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Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ...... ......ed Bepari vs Duar Ali and others reported in 1 BLC (AD) 25 similar view has been maintained whether it has been held that the right of pre-emption cannot be defeated even after the transfer as the remedy collusively arranged with his vendor to get the land re-transferred and the transfer are col..Category: Property Law | Date: | Hits: 71
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......sp; Judgment April 29th 1992. Lawyers Involved: Fazlul Karim, Senior Advocate, (Md. Azizul Hoque, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Re......order of acquittal, more so, when the State has not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....uit was not maintainable. The Court as aforesaid put emphasis upon the plaintiffs' tide and again decided it against the plaintiffs in the suit for mesne profits. The plaintiffs had no alternative but to prefer the appeal, said the plaintiffs, advocates. Whether it is open to the de......te............................................Respondent Judgment July 23rd, 1992 Cases Referred to- Andre Paul Terence Ambard Tobago Vs. The Attorney‑General of Trinidad AIR 1936 (PC) 141; MA Awal Vs. Ehtesham Hyder, 28 DLR (HD) 285; Ilk......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Controller of ExaminaÂtions, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....on is whether the High Court Division is well founded in law in rejecting the contention of the appellants that the two writ petitions filed against them by the respondents are not maintainable as an alternative remedy by way of statutory appeal is available. 2. In both the appeals the Co....... 8 of 1992) Kabita Rani Hajra ......................Respondent (In Civil Appeal No. 10 of 1992) Judgment August 30, 1992. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate (MA Baqui, Advocate with him), instructed by Serajur Rahman, Advocate- on-ÂRecord-For t......r the High Court Division is well founded in law in rejecting the contention of the appellants that the two writ petitions filed against them by the respondents are not maintainable as an alternative remedy by way of statutory appeal is available. 2. In both the appeals the Controller of ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......rar, University of Chittagong ..................Respondent Judgment August 9, 1992. Result: The appeal is allowed in part. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam and Zakir Ahmed, Advocates with him) instructed by Md. Aftab Hossain, Ad......lculate whether he could do the work within the price quoted and negotiated. If it is his case that the University authorities misled him by projecting misleading figures of quantity of earthwork his remedy lies in a suit for damages and the University may take such defences in such a suit as it may..Category: Alternative Dispute Resolution | Date: | Hits: 202
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ...... ...... Ordinance, 1984 which provided for creation of a Tribunal with exclusive jurisdiction on service matters. Alternatively, the appellants contended that the plaintiff being a "worker" his remedy lay only before the Labour Court, in which case also the civil Court's jurisdiction was oust..Category: Administrative Law | Date: | Hits: 130
BD Chemical InÂdustries Corporation & another Vs. M/s Sattar Match Works & ors, 1992, 21 CLC (AD)
....er it having positively been said in its letter dated 26.8.1981 (Annexure A P 67 PB) that 'the Corporation can either share the brand name "Cock" with Sattar Match Works as at present or alternatively switch over to any of the popular names.....” it cannot but be held that the tr......ion (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Bangladesh Chemical Industries Corporation and another………………………&helli......Registrar under section 10(2) is of a special kind and it is only legitimate and fair to hold that the Registrar should be left alone to exercise his discretion at the first instance subject to any remedy that may be available under the law against his decision. The High Court Division in view of..Category: Intellectual Property Law | Date: | Hits: 227
