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AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
....s claimed by him. 10. Mr. Abdus Sobhan, the learned Advocate for the respondent Corporation, submitted after examining some records that there was a proposal at one time for offering him an alternative employment under the Corporation which needed less physical work. He admitted, however,......bsp; Vs. Chairman EPRTC.... ............Respondents Judgment March 24th, 1970. Cases Involved: Muslim Cotton Mills (Pakistan Industrial Development Corporation vs. Din Islam 11 DLR 165; Agent, East Indian Railway vs. Maurice Cecil Ryan, AIR 1937 C......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 118
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ......llah & others.......Respondents Judgment February 13th, 1970. Cases Resferred- Shankhta Shukul vs Sm Govindi Devi AIR 1950 All. 693; Ham Din and another vs Buta, minor through Musammat Mahedan and another 120 1C 171; Ram Lai vs. Thakurdin and others 66 1C 678; Mr......intain defendant's possession to the exclusion of the plaintiffs, Article 47 does not apply. The intention of the law of limitation is that if no suit is brought within the statutory period the remedy is lost and in case of an order of a competent court it remains binding between the parties..Category: Property Law | Date: | Hits: 69
State Vs. Shiraj Ali, 1972, 1 CLC (AD)
.... of the question in the light of the observations made above. 16. The point raised by the learned Advocate has thus considerable force. In the circumstances of the case, we think, we have no other alternative but to set aside the order of conviction and sentence. 17. In view of the order we pr.......................Petitioner Vs. Shiraj Ali.................................... (Condemned Prisoner) Judgment January 26, 1971. Cases Referred to- 33 CWN 136; 13 DLR 289; PLD 1959 Lahore 474, PLD 1960 Lahore 111. Lawyers Involved: A Talukdar with Daliluddin Ahmed—For Condemn......the further evidence to be adduced, as directed. The condemned prisoner shall continue in the custody till disposal of the Session Case. Ed. This Case is also Reported in: 24 DLR (1972) 69. ..Category: Criminal Law | Date: | Hits: 81
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......tion is set aside. There will be no order as to costs in this appeal. Ed. ......N 489. It may be stated that the learned Subordinate Judge has misconceived the ruling reported in the said decision. The said decision is an authority of point that if a debtor needs to avail of the remedy provided in section 26G of the Act he can file an application within 3 years of the extinguis..Category: Property Law | Date: | Hits: 82
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
.... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221.......rocedure. The provisions of Article 34(5) will prevail over those of Order VII, rule 11. When the reliefs claimed fall within the clear mischief of Article 34(5) (a)(i) & (ii) it will be an idle formality to ask the defendant- appellant to file petitions afresh under Article 34(5) praying for no......) 144, have not addressed the question at issue from the standpoint from which it has now been addressed by us and therefore are not exactly to the point. 16. Rafique-ul-Huq submits that the only remedy available to the plaintiff-respondents is by way of claiming damages under section 69(3) of t..Category: Property Law | Date: | Hits: 77
Government of Bangladesh and Ors Vs. Mohammad Faruque, 1999, 28 CLC (AD)
....other points need not be decided by us. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 112. ......fundamental right. The protection from transfer from one place to another is protection in connection with terms and conditions of service. If there is any violation of any instruction having the force of law touching upon his terms and conditions of service, the Constitution requires one to tak......itions of service. If there is any violation of any instruction having the force of law touching upon his terms and conditions of service, the Constitution requires one to take recourse to specific remedy provided in Article 117 of the Constitution and that remedy shall have to be availed of by ..Category: Employment/Service Law | Date: | Hits: 68
Lt Genl Abu S Mohammad Nasim (Retired), BB psc Vs. Bangladesh, 1999, 28 CLC (AD)
....r has no other remedy either under Article 102 of the Constitution or in the civil Court. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 101. ......bsp; August 25, 1998. Cases Referred to- Major (retired) AFM Hafizur Rahman vs. the Government of Bangladesh, 29 DLR 34, Rear Admiral AA Mosta......the writ, petition summarily because it could not be established that the doctrine of the pleasure of the President is inhibited by an allegation of malafide in the case of military personnel. The remedy as always, is through representations and memorandums to be submitted to the President (and ..Category: Employment/Service Law | Date: | Hits: 77
