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Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....rst ground is that the writ-petition is not maintainable as the Petitioner (respondent No.1) was a candidate in the said election for chairmanship of the Upazilla Parishad and as such he got adequate alternative remedy to raise this question as to disqualification of the elected chairman by an elect......itution of Bangladesh, 1972, Article 102 There is no room to entertain any doubt as to the maintainability of a writ petition by any citizen who questions the title to office of any person who is, or purportedly, holding a public office whenever it is found that the said functionary is disqualifi......fice and the Court in its extraordinary jurisdiction will entertain the petition and examine the question on merit. Mere delay in raising the question is not a ground for denying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla Parishad and Upazilla Administr..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....that the waiver had been established as a fact in that case. It was focussed that 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 of ...........Respondent Judgment March 29, 1987. The Premises Rent Control Ordinance, …….., sections 18 & 19(1)(ca) The waiver is a question of fact and is to be taken at the earliest opportunity and must be established on evidence. Waiver in this case signifies the right of getting ren......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..Category: Property Law | Date: | Hits: 52
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....ber 1986. On the dated thus fixed a petition was filed by the company for dismissing the application for winding-up on the ground of bona fide dispute as to the alleged debt of the company, in the alternative, for staying all further proceedings of the matter including advertisement till disposa......hellip;……….Respondent (In both the appeals) Judgment March 8, 1987 Cases Referred To- Ellal Textile Mills Ltd., 38 DLR (AD) 26; Re Sulekha Works Ltd, AIR 1965, Cal. 98. Lawyers Involved: Syed Ishtiaq Ahmed and Khondkar Mahbub......her proceeding to meet the ends of justice. We do not find any ground to interfere with either of these two orders. The appeals are dismissed without however any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 76
Priyatosh Talukdar Vs. Asst. Custodian, Vested & Non-Resident Propty, Ctg & ors., 1987, 16 CLC (AD)
.... order of the Executing Court is set aside and it is directed that the Execution Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment. No order as to cost. Ed. ...... to- Rahima Aktar Vs. Asim Kumar Bose 1985 BLD (AD) 155; Watson v. Winch, 1 K. B. (1916) 688; Surtees v. Ellison (1829) 9 B & C. 750, 752. Lawyers Involved: S. R. Pal, Senior Advocate, Nurul Islam Chowdhury, Advocate with him instructed by Sharifuddin Chaklader, Advocate......st the provisions of the Defence of Pakistan Rules continued in force by the said Ordinance or any order made thereunder; or (e) effect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as..Category: Property Law | Date: | Hits: 70
State Vs. Lalu Miah and another, 1986, 15 CLC (AD)
....sed Kabir and Lalu who are on bail are directed to surrender to their bail bonds at once and serve their sentences. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 117; 1987 BLD (AD) 212. ......owed. Cases Referred to- Nishi Kanta Jha vs. State A.I.R 1969 (S.C) 422, AIR 1952 (S.C) 354; 1963 (3) S.C.R 678; Bhuboni Sahu vs. The King, 76 Indian, Appeals 147; Pakala Narayan Swami vs. Emperor AIR 1939 P.C. 47; Hannmant Govind Nargundkar and another vs. State of Madhya Pradesh, AIR 1952 S.......in the society, may get impatient and frustrated with the supposedly annoying complexities of laws of evidence and procedure, and feel that those laws of colonial days are worth a good riddance The remedy, though, lies in the improvement of the quality of investigation. The provisions of the Evide..Category: Criminal Law | Date: | Hits: 124
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....he case of K.M. Multani v. Paramount Talkies, AJR 1942 Bom. 119 as already referred to above. The learned Judge there observed that "in a suit for injunction the court can grant relief in the alternative by way of damages even if the plaintiff has not alleged loss or damage." This may ...... M. Al-Amin and another....................... Respondents Judgment August 13, 1986. Cases Referred to- K.M. Multani vs. Paramount Talkies AIR 1942 Bom. 241; The North Cheshire and Manchester Brewery Company Ltd. v. The Manchester Brewery Company Ltd. (1899) A.C......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ......Present: F.K.M A. Munim J Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal. J M/S. Zaman and Co. represented by its Proprietor N. Zaman…………....Appellant Vs. Bangladesh Sugar and Food......om appearing on the date fixed. The Court has got no power to extend the period prescribed for filing an application for reiteration. The reason is not far to seek. Review is an extraordinary remedy. He who seeks review of a Court's order must be vigilant. If his application for review..Category: Civil Law | Date: | Hits: 84
Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & others, 1986, 15 CLC (AD)