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....is a mere technical defect and that this technicality cannot be interpreted in such a way as to defeat the purpose of the substantive law. The learned Additional Attorney‑General has, in the alternative, argued that an order of the Government dated 13 March, 1985‑ Annexure‑K, s.............Respondent Judgment February 10th, 1992. Case Referred to- Pratap Singh vs. Krishna Gupta AIR 1966 SC 140. Lawyers Involved: AW Bhuiyan, Additional Attorney‑General, instructed by Md. Sajjadul Huq, Advocate –on ‑Record -For the Appe......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....med those of the first appellate Court by judgment and decree dated 16‑1‑85. 5.The plaintiff‑respondent's suit was for declaration of tide and confirmation of possession or alternatively khas possession in the land of Schedule 2 to the plaint and for permanent injunctio......bsp; Vs. Nur Ahmed and others...................Respondents Judgment November 25, 1990 Lawyers Involved: Mia A Gafur, Advocate‑on‑Record-For the Appellant. Shafique Ahmed, Advocate, instructed by Sharifuddin Chaklader, Advoca......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ......ayya; In AIR 1978 Cal. 559 (564) Bali Ram Vs. Bhupendra Nath & In Habibullah Vs. Ananga Mohan AIR (29) 1942 Calcutta 571. Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, (Mahbubey Alam, Advocate Supreme Court with him) instructed by Md. Sajjadul Huq, Advo......roper tribunals for relief. The statute (of limitation) does not attach to a claim for which there is as yet no right of action and does not run against a right for which there is no corresponding remedy or for which judgment cannot be obtained. Consequently, the true test to determine when a ca..Category: Property Law | Date: | Hits: 77
Mujibur Rahman (Md) Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
.... 227 in respect of specified service disputes and certain other matters were challenged. After referring to Minerva Mills Ltd. vs. Union of India AIR 1980 SC 1789 where in it was held that "effective alternative institutional mechanisms or arrangements for judicial review" can be made by Parliament,......terpretation of the Constitution It is a settled principle of interpretation that an expression used in a constitutional enactment conferring legislative powers must be construed not in any narrow or restricted sense, but in a sense beneficial to the widest possible amplitude of the powers. No......), strike down any law or rule on the ground of its constitutionality. A person in the service of the Republic who intends to invoke fundamental right for challenging the vires of a law will seek his remedy under Article 102(1), but in all other cases he will be required to seek remedy under Article..Category: Administrative Law | Date: | Hits: 203
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ...... Vs. Anwara Khatun and others.............................Plaintiff‑Respondents Judgment January 15, 1992. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam with him) instructed by Md. Sajjadul Huq, Advocate‑on‑Record...... proved is a different matter. A party to the exchange when deprived of the thing or any part of the thing received by him in exchange because of any defect in the title of the other party has his remedy under section 119. But that is not to say that a third party can never raise the question of..Category: Property Law | Date: | Hits: 58
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......ppellants Vs. Anis and Co. others .......................Respondents (In Civil Appeal No. 23 of 1991) Judgment August 29, 1991. Lawyers Involved: Abdul Wadud Bhuiyan, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate‑on‑Record ‑ For the Appellants (I......arance of 5000 metric tons of cement evidently as the substituted owner of the said cement. But the customs authority does not clear the goods raising objections as to procedural matters. What is the remedy of the respondent in such a case? The answer is provided in the Import Policy Order, 1989â..Category: Business or Commercial Law | Date: | Hits: 130
Aminul Islam Vs. Mujibur Rahman and others, 1992, 21 CLC (AD)
.... party who has lost in revision before the Sessions Judge under section 439A. But it must be clearly borne in mind that the jurisdiction under section 561A is not to be used as an additional or an alternative jurisdiction. The powers thereunder being extraordinary in nature should be exercised s......in AIR 1928 (Cal) 610 & Gaetano Colaco vs. Joao Rodrigaes AIR 1966 Goa 36. Lawyers Involved: Aminul Haque, Advocate instructed by Sharifuddin Chaklader, Advocate‑on‑Record‑ For the Appellant. Abdur Rashid, Advocate, instructed by Shamsul Hoque Siddique,......er sub‑section (6) of section 145 Cr PC. 9. Aminul Haque, learned Advocate for the first party‑appellant, submitted rather tentatively that the second party having exhausted the remedy of revision before the Sessions Judge, could not be permitted to invoke section 561A which ..Category: Criminal Law | Date: | Hits: 53
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