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....months. 6. Leave was granted to consider the submission of the learned Advocate for the appellant that the proceeding under Article 34 of the BSRS Order, 1972 being a substantive, independent and alternative mode of recovery of BSRS dues/overdue under a special law and Article 34(5) of the said ......f 1972) Articles 33, 34 & 35 It is palpably clear that the learned trial Judge as well as the learned Judges of the High Court Division acted illegally and without jurisdiction in granting temporary injunction in a matter covered under Article 34 of the BSRS Order which is a special enactment......der the submission of the learned Advocate for the appellant that granting of temporary injunction is contrary to the scheme of the legislation as the legislature enacted the law providing for speedy remedy against non-payment of dues or breach of any obligation and a provision of the special law wi..Category: Business or Commercial Law | Date: | Hits: 124
Board of Intermediate and Secondary Education, Dhaka Vs. Md. Faizur Rahman & ors., 1999, 28 CLC (AD)
....ot be directly ascribed to an unofficial report or information. Annexure-F clearly refers to the government direction, Annexure-D. It appears that after receipt of Annexure-D the Board had no other alternative but to issue a show cause notice upon the Governing Body. Independence of an action is......p; November 3, 1997. The Intermediate and Secondary Education Ordinance, 1961, Section 10 Section 10 gives the Government the authority to cause an inspection of the affairs of the Board, not of individual schools and colleges. U...... 26. At the end of the detailed hearing we do not find any ground for interference. The petition is dismissed Ed. This Case is also Reported in: 51 DLR (AD) (1999) 59. ..Category: Constitutional Law | Date: | Hits: 155
Abdul Quddus (Md) Vs. Md. Mobarak Hossain, 1999, 28 CLC (AD)
....f 1996 was not pressed by the learned Advocate of the parties. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 54. ...... Judgment January 19, 1997. The Code of Civil Procedure, 1908 (V of 1908) Section 151 The learned single judge committed no illegality in affirming the order passed by the trial court in exercise of his power under section 151 of the C.P.C , the trial......suit was affirmed by the learned Single Judge of the High Court Division. 5. Mr. Sultan Ahmed, learned Advocate appearing for the defendant-petitioner submits, first, that a specific legal remedy having been provided under Order 9 rule 9 of the Code, the restoration of the suit under sec..Category: Procedural Law | Date: | Hits: 118
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....f the order of injunction was stayed. 3. The respondent made the advertisement for sale of the petitioner’s Mill fixing, 4-3-98 the date for sale. The petitioner then finding no other alternative moved the High Court Division in writ jurisdiction but has been summarily refused as al......bsp; March 31, 1998. The Bangladesh Shilpa Rin Sangstha (BSRS) Order, 1972 Article 34 The alleged decision of the Civil Court as to the certificate proceeding may or may not be correct but, the same does not bind the BSRS not to have recourse to article 34 on t...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..Category: Business or Commercial Law | Date: | Hits: 106
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
....ary Provisions) Ordinance, 1985 (LIV of 1985), Sections 5 & 7 Inclusion of the property within “kha” list is void and violative of Article 42 of the constitution even though alternative remedy is available, the writ petitioners can come directly to the High Court Division ......p; Government of Bangladesh, represented by Ministry of Works and another……………….. Petitioners Vs. ......ns) Ordinance, 1985 (LIV of 1985), Sections 5 & 7 Inclusion of the property within “kha” list is void and violative of Article 42 of the constitution even though alternative remedy is available, the writ petitioners can come directly to the High Court Division for protecti..Category: Property Law | Date: | Hits: 56
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
....g auditors in the annual general meeting is for prospective auditing of a company. When the minority shareholders apply under section 233 of the Companies Act, the Court has inherent power to make alternative arrangements for appointment of Auditors for past years if no auditing has taken place&......sp; April 30, 1998. The Companies Act, 1994 (XVIII of 1994) Sections 210(7) & 233 The provisions of appointing auditors in the annual general meeting is for prospective auditing of a company. When the minority share...... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....h 5, 1998. The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution of Bangladesh, 1972, Article 102 In principle where an alternative statutory remedy is available a writ petition under Article 102 of the Constitution sha......The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution of Bangladesh, 1972, Article 102 In principle where an alternative statutory remedy is available a writ petition under Article 102 of the Constitution shall not be entertai......Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 (LIV of 1985) Section 5(2) The Constitution of Bangladesh, 1972, Article 102 In principle where an alternative statutory remedy is available a writ petition under Article 102 of the Constitution shall not be entertained ..Category: Property Law | Date: | Hits: 48
