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Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....plaintiffs. The plaintiffs thereafter filed an application under Order VI, rule 17 of the Code of Civil Procedure for amendment of the plaint by incorporating a prayer for partition as an alternative to the prayer for eviction and also for addition of two persons as defendants. ......eme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Shafiqul Islam Chowdhury (Md.) and ors....Appellants Vs. Mustafizur Rahman and ors ................Respondents ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908), Section 151 A party cannot have recourse to the inherent jurisdiction of the Court under section 151 of the Code of Civil Procedure where an alternative remedy exists ……….(6) Case Referred to- Shahidur Ra...... (Civil) Present: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Golden Re-Rolling Industries Ltd............Petitioner Vs. Subordinate Judge, Artha Rin Adalat No. 1 Dhaka & another.......Respondents Judgment ......f Civil Procedure, 1908 (V of 1908), Section 151 A party cannot have recourse to the inherent jurisdiction of the Court under section 151 of the Code of Civil Procedure where an alternative remedy exists ……….(6) Case Referred to- Shahidur Rahman Majumde..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ...... Vs Md.Golam Rahaman Mallick ................Respondent Judgment 27th July 1994. Cases Referred to- A. K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113; Monoranjan Mukharjee vs. Election Commission, 41 DLR 484. Lawyers Involved: B. Hossain, ...... with the constitutional formalities as laid down in the then Article 56(3)of the Constitution. He means to say that the order of dismissal was not passed "by the President' and therefore the remedy of appeal was available to him under the 1985 Rules. 9. Mr. B. Hossain’s s..Category: Criminal Law | Date: | Hits: 33
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. Pubali Bank L...... in Bengali 9. Section 7 of the Artha Rin Adalat Ain, 1990 provides that when a contested or ex-parte judgment results in a decree, party aggrieved by such decree shall have a remedy by way of appeal before the High Court Division. But section 6(1) and the proviso to se..Category: Banking Law | Date: | Hits: 157
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......J.R. Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Abdul Mohit and others ....................................Appellants (In Civil Appeal No. 93 of 2002). Major (Retd) Dr. Rezaul Haque & ors.................Appellants (In Civil Appeal No. 94 of 2002). ......nary or residuary jurisdiction to deal with other matters and questions arising under the Companies Act. Section 95 does not specifically provide jurisdiction to this Court. Therefore, the only remedy available to the petitioners is the Civil Court and not this Court." 6. Leave..Category: Business or Commercial Law | Date: | Hits: 147
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ection can be raised at any intermediate stage, but it may be raised only after conclusion of the whole election process. This means that Civil Court's jurisdiction is impliedly excluded; it is therefore clear that the learned Single Judge wrongly held the suit to be maintainable. The election held ...... 3. Mr. S.R. Pal, learned counsel for the appellant, contends that participation in election not being a common law right but being a right created by a special statute which also provides for the remedy to an aggrieved person in connection with an election, only that remedy is available from the..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......esult: The appeal is allowed. The Succession Act, 1925 (XXXIX of 1925), sections 283 & 211 Respondent claiming to have entered into an agreement of sale with the deceased filed a suit for specific performance of contract and wants to be added as a party in the probate proceeding broug......ady filed the suit for specific performance of contract. If she succeeds then the suit will be decreed and it could be executed against the executor of the will. Therefore, she is not deprived of any remedy. Cases Referred to- Charubala Sen v. Abdul Hashem and others, 33 DLR (AD) 254; Brindaba..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ...... 103 A mere denial by the respondent of a fact in issue raised by the petitioner in a writ petition will not render that fact a disputed fact but if the assertion made by the petitioner is not supported by materials to the satisfaction of the Court the Court may refuse to act on such assertion. W......CMR 283 the High Court dealt with the question of the title, of the petitioner. The Supreme Court held the question of title should not be gone into writ jurisdiction of the High Court and the proper remedy of an aggrieved party in a case involving a question of title to property lies in a regular..Category: Property Law | Date: | Hits: 32
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....-Record for the appellants submits that the decree passed by the learned Subordinate Judge was severable and in so far as it relates to the declaratory part, it ought to have been upheld or in the alternative the plaintiffs should have been given an opportunity to pay the ad- valorem Court fee i......ff-Appellant Vs Mst. Hamida Khatoon and another ...................Respondent Judgment May 20,1998 Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Ex-parte-For the Respondents. Civil Appeal No. 47 of 1995 ......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......lls Ltd. and others ......................Respondents Judgment November 10, 2005 Lawyers Involved: Abdur Razzaque, Advocate, instructed by md. Nawab Alt, Advocata-on-Record-For the Appellant Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not re......onnected papers. 7. It appears that the High Court Division discharged the Rule mainly on the ground that the petitioner was a person in the service of the Republic and consequently his remedy laid before the Administrative Tribunal and not before the High Court Division in writ juri..Category: Employment/Service Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ushed for the rescue of their brother Hafez Shaikh Md. Abdul Wahed and when they reached at Haji Mohsin Road accused persons threw Bombs towards them. Said hafez Shaikh Md. Abdul Wahed had no other alternative but to enter in House No.15, Hazi Mohsin Road where the accused persons also chased hi...... State………………………Respondent (In all cases) Judgment August 12, 2003. Lawyers Involved: Mujubur Rahman, Senior Advocate, instructed by Md. Nawab AH, Advocate-on- Record-For the Appellants (In all cases) ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... of Further Statutes of Bangladesh University of Engineering & Technology in not holding that the Writ Petition was not maintainable as the writ petitioner respondent No. 1 did not exhaust the alternative remedy. 