Search Options
Judgment Advanced Search
Displaying 1421-1440 of 1543 results.
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......................Defendant-Respondents Judgment July 20th, 1993. Lawyers Involved: Shaheed Alam, Advocate, Supreme Court, instructed by Md. Sajjadul Huq, Advocate-on -Record - For the Petitioner. Not represented -For the Respondents. Civil Petition for L...... but no action was taken within 10 months after which the review Petition was filed and further that in the review petition, the petitioner did not give any explanation for the delay in seeking the remedy. The learned Advocate has pointed out that it is the defendants-directors who had given sur..Category: Banking Law | Date: | Hits: 106
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
.... and that it is not a civil Court having jurisdiction of a general nature; (c) that there being no provision in the Adalat Act for moving the High Court Division against an interlocutory order and no alternative forum having been provided for speedy, efficacious and complete relief to the party aggr......the Code of Civil Procedure, 1908 In express terms the Adalat Act has made several departures from the Code of Civil Procedure. Section 5(ka) provides that a hearing of a suit cannot be adjourned for more than three times and the suit has to be disposed of within six months from its institution. ...... the Adalat Act being a special legislation setting up a special Court the remedies will follow as provided therein and if there is any exclusion indicated therein, as in section 6, it will include a remedy under the general law. 23. Our view is, that in this case it matters little whether the H..Category: Banking Law | Date: | Hits: 168
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....ree and not its original decree. But how these two sections, 151 and 152, can be taken as synonymous? Section 151 simply confirms the Court's inherent power and this power cannot be exercised where alternative remedies, such as remedies by way of appeal, revision or review are available. An appl...... 28th, 1994. Cases Referred to- Ishaque Vs. Bangladesh 43 DLR (AD) 28; Tincowri Halder Vs. Nani Gopal Mondal, AIR 1960 Cal. 258; Kedar Nath Vs. Golam Hossain 40 CWN 83; Ramji Lal and ors. Vs. Giani and another, AIR 1921 Lab 250; Abdul Gafur Vs. Bangladesh 42 DLR (AD) 100. La......tile decree itself cannot be a matter for determination on all application under section 152 of the Code, nor any such ground was taken in tile application under section 152 in this case, The only remedy against this decree dated 28 May 1985 oil the ground of nullity was by way of an appeal and ..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ......kha and others ...........................Respondents Judgment March 31st, 1994. Lawyers Involved: Awlad Ali, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellants. Syed Ishtiaq Ahmed, Senior Advocate instructed by Md. Sajjadul Huq, ...... is no doubt in seisin of a civil proceeding, but it has to be borne in mind that this original constitutional jurisdiction of the High Court Division is aimed at securing a speedy and efficacious remedy to an aggrieved person whose legal or constitutional right has been infringed. It is meant t..Category: Procedural Law | Date: | Hits: 102
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....ourt will not hesitate to act." In the case reported in 41 DLR 190, my learned brother Mustafa Kamal J as his Lordship then was observed that the defendant would not be allowed to introduce an alternative and completely different kind of defence both in terms of content and form which will ha......red to- 26 DLR 205; 9 DLR 217; Golam Hafiz Mia Vs, Khadem Ali Miah, 29 DLR (SC) 311; 41 DLR 190; Narsingh Prasad Paul Vs. Still Products Ltd. AIR 1953 (Cal) 15. Lawyers Involved: SR Pal, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants in both the Ap......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ......he provisions of the Rent Control Ordinance are in addition to this section of notice under Section 106 of the Transfer of Property Act. There is nothing in the Ordinance which also absolves the landlord to serve a notice under section 106 of the Transfer of Property Act. Unless the tenancy is‑ de......he period of lease, even if a notice under section 106 of the Transfer of Property Act is validly served before filing of the suit. A notice will only be an idle formality in that case, leading to no remedy. 23. The reason is simple. All leases are created under the Transfer of Property Act and t..Category: Tenancy Law | Date: | Hits: 87
AKM Nurul Alam Vs. Bangladesh, 1993, 22 CLC (AD)
