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M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......ed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J M/s. Gannysons Ltd. & another......................................Appellants Vs. Sonali Bank & ors.........................................................Respondents Judgment Aug......ex parte decree in question. They came to know about the proceeding from the advertisement in the newspaper for sale of the properties in question. The appellants were diligently pursuing the remedy available under the provisions of the aforesaid Act and making regular correspondence with t..Category: Property Law | Date: | Hits: 47
Abdus Salam Master alias Salam and another Vs. The State, 1983, 12 CLC (AD)
....find anything to interfere with the order of the High Court Division refusing to quash the proceedings. The appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 58. ...... The State..............................Respondent Judgment May 23, 1983. Result: The appeal is dismissed. The police registered a case and after investigation submitted Final Report. The Sub-Divisional Magistrate accepted the Final Report and discharged the accused. Informant,......e case or entertain a fresh complaint on the same allegation. Reasons given for this view are that there should be a finality of litigation and prosecution from harassment of the accused and that remedy against dismissal or discharge lies in revision by the Sessions Judge under section 436 or by..Category: Criminal Law | Date: | Hits: 79
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......Ahmed & another...................... Respondents Judgment June 20, 1983. Result: The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled to......agreement between the parties. If there is no such agreement then he does not receive property in a fiduciary capacity. Though the criminal prosecution cannot be launched, a co-partner is not without remedy. He can bring a suit for accounting and until such account is taken it cannot be said whether..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......mes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the proceeding. However, the executing Court has got power to correct any accidental slip or a clerical mistake. To go into the matter concerning its merit is be......urisdiction to re-open the proceeding. Of course, the executing Court has got power to correct any accidental slip or a clerical mistake. This is not re-opening of the proceeding in execution. This remedy is always available by way of review under Order 47, Civil P.C. To go into the matter conce..Category: Others | Date: | Hits: 97
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
.... trial Court's judgment. In their joint written statement Ansar Ali and Sunil categorically denied the sub‑letting and contended that they were in fact partners from 1976 to 1982. When their alternative case of partnership falls flat on evidence, what else, we wonder, the learned SCC Judge................. Respondents Judgment April 1, 1991. Case Referred to- Abdus Sattar vs. Suresh Chandra 32 DLR (AD) 170l Lawyers Involved: M Gholam Rabbani, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the appellant. Sharifudd......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: .......Petitioner Vs. Nurul Islam and Others.................Respondents Judgment August 7, 1990. Lawyers Involved: Sultan Ahmad, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented - Respondent. Civil Petition for Leave to Appeal......an order passed on merit, but ex parte. Appeal lies in both cases under Order 43, rule 1 (d), CPC. The view taken by the High our Division is correct. 5. The defendant-petitioner, therefore, had a remedy by way of appeal under Order 43, rule 1 (d), CPC which he did not avail of. This is not to sa..Category: Civil Law | Date: | Hits: 105
The State Vs. Mofazzal Hossain Pramanik, 1991, 20 CLC (AD)
....ove reported decision His Lordship in concluding portion has observed as follows: "To sum up, die accused is always entitled to hold his tongue; but if he is in a position to explain the only alternative theory to his guilt, die absence of such an explanation must be taken into account as m......State.........................................…..Appellant Vs. Mofazzal Hossain Pramanik ..................Respondent Judgment June 27, 1990. Lawyers Involved: B Hossain Deputy Attorney General instructed by AW Mallik Advocate-on-Record-For the Appellant. Ex parte - For the Re......year 1985, I impose a sentence of imprisonment for life against die respondent. Accordingly, the appeal is allowed. Order of the Court. By majority decision the appeal is dismissed, Ed. ..Category: Criminal Law | Date: | Hits: 49
Awlad Hossain Vs. Haji Monwaruddin Ahmed & ors., 1988, 17 CLC (AD)
