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State Vs. Monir Hossain & another persons, 2007, 36 CLC (HCD)
....ourt below, District Magistrate, Manikganj and Superintendent of Police, Manikganj at once for information and necessary action. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 455 ......ondal Vs. State, 11 MLR 168 = 11 BLC 1; Mostain Mollah Vs. State, 44 DLR 295; Rajastan Vs. Kartar Singh, 1970 AIR 1305. Lawyers Involved: SM Aminul Mam, DAG -with AKM Nurul Alam, AAG—For the State. Mahbubey Alam, with Md. Abdul Alim Miah with Samarandra Nath Biswas, Advocates&md......ent evidence have come even during the course of trial. But the learned Judge of the Tribunal has taken no step to bring those into the task. It is to be remembered that there can be no wrong without remedy. So when the learned Judge of the Tribunal has received sufficient evidence to implicate..Category: Criminal Law | Date: 27 May, 2007 | Hits: 5
Faruk Ahmed and another Vs. Bangladesh, 2007, 36 CLC (HCD)
....in their feeder post shall be maintained and their seniority shall be determined in the light of the General Principles of Seniority 1970. He lastly submits that the respondent No. 1, has no other alternative but to comply and give effect of such opinion, but without doing so the respondent No. ...... Vs. Bangladesh represented by Secretary, Ministry of Home Affairs and another………..Respondents Judgment May 16, 2007. Result: The Rule is made absolute without any order as to cost. Cases Referred to- Chairman, Bangladesh Textile Mills Corporation Vs. ......ssion (Annexure-D) within two months from the date of receipt of this judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 151. ..Category: Others | Date: 16 May, 2007 | Hits: 4
Most. Azmiri Begum and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....y of Land and Respondent No.2 Director General, Land Record and survey Tejgaon, Dhaka for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 400. ......¦â€¦â€¦â€¦â€¦â€¦Respondents (In both the writ petitions) Judgment March 7, 2007. Result: The Rules are made absolute. Cases Referred to - Md. Aftab Ali Sheikh Vs. Director, Land Records and others, 11 MLR 226; Mustafa Kamal and others Vs. Director Land Records and ot......er dismissed the Appeal No.1480 of 1999 by his Judgment and order dated 11.05.2000 (Annexure-A-1). 11. After long lapse, the respondent Nos.7-16 filed-an application to the respondent No.3 for remedy in the similar Appellate authority under Rule 31 of Tenancy Rules for reconsidering the said..Category: Property Law | Date: 7 Mar, 2007 | Hits: 10
State Vs. Shahid Javed Gaira @ Garib Miah and others, 2006, 35 CLC (HCD)
....ubmits that the State seeks confirmation of the death sentence in respect of all 3 remaining condemned prisoners. With regard to condemned prisoner Sundar Babu, the learned D.A.G. submits that in the alternative, if the Court is satisfied that Shah Alam Babu, who was present in the dock and not iden...... Cases Referred to- Sheikh Mujibur Rahman @ Razibulla Vs. State, 58 DLR 393; Nurul Islam and others Vs. The State, 43 DLR (AD) 6; Belal Ahmed Vs. The State, 40 DLR 154; Amar Kumar Thakur & ors Vs. The State, 8 BLD (AD) 101. Lawyers Involved: Fahima Nasrin, Deputy Attorney-General wi......iscellaneous (Suo Motu Rule) No.3196 of 2005. At the very outset the learned advocate submits that the Suo Motu Rule is not maintainable, since the application under Section 561A was filed when other remedy was available and since Section 561A of the Code of Criminal Procedure can be invoked only wh..Category: Criminal Law | Date: 29 Aug, 2006 | Hits: 31
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
....es are the same title and the court is competent to grant the relief so claimed. Unless the Court is satisfied with the above tests of law, no stay can be granted. If the earlier suit fails or in the alternative the plaintiff of the earlier suits unable to get a decree, the plaintiff of the subseque...... the parties are the same title and the court is competent to grant the relief so claimed. Unless the Court is satisfied with the above tests of law, no stay can be granted. If the earlier suit fails or in the alternative the plaintiff of the earlier suits unable to get a decree, the plaintiff of th...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
....n and the Supplementary-Affidavit stating, inter alia, that the petitioner is, in
fact seeking to have a specific criminal proceeding quashed invoking the writ
jurisdiction for which there is other alternative and efficacious remedy under
section 561A of the Code of Criminal Procedure and, as suc......y 9, 2006.
Result:
The Rule is
discharged.
Obligations
of an agent
An agency relationship
will arise from an agreement particularly from a contract, the express or imÂplied
terms of which govern the rights and liabilities of the parties. In the absence
of an......davit stating, inter alia, that the petitioner is, in
fact seeking to have a specific criminal proceeding quashed invoking the writ
jurisdiction for which there is other alternative and efficacious remedy under
section 561A of the Code of Criminal Procedure and, as such, the writ petition
is not..
