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....ition without availing of an alternative remedy:
"But we think that an application under Article 102 of the Constitution lies, even where an alternative remedy is available, if the impugned order is ex facie void for want of jurisdiction or is violative of any provision of the Constitution......lip;………………Respondents
Judgment
January 12, 1994.
Result:
The Rule is made absolute.
Cases Referred To-
Fazlul Huq Chowdhury Vs. Government of Bangladesh, 30 DLR 336.
Lawyers Involved:
Syed Ishtiaq Ahmed with Mahmudul I..
Category: Property Law | Date: 12 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....ash; This appeal under section 10 of the Criminal Law (Amendment) Act, 1958 at the instance of accused Md. Saheb Ali Miah, ex‑member of Nagarkanda Union Parishad arises out of the Judgment and order dated 6.9.1990 passed by Mr. ABI Mostafa, Assistant Sessions Judge and Special Judge, Faridpur......id, Assistant Inspector, District Anti‑Corruption Bureau, Faridpur, He himself took up the investigation of the case, seized some alamats, examined witnesses under section 161 CrPC and wrote to the Government for proper sanction for prosecution for the accused being a public servant and waited for..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....ed MA No. 48 of 1970 in the court of the District Judge, Chittagong against judgment and decree passed in Money Suit No. 170 of 1966 and the record of that appeal has been withdrawn to this court and ordered to be heard analogously with these four appeals by order dated 23.8.1989. But since the said......dismissed. Since the plaintiff-respondent No. 1 did not appear at the hearing, we think that there should be no order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 23
..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
....gedly belonging to the petitioners have been passed without any lawful authority and is of no legal effect and also as to why direction should not be given to withdraw the same and or pass such other order or orders as to this Court may seem fit and proper. While issuing the Rules operation of the n......hem are possessing the lands by way of letting out to different tenants and others are possessing through bargaders. The petitioners also claimed that they have been paying rents for the lands to the Government by mutating their names.
4. Facts common in all the petitions, briefly, are as follo..
Category: Constitutional Law, Property Law | Date: 22 Nov, 1993 | Hits: 2
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....nt No.1 filed application for appointing her as guardian of person and properties of minor defendant Nos.2-4 on 7.6.1984 and the application was allowed on 20.9.84 and certificate of guardianship was ordered to be issued on 23.9.85 and the plaintiff filed the suit on 12.11.84 and she got permission ...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
....of 1989.
Judgment
Habibur Rahman Khan J. — At the instance of the petitioner Mohammad Ayub Ali a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned orders of dismissal of the petitioner from service Vide Annexures 'F and 'H' shall not b...... Division
(Special Original Jurisdiction)
Present:
Habibur Rahman Khan J
Mohammad Fazlul Karim J
Ayub Ali (Md.).......................................Petitioner
Vs.
Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretar..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
....No. 1 of 1989 (Comilla)
Writ Petition No. 396 of 1986 (Dhaka)
Judgment
Mohammad Fazlul Karim J.—This Rule Nisi was issued calling upon the Respondents to show cause as to why the order passed on 6.7.1986 by the Respondent No. 2 as contained in Annexure E and El should not be dec......jection against the acquisition proposal but neither the petitioner nor anybody of the recorded tenants filed any objection against the acquisition proposal within 15 days or thereafter and the Government vide Order No. General 1/84/102(68) Requisition dated 31.1.1984 accorded approval on 24.6..
Category: Property Law | Date: 9 Sep, 1993 | Hits: 4
Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
....e was not paid regularly the monthly wages and as a result huge amount has been accumulated as arrear to his credit. It is further alleged that he was taken down from the Vessel by defendant No. 2 in order to sign off on payment of the dues but defendant No. 2 did neither pay nor signed off and as t......nce of this case, I direct the parties to take necessary step for djsposal of the suit as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172 ..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
....strict Judge had discussed in his judgment in details. The learned District Judge has considered this matter even to that effect that in the year 1971, that is, during liberation period even a man in order to save his life embraced Islam that will not be a legal embracement. But after the dang......ee passed by the learned District Judge are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 90.
..