....he Act itself it is to be strictly followed. With the above observations. I agree with the ultimate order of my learned brother. Ed. This case is also reported in: 46 DLR (AD) (1994) 113. ......and High Ways and Others …Respondent (In Civil Petition No. 346 of 1992) Judgment July 26, 1993. Result: The two appeals, CA Nos. 24 and 82 of 1992 are allowed. The Civil Petition for leave to appeal No.346 of 1992 is dismissed. The Administrative Tribunal Act, 1981 (VII of 198......1981 (VII of 1981) Where there is no provision for appeal, and where under review the President has extensive power to make any order as he deems fit, a Government servant will be entitled to the remedy available to him under the Rule 23. The Act and the Rules deal with the terms and conditions ..Category: Administrative Law | Date: | Hits: 129
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....r the period prior to the arbitrator entering upon the reference. This is the principle of section 34 CPC and there is no reason to hold otherwise in the case of an arbitrator. An arbitration is an alternative form of resolution of disputes between parties and, as such, the arbitrator must have p......on (Civil) Present: Shahabuddin Ahmed C J MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Bangladesh Agricultural Development Corporation (BADC), represented by its Secretary ....... Appellant (In both the appeals) Vs. ......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
.... read sections 439 and 439A together and hold that the powers and jurisdiction given to die Sessions Judge under section 439A and the High Court Division under section 439 arc concurrent, equal or alternative, in view of sub‑section (4) of section 439, the High Court Division had been expr......Golam Rabbani J Mafizuddin and others....................Petitioners Vs. Alauddin and another............Opposite Parties [In Crl. Rev. No. 2053] Md. Sher Ali and ors ........................... Petitioners Vs. State and another ............. 50. The learned advocates for the Petitioners submit that if the High Court Division refuses to exercise its jurisdiction under section 561 A of the Code, then the petitioner would have no remedy even when the order of the Sessions Judge under section 439A of the Code is manifestly or wh..Category: Criminal Law | Date: | Hits: 76
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....ction 561A was quite maintainable. In this connection this Court, however, referred to the limited scope of section 561 A and observed that this inherent power is neither an additional power nor an alternative power of the Court, that this power is to be exercised very sparingly keeping itself wi...... Vs. State, represented by the Deputy Commissioner, Mymensingh and another….Respondents Judgment March 8th, 1994. Lawyers Involved: Maksum-ul-Hakim, Senior Advocate (Zakir Hossain, Advocate with him) instructed by Md. Nawab Ali Advocate-on-record -For ......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ..Category: Criminal Law | Date: | Hits: 98
Bangladesh Vs. Subash Chandra Das & ors, 1993, 22 CLC (AD)
....quire the case land of the petitioners and requested the Additional Deputy Commissioner to annul all actions taken in this regard and that if the requiring body still insisted on acquisition of land, alternative sites should be selected. In spite of the aforesaid decision of the Government the Deput...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Land Administration .......Appellants Vs. Subash Chandra Das & ors.................Respondents (In Civil Appeal No. 20 of 1993) Durul Alam Ahsania Madrassa …â......f abatement will follow only when the Government fails to "pay" or "deposit" compensation in terms of section 10. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 63. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....A person deprived of the use of money to which he is legitimately entitled has a right to be compensated for the deprivation, call it by any name interest, compensation or damage; an arbitrator is an alternative form of resolution of disputes between parties; if so, he must have the power to decide ......n (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sonali Bank...............Defendant-Appellant Vs. Karnaphuli Works Ltd................. Plaintiff-Respondent Judgment November 29, 1993. Result: Th......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ...... (1994) 46. ......application for retirement and not at the behest of anyone else. The impugned order itself shows that he was released at his own request against which the respondent, if aggrieved, could have invoked remedy under the law which he did not until he sent a representation for resuming duty more than one..Category: Employment/Service Law | Date: | Hits: 126