....sputed questions of fact a different forum has been created by law. We do not find anything to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 270 ......llate Division (Civil) Present: Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Awlad Hossain ......................................Petitioner Vs. Haji Monwaruddin Ahmed & ors.........Respondents Judgment July 4, 1988 Civil Petition For Special Leave to Appeal N...... Huq, and learned Counsel for the respondent. Dr. Hossain has tried to explain the circumstances in which both the writ-petition and the civil suit were filed almost simultaneously seeking the same remedy, but he has submitted that the civil suit was subsequently withdrawn. Mr. Moinul Huq disput..Category: Election Law | Date: | Hits: 126
Sekander Ali Mia, Mujibur Rahman & Shahidul Islam Vs. Chairman, B.I.W.T.A. & ors, 1988, 17 CLC (AD)
....to act as a licensee for the unexpired period of the licence that will expire on 30th June, 1986. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 262 ...... Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J ATM. Afzal J Sekander Ali Mia, Mujibur Rahman & Shahidul Islam..............Appellants Vs Chairman, B. I. W. T. A. & ors...............................Respondents (in all the three appeals) Judgment May 18, 198......n discharging the rules issued on the writ petitions of the appellants held that the licence granted by respondent No.1-4 did not create any vested right and that the licencees were not without any remedy as they could claim compensation-if their licences were cancelled arbitrarily and that writ j..Category: Others | Date: | Hits: 103
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ......ts Judgment November 23, 1986. Civil Appeal No. 41 of 1985 The Public Demands Recovery Act, 1913 (III of 1913), section 36 The plaintiff-respondents did not seek any relief against the order of cancellation of the order of setting-aside the auction sale. The respondent’s allegation ......also contended that the learned Single Judge committed error of law in holding that the physical possession was not necessary to uphold the settlement made by the Government and that only remedy available for the plaintiffs, while the objection under section 23 of the Public Demands ..Category: Property Law | Date: | Hits: 35
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ......ider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A.T.M. M. Afzal J Tahmina Khatun alias Tahmina Khanam, Defendant No. 4..................Petitioner Vs. Begum Nurun Nahar and ors.............................Respondents Judgment April 1, 1987. Civil Petition for Spe...... for ascertainment of value of a part of the building which fell to the decree-holders' share, provisions of section 151 C.P.C. are applicable. We do not think that this contention is tenable. For, remedy sought in the application goes into the merit of the decree itself in which rights and liabil..Category: Property Law | Date: | Hits: 32
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ...... A.T.M. Afzal J Charandwip Bhumihin Krishi Samabaya Samity Ltd. represented by the Chairman, Md. Abdus Samad..........................Appellant Vs. The Deputy Commissioner, Cox's Bazar & ors..........Respondents Judgment March 27, 1986. The Code of Civil Procedure, 1908 (V of ......arlier by respondent No.2, Joint Secretary, Ministry of Land Administration and Land Reforms stayed further proceedings with respect to the five Fisheries. Appellant having failed to obtain any remedy from the Ministry of Land Administration and Land Reforms filed Writ Petition, No. 307 of 1..Category: Property Law | Date: | Hits: 45
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
.... impugned orders of the Corporation. He has referred to Rule 16 which provides for appeal from and Rule 23 which provides for revision of, the impugned orders of removal of the appellants; but this alternative forum not being gone through, the Writ petitions are not maintainable, he has contended.......(Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J M. A. Hai Md. Wazed Ali Miah & Md. Moslem.................Appellants Vs. Trading Corporation of Bangladesh............................Respondent (In all the appeals) Judgment ...... substance in this contention, for, if the writ jurisdiction is sought to be invoked raising purely a question of law or interpretation of statute, as in these cases, availability of an alternative remedy will not stand in the way. Contention of Mr. Monowaruddin that the Writ-petitions are incom..Category: Employment/Service Law | Date: | Hits: 112
