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Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)
....plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ......t Vs. Chairman Khulna Labour Court and another………...Respondents Judgment May 29, 1979. The Industrial Relation Ordinance, 1969 (23 of 1969), section 34. Having ceased to be a worker by voluntarily resigning from the petitioner's company, which has also accepted such resigna......r by voluntarily resigning from the petitioner's company, which has also accepted such resignation before he filed an application under section 34 of the Ordinance before the Labour 'Court, his remedy under that Ordinance is barred. The Appeal is allowed. Lawyers Involved: Asrarul Hossain..Category: Employment/Service Law | Date: | Hits: 68
Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)
....re proved. As such the facts of the decision in Muralidhar's 56 C.W.N. 260 case are distinguishable. In that case the plaintiff filed the suit for damages on account of use and occupation or in the alternative for mesne profit, on the allegation that the defendants were in wrongful occupation as t......n: 32 DLR (AD) (1980) 136 ......herefore, the appeal is allowed with costs, the decision of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 136 ..Category: Property Law | Date: | Hits: 56
State, People's Republic of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)
....the decision of the majority the appeal is allowed. The judgment and order of the High Court Division dated May 4, 1978 are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 110. ....... Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martial Law Regulation......cement of any of the fundamental rights conferred by Part III of this constitution." Clause (3) of Article 102 reads as under: (3) The High Court may if satisfied that no other equally efficacious remedy is provided by law (a) on the application of any person aggrieved, make an order:— (i)..Category: Criminal Law | Date: | Hits: 294
Ahmed Hossain & ors Vs. Basharat Ali and ors, 1980, 9 CLC (AD)
...."touching," because the phrase as ''such adjoining or contiguous promises," and I think the two words, "adjoining" and "contiguous", were not intended to be merely synonymous but were meant to be alternative, and that the meaning really was "such adjoining or neighbouring premises". The inte......s Case is also Reported in: 32 DLR (AD) (1980) 54 ......s. The judgment of the High Court Division and those of the Courts below are set aside and the application for pre-emption is dismissed. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 54 ..Category: Property Law | Date: | Hits: 66
Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)
....that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ...... M. Subhan, J. Badrul Haider Chowdhury J. Md. Shahidul Haque ...Appellant. Vs. Mst. Rahiman Bibi and another....Respondent Judgment April 26, 1979. After passing of the decree or the final order, the court becomes functus officio except to review its awn order in accordance w...... errors. It is on very rare occasion that this extra-ordinary jurisdiction is invoked to meet the ends of justice, and it is to prevent any impending mischief or disaster for which no ready statutory remedy is available. The period of one year obviously is too long a period. It has been stated earli..Category: Tenancy Law | Date: | Hits: 69
Bangladesh Vs. Shahjahan Siraj @ Sirajul Islam, 1980, 9 CLC (AD)
....s before the Special Tribunal will proceed according to law. The Respondent will continue the same bail till the conclusion of the trial. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 1 ......e any retrospective operation on the pending cases………………….(31) per Fazle Munim, J. The High Court Division acted in excess of its jurisdiction in quashing the proceedings before the Special Tribunal which is not subordinate to the High Court Division……………(36) per ...... (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed ; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or pun..Category: Criminal Law | Date: | Hits: 66
Mofazzal Hossain Mollah and others Vs. State, 1993, 22 CLC (AD)
....retracted later on, but as to these three appellants, there is no evidence except the confessional statement of the co-accused Shafi. Mr. Shamsul Alam, learned Deputy Attorney General has no other alternative but to accept this fact on record. ................Respondent Judgment May 10th, 1993 Lawyers Involved: Shahidul Islam, Advocate, (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Shamsul Alam, Deputy Attorney-General, instructed by Shamsul Haque S......peal is allowed and the order of conviction and sentence set aside and they are directed to be released their bail bonds. Ed. This case is also reported in: 45 DLR (AD) (1993) 175 ..Category: Criminal Law | Date: | Hits: 44
Abdus Sobahan Howlader and ors Vs. State, 1993, 22 CLC (AD)
