. Writ jurisdiction is not available in respect of election dispute except in exceptional circumstances such as coram non-judice or malice in law. In this case writ jurisdiction cannot be invoked as alternative remedy is available by way of election petition before the tribunal…………………......Respondents Judgment March 19, 1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or accept the result of a poll though disputed by some candidates. Election Commission’s approval ......sdiction is not available in respect of election dispute except in exceptional circumstances such as coram non-judice or malice in law. In this case writ jurisdiction cannot be invoked as alternative remedy is available by way of election petition before the tribunal……………………(3) ..Category: Election Law | Date: | Hits: 152
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ..................Appellant Vs Humayun Majid ..............................Respondent Judgment January15, 1995. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record- For the appellant. M. I......ondent is entitled to the rent of the premises for December, 1981 and January and February, 1982 but as the plaintiff has already deposited the same by a chalan to the Abandoned Property Call, his remedy lies in asking for a return of those 3 months rent from the Cell itself, because neither the..Category: Property Law | Date: | Hits: 33
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......law. Ed. ......7.1999 gave rise to a fresh cause of action and the order being an order passed by a person performing functions in connection with the affairs of the Republic, the aggrieved person could seek remedy as against the said order under Article 102 of the Constitution. As such there was no neces..Category: Trust/Waqf Law | Date: | Hits: 190
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ...... The State represented by the Deputy Commissioner, Dhaka and another .............Respondent Judgment February 2, 2005. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on- Record- For the Petitioner Bivas...... rule. Hence is this petition. 4. In support of the petition Dr. Rafiqur Rahman, learned Senior Advocate submits, inter alia, that the accused petitioner having 75% share in the company the remedy of the respondent No.2(complainant) lies in Company Court and as such the proceeding against..Category: Criminal Law | Date: | Hits: 29
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......eme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M. H. Rahman A.T.MAfzal J Mustafa Kamal J Latifur Rahman J Md. Morzul Haque .........Appellant Vs. Government of Bangladesh & ors .........Respo......6B of the Act and no such ease has been made out after such a lapse of time and events before the High Court Division and before us as well. Subsequent events have eroded the appellant's procedural remedy and no useful purpose will be served in re-opening a matter which has become stale and..Category: Fiscal/Taxation Law | Date: | Hits: 112
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