Category: Business or Commercial Law | Date: 9 May, 2006 | Hits: 6
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
....d regulations of the Bangladesh Biman Corporation. Inspite of repeated demands made on several occasions the respondent nos.2-6 did not make the petitioner's service permanent and finding no other alternative remedy the present petitioner instituted present I.R.O. Case No.30 of 2001. 10. In......our Court, Dhaka and others………………………..Respondents Judgment April 27, 2006. Result: All the Rules are made absolute. Cases Referred to- Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 48 DLR (AD) 62; Managing Director,......s of the Bangladesh Biman Corporation. Inspite of repeated demands made on several occasions the respondent nos.2-6 did not make the petitioner's service permanent and finding no other alternative remedy the present petitioner instituted present I.R.O. Case No.30 of 2001. 10. In Writ Petit..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Rabya Khatun Vs. State and another, 2006, 35 CLC (HCD)
....rt that a conviction of an accused person for possession of contraband goods can be given relying on the evidence of the prosecuting agency without being corroborated by other evidence or in the alternative, the evidence of the police personnel can be the basis of conviction of an accused ......esh, AIR 1963 S.C. 822; State of Maharashtra Vs. P.K. Pathak, AIR 1980 S.C. 1224; State of Punjub Vs. Balbir Singh, AIR 1994 S.C. 1872. Lawyers Involved: Golam Mohammad Chowdhury, Deputy Attorney-General-For the State. Jail Appeal No.189 of 2005. Judgment S.K. Sinha J.-Conv......appellant is found not guilty of the charge and she be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 473. ..Category: Criminal Law | Date: 18 Apr, 2006 | Hits: 10
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
.... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ......dgment April 18, 2006. Result: The Rule is made absolute. Case Referred to- Breeh Vs. Amalgated Engineering Union, (1971) 1 All ER 1148. Lawyers Involved: S.M. Zahidur Rahman - For Petitioner No.2. No one appears - For Opposite Parties. Civil Revision No.1523 of 1990 (Dha......etition. 7. Laws regulating amendment of pleading is engrafted in Rule 17 of Order 6 of The Code. The provisions embodied in Order 6, Rule 17 of The Code constitute a Rule of Procedure advancing a remedy to rectify an error, mistake, omission or default in pleadings of parties. The consideration ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
....med to have been in her service in the post of Lecturer in
EconomÂics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
......Principal and Member-Secretary,
Kanchipara Mahabidhyalaya and others……Opposite Parties
Judgment
December 6, 2005.
Result:
The Rule is made absoÂlute.
Failure and/or frustration
of the ancillary/auxiliary relief cannot frustrate the entire suit and canÂnot
res...... is necessary to effectively adjudicate the point of issue
involved in the suit and against whom the plaintiff must have right to seek
relief and in whose absence the Court cannot give an effective remedy.
21. It is true that the college has not
been impleaded as a defendant but his presence..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....e guilt of the accused-person beyond any reasonable doubt. 26. Normal punishment for the offence of committing murder is capital sentence, but if there is any extenuating circumstance, then only alternative lesser punishment may be awarded. Punishment under section 302 of the Penal Code is to b......p; Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211; State Vs. Rokeya Begum and another, 13 BLT 377 = 10 BLC 687. Lawyers Involved: Fazilatun Nessa, Deputy Attorney-General with Nasreen Akhter, Assistant Attorney-General and Abdul Malek, Assistant Attorney-Ge......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229...Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Cox's Bazar Pourashava Vs. Bangladesh and Others, 2005, 34 CLC (HCD)
.... Terminal of Cox's Bazar Pourashava by the Zila Parishad is motivated, illegal and violative of the petitioner's statutory legal right. In the circumstances the petitioner having no other efficacious alternative remedy has become to this court and obtained the present Rule. At the time of issuance o......bsolute. Case Referred to- Government of Bangladesh Vs. M/S. Eastern Industries (BD) Limited, 14 B.L.D (AD) 254. Lawyers Involved: Idrisur Rahman with Md. Shahidullah and Pratikar Chakma-For the Petitioner. Bodruduzza, Deputy Attorney-General with Farid Uddin Khan, Assistant Attorney-...... Cox's Bazar Pourashava by the Zila Parishad is motivated, illegal and violative of the petitioner's statutory legal right. In the circumstances the petitioner having no other efficacious alternative remedy has become to this court and obtained the present Rule. At the time of issuance of the Rule, ..Category: Civil Law | Date: 30 Aug, 2005 | Hits: 39
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ...... Ed. ...... in short, is that the 'exclusivity clause' of the Licence Agreement is against public policy and is, therefore, void. The writ petition is ex facie not maintainable for non-exhaustion of efficacious remedy of arbitraÂtion. The writ petitioner obtained the 'exclusivity clause fraudulently. The Lice..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
....commended for
overlooking the said alleged deviations and to save Tk. 2,50,00,000.00 of the
Government Exchequer by giving the Purchase Order to the petitioner treating it
as Responsive and in the alternative he recommended for Re-tender/ Fresh
Tender. The Chief Engineer sent the Tender DocuÂme......ses Referred to-
51 DLR (AD) 24; 54
DLR (AD) 88; 55 DLR 171, 57 DLR (AD) 1; Tata Cellular Vs. Union of InÂdia A.I.R.