....nted in connection with any other case. Ed. This case is also reported in: 45 DLR (AD) (1993) 134 ...... Supreme Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdus Sobahan Howlader and ors………………….Appellants Vs. State &nbs......e of occurrence does not inspire confidence. I find substance in the contention of the appellants that in the facts of the case, the prosecution ought to have adduced some independent witnesses to remedy the prejudice caused to the accused by not examining the Investigating Officer. The prosecut..Category: Criminal Law | Date: | Hits: 40
Habiba Mahmud Vs. Bangladesh and others, 1993, 22 CLC (AD)
....cing agencies, the law of prevention, having the sanction of the Constitution, is to be allowed to be administered within the framework of that law. However, temptations to resort to such law as an alternative to the ordinary law that calls for hard labour, intelligence and patience for investiga......and others... ..................Respondents Judgment August 31st, 1992. Lawyers Involved: Maudud Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant AF Hasan Arif, Deputy Attorney-General, (Sharifuddin Chaklader, Assis......action. With this observation as indicated herein above, I agree with the ultimate order of release of the detenu. Ed. This case is also reported in: 45 DLR (AD) (1993) 89 ..Category: Criminal Law | Date: | Hits: 88
Bangladesh Vs. Dhaka Steel Works Ltd. & Others, 1993, 22 CLC (AD)
....ed without any order as to costs, subject to the modification of the direction given by the High Court Division as above. Ed. This case is also reported in: 45 DLR (AD) (1993) 69 ......Secretary, Ministry of Industries, Government of the People's Re-public of Bangladesh and anr........................Appellants [In CA No. 31 of 1991] Bangladesh Steel and Engineering Corporation, represented by its Secretary………….. Appellant [In CA No.40 o......ibed above, the Corporation got locus‑standi to file this appeal. The contention raised by the learned Counsel of this appellant (Corporation) has also substance. 16. As to the likely remedy available to the respondents, since I have found that the order of placement of the enterpri..Category: Property Law | Date: | Hits: 65
Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)
....s restored. All other appeals namely, Civil Appeals Nos. 35, 43, 54, 55, 56, 57, 58 and 64 of 1992 are dismissed. No Order as to costs. Ed. This Case is also reported in: 45 DLR (AD) (1993) 53. ......o- AFM Shah Alam Vs. Mujibul Huq and others 41 DLR (AD) 68; Abdur Rab Mia Vs. Fazlur Rahman 43 DLR (AD) 23, AC Jose Vs. Sivan Pillai AIR 1984 SC 921. Lawyes Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Mvi. Wahidullah, Advocate-on-Record- For the Appellant (In Civil Appeal......ision is found to have rightly interfered with the Election Commission's order which is clearly unjustified and uncalled for. Candidates aggrieved by the result of the election are at liberty to seek remedy before the Tribunal. Civil Appeal Nos. 54 and 58 of 1992 12. Both appeals arise f..Category: Election Law | Date: | Hits: 117
AFM Naziruddin Vs. Mrs. Hameeda Banu, 1993, 22 CLC (AD)
....he suit building where he is now residing during his life Lime. With the above direction we dismiss the appeal. No costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 38 .........Appellant vs. Mrs. Hameeda Banu..................Respondent Judgment February 3rd, 1992 Cases Referred to- Hafiz Manzoor Vs. Md. Abdul AIR 1933 All. 942; Mathuri Vs. Bhola Nath AIR 1934 All 517(519); Hine Vs. Hine [1......ple, in a case reverse to the present one, where the wife being the sole breadearner in the family builds a home on the land of her husband is later divorced and driven out from there, will have no remedy at all. We are of the view that in absence of any special circumstances the principle of eq..Category: Property Law | Date: | Hits: 80
Jobeda Khatun Vs. Momtaz Begum and others, 1993, 22 CLC (AD)
....osecute the proceeding under section 145 Cr.P.C. The appeal is, therefore, allowed without any order as to costs. Ed. This case is also reported in: 45 DLR (AD) (1993) 31 ...... Cases Referred to- Shah Muhammad Vs. Huq Nawaz and the State 23 DLR (SC) 14 and Md. Shahabul Huda Vs. Md. Sahafi 36 DLR (AD) 44, Re NP Essappa Chettiar AIR 1942 Mad. 756; The Corporation of Calcutta Vs. Bijoy Kumar and others AIR 1924 Cal. 334 and Commissioners for the Port ...... the second party within two months next before the date of order passed under section 145(1) Cr.P.C. treating the party so dispossessed as if he had been in possession at such date. It is a speedy remedy and the order passed thereon is a temporary order which is overtaken by an order of the Civ..Category: Property Law | Date: | Hits: 81
Begum Asia Rahman Vs. Abdul Bashir Bhuiyan and others, 1974, 3 CLC (AD)
....rovement of the land in question 3. The application for pre-emption was filed on 29.2.64. Thereafter the pre-emptor amended his application for pre emption on 16-1-65 describing it to be an alternative application under section 96 of the East Bengal State Acquisition and Tenancy Act ...... others………………………………Respondents Judgment July 18, 1973. Lawyers Involved: T. Ali, Senior Advocate instructed by Abdul Matin Khan Chowdhury, Advocate-on-Record— For Appellant. ...... affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or puni..Category: Property Law | Date: | Hits: 60
