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.... to disclose their sources of information is disposed of as no finding is necessary in this case.
Ed.
This Case is also Reported in: 57 DLR (2005) 670.
......
Md. Abdul Matin J
AFM Abdur Rahman J
Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh....................Petitioner
Vs.
Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others...........Respondents
Judgment
March 21, 2005.
......e's should be ignored and those who criticize it should be punished.
62. We want to make it manifest that if a judge is appointed without requisite qualification, the matter is not without a remedy. The very appointment may be challenged for want of proper consultation. The Supreme Jud..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Ali Hossen @ Ali & another Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....ladesh, represented by the Deputy Commissioner, Noakhali and another reported in 49 DLR (AD) 111 it has been stated in paragraph 9 that: "It is free from any doubt that when an equally efficacious alternative statutory remedy is provided for in section 30 of the Special Powers Act enabling the ac......ent of Bangladesh, represented by the Deputy Commissioner, Noakhali and another, 49 DLR (AD)111; State of U.P. Vs. Mohammad Nooh, AIR 1958 (SC) 86. Lawyers Involved: Md. Nurul Islam Chowdhury- For the petitioner. No one- For the respondent. Writ Petition No. 5732 of 2002 Judgment M...... the certified copy was delivered on 25.9.02 but the petitioners being very poor could not collect requisite money to prefer an appeal within 30 days as prescribed by law. Having no other efficacious remedy the petitioner invoked the writ jurisdiction for setting aside the impugned judgment. 3. M..Category: Criminal Law | Date: 20 Mar, 2005 | Hits: 71
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......n a writ petition to set aside the election and whether such a writ petition is maintainable. Disputed question of fact cannot be decided in writ petition specially when such question is pending before the Appellate Division for decision. When there is no question of corum non judice or malice in...... that can be decided at the macro level on the interpretation of relevant law on admitted facts, not cluttered by micro-questions of disputed nature, then for an efficacious of expeditious remedy he may invoke the jurisdiction of the High Court Division under Article 102 of the Con..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
.... 31 provided presence of three members to constitute the quorum for holding the general meeting of the company and out of them one must be the Chairman and Managing Director of the company or, in the alternative, the written permission of the Chairman and/or the Managing Director is required for hol......
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
Md. Tafazzul Islam J
HBS Association (Pvt) Ltd. and others.................Appellants
Vs.
Professor Shahabuddin Khaled Chowdhury & others....Respondents
Judgment
February 22, 2005....... reform in this field. In the English Jurisdiction also before 1948, the court would not make a winding up order on the ground that it was just and equitable to do so where the petitioner had another remedy. If the directors did an ultra vires act the proper remedy was injunction or if they mismanag..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ...... 15, 2005. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 Concurrent finding of fact of the courts below having not suffered from any misreading or non-reading of the evidence or, in other words, any legal evidence was not left out in making th...... prayed, that from the evidence on record it is seen that the plaintiffs never took physical possession of the land in suit that when the plaintiffs have admitted possession of the defendant their remedy lies in filing a suit for recovery of khas possession, that as the plaintiffs and the defenda..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ......ate, 35 DLR 180; Abul Basher and another Vs. Hasanuddin Ahmed and others, 51 DLR (AD) 14; Abdul Majid Mondal Vs. State, 4 MLR 191=51 DLR 287. Lawyers Involved: Md. Majibur Rahman, Advocate-For the Petitioner. SM Rezaul Karim with Md. Ashrafuzzaman Khan, Advocates-For the Opposite Part...... to the criminal Court to take undue advantage against the rival party and dislodge existing possession through appointment of Receiver. Section 145 CrPC is intended only to provide a quick temporary remedy for prevention of breach of peace arising out of claim and counterclaim of possessors ri..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......ion 95 and 95A President’s Order No. 88 of 1972 was promulgated long after the transaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back the...... restore possession to the mortgagor by evicting the mortgagee. In other words, for getting back possession of a mortgaged land the mortgagor need not file any redemption suit, but may get quick remedy by an application to the Sub-divisional Magistrate. The other provision in the amendment is..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
....0. The affected persons of the said land acquisition case have been allotted plots of land according to the last layout plan of Rajuk dated 19‑7‑1999 and in all 92 persons have been allotted such alternative plots. The petitioners are also affected person since they had purchased the lands from .....................Respondents Judgment December 4, 2004. Result: The Rule is discharged. Lawyers Involved: Idris Khan with Md. Nowshad Zamir and Sathika Hossain, Advocates-For the Petitioner. Khasruzzaman with Reshma Sultana, Advocates-For Respondent No.1. Writ P...... plots. In the view the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 237. ..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
....Code as the public servant but out of their private adventure. No sanction of the government thereof necessary in commencing prosecution against the respondent Nos.5 and 6. It is further urged in the alternative that since the present case is still pending before the respondent No.4, Metropolitan Se......হিত অসংগতিপূর্ণ হইলে এই আইনের বিধান কার্যকর হইবে।
Cases Referred to-
Md. Riaz Vs. State, PLD 1966 (WP) Lahore 379;PLD 1960 SC 351; AIR 1969 SC 686.
