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Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ......1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Events and developments evolved and transpired after the filing of the suit may be incorporated by way of amendment of the plaint. The plaintiff as the arbiter litis of his suits has th......can be amended according as the plaintiff wishes to lay stress on either the first suit or the second suit, having regard to the fact that he is obliged to pursue the two suits basically for the same remedy……………(10 & 15) Lawyers Involved: Fazlul Haque, Advocate (appeared with th..Category: Property Law | Date: | Hits: 59
AKM Mayeedul Islam Vs. Bangladesh Election Commission and others, 1996, 25 CLC (AD)
....ion, because the orders of conviction have not attained finality. It cannot be said that he had no authority to so decide id it also cannot be said that his decision suffers from malice in law. If an alternative interpretation is possible with regard to the issue in question, namely, the effect of p......ath, AIR 1958 (Assam) 183; Serajul Huq Chowdhury vs. Nur Ahmed Chowdhury, 19 DLR 766; AFM Shah Alam vs. Majibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Petitioner. Rafique......ot on the grounds stated in the impugned judgment, but on the ground that the writ petition was not maintainable. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 230; 48 DLR (AD) (1996) 208 ..Category: Election Law | Date: | Hits: 133
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
....d to pay the customs duty/sales tax at the rate higher than the rate in force on the date of opening of the letters of credit and 2) whether the writ-petitions were maintainable in the presence of alternative remedy provided for in the Customs Act itself. 7. As regards the first point of ......ellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Collector of Customs, Chittagong and Others…………………&hellip...... customs duty/sales tax at the rate higher than the rate in force on the date of opening of the letters of credit and 2) whether the writ-petitions were maintainable in the presence of alternative remedy provided for in the Customs Act itself. 7. As regards the first point of the High Cou..Category: Business or Commercial Law | Date: | Hits: 126
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......…………..Other Parties Judgment January 30, 1995. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Unless a prayer for review is based on the grounds mentioned in Order XLVII , rule 1 of the Code the Court will not s......h jurisdiction. It is not because a conclusion is wrong but because something obvious has been overlooked, some important aspect of the matter has not been considered, that a review will lie. It is a remedy to be used exceptional circumstances.” 8. Mr. Ahmed referred to the cases of Rahima Akh..Category: Property Law | Date: | Hits: 80
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....dated 12-4-87. By a further telex dated 17-4-87 the defendant denied claims of total loss, constructive total loss or unrepaired damage. 3. The plaintiff therefore filed the suit with three alternative prayers:- (a) The vessel was a total loss and the claim for total loss is US $ 19,11,00......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sadharan Bima Corporation……………………………&h......nature of compensation for damages than in the nature of reasonable cost of repairs, Mr. Hossain had invoked sections 73 and 124 of the Contract Act to justify the inclusion of these two items. The remedy under those sections of the Contract Act lies in the Civil Court, if at all, not under the ..Category: Business or Commercial Law | Date: | Hits: 151
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ...... Judgment January 3, 1996. Result: The appeal is allowed. Case Referred to- AFM Shah Alam vs Mujibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khan Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on -Record—For the Appellant. Dr. Kam......pter V a special forum and procedure. An election dispute can only be raised by way of an election in the manner provided therein. Where a right or liability is created by a statute providing special remedy for its enforcement such remedy as a matter of course must be availed of first. The High Cour..Category: Election Law | Date: | Hits: 129
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
.... for the purposes of adjudication of these matters flows as a necessary corollary therefrom. The mere fact that a neglected wife has been hesitant in promptly coming to the Court or has been pursuing alternative remedies out of Court cannot, in all fairness, be so construed as to deprive her of the ...... Result: The appeal is allowed in part. Cases Referred to- Abdul Futfer Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; Mst. Ghulam Fatima Vs. Sheikh Muhammad Bashir, PLD 1985 (WP) (Lahore) 596; Sardar Muhammad Vs. Most. Nasima Bill and ors, 19 DLR (WP) 50 = PLD 1966 (Lahore) 703; Sir......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
Government of Bangladesh Vs. A H M Amir Hossain, 1996, 25 CLC (AD)