1996 S.C. 11; AssociÂated Provincial Picture Houses Ltd. Vs. Wednesbury
Corporation.
Lawyers Involved:
Md. Ozair Faruque-For the Petitioner.
M. Amirul Islam......of no legal effect. By referring 51 DLR (AD) 24 he submits
that the writ petitioner can come directly to the High Court Division for
protection of their fundamental right even though an alternative remedy is
available and then he referred to 54 DLR (AD) 88 and submits that
where financial intere..
Category: Others | Date: 15 Aug, 2005 | Hits: 6
....d be discharged as being not maintainable.
In the result, both the writ petitions are discharged without, any order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 609.
......others..................................Respondents
Judgment
July 24, 2005.
Result:
The Petitions are discharged.
It is now settled by our apex court that matters relating to or arising out of the terms and conditions of the persons in the service of the Republic should be a......fundamental rights, guaranteed by the Constitution, or any other law. 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 Articl..
Category: Administrative Law, Employment/Service Law | Date: 24 Jul, 2005 | Hits: 8
Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....y her. DefenÂdant No. 1 obtained probate of the will in 1979. In 1984 the plaintiffs brought the suit for declaration of their title to the said propÂerty and confirmation of possession therein. An alternative prayer was also made for speÂcific performance of a contract for sale in reÂspect ther...... dead his heirs: Kartick Chowdhury Saha & others………..Respondent Judgment July 4, 2005. Result: The Appeal is allowed. Lawyers Involved: AKM Shahidul Huq, Advocate-on-Record- For the Appellant. Md. Aftab Hossain, Advocate-on-Record - For Respondent Nos. 1-2. Not......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
....ttempt to
sell out the building upon the land in question in auction (Vide
Annexure-"E" to the .Writ Petition) Against that sort of illegal
action of the respondents the petitioners, have no other alternative and efficacious
remedy except by way of moving Writ Petition before this Court.
7.......nted by the Secretary, Ministry of Education and others…………………….Respondents
Judgment
May 3, 2005.
Result:
The Rule is made
absolute.
Case referred to-
Porimol Kumar Dey and others Vs. D.C.
Bakerganj and others,
19 DLR 210.
Lawyers Involved:
......ing upon the land in question in auction (Vide
Annexure-"E" to the .Writ Petition) Against that sort of illegal
action of the respondents the petitioners, have no other alternative and efficacious
remedy except by way of moving Writ Petition before this Court.
7. Ms. Syeda Afsar
Jahan, the ..
Category: Property Law | Date: 3 May, 2005 | Hits: 3
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
.... a previous application made by him in this behalf, have directed" were added so that the judgment-debtor may have an option to deposit in the court the amount due from him under the decree or in the alternative may provide security, that at that time i.e. in 1935 a suit for possession of immovable ......…………………………..Respondent Judgment May 2, 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tenant passed in a small cause sui......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....d to make physical contacts with her frequently. As a result she became pregnant and began to press him to marry her. But without paying any heed to her he began to defer the matter. Finding no other alternative she brought the matter to the knowledge of her mother who without delay apprised her fat...... The Jail Appeal is allowed. Nari‑o‑Shishu Nirjatan Daman Ain(VIII of 2000) Section 9 (1) Lawyers Involved: Md. Khalilur Rahman Bhuiyan, Government Legal Aid Panel Advocate- For the Appellant. Fara Mahmuda, Assistant Attorney-General- For the Respondent. Jail Appea......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Sultan Ahmed & another Vs. Government of Bangladesh and others, 2005, 34 CLC, (HCD)
....ner would have locked his phone, he could have avoided use of his phone by others. When the phone of a subscriber remains disconnected for 59 days, his phone is closed permanently. The petitioner has alternative remedy and, as such, the present Writ Petition is not maintainable. 6. Respondent No.2 a......disposed of. Case Referred to- Chowdhury and Sons Ltd. and another Vs. Government of Bangladesh and Others, Writ Petition No.294 of 2001. Lawyers Involved: ABM Bayezid, Advocate- For the Petitioner in Writ Petition No.3230 of 2002. SM Rezaul Karim, Advocate- For the Petition......ve locked his phone, he could have avoided use of his phone by others. When the phone of a subscriber remains disconnected for 59 days, his phone is closed permanently. The petitioner has alternative remedy and, as such, the present Writ Petition is not maintainable. 6. Respondent No.2 also filed a ..Category: Information Technology Law | Date: 12 Apr, 2005 | Hits: 4
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