Lawyers Involved:
Md. Mahbubur Rahman with Abu T......made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ...... 72; Saru Meah Sowdagar and another Vs. Al‑haj Jahanara Begum and others and Dula Meah Vs. Md. Ibrahim, 8 DLR 616. Lawyers Involved: Khondker Mahbubuddin Ahmed with SM Moonir, Advocates- For the Appellant. MI Farooqui with M Sadekur Rahman, Advocates- For Respondent Nos.1 and 2......ween the appellant and the father of the plaintiffs is not enforceable and the trial Court erroneously decreed the suit. He has forcefully argued that in this circumstances compensation is the proper remedy which is incorporated in the deed of agreement. He has further argued that P.W.3 has purchase..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....vernment, at one point of time, advised him to take lease of his homestead measuring an area of 7 decimal of land from the Government failing which, they will evict him therefrom and finding no other alternative, he took lease of 7 decimal of land under compulsion and thus, he retained possession of...... a de facto counterpart of ownership. Possession is a right in the de facto relation of continuing exercise and enjoyment as opposed to the de jure relation of ownership. Possession is thus external form to justify and normally manifest in the possession in fact. Possession denotes the relationship ......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......What is to be considered in rejecting a plaint? From averment in the plaint itself ground is to be found out, whether plaint prima facie is liable to be rejected as being barred under section 50 or 102 of the Waqf Ordinance........(18) Lawyers involved: TH Khan, Senior Advocate, (Mokb......ssed in SA No. 119 of 19337 read with the provisions of section 50 of the Waqf Ordinance, 1962, no suit could be instituted under section 64 of the Ordinance by the Administrator of Waqfs in that the remedy against such action lies under section 50 of the Ordinance by the Administrator of Waqfs for ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
.... Das Vs. Abul Hashem 47 DLR (AD) 6. 35. Rule 7 of Order VII of the Code of Civil Procedure requires every plaint shall state specifically, the relief the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be gi......s made absolute. Cases Referred to- Hamida Begum Vs. Murad Begum, PLD 1975 SC 624; Abdul Jalil Munshi and another Vs. Abu Baker Siddique, 35 DLR (AD) 42; Babul Kanti Das Vs. Abul Hasem and ors, 47 DLR (AD) 6; Md. Abdul Nasir and ors Vs. People's Republic of Bangladesh and another, 28 ......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Mukul Vs. State, 2004, 33 CLC (AD)
.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......nbsp; Judgment July 10, 2004. The Supreme Court of Bangladesh (Appellate Division) Rules, 1988 Rule I Order XXVI in Part IV This provision provides for review of criminal proceedings “ on the ground of an error apparent on the face of the rec...... 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 petition will lie. It is a remedy to be used only in exceptional circumstances". 16. Review is not available..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....esha Khatun on the other side and that Ayesha Khatun attained the status of full tenancy on up-gradation and ceased to be the co sharer of the tenant of successor in interest of Akshoy Kumar and an alternative argument was made that sharers of Akshoy Kumar and Rangubala having been partitioned b......ahurul Islam Chowdhury, 35 DLR (AD), 230; Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs Amena Khatun, 35 DLR (AD) 338. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Appellant(In all the appe......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515...Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
....setting aside the ex parte decree under Order IX, rule 13 CPC after fulfilling the requirement of that Ain i.e. by depositing 50% of the decretal amount. Having not availed of that opportunity as the alternative remedy the writ petitioner has come up before this Court to have the decree set aside on......e and Artha Rin Adalat & others..........Respondents Judgment June 14, 2004. Results: The Rule is discharged. Lawyers Involved: Azmalul Hossain, QC with Reba Kaniz, Advocates—For the Petitioner. Morshed Ahmed Khan with ASM Abdur Razzaque, Advocates—For Respondent No. 2.......r time for filing written statement. Defendant No.3 (Ka) to 3 (Ta) also appeared in the suit on 1‑4‑2002. It has been contended that sections 6(2) and 7 of the Artha Rin Adalat Ain, 1990 provided remedy against an ex parte decree passed by the Artha Rin Adalat on depositing 50% of the decretal a..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
Asadul Hoque, Trading as Samrat Shoe Vs. Registrar of Trade Marks & another, 2004, 33 CLC (HCD)
.... observations made hereinbefore. The impugned order passed by the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ......y the Registrar of Trade Marks is set aside. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 565. ......ding the appellant to transfer the proprietorship of the trade mark he could not invoke the provision of section 46(2) of the Act. He further submits that the Act having not provided for any specific remedy to be followed in the facts and circumstances of the instant case the Registrar could very mu..Category: Others | Date: 5 May, 2004 | Hits: 4
Bangladesh Bank and ors. Vs. Zafar Ahmed Chowdhury and another, 2004, 33 CLC (AD)
....dy is yet available is not a rule of law barring the jurisdictions of the Court. It is a rule by which the Court regulates the exercise of its own discretion. Court may entertain a writ petition when alternative remedy of appeal is not equally efficacious and effective but not when such remedy is av......n a writ petition when alternative remedy of appeal is not equally efficacious and effective but not when such remedy is avoided of…..(7) (ii) It is the principle of law that an ad interim order could be passed only in aid of or ancillary to main relief that may be available upon final de...... Result: The petition is disposed of with observations. The Constitution of Bangladesh, 1972, Article 102 (i) The rule that the Court will not entertain, a writ petition when the appropriate remedy is yet available is not a rule of law barring the jurisdictions of the Court. It is a rule by..Category: Constitutional Law | Date: 24 Apr, 2004 | Hits: 175
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....at the situation differs from that which was taken for granted at the time of hearing of the appeal or the petitions for leave to appeal the decision in a review petition may be different. But no alternative situations were presented before us at the hearing of the review petitions. On the oth......e ...........................................Respondent Judgment March 22, 2004. The Constitution of Bangladesh, 1972, Article 105 Unless the impugned order shows error apparent on the face of the record the same cannot be reversed in review basing o......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
....
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
......1.
......dustrial establishment the respondent does not come within the meaning of 'worker' given in this definition. Since he cannot invoke the provisions of section 25 of the Standing Orders Act the remedy under section 34 of the Industrial Relations Ordinance, 1969 is not available. Such employees..
Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
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