....nd shall not act arbitrarily or in discriminatory manner. In these circumstances, writ jurisdiction is quite available to the lessee. Ed. This Case is also Reported in: 39 DLR (AD)(1987) 85. .........Appellant Vs. Bangladesh & others…………………………………………………………….Respondent Judgment September 23, 1986. Cases Referred to- Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd. AIR 1981 (SC) 1368; Radha Krishna Agarwal Vs. State of Bih......t was trying to enforce through the writ petition the right to remove timber without the liability to pay royalty." When this is the position the obvious answer is that writ is not appropriate remedy and In this case also the Supreme Court of India said so. It was noticed that in substance,..Category: Property Law | Date: | Hits: 87
Feroza Majid and another Vs. Jiban Biman Corporation, 1987, 16 CLC (AD)
.... the appellants. The appeal is accordingly dismissed. In view of the peculiar circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 78. ...... (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J ATM Afzal J Feroza Majid and another……………….... Appellant Vs. Jiban Biman Corporation......................Respondent Result: The appeal is dismissed. Cases Referr......perty must be deemed to have passed back to the principal’ and that the principal having not been in actual possession, the 'theory of constructive possession' was of no help to the principal whose remedy lay in a regular suit for title and recovery of possession. The decision was based on conside..Category: Others | Date: | Hits: 104
Dira Dockyard & Engineers Ltd. & ors Vs.Bangladesh Shilpa Rin Sangstha & ors, 1987, 16 CLC (AD)
....in Article 33 of the Order. For the reasons stated above, we are of the view that the appeal must fail. It is accordingly dismissed but there will, however, be no order as to costs. Ed. ......1986. Cases Referred To- Ocean Industries Ltd. Vs. Industrial Development Bank. (1966) 18 DLR (SC) 354; PLD 1966 SC 1938. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by Md. Aftab Hossain, Advocate on Record......, the builder shall extend the validity of the insurance, guarantee suitably so as to fulfill the above conditions. ARTICLE 7. - Guarantee : i)The Builder shall remedy by repair of replacement of any defect due to bad workmanship of use of defective..Category: Business or Commercial Law | Date: | Hits: 100
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....e Civil Court had any jurisdiction to entertain the suit. Mr. S.R Pal, Counsel for the appellants, submitted that the plaintiffs suit being for declaration of title and confirmation of possession alternatively for khas possession and for a decree for declaring the order of requisition and all pr....... VII, r 11 Public Purpose Natural Justice Section 14A of the (Emergency) Requisition of Property Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against any order or action under the Act…………..(20) The Act itself provide......erty Act has, in clear and unmistakable terms put an express embargo on entertainment of any suit or application against any order or action under the Act…………..(20) The Act itself provides remedy for any mala fide action in respect of acquisition under the Act and the appellant took advan..Category: Property Law | Date: | Hits: 48
Abdul Hadi Bepari Vs. Safaruddin Mondal and others, 1986, 15 CLC (AD)
....his claim was resisted by the transferees including the appellant, mainly on the ground that the Pre-emptor was not co-sharers in the holding. The appellant one of the transferees 'however’ made an alternative prayer to the effect that 6e was also a co-sharer in the holding by purchase and fn ease......the amount due from him against preemption money already deposited under subsection 1, if a prayer to this effect is made to the Court in appropriate time. In this case, no adjustment was prayed for and no such question was raised for determination in the trial Court. It is now too late to rai......ot find any reason to interfere with the impugned order. In the result, the appeal is dismissed without, however, any order as to costs. Ed.This Case is also Reported in: 38 DLR (AD) (1986) 265..Category: Property Law | Date: | Hits: 51
Md. Shahjahan Sheikh and others Vs. Sessions Judge, Pirojpur and others, 1986, 15 CLC (AD)
....f power under section 561A as well. The section is legislative recognition of the inherent power of the High Court Division. This is not appellate power or revisional power nor it is additional or an alternative jurisdiction. It is well settled this power has been preserved in the interest of justic......s (In both the appeals) Judgment February 19, 1985. Cases Referred to- PLD 1967 S C. 317, 19DLRS.C. 439 Rajpati Vs. Bashan AIR 1981 (S.C.) 18 Botany vs. Noni Desai AIR 1968 (S.C.) 1444 Attorney General Vs Sillen (1864) 10 H.L.C. 704 Molik Manzoor Elahi vs. Lala Bishamber Das, 16 DLR (SC)......orrectly took the view that such decision in the revisional jurisdiction of the High Court Division could not be reviewed under Article 102 of the Constitution, inasmuch as, efficacious alternative remedy had been provided by law. It is not necessary to deal with this point farther inasmuch as, th..Category: Criminal Law | Date: | Hits: 42
Abdul Mannaf Khan and others Vs. Bangladesh & another, 1984, 13 CLC (AD)