....ised through the Public Service Commission. In the meantime many of the teachers of the nationalised colleges retired and some of them were on the verge of retirement and as such, finding no other alternative they took steps for redressing their grievance through Court and ultimately the writ pe......………..Appellant/Petitioner Vs. A H M Amir Hossain………………..Respondent [In Civil Appeal No. 52 of 1991 with Civil Petition for Leave to Appeal No. 317 of 1991] A H M Amir Hossain…………&hellip......e application for review on the ground, first, that the delay in filing the application for review has not been properly explained; secondly, the respondent in the writ-petition had an alternative remedy by way of appeal which bars review and thirdly, the impugned direction was given in exercise..Category: Constitutional Law | Date: | Hits: 174
Raziul Hasan Vs. Badiuzzaman Khan and others, 1996, 25 CLC (AD)
....1990. 2. Respondent No. 1 filed Administrative Appellants Tribunal Case No. 264 of 1990 praying for a declaration that he has been the Director/Deputy Secretary with effect from 18-4-81 or in the alternative from 29-6-81 and also for a declaration that the placement of the appellant and responde......ndents Judgment February 1, 1996. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 104 i) In Government Service the question of due promotion and seniority are very important matters and a person who enters Govt. Service always thinks that if he perf...... duty with honesty, sincerity and dedication his promotion and seniority is secured………………(14) ii) Whenever a gross injustice is done to anybody for no fault or laches of his own and no remedy is available to the aggrieved person under the existing legal structure and if any valuable r..Category: Administrative Law | Date: | Hits: 167
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ......il) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Mohammad Brothers represented by its proprietor Md. Shahidullah……….Petitioner Vs Collector of Customs and anot......of contract disputed the grievance that the impugned order offends the principle of natural justice is not entertainable. The High Court Division further held that the petitioner is not without any remedy as the Customs Act provides for appeal, revision, etc which the petitioner can avail of by ..Category: Business or Commercial Law | Date: | Hits: 111
Yusuf A Hassan Vs. KM Rezaul Firdous, 1996, 25 CLC (AD)
....of the learned Sessions Judge are set aside and the order of the Chief Metropolitan Magistrate dated 10.5.94 is affirmed. Ed. This case is also reported in: 48 DLR (AD) (1996) 53 ...... Referred to- Abdus Salam Master vs. State, 35 DLR 140; Abdus Salam Master vs. State, 36 DLR (AD) 58; Abdur Razzaque vs. State, 35 DLR 103. Lawyers Involved: Serajul Huq, Senior Advocate, (AKM Nazrul Islam, Advocate with him), instructed by Sharifuddin Chaklader, Advocate-......e acted beyond his jurisdiction in dismissing the petition of complaint. 8. Mr. Serajul Huq, learned Advocate for the appellant, submits, first of all, that section 436 CrPC gives a precise remedy to a complainant whose petition of complaint has been dismissed under section 203 CrPC. Unde..Category: Criminal Law | Date: | Hits: 60
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
....ircumstances the plaintiffs were constrained to file this suit and prayed, pending hearing of the suit, for stay of further proceeding of the aforesaid Miscellaneous Case No. 91 of 1991 or, in the alternative, for analogous hearing of the suit with the Miscellaneous Case. 3. On 8 March 199......ppellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J W B Industrial Corporation Ltd. and others ……………Petitioners Vs. Dee...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ..Category: Business or Commercial Law | Date: | Hits: 107
Hutchison Telecom Bangladesh Ltd. Vs. BD Telegraph & Telephone Board & ors, 1996, 25 CLC (AD)
....mit any illegality in discharging the Rule Nisi. 12. We find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 30 ......egraph and Telephone Board and others……………………….Respondents Judgment June 5th, 1995. Case Referred To: The Moorcock, (1886-90) All ER Rep. 530 and Koduri Krishnarao vs. State of Andhra Pradesh, AIR 1962 (Andh......y, The Moorcock, (1886.90) AU ER Rep. 530 and that of Koduri Krishnarao vs. Slate of Andhra Pradesh, AIR 1962 (Andhra Pradesh) 249 are cases where the Court imported the doctrine of implied term to remedy some oversight and to save the contract from being wrecked unless the minimum implied term ..Category: Information Technology Law | Date: | Hits: 251
Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board & others, 1993, 21 CLC (AD)
....e of the writ petition and the appeals. That disposes of the second branch of Mr. TH Khan’s submission on maintainability. 18. With regard to the availability of arbitration and civil suit as an alternative remedy, Article 102 of the Constitution provides that if there is “no other equally ef......ivil Appeal No. 73 of 1992) Bangladesh Telegraph and Telephone Board and anr. ……………………………Appellant (In Civil Appeal No. 3 of 1993) Vs. Bangladesh T & T Board & ors........... Respondents (In Civil Appeal No. 73 of 1992) Bangladesh Telecom (Pvt) Ltd. and an......t petition and the appeals. That disposes of the second branch of Mr. TH Khan’s submission on maintainability. 18. With regard to the availability of arbitration and civil suit as an alternative remedy, Article 102 of the Constitution provides that if there is “no other equally efficacious re..Category: Information Technology Law | Date: | Hits: 242
