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....t ask for any "Sanad" as per section 6 of the Act and, as such, the question of giving Sanad does not arise.
7. He has further argued that the respondent did not avail of the equally efficacious alternative remedy, by way of appeal, to the Chancellor of the University under section 6(5) of the ......esent:
M Ruhul Amin J
KM Hasan J
Md. Fazlul Haque J
Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others .............Appellants
Vs.
North Point University... ……….Respondent
Judgment
February 8, 2003.
Result:
The......y "Sanad" as per section 6 of the Act and, as such, the question of giving Sanad does not arise.
7. He has further argued that the respondent did not avail of the equally efficacious alternative remedy, by way of appeal, to the Chancellor of the University under section 6(5) of the Private Univ..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....awnee to sue upon the debt or promise does not exclude or destroy his right to sell the pawn. The Pawnee’s rights to sue upon the debt or the promise or to sell the pawn are concurrent, and not alternative, rights". He has also referred to the case of Jiwan Das and another vs. Sahu Sarju ...... January 28, 2003. The Contract Act, 1872 (IX of 1872) Section 176 The pawnee may bring a suit against the pawnor upon the debt or promise and retain the goods pledged as collateral security or he may sell the ......special property in them conferred by the pledge, but I should be most reluctant to hold that there is any implication that the Contract Act, by defining his personal rights, cuts down in any way any remedy he may have through the Courts. The truth appears to me to be that the Court always has an in..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ......ssir Husain J AS Ahammed J Humayun M Vohra .........Petitioner Vs. ESPN Star Sports and others……………..Respondents Jud...... petitioner was extended till 30th June 2002 and thereafter the respondent No. 3 was appointed as distributor who has been functioning as such since then and for alleged any violation of the contract remedy lies in monetary compensation which would be adequate as per provision of law. &..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Chair, Board of Inter. & Secn. Edn., Jessore and ors. Vs. Md. Amir Hossain & anr., 2004, 33 CLC (AD)
....ice upon the writ-respondents on 30‑7‑1998 to withdraw/rescind/cancel the impugned order dated 12‑11‑1995 but since no action was taken on the notice and having, no other alternative remedy the writ petitioner moved the High Court Division. 3. The petitioner......Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J AS Ahammed J Chairman, Board of Intermediate and Secondary Education, Jessore and ors...........Petitioners Vs. Md Amir Hossain and another..............Respond...... writ-respondents on 30‑7‑1998 to withdraw/rescind/cancel the impugned order dated 12‑11‑1995 but since no action was taken on the notice and having, no other alternative remedy the writ petitioner moved the High Court Division. 3. The petitioners contested ..Category: Constitutional Law | Date: 12 Nov, 2002 | Hits: 322
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....iyan............Respondent Judgment November 4, 2002. The Code of Civil Procedure, 1908 (v of 1908), Section 151 (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent pow......ection 151 (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under section 151 of the Code of Civil Procedure for ends of justice……(11) (ii) Any order passed on fraudulent misrepresentation..........Respondent Judgment November 4, 2002. The Code of Civil Procedure, 1908 (v of 1908), Section 151 (i) Even if there may be an alternative remedy by way of an appeal to this Court, it would not bar the exercise of inherent power under sec..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Ekushey Television & anr. Vs. Dr. Chowdhury Mahmood Hasan & ors. 2003, 32 CLC (AD).
....n that 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 other......ed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Ekushey Television and another …… Petitioner Vs. Dr. Chowdhury Mahmood Hasan and ors ………….... Respondent Judgment August 29, 2002. ......2002. Our judgment will have no bearing in considering the application by Ekushey for licence by the said Commission which is free to decide in accordance with law. Ed. ..Category: Procedural Law | Date: 29 Aug, 2002 | Hits: 190
Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).
....94 though any irregularity or illegality in publishing and conducting the auction sale could be decided by the executing Court and not in writ jurisdiction and the petitioners instead of availing the alternative and efficacious remedy as provided by the Code have directly come before this Court by w......Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J KM Hasan J Md. Fazlul Haque J Antibiotic Stores & others .................. Petitioners Vs. Subordinate Jud......; Md. Fazlul Karim, J.- The petitioners seek leave to appeal against the impugned judgment and order of the High Court Division discharging the Rule as not maintainable as the remedy under the Code of Civil Procedure is available in the execution proceedings. 2. ..Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......ate and others................ Respondents Judgment June 9, 2002. An application under section 491 of the Code of Criminal Procedure is maintainable for custody of a minor to see that the minor is not held illegally and in an improper manner and in ......section 491 of the Code of Criminal Procedure. The High Court Division it appears observed that when Masuda Khanam (Hasi) has been sent to judicial custody by a competent court the appellant has no remedy under section 491 of the Code of Criminal Procedure. In arriving at this decision the High ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J State………………..............................Petitioner Vs. Chief Editor, Manabjamin and others ....................Opposite Parties Judgment May 20, 2002. ......t be assailed through collateral proceedings alleging that the detention order for contempt was in violation of certain Article of the Constitution. (xi) That if a litigant, who seeks a judicial remedy also takes direct action to secure the substance of a remedy which he was seeking in judicial..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....y rejected by the High Court division on 18-11-1996. Thereafter several representations were made by the contempt petitioner for restoration of his possession but without any effect. Finding no other alternative Writ petition No. 3964 of 1998 was filed seeking a mandate from the court for restoratio......a contempt of court proceeding which is of quasi-criminal in nature the onus lies heavily on the contempt petitioner to prove every detail of the contempt which is very much lacking in this case. Moreover in contempt matter personal liability of the contemner is first and foremost consideration ......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......ellip;..…….Opposite Party Judgment June 3, 2001. Result: Converted Criminal Revision Petition (case) is allowed. Rule issued on 5‑11‑2000 is made absolute. The order dated 21-6-2000 recorded by learned Session Judge Rajshahi in Criminal Miscellaneous case No-1......o maintainability of application under section 498 of The Code of Criminal Procedure against an order cancelling bail by Learned Sessions Judge granted by him earlier. It is canvassed that the proper remedy which lay with accused-petitioner was a revision petition under section 439 of the Code of Cr..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)
....cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ......1. Result: The leave petition is dismissed. The Artha Rin Adalat Act, 1990 (IV of 1990), Section 6 The Constitution of Bangladesh, 1972, Article 102 There is special provision for appeal against the judgment and decree passed by the Artha Rin Adalat so no application under Art......ocate that to prefer an appeal against the judgment and decree of the Artha Rin Adalat half of the decretal amount had to be deposited before filing the appeal and, as such, it was not an efficacious remedy. This submission was not accepted by the High Court Division which held that since the Artha ..Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
.... The learned Additional District Judge upon consideration of Ext. 3(b) came to the conclusion that “As no documents of contrary decision came from the custody of defendants hence I have nothing alternative to rely on the contents of the Exhibit 3(h) which is actually a paper preserved in the c......; others………....Plaintiff-Opposite Parties Judgment May 21, 2001. Result: The suit stands dismissed. Lawyers Involved: Mihir Kanti Majumder Deputy Attorney-General— For the Petitioner. Maksudur Rahman, Advocate—For the Opposite......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
....was appointed as such under the said Act at the direction of the Government filed an application for withdrawal of such a case pending before the Special Judge the later i.e. the Special Judge has no alternative but then and there to record an order of withdrawal and stop further proceeding. In that......1898), Section 494
It is well settled that consent mentioned in section 494 of the Code of Criminal Procedure is not to be given mechanically. The Court is to exercise its function judicially before giving such consent, which implies that the Court will have to examine the materials on which th...... of 1996 is also set aside. The learned Divisional Special Judge is hereby directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 8. ..
Category: Anti-Corruption Laws | Date: 10 Aug, 1999 | Hits: 94
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....cts 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 237. (1) If, in the ca......26; MSK Ibrat Vs. Commander-in-Chief, Royal Pakistan Navy, 6 DLR (SC) 128; Muhammad Farooq Vs. State, 8 DLR (SC) 135; Arfan Ali Vs. State, 42 DLR (AD) 22. Lawyers Involved: Serajul Huq, Senior Advocate, Anisul Huq, Towfika Karim, Advocates — For the Appellants. Mojibur Rahman with A......645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
....r the petitioner by submitting that the rule is not maintainable as it involves disputed question of facts like conversion of the victim girl to Islam, age of the girl, availability of an efficacious alternative remedy under section 24 of the Nari-o-Shishu Ain, which was not availed of by the aggrie......¦â€¦â€¦â€¦..Petitioner
Vs.
Government of Bangladesh through the Ministry of Home Affairs and others…………Respondent
Judgment
May 26, 1999.
Cases Referred To-
Gillick Vs. West Norfolk and Wisbech Area Health Authority and another 1985 3 All ER 402); Kazi Mskhlesur Rahman Vs. B......oner by submitting that the rule is not maintainable as it involves disputed question of facts like conversion of the victim girl to Islam, age of the girl, availability of an efficacious alternative remedy under section 24 of the Nari-o-Shishu Ain, which was not availed of by the aggrieved party, t..
Category: Women and Children | Date: 26 May, 1999 | Hits: 98
State Vs. Abdul Wahab Shah Chowdhury, 1999, 28 CLC (AD)
....here will be a specific statutory sanction of granting anticipatory bail with positive conditions and directions. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 242. ......ellant Vs. Abdul Wahab Shah Chowdhury……………….Respondent Judgment May 25, 1999. The Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an o......Code of Criminal Procedure, 1898 (V of 1898), Section 498 Anticipatory Bail Per A.T.M. Afzal: Generally speaking the main circumstance as would entitle an order for extraordinary remedy of pre-arrest bail is the perception of the Court upon the facts and materials disclosed by ..Category: Criminal Law | Date: 25 May, 1999 | Hits: 79
Managing Director Dhaka WASA Vs. Superior Builders and Engineers Ltd., 1999, 28 CLC (AD)
....t the High Court Division acted in excess of jurisdiction. The cost has been rightly given. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 56. ......R (AD) (1999) 56. ......ade the Rule Nisi absolute. 5. Aminul Haque, learned Advocate for the petitioner, submits that the writ petition arises out of a contract and in case of its failure or breach the respondent’s remedy did not lie in a writ petition which the High Court Division erred in law in entertaining. ..Category: Contract Law | Date: 5 Jan, 1999 | Hits: 249
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....period of iddat’. 60. Order VII rule 7 of the Code of Civil Procedure lays down: 7. Every plaint shall state specifically the relief which 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 g......gum and another…………………………………… Respondents Judgment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to ......mpensation to the wife in the case of arbitrary repudiation by the husband. If Ayat 241, had spoken of mata’a as a compensation for arbitrary divorce, what was the necessity of enacting laws to remedy these ills? And where are the words “arbitrary divorce” in Ayat 241? These laws a..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
.... authority and to be of no legal effect.
The order of stay granted at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 115.
......J
Molla Habibur Rahman.………………………………Petitioner
Vs.
Board of Intermediate and Secondary Education, Jessore and others…………Respondents
Judgment
August 19, 1998.
...... being traceable we find the impugned order to have been passed beyond the scope of Regulation 7. Besides that if their is any dispute about the election of any member from a particular category, the remedy is provided in Sub-Regulations 20 and 22 of Regulation 9 and under no circumstances, the enti..
Category: Civil Law | Date: 19 Aug, 1998 | Hits: 100
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