Kazi Mukhlesur Rahman Vs. Bangladesh and another, 1974, 3 CLC (AD)
....he same race or occupation. It is the fact, clearly established, of injury to the complainant—not to others—which justifies judicial intervention." ......SC 41; Calcutta Gas Co. Prop.) Ltd. V. State of W Bengal, AIR 1962 SC 1044; Maganbhai Iswarbhai Patel Vs Union of India, AlE 1969 SC, 789 , Anderson V. Commonwealth, 47 CLR 50; Mia Fazal Din Vs. Lahore Improvement Trust, 21 DLR (SC) 225 ; Blackburn Vs Attorney-General, (1971) I WLR 1037; Walker ......h Court Division under Article 102 (2) (a) (ii) of the Constitution which runs as follows :— "(2) The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law— (a) on the application of any person aggrieved, ..Category: Constitutional Law | Date: | Hits: 716
Begum Hamida w/o Abdul Hamid Vs. Abdul Hamid, 1974, 3 CLC (AD)
....tenance to the wife is affirmed. But the order so far as it affects the maintenance allowance of the four children is set aside and that of the Magistrate to that extent is restored. Ed. ......p;….Respondent Judgment April 24, 1974. Cases Referred To: Mst. Sughra Regum vs. Mia Md Din, (1957)9DLR (WP) 37; Kent Vs Kent. ATR 1926 Mad. 59: Tubi Das Vs Sm Soroju Devi. AIR 1933 Cal 406 ;M Bulteel, Vs R C. Bulteel, AIR 1938 Md 721 ; Bai Pravabati Vs...... for their maintenance. Thereafter if the illegitimate child files an application for maintenance on the neglect or refusal by the person to maintain such child, the said child would be without any remedy because the sum of Rs. 400/- had already been awarded for the maintenance of the wife a..Category: Family Law | Date: | Hits: 146
Solicitor, Government of Bangladesh Vs. A. T. Mirdha, 1974, 3 CLC (AD)
....e to the revisional jurisdiction of the High Court. This view is clearly untenable in the facts and circumstances of the present case. 15. In the circumstances stated above, we have no other alternative hut to hold that the order that is required to be passed by the sub-divisional Magistr...... are set aside Ed. ......fied copy of trie judgment of the Magistrate there was no order of acquittal but on perusal of the original judgment he found therein the additional words ''the accused is acquitted" and that remedy of the appellant was to file an appeal before the Judicial Commissioner and the revision pet..Category: Criminal Law | Date: | Hits: 125
Halcyon Steamship Co., Inc., USA Vs. Govt. of Bangladesh, 1974, 3 CLC (AD)
....e view that the second defendant's petition for staying the suit amounted to taking a step in the suit. He submitted that the second defendant being an agent of the first defendant, it had no alternative but to sail with the first defendant; and since the first defendant prayed for staying ......on Steamship Co., Inc., USA, represented by Hegee & Co. (Pak.) Ltd… Appellant Vs. Province of East Pakistan now Govt. of Bangladesh, represented by Collector of Chittagong ……………….. Respondent Ju......er examine the question of the validity of the preliminary objection. For the reasons given earlier we find no merit in this appeal, which is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 110
Bangladesh Vs. Professor Golam Azam and others, 1994, 23 CLC (AD)
....tition). A further appeal, as per Rule 8, under the circumstances, would have been an invitation to a foregone conclusion and also an idle formality and cannot at all be called an equally efficacious alternative remedy in view of the Government's indecision for long 14 years in taking a decision as ...... Appellate Division (Civil) Present: M Habibur Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh .................................Appellant Vs. Professor Golam Azam and others…………………Respondents Judgment June 22, 1994. Lawyers......, Ram Chandra Shankar Deodhar Vs. State of Maharashtra 1974 SCC 317 and Shafiqur Rahman Vs. Certificate Officer, Dhaka in 29 DLR (SC) 232 the High Court Division rejected that contention. 11. The remedy of judicial review under Article 102 of the Constitution is not governed by any law of limita..Category: Immigration and Citizenship Law | Date: | Hits: 522
Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....rticle 102 of the Constitution, namely, Writ Petition No. 892 of 1991, which was dismissed summarily by a Division Bench of the High Court Division on 30.6.91 on the ground that the petitioner has an alternative and efficacious remedy by way of appeal. 2. The petitioner seeks leave to appeal from...... Vs. National Bank Limited and others .....................Respondents Judgment July 20, 1993. Result: The petition is dismissed. Lawyer Involved: Asrarul Hossain, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Petitioner. Shamsul ......on, namely, Writ Petition No. 892 of 1991, which was dismissed summarily by a Division Bench of the High Court Division on 30.6.91 on the ground that the petitioner has an alternative and efficacious remedy by way of appeal. 2. The petitioner seeks leave to appeal from the said judgment and order..Category: Civil Law | Date: | Hits: 139
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