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......din Mia and another vs. Mvi. Abdul Muzaher 2 DLR 344; Ahmed Shah Khan vs. Abdul Barket 11 DLR 427; Kumar Krishna Prashad Lai Singha Rao vs. Sarahoni Coal Concern Ltd. and others AIR (1937)(PC)251 corresponding to 64 IA 311; Kesoram Poddar vs. Banamali Dey and ors. AIR 1927 Cal. 141 and Gajadhar ......s in suit. I, therefore, do not find any legal law in the direction given in the remand order. However, the gist of the matter is, whether directed or not it is now up to the plaintiff to seek his remedy in a properly framed title suit. His hope of securing the desired end of throwing the defend..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....eal cannot be sustained and the case has got to be remanded. It is indeed true that the first appellate Court should not ordinarily remand a case but in view of the above circumstances, there is no alternative but to remand the case. In fact, both the parties are pressing for a remand. 15.......bsp; Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involved: Nasiruddin Chowdhury — For the Appellant. Habibur Rahman — For the Respondents. Appeal from Original D......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ..Category: Property Law | Date: | Hits: 59
Rabiul Hossain Vs. Chairman, District Council Khulna and DC Khulna and others, 1972, 1 CLC (HCD)
.... the notice on sending it by post to the person for whom it is intended or by affixing it to some conspicuous part of his place of abode or business. It will be seen from this Article that several alternatives have been provided for the service The manner in which these alternatives have been st...... Chairman, District Council Khulna and DC Khulna and others................Respondents Judgment January 13th, 1971. Lawyers Involved: Ismailuddin Sarkar — For the Petitioner. Abdul Matin Khan Chowdhury — For the Respondents. Pe......s petition was passed without lawful authority and has no legal effect. The petitioner is entitled to his cost of this petition which we assess at Rs. 51.00 (Rupees fifty one-only). Ed. ..Category: Others | Date: | Hits: 92
Aminul Islam Vs. State, 1972, 1 CLC (HCD)
....acts which can be proved will constitute, the accused may be charged with having committed all or any of such offences and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences. Section 235 relates to the joinder ......Judgment June 5th, 1970. Cases Referred: Sk. Mujibur Rahman & others vs State 15 DLR 549 PLD 1964 Dac 330; Fakku Mia alias Motahar All vs. The State 10 DLR 26; Srinivas Mall vs King Emperor 51 C.W.N 900. Lawyers Involved: Abdul Aziz with Latifur Rahman—For the Appellant. Md. ......s not at all been proved and he is entitled to be acquitted. The appeal is allowed. The conviction and sentence passed against the appellant are set aside and he is acquitted of the charge. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....of the Code of Civil Procedure in the facts and circumstances of the case or not. In exercising inherent power under section 151 of the Code of Civil Procedure the principle is that where there is alternative remedy the said inherent power should not be exercised by the Court and the benefit of ...... Din Vs. Debi Charan 51 All 1017 : (AIR (26) 1929 All. 805); Sachindra Narayan Das and others vs. Rajani Kumar De and others 7 DLR 198; Ch. Mohd. Afzal vs. Mt. Sardar Begum and others, AIR 1949 Lahore 69; Komorappa Goundan vs. Ramaswamy Goundan, AIR 1948 Madras 150; RK Balaji Rao and others vs. ......o the judgment of the Supreme Court of India in Carikapati Veeraya vs. Subbash Choudhury PLD 1957 (SC) India 446, where after an exhaustive review of cases it was held that the legal pursuit of a remedy, suit, appeal and second appeal are really but steps in a series of judicial proceedings ..Category: Property Law | Date: | Hits: 86
Mofazzal Molla and another Vs. Parul Bala Debi and others, 1972, 1 CLC (HCD)
....on remand to the trial Court for disposal of the case in accordance with law and in the light of the observations made in this judgement. I leave the parties to bear their own costs. Ed. ......r Singh vs. Sitaram AIR 1952 Pat. 48; Md. Idris Khan vs. Hajee Erfanuddin, 9 DLR 601; Suresh Chandra Sen vs. Jogesh Chandra Sen, 43 CWN 969; Lawyers involved: Syed Mohammad Ali—For the Petitioner. SMA Latif—For the Opposite Party No.1. Civil Rule No. 1324......the learned Munsif acted without jurisdiction in entertaining and allowing the application under section 151 of the Code of Civil Procedure; whereas, the learned Munsif ought to have held that the remedy of the petitioner Parul Bala, if any, lay in a properly framed suit in an appropriate forum...Category: Property Law | Date: | Hits: 69
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