6. We have heard Dr. Rafiqur Rahman, the learned Counsel for the appella......ellip;…………………………..Respondents Judgment January 30, 2006 Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Mr. Serajur Rahman, Advocate-on- Record-For the Appellants Khanda......Statutes of Bangladesh University of Engineering & Technology in not holding that the Writ Petition was not maintainable as the writ petitioner respondent No. 1 did not exhaust the alternative remedy. 6. We have heard Dr. Rafiqur Rahman, the learned Counsel for the appellants and Khan..Category: Employment/Service Law | Date: | Hits: 87
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ........... Petitioner vs. Mohammad Toufique and others..................................Respondents Judgement May 17, 2006. Lawyers Involved: Rafiqul Huq, Senior Advocate (Rais Uddin Ahmed, Advocate with leave of the court) instructed by A. K. M. Shahidul Hu......rary to law and as such the proceeding required to be stayed but the Administrative Tribunal having no jurisdiction to stay even such a malafide proceeding, the respondent had no other efficacious remedy available to him for redressing his grievance and thus filed the writ petition. ..Category: Others | Date: | Hits: 97
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....(2) the I.R.O. as in the present case and the High Court Division failed to consider the provisions of section 11 of IRO and that there having been no remedy under I.R.O, the appellant had no other alternative but to invoke the writ jurisdiction and that the impugned judgment of the Labour Court ...... Ed. ...... Appellate Tribunal under section 11 of the I.R.O. against an order of the Labour Court rejecting an application of the Registrar under section 19(2) of the I.R.O. and, (2) there having been no remedy under the I.R.O. the petitioner was entitled to invoke the writ jurisdiction because the im..Category: Labour and Industrial Law | Date: | Hits: 131
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ...... J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Hotel Agrabad Ltd. Chittagong, represented by its Managing Director........Appellant (In both the cases) Vs. The Chairman, First Labour Court, Khatungo....... Mr. Raique-ul-Huq, the learned Counsel for the appellant-company however for the first time conceded that the appellant company was an industrial undertaking and canvassed only one point that the remedy of the respondent workers lay in the enforcement of their demand under sections 5 and 7 of ..Category: Labour and Industrial Law | Date: | Hits: 95
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....submission is that the appellate Court did not at all consider the plaintiffs case of bona fide requirement and hence the finding in this regard cannot be termed as a concurrent one. 9. In the alternative, it is submitted that in the interest of justice the matter be remanded to the appella...... Court Appellate Division (Civil) Present: Badrul Haider Chowdhury CJ Shahabuddin Ahmed J ATM Afzal J Mustafa Kamal J Channel Cinema Ltd. represented by Managing Director having office at Madhumita Cinema Hall Building, 158-160 Motijheel C/A. Dhaka................Plai......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ..Category: Property Law | Date: | Hits: 64
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....ndi as such to maintain the application. A written objection was filed on 1-4-82 whereupon the appellant filed an application for amendment of his application for pre-emption by claiming in the alternative pre-emption as a tenant holding land contiguous to the case land. 6. The respondent c......e State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908) Order VI, rule 17 Order 6, rule 17 of the Code of Civil Procedure provides for allowing amendment "for determining the real question in controversy between the parties." In thi......result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..Category: Procedural Law | Date: | Hits: 84
Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)
....nd any grievance with regard to that could only be agitated before the Administrative Tribunal. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......Ahmed J MH Rahman J ATM Afzal J Abdul Mannan Talukder……………………………………………………….............Appellant Vs. Bangladesh House Building Finance Corporation and another..............Respondents Judgment December 12, 1989. Result: ......observation of Asquith, L.J. in Wilkinson Vs. Banking Corporation (1948) 1 K.B. 721 (224): "It is undoubtedly good law that where a statute creates a right and in plain language gives a specific remedy or appoints a specific tribunal for its enforcement, a party seeking to enforce that right mu..Category: Labour and Industrial Law | Date: | Hits: 111
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....le 102 The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (Ordinance No. LIV of 1985] Sections 5 (1)(a), and 7 The view of the High Court Division that when a statute devised an alternative forum for giving complete relief to the appellant she could not invoke the writ jurisdic...... Shahabuddin Ahmed J MH Rahman J ATM Afzal J Begum Lutfunnessa…………………….Appellant Vs. The People's Republic of Bangladesh represented by the Secretary, Ministry of Works and ors.......…………………………….Respondents Judgment November 1, 1989. ......7 The view of the High Court Division that when a statute devised an alternative forum for giving complete relief to the appellant she could not invoke the writ jurisdiction without exhausting the remedy provided for in the Ordinance, generally speaking is well in accord with the settled principl..Category: Property Law | Date: | Hits: 54
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......……………….......................Petitioners Vs Messers Business Resources Ltd. & others...................Respondents Judgment March 29, 1989. Result: The petition for special leave is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX, rule......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
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