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ......ladesh)............Appellant Vs. Shamser Ali Khan & others... ..................................Respondents Judgment July 24, 1985. Result: The appeal is allowed. The Attia Forest (Protection) Ordinance, 1982 (XXXIII of 1982), sections 3 and 4(2) The section did not prov......incidentally be mentioned that the Forest Act, 1927 (XVI of 1927) under which the reserved Forest were, in the past, and are, in the present, constituted contains elaborate provisions regarding the remedy of persons aggrieved by any wrongful inclusion of lands belonging to them. No such remedy as ..Category: Property Law | Date: | Hits: 63
Haji Golam Hossain Vs. Abdur Rahman Munshi and others, 1988, 17 CLC (AD)
....So, the appellant has no grievance. The revisional court reversed the judgment of the and the appellant consequently felt aggrieved and he filed the writ petition. As it has been observed that he had alternative efficacious remedy; and even assuming for arguments' sake that remedy is not "equally ef......(Bom) 337 P.C., Raja Indrajit Pratap Bahadur Sahi Vs. Amar Singh and others, AIR 1923 (P.C.) 128. Lawyers Involved: Golam Rabbani, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record.- For the Petitioner. Mozzammal Huq, Bhuiyan, Advocate instructed by Md. Aftab Hossain, Adv......439A (2) and 439(4) of the Code of Criminal Procedure. The constitutional mandate is that a writ jurisdiction can be invoked if the High Court Division is satisfied "that no other equally efficacious remedy is provided by law." In this view of the matter there is no hesitation in saying that the app..Category: Constitutional Law | Date: | Hits: 174
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
....Bangladesh are governed by the Hindu Law in mailers of succession. 3. Facts are as follows: - Plaintiff instituted the suit for declaration of title and confirmation of possession in the suit land alternatively for recovery of possession together with a prayer for declaration that the Nirupannama...... M.H. Rahman J Karatala Lakshmi Bihar represented by Dharmadarshi Bikshu being dead Sreemat Amrita Nanda Mahathero…..............................Appellant Vs. Hriday Ranjan Chowdhury & ors...................Respondent Judgment November 11, 1987. Leave was granted to consider......ence the suit. 4. Defendant resisted the suit and contended that the plaintiff is not entitled to any relief. The trial Court found that the plaintiff is out of possession of the suit land and his remedy is to bring a suit for partition. In that view of the matter the trial Court dismissed th..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....s at Dhaka itself and those facts were brought to the notice of the respondent long before the writ petition was filed. The respondent did not inquire into those assertions and has not come up with alternative facts suggesting that after 25.3.71 the petitioner retained his Pakistani citizenship or...... dismissed. The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) Articles 1(ii)(a), 2(s)(i) and 3 The Bangladesh Citizenship (Temporary Provisions) Order, 1972 (P. O. No.149 of 1972) Articles 2, 2A, 2B (2) and 3 The impugned or......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
.... V Ferrazzinis Ltd. reported in A.I.R. 1963 Cal. 473 it was observed: "Where a party 'has two rights, the mere exercise of one right does not amount to waiver of the other, but if there are alternative rights, the exercise of one right might imply that the party had waived the exercise o......nt February 12, 1986. The Premises Rent Control Ordinance 1963 [XX of 1963], Section 18. Section 18(1) (5) Once a default occurs subsequent acceptance of the rent in lump by the landlord, does not, in the absence of any positive proof of his intention to waive such default, amount t......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
.... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
......Present:
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
MH Rahman J
ATM Afzal J
Mozher Sawdagar ................Appellant
vs.
M.Zahirul Alam, General Manager, Bangladesh Shipping Corporation and others…....Respondents
Judgment
August 24, 1987.
Words and Phrases
Inc......that when admittedly the vessel was condemned one and the intending purchasers would scrap and dismantle it for selling its content in order to make profit, monetary compensation would be appropriate remedy for the appellant. This question is found to have receive due consideration from the learned ..
Category: Business or Commercial Law | Date: | Hits: 95
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
.... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ......e is also Reported in: 40 DLR (AD) (1988) 45 ......valid. 4. The suit was contested by the defendant, Senior Manager of the Mills, by filing a written statement. His case was that the suit was not maintainable as the plaintiff was a worker and had remedy by an application before the Labour Court under section 25 of the Act;" that the plaintiff wa..Category: Labour and Industrial Law | Date: | Hits: 122
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