...., 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ......209;Orissa 102, Jagat Jamani Dibi Vs. Jyotsna Basu AIR 1978 Calcutta 392 and Surinder Kaur Vs. Mohinder Bahadur Singh AIR 1978 HP 27. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate (Mahbubey Alam, Advocate with him) instructed by Sajjadul Huq, Advocate‑on‑......ructuous. 4. The learned Single Judge noted the following observation made in Md. Wasiq Khan Vs. Md. Sabiq Khan 31 DLR (AD) 51: "The petitioner can legitimately pursue his remedy under Order 9, rule 13 of the Code of Civil Procedure notwithstanding his filing of appeal ..Category: Property Law | Date: | Hits: 64
Nasrin Kader Siddiqui Vs. Bangladesh and others, 1992, 21 CLC (AD)
....er of warrant of commitment in custody. Hence, the order of detention is without any lawful authority, and on that score alone the detention of the detenu is liable to be set aside. Ed. ...... August 18, 1991. Cases Referred to- Howard Vs. Bodington (1877) 2 PD 203(211); 1981 All LJ 197 (DB); In re Peerless (1841) I QB 143; Re Elmy (1834) IA & E 843; Taylor Vs. Taylor, (1876) 1 Ch. 426; RV Post Master General ex parte Carmichael [1928] I KB 291; RV Mou......llant's writ petition is under Article 102(2)(b)(i) of the Constitution which runs as follows:‑ “The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law………………………&..Category: Constitutional Law | Date: | Hits: 365
Tozammel Hussain Chowdhury Vs. State, 1976, 5 CLC (AD)
....court under section 302 amounted to an acquittal of the appellant of the charge under section 302/149. Mr. Afzal, learned Deputy Attorney General argued that the charge under section 302/149 was an alternative charge so far as the appellant is concerned. This charge amounted to vicarious or const......p; Nov. 20, 1975 Cases Referred to: Kishan Singh Vs. The Emperor (55 I.A. 390), Shera Vs. The Crown (6 D.L.R. (F.C.) 80), State of Andh. Pra. Vs. T. Narayana (AI......ng so the High Court committed no illegality. In the result the appeal stands dismissed. The appellant is directed to surrender to his bail to serve out the sentence. Ed. ..Category: Criminal Law | Date: | Hits: 57
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
.... the adminisÂtration of which alone the court exists. 10. The inherent jurisdiction should not be invoked where some other remedy is available. The jurisdiction given by set lion 561A is not an alternative jurisdiction nor an additional Jurisdiction but it is a jurisdiction preserved in the in...... Journal (SC) 764, R.P. Kapur Vs. State, AIR 1960 (SC) 866, M.S. Khawaja Vs. State, 17 DLR (SC) 153. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate, instructed by A. Rab, Advocate-on-Record—For the appellants (In both the appeals). B. Hossain, Advocate-on-Record—For the Responde......the process of the court and to do the real and substantial justice for the adminisÂtration of which alone the court exists. 10. The inherent jurisdiction should not be invoked where some other remedy is available. The jurisdiction given by set lion 561A is not an alternative jurisdiction nor ..Category: Anti-Corruption Laws | Date: | Hits: 225
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....can claim allowance of unabsorbed depreciation in terms of s. 10(2) (vi) proviso (b) The Supreme Court held that the Revenue could under rule 33 assess of foreign company under any one of the three alternative methods provided therein. But if the Revenue chooses to follow the second method, then ......uddin Hossain, J. Debesh Chandra Bhattacharya, J. The Commissioner of Income-tax Chittagong zone, Chittagong.............Appellant. Vs. M/s. Everett Orient Line Corporation and others........... Respondents Judgment Dec. 18, 1975. Cases Re......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan CineÂma Co., 1976, 5 CLC (AD)
.... jurisdiction according to its own-discretion under Article 58. It is no doubt a well recognised practise of the Supreme Court, from which hardly any deviation is made, that when there is any alternative remedy, the Court is reluctant to grant leave, unless the appellant has exhausted ......s Referred to: The Commissioner of Income-Tax East Pakistan Dacca Vs. Messrs. Haji Gaffar Haji Habib Janoo 38 of 1959 dated 7th April, 1964; Tata Iron Steel Co. Ltd., Vs. Chief Revenue Authority, Bombay, 50 Indian Appeals 212; Commissioner of Income-Tax Vs. Arunachalm Chettiar, 1953 (23)......y;tion according to its own-discretion under Article 58. It is no doubt a well recognised practise of the Supreme Court, from which hardly any deviation is made, that when there is any alternative remedy, the Court is reluctant to grant leave, unless the appellant has exhausted all availabl..Category: Fiscal/Taxation Law | Date: | Hits: 126
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