....Justice. Order of the Court By the majority decisions the appeals are dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 201. ......ourt Division reversed the judgement and decrees passed by the Courts below and dismissed the suit. The Appellate Division affirmed the judgement and decree passed by the High Court Division. Words and phrases Hats and Bazars After the acquisition of the hats and bazaar under the provis......alienum non leadas. The proprietor of the old market has no monopoly or privilege which is entitled to protection and no immunity from competition: Hammerton vs. Earl of Dysart, 1916 AC 57. He has no remedy at law merely because his profits are diminished." 49. It is no doubt true that if someone..Category: Property Law | Date: | Hits: 202
AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola & others, 1986, 15 CLC (AD)
.... Civil Appeal No. 54 of 1985 is allowed. Civil petition No. 140 of 1985 is disposed of. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 172. ......District Judge” Interpretation of Statutes District Judge as used in Article 29(4) of the Local Government (Union Parishad) Ordinance does not mean persona designate that is, his private or personal capacity but clearly indicates his office, that is, District Court of which he is the P......ection petition was pending. Two voters invoked the writ jurisdiction of the High Court challenging the validity of the election. Question-arose whether in the presence of an equally efficacious remedy it would be proper for the High Court to entertain a writ petition. While observing that und..Category: Election Law | Date: | Hits: 154
Md. Nurul Islam Vs. Abul Malek, 1986, 15 CLC (AD)
....table to allow the prayer for amendment. For the reasons stated above, the appeal is dismissed. There will, however, be no order as to costs. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 115......) 115......he suit under section 42 of the Specific Relief Act may be seen. He held: "The plaintiff came to know about the sale on the very day it was made i e, 24th June 1953, but he did not seek his remedy with diligence. His appeal before the commissioner was found to be time barred. He had also..Category: Fiscal/Taxation Law | Date: | Hits: 80
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....above, the appeal is allowed and the judgment of the High Court Division is set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 70. ......ment April 9, 1985. Result: The appeal is allowed. The Shipla Bank Order, 1972 (P.O. 129 of 1972), Article 33 The Code of Civil Procedure, 1908 (V of 1908), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the subject ma...... Judgment April 9, 1985. Result: The appeal is allowed. The Shipla Bank Order, 1972 (P.O. 129 of 1972), Article 33 The Code of Civil Procedure, 1908 (V of 1908), section 10 The remedy for realizing dues is provided for in Article 33 of the Shilpa Bank Order, 1972. Since the su..Category: Banking Law | Date: | Hits: 121
Ellal Textile Mills Ltd. & others Vs. Md. Abdul Awal & others, 1984, 13 CLC (AD)
.... that two separate petitions, if so advised, be filed and heard analogously by the same court. There will be no order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 26. ......hury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Ellal Textile Mills Ltd. & others…………………………… Appellants (In Civil Appeal No. 53 of 1984). Shohagpur Transport Services Ltd. & others..............Appellants (In Civil Appeal No. 54 of 1984). Vs. M...... observed: "It is moreover well settled that an ultra vires transaction, on the part of directors, if this was one, is of itself no ground for a winding up order. The share-holder has his complete remedy in other directions at page 10." Then their Lordships expressed their anxiety by observin..Category: Company Law | Date: | Hits: 195
Mamudul Haque Chowdhury Vs. The District Judge, Chittagong & others, 1985, 14 CLC (AD)
....llowed. The order of the Election Appellate Tribunal as well of the High Court Division is set aside and that of the Tribunal is restored. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 8....... 25, 1985. Result: The appeal is allowed. The Local Government (Union Parishad) (Amendment) Ordinance, 1983 (LI of 1983), Section 29 Respondent no. 3 not filling an election petition before the Election Tribunal after result of the election was declared on 7th of June 1984, he is not a......3 against this election. 12. From a reading of the unamended revisions of section 29 of the Ordinance, appears that a person who felt aggrieved by decision of an Election Tribunal had the allowing remedy: "(1) An election Tribunal shall, upon receipt of an election petition, given notice there..Category: Election Law | Date: | Hits: 152
Mst. Esarunnessa Bibi Vs. Md. Amir Hossain, 1985, 14 CLC (AD)
..... Judgment and order of the High Court Division are set aside and those of the Appellate Court below are restored. No order as to costs. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 1. ......t Control Ordinance, 1963 (XX of 1963), sections 14 (1) (b) and 18 (2). Municipal tax dues had been paid by the tenant and the previous owner had transferred the property to the plaintiff. Law authorizes adjustment of such payment, therefore, the transferee plaintiff cannot claim the rent over ag...... the Municipal tax against distress warrant on 27-10-63. 10. Distress warrant is one of the most effectual remedies for recovery of rent and taxes. The term 'distress' primarily connotes a summary remedy by which the person is entitled without further legal process to take into his possession the..Category: Property Law | Date: | Hits: 59
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