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
....ad to abandon their application before the Court of Settlement and came to the High Court Division with a writ petition. The other point urged by Mr. Nabi is that even if the writ petitioner had an alternative remedy before the Settlement Court, it did not bar a writ petition because the alterna......Judgment April 4, 2000. The Abandoned Properties (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 7 Although when the writ petitioner had made his application before the Court of Settlement the said Court was not duly constituted, it was so constituted and fun......de. When the Court of Settlement was the proper forum to deal with the question of abandonment under section 7 of the Ordinance it could not be said that forum did not offer an equally efficacious remedy. When inclusion of a property in the list of abandoned properties is not ex facie void, writ..Category: Property Law | Date: | Hits: 73
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
.... having released the goods on payment of additional customs duty and sales tax he ought to have asked for refund under section 33 of the Customs Act within six month. He having not availed of this alternative remedy writ petition is not maintainable. ……………&hell......ahman……………………. Respondent Judgment June 1, 2000. The Constitution of Bangladesh, 1972, Article 102 (i) When a provision for appeal in a statute is attended with an inviolable and non-relaxable condition of payment of fin......rovision for appeal in a statute is attended with an inviolable and non-relaxable condition of payment of fine or extra-duty in full then it can be said that the petition has no equally efficacious remedy. The petitioner having released the goods on payment of additional customs duty and sales ta..Category: Fiscal/Taxation Law | Date: | Hits: 94
Delwar Hossain Mia (Md) and another Vs. Bangladesh, 2000, 29 CLC (AD)
.... substantial question of law has been made out for grant of leave in this case. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ...... The Constitution of Bangladesh 1972, Article 102 A person in the service of the republic will be required to seek remedy under article 117(2) but he who intends to invoke fundamental right for challenging infirmity of a law will seek his remedy under article 102(1). Cases Re......; August 8, 1999. The Constitution of Bangladesh 1972, Article 102 A person in the service of the republic will be required to seek remedy under article 117(2) but he who intends to invoke fundamental right for challenging infirmit..Category: Constitutional Law | Date: | Hits: 151
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....examine Part IX and sub-paragraph (6) of paragraph of the 6 of the Fourth Schedule to the Constitution. This exercise will help us in finding out whether chapter II of Part VI contains a full-fledged alternative to Article 133 or not. Our answers to the various issues raised by the learned Counsels ...... The President can create and establish a judicial service and also a judicial magistracy and make rules and also the rules regarding suspension and dismissal etc. These articles and the Service (reorganization and conditions) Act, 1975 have no manner of application in respect of judicial service ......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
.... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ......; August 12, 1999. The Arbitration Act, 1940 (X of 1940), Sections 32 & 33 Without having recourse to section 33 no declaration that an arbitration agreement or an award or the effect of either for an existence or validity thereof can not be obtained in a ......ct provides that no suit shall lie on any ground for a declaration upon the validity of an arbitration award nor such award can be set aside “otherwise than as provided in the Act”. The remedy by a suit is taken away by section 32 of the Act. The expression “otherwise than as pr..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......m the specific mention of the Code in sub-section (5) of section 5 of the Ain it is clear that the provision of Order 9 rule 9 of the Code may be followed by the plaintiff financial institution before the Artha Rin Adalat for setting aside an ex parte order of dismissal of the suit for default.&...... provision literally it would lead us to an absurd conclusion and it would defeat the purpose for which the enactment was made. The intention of the legislature could not be that there should be no remedy if the suit brought by the financial institution, the creditor, stood dismissed for default...Category: Business or Commercial Law | Date: | Hits: 104
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