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....as that the President got power under Article 133 of the Constitution to make rules to determine seniority with retrospective effect. Maintainability of these writ petitions was also challenged as an alternative remedy was available by way of an application to the Administrative Tribunal having excl...... Present: Sahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the SecreÂtary, Ministry of Communications, Road and Road Transport Division and another …………Appellants (In Civil Appeal Nos. 44, 45 & 48 of 1992) Mi......President got power under Article 133 of the Constitution to make rules to determine seniority with retrospective effect. Maintainability of these writ petitions was also challenged as an alternative remedy was available by way of an application to the Administrative Tribunal having exclusive jurisd..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......dul Majid Vs. Mushafee Ahmed 17 DLR (SC) 63; Gholam. Sarwar Vs. Pakistan PLD (1962) SC 142; Dr Nurul Islam Vs. Bangladesh 33 DLR (AD) 201; PL Dhingra Vs. Union of India AIR 1958 (SC) 36 & BSI Corporation Vs. Mahbub Hussain 29 DLR (SC) 41; West Bengal State Electricity Board and others Vs. De......out one year thereafter. This question was raised before the Tribunal, which, however, rejected the Bank's objection on the ground that the period spent by the petitioner‑employee in seeking remedy in a wrong forum, such as, by filing the Writ Petition was to be excluded in computing the p..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sharif Nurul Ambia.....................................Appellant Vs Dhaka City Corporation represented by its Mayor and others.......................... Respondents Judgme......he appellant cannot take up the matter of environmental pollution in the shape of private or public nuisance and accordingly, has no locus standi to move the writ petition and the efficacious remedy, if any, can only be obtained by respondent No. 3 in a suitable case; free access of air and..Category: Environmental Law | Date: | Hits: 293
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
....petitioners cannot invoke both the jurisdictions for the same relief. He further submits that Rule in Writ Petition No. 2746 of 1997 is liable to be discharged for failing to invoke or exhaust the alternative statutory remedy by way of appeal before the Press Appellate Board as provided under se...... The Constitution of Bangladesh, 1972, Article 147 (3) The acts challenged in the two writ petitions were committed by Mr. Anwar Hossain not in connection with the affairs of the Republic or of any local authority but in connection with the business of the Ittefaq Group of Publications ......oke both the jurisdictions for the same relief. He further submits that Rule in Writ Petition No. 2746 of 1997 is liable to be discharged for failing to invoke or exhaust the alternative statutory remedy by way of appeal before the Press Appellate Board as provided under section 12A(3) of the Pr..Category: Civil Law | Date: | Hits: 103
Agrani Bank. Vs. Ansarul Hoque and ors, 2006, 35 CLC (AD)
....did not honour the said order he had to file the above Summary Suit No. 6 of 1996 but since the Court of District Judge did not dispose of the above suit and kept the same pending; he had no other alternative but to file writ petition claiming Taka 16,48,758 from the appellant Bank as he in the ......vil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Agrani Bank........................Appellant Vs. Ansarul Hoque and ors................Respondents Judgment April 17, 2004. ......very FDR No.0003552/2344 dated 27-8-87 stating that Taka 3,45,000 was the principal amount and the balance amount of Taka 13,03,758 became due as interest and compensation; so unless and until the remedy sought in the above suit is exhausted the petitioner was not entitled to invoke writ jurisdi..Category: Banking Law | Date: | Hits: 101
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....m orders so soon as an application was but presented, when a second thought (or a second's thought) would expose the impairment of the public interest and, often enough, the existence of a suitable alternative remedy. 19. We deprecate the practice of granting interim order which pr...... Essential Garments Ltd. and others...............Respondents Judgment January 24, 2006. The Constitution of Bangladesh, 1972, Article 102(2) The revenue authorities were not within their jurisdiction in setting aside the auction sale at the instance of a p......oon as an application was but presented, when a second thought (or a second's thought) would expose the impairment of the public interest and, often enough, the existence of a suitable alternative remedy. 19. We deprecate the practice of granting interim order which practically giv..Category: Banking Law | Date: | Hits: 121
Bangladesh TelecommunicaÂtion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ......Judgment of HCD here. Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J AK Chowdhury J Bangladesh TelecommunicaÂtion Regulatory Commission........................Appellant vs Ekushey Television Ltd...........................vision does suggest that they are intended to give effect to the object proclaimed in the long title and the Preamble. 33. The duty of the Court is to expound the law as it stands and to leave the remedy (if one to be resolved upon) to others. Thus, on perusal of the Act No. 18 of 2001 it appears..Category: Information Technology Law | Date: | Hits: 266
11691159115611551147114411431140113411331132113111281124111911171110109110871080