Search Options
Judgment Advanced Search
Displaying 1461-1480 of 1543 results.
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....ules 2 to 9 contained in ScheÂdule II of the Act. A reading of the rules shÂows that there must be an attempt to serve the notice directly on the certificate debtor in person. But there is also the alternative proÂvision for service, by way of substituted service, if the attempt at personal servi......abur Rahman Vs. Madan Mia, 19 DLR 333; Tarangini Debi 19 DLR 57; Keramat Ali Vs. Mohammad Yunus, 15 DLR (SC) 130. Lawyers Involved: M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record—For the Appellant. Md. Fazlul Karim, Advocate instructed by A, W. Mian, Advocate-on-Recordâ......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
....w considerÂed the propriety of such a course nor the order granting special leave did not raise such a consideration it is not necessary or proÂper for us to consider the adoption of the possiÂble alternative course. 42. In exercising the power of appointment of a Mutwalli under section 43 of....... Hashim Ali Khan, 43 IA 212, Syed Habibur Rahman Chowdhury Vs. Syed Altaf Ali Chowdhury. L.A.48 IA 114: 26 CWN 81 ILR 48 Cal 856: AIR 1922 PC 159 S.N. Vengatagiri Vs. Hindu Religious Endum. Board reported in (1949) 1 DLR 81; Ramjan Khan vs. Obaidul Huq.reported in (1976) 28 DLR (AD) 57; and Shahzad...... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295...Category: Trust/Waqf Law | Date: | Hits: 182
Afsar Ali Moral Vs. The State, 1977, 6 CLC (AD)
....r along with one Akkas AH Dafadar faced a trial on three charges viz. under section 148 read with Article II(c) of Bangladesh Collaborators (Special Tribunal) Order, 1972, 364/34 and 302/34 in the alternative under section 30.3/109 B.P.C. read with Article II(a) of the aforesaid order. ......; Fazle Munim J Afsar Ali Moral.................Petitioner Vs The State............ Respondent Judgment...... to transportation for life under section 364 B.P.C. In our view the sentence passed should be read as one passed under section 303/109 B.PC instead of under Section 364 B.P. Code. Ed. ..Category: Criminal Law | Date: | Hits: 62
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
..... These powers cannot be invoked in a case which is fully covered by specific provision in the Code or where there is a positive prohiÂbition regarding a particular act or order or where there is an alternative remedy." 80. An exception, however, was made to the proposition laid down above, in ......sh, 17 C.W.N. 80 ; Dhirendra Nath Vs. Kamini Kumar, ILR 51 Cal. 495—18CW.N. 899— AIR 1924 Bal. 786; Hiralal Saha Vs. Akshary Kumar Saha, 37 CWN 766 -AIR 1933 Cal. 815; Sachi Gopinath Vs. Kukrai Prorab ChanÂdra Saha, 38 C.W.N, 172; Baidya Natn Vs Hemanta, 40 CWN 750; Bulanda Bashini Vs. Pran Gob...... a sale and the view of Ghosh, J, on this question, which was supÂported by Petheram, C.J., to whom the case was referred on such difference as the third Judge, was to the following effect : "The remedy under section 311 of the Code is not confined to the decree-holder and judgment-debtor; and w..Category: Property Law | Date: | Hits: 118
Akhtar Hossain Khan & others Vs. The State, 1977, 6 CLC (AD)
....which charge-sheet has been, submitted and cognizance has been taken under P.O. 50 after its repeal is' be tried by the Special Magistrate or the Special Tribunal as the case may be. Ed. ...................Appellants. Vs. The State..............................................Respondent Judgment August 26, 1976. Cases Referred to — Solicitor vs. A.T. Mridha, 26 DLR (SC) 173 (dissented from by the present Supreme Court judgment): Tozamm...... (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under 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 punis..Category: Criminal Law | Date: | Hits: 113
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ......facturing Co. Ltd. Vs. Province of East Pakistan in P.L.D. 1966 Dacca 117; Jennings Vs. Kelly 1940 A.C. 206 same case (1939) All. E.R. 464; Vacher and Sons Ltd. Vs. London Society of Compositors 1913 A.C 107; Powell Vs. The Kempton Park Race Course Company Limited (1899) A.C. 143 at page 1......e Statute, but its preamble, the existing state of law, other statutes in pari materia, and the mischief of which I can, by those and other legitimate means, discern the Statute was intended to remedy." 22. Referring to the proposition that the preamble cannot be made use of t..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries CorporaÂtion, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