Category: Property Law | Date: 7 Sep, 1993 | Hits: 2
Ashok Kumar Saha Vs. State, 1993, 22 CLC (HCD)
....que, Advocate‑For the State. Criminal Appeal No. 1640 of 1992. Judgment Muhammad Ansar Ail J.-This appeal at the instance of appellant Ashok Kumar Saha arises out of the judgment and order of conviction and sentence dated 21.9.1992 passed by the learned Additional Sessions Judge, Co......ar Saba be set at liberty at once, if not wanted in any other case. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 229 ..Category: Criminal Law | Date: 2 Sep, 1993 | Hits: 2
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....3. Result: The Rule is made absolute. Whether non‑consideration of the previous record of the petitioner before inflicting punishment can be taken as a ground for striking out of the order of dismissal— Sub‑section 6 of section 18 of the Employment of Labour (Standing O......the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
.... Vessel MV Tony Best and also for lighterage of the cement but failed. Under such circumstances defendant 4 contacted the plaintiff for placement of its vessel MV Queen of Heart for the lighterage in order to salvage the defendant 1 vessel and the plaintiff having had come to know the distress condi......t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....Rule Nisi was issued on an application under Article 102 of the Constitution of the Peoples' Republic of Bangladesh calling upon the respondents to show cause as to why the judgment and order dated 15.4.89 (Annexure 1 to the petition) passed by the Court of Settlement, Bangladesh Aband......al Original Jurisdiction) Present: Habibur Rahman Khan J Mohammad Fazlul Karim J Haider Ali Fakir.........................................................Petitioner Vs. Government of Bangladesh others……………....................Responden..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....te Party. Civil Revision No. 639 of 1993. Judgment Mahfuzur Rahman J.—This Rule under section 115 of the Code of Civil Procedure at the instance of the plaintiff arises out of an order passed by District Judge, Feni on 4.2.93 in Miscellaneous Appeal No. 17 of 1992 vacating the o......he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
....bsp;34 of the Arbitration Act, to refer the dispute to an arbitrator in view of an Arbitration Clause in the Articles of Association of the company. The learned Subordinate Judge by his impugned order No.19 dated 29.8.89 against which the defendant has preferred the miscellaneous appeal No.166 ......rder of stay granted earlier is vacated. Regard being had to the special circumstances of the case we make no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 44.
..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....ur Rahman Khan J.-On an application under section 439 read with section 435 of the Code of Criminal Procedure a Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why the order dated 19.6.93 passed by the Additional Sessions Judge, Ist Court Dhaka, in Sessions Case No. 3...... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
.... Civil Revision No. 110 (fm) of 1992. Judgment Muhammad Ansar Ali J. — The First Miscellaneous Appeal at the instance of the plaintiff Bengal Water Ways Ltd. is directed against an order dated the 19th May, 1992 passed by the learned Additional District Judge, 1st Court, Dhaka upo......c survey services; (iv) To carry out removal of wrecks and obstructions in inland navigable waterways; (v) To fix maximum fares and freight rates for inland water transport on behalf of the Government as provided in section54(A) of Inland Mechanically Propelled Vessels Act, 1917; ..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
Nurunnahar Khatun Vs. State, 1993, 22 CLC (HCD)
....bered Criminal Misc. Case No.501 of 1992. 7. The learned Sessions Judge, Netrokona heard the Criminal Misc. Case No. 477 of 1992 and Misc. Case No.501 of 1992 analogously and by his judgment and order dated 20.9.92 disposed of both the cases with the observation that, "either the victim pe...... prayer of Mr. SS Halder, the learned Advocate for the parents, the prayer for the advance order is withheld for 1 (one) month. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 112. ..Category: Criminal Law | Date: 14 Jul, 1993 | Hits: 3
.... the voucher file containing several vouchers. Ext. 15 is the salary sheet files of the staffs. Ext. 17 are the copies of the-applications relating to joint venture company. Ext. 18 is the Government order. Ext. 19 is the certificate of incorporation and memorandum. Ext. 20 is the miscellaneous file...... suit in favour of the plaintiff-respondent No.1.
2. The respondent No.1 namely, Amin Fish Farmand Industries Limited being plaintiff instituted the aforesaid suit alleging, inter alia, that the Government of Bangladesh signed an agreement with the Government of the Kingdom of Thailand on 25.3...
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
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