.... done no work for respondent. The appellant sought a declaration that the termiÂnation of his employment was wrongful and-that he had the right to continue the employÂment from October 1, 1957, and alternatively he claimed damages for wrongful dismissal. The Privy Council held that when there has ......urt Appellate Division (Civil) Present: Syed AB Mahmud Husain CJ Ahsanuddin Choudhury J Kemaluddin Hossain J Debesh Chandra Bhattacharya J Bangladesh Small Industries CorporaÂtion, Dacca..............Appellant Vs. Mahbub Hossain Chowdhury............................ordinary Legal Remedies (1926) by Ferris referring to the law relating to the writ of manÂdamus as practised in the state Courts of the United States will bear this out: "Mandamus is the proper remedy to prevent further illegal exclusion from office in a private corporation when the right ther..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....Act did not function as a Court subordinate to the High Court within the meaning of section 115 of the Code of Civil Procedure as was correctly contended by the learned Attorney-General in the alternative. 22. It is not necessary for me to recite all the facts leading to the filing of.......Appellant. Vs. Abdul Mannan and others....................... Respondents Judgment Jan. 23, 1976. Cases Referred: Rangoon Botatoung Co. Ltd. Vs. Collector of Rangoon, 39 IA 197—ILR 40 Cal. 13 (PC); Sand Back Charity Trustees Vs. N.S. Railway Co.......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Government of Bangladesh Vs. Member, Administrative Tribunal, Dhaka and others, 2001, 30 CLC (AD)
....hat view of the matter, we no merit in this petition and the same is accordingly dismissed Ed. This Case is also Reported in: 53 DLR (AD) (2001) 112. ...... The Constitution of Bangladesh, 1972, Article 102 When the Tribunal case was disposed of on merit without preferring an appeal with the appropriate forum i.e. the Administrative Appellate Tribunal, writ petition before the High Court Division is n...... 5. Dr. M Zahir, learned Counsel entering caveat, on the other hand, submits that when the petitioner who contested the case before the Tribunal has not preferred any appeal and when he had remedy before the Administrative Appellate Tribunal the writ petition was rightly rejected by the H..Category: Administrative Law | Date: | Hits: 132
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
....naging Director. The respondent No. 3 having relinquished the office of the Managing Director and the respondent No. 2 being the founder Managing Director of the respondent company he had no other alternative but to assume the office of Managing Director with the consent of all the Directors and...... The Companies Act, 1994 (XVIII of 1994), Section 233 The Companies Act, 1994 has given wider power to the Court under section 233 for the protection of the interest of the minority share holders. The High Court Division passing th...... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ..Category: Business or Commercial Law | Date: | Hits: 95
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ...... Judgment August 24, 1995. Lawyers Involved: Mihir Kanti Majumder, Advocate (appeared with leave of the Court), instructed by AKM Shahidul Huq, Advocate‑on‑Record‑For the Petitioners. Syed Ishtiaq Ahmed, Senior Advocate, (Rokanuddin Mahmud, Seni......rue it is that under section 45 of Ordinance No. XXXIII of 1961 no suit is maintainable in any Court calling into question any o done, order passed or proceeding taken by the Board, but a suit as a remedy is available if the procedure provided in the said Ordinance is not followed by the Board. I..Category: Constitutional Law | Date: | Hits: 182
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....ting, refuse, to call a particular witness or to summon or admit a particular evidence." 11. The above Rule shows that the appointment of an enquiry officer is dependent on two alternative factors :‑(I) if the accused so desires, or (II) if the authority so directs. In ......p; Vs. Kazi Asaduzzaman and others............. Respondents Lawyers Involved: Shamsul Haque Siddique, Advocate‑on‑Record- For the Appellants. Mvi. Md. Wahidullah, Advocate‑on‑Record- For the Respon......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
Abu Taleb Vs. Government of Bangladesh, 1995, 24 CLC (AD)
....e materials furnished by the respondent, namely, the synopsis of the Enquiry Report, which formed the basis of the action taken against him reveals clearly that recourse to retirement was taken as an alternative "punitive measure" and not on a subjective evaluation of the appellant's service record.......istrict Medical Officer, Baripada, AIR 1992 (SC) 1020; Union of India Vs. ME Reddy, AIR 1980 (SC) 563; Union of India Vs. JN Sinha, AIR 1971 (SC) 40. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, instructed by Mr. Serajuddin Ahmed, Advocate‑on-ÂRecord‑For the Appellant. Abd......by the appellant. In that view of the matter we do not find any ground for interference. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 138..Category: Administrative Law | Date: | Hits: 175
Halid Hamidul Huq Vs. Nafisa Chowdhury & ors., 1995, 24 CLC (AD)
....82, FMA No. 74 of 1992 before the Court of Additional District Judge, First Court Dhaka, praying for his appointment as a trustee of a Trust created by his father, Hamidul Huq Chowdhury, or in the alternative for appointment or election of a suitable person as the Trustee for proper management o......) Present: MH Rahman CJ ATM Afzal J Mustafa Kamal J Latifur Rahman J Halid Hamidul Huq..................Appellant Vs. Nafisa Chowdhury & ors.................Respondents Judgment February 12th, 1995. Cases Referred t......t." 11. If there is serious apprehension, as given vent to by the appellant and respondent Nos. 4, 6 and 7, as to the properties in question being wasted away, a prayer for appropriate remedy may be made before the Court where the tide suit is pending. The appeal is dismissed..Category: Property Law | Date: | Hits: 76
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......) (1995) 97 ......ntainable, As Ibrahim J, succinctly put it in Sree Hari Sankar Nandi Majumdar vs. Sree Promode Chandra Roy Choudhury, 4 PLR (Dacca) 595, "The dominating idea in this agreement is not that the remedy will be barred but that the right itself will be forfeited". This principle has been fo..Category: Business or Commercial Law | Date: | Hits: 114
Lt. Col. (Retd) Nazimuddin Ahmed Vs. Bangladesh and Others, 1995, 24 CLC (AD)
....uthority by the subsequent order cannot be said to have been passed without any lawful authority or in violation of the principle of natural justice." 9. It appears that because of the alternative submission on behalf of the appellant that even assuming that he could not be appointed......Appellant Vs. Bangladesh and Others...............................Respondents Judgment April 30th, 1995. Lawyers Involved: Rafique‑ul‑Huq, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate‑ on‑Record- For the Ap......Court Division, we uphold the order impugned in the writ petition. The appeal is dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 87 ..Category: Employment/Service Law | Date: | Hits: 117
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. .......Respondents [In Civil Appeal No. 49 of 1994] Judgment February 22, 1995. Lawyers Involved: MI Farooqui Advocate, instructed by MG Bhuiyan, Advocate‑on‑Record‑ For the Appellant (In Civil Appeal No. 80 of 1993). B Hossain, Advocate‑on......Parliament, and he must do this not only from the language of the statute, but also from a consideration of the social conditions which gave rise to it, and of the mischief which it was passed to remedy, and then he must supplement the written word so as to give 'force and life' to the inten..Category: Property Law | Date: | Hits: 86
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....use serious hardship to him. 'Hardship' is to be considered as already mentioned above, against the circumstances existing at the time of the contract. At that time, we find, the appellant had his alternative Fatullah‑house, purchased on 29.5.77. So when he had made the agreement on 28.4.7......Shah, 39 DLR (AD) 242 =1986 BLD (AD) 231; Rakhal Dasi vs. Ayesha Khatun, 1985 BLD (AD) 45 and Jogesh vs. Farida, 1983 BLD (AD) 225. Lawyers Involved: Khondakar Mahbubuddin Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate‑on‑Record‑ For the Appella......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....its Uttara‑Ranabhola approach road in LA Case No. 4 of 1986‑87 or the road itself or the housing project in LA Case No. 2 of 1987‑88 had been carried into execution and, in fact, suggested some alternative including exclusion of the appellant's layout plan from its scheme and it was perfectly ......ahman J ATM Afazl J Mustafa Kamal J Latifur Rahman J Grihayan Limited.........................Appellant Vs Government of Bangladesh, through the Secretary, Ministry of Public Works and Urban Development, Bangladesh Secretariat, Dhaka and others .....................Respondent......tion of its alleged land. I do not find any provision in the Ordinance or any law under which a party aggrieved by an acquisition proceeding can approach the President of the country for redress. The remedy is provided in the Ordinance itself. If a person is allowed to bypass the Ordinance and take ..Category: Property Law | Date: | Hits: 79
Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps Vs. Bangladesh, 1995, 24 CLC (AD)
....uring the proper discharge of their duties. There is no merit in this appeal and, accordingly, it is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 01 ......ellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Col. Md. Hashmat Ali (Retired) of Bangladesh Army Medical Corps .............Appellant Vs. Government of Bangladesh and other .......................ng those in the services connected with defence, the benefits of Article 311 do not extend to those who hold post "connected with defence". 8. The appellant is not entitled to any remedy under Article 102 not because he was a member of a disciplined force but because he was hold..Category: Constitutional Law | Date: | Hits: 203
938937931923912911909906901884853846842837836831830822814810