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....d Deputy Attorney-General appearing for the respondents, we prefer not to enter into the merit of the case since the Rule is liable to be discharged on the ground of maintainability. Finding no other alternative, the learned Advocate sought for a direction on the authority concerned for the disposal...... Rule is discharged.
Cases Referred to-
Sisir Kumar Das Vs. State of West Bengal and others, AIR 1955(Cal) 183; Union of India Vs. TR Varma, 1958 SCR page 499 507; KL Shinie Vs. State of Mysore, AIR 1976 (SC) 1980; Abdul Majid Vs. Province of East Pakistan and others, PLD (Dae) 1962 132; A......vice of discipline force and for that matter in the service of Republic holding a civil post is not an aggrieved person as contemplated under Article 102 of the Constitution and as such the remedy of the petitioner lies in Article 117 of the Constitution. Mr. AFM Hasan Arif submi..
Category: Constitutional Law, Procedural Law | Date: 10 Nov, 1993 | Hits: 6
Hemayetuddin alias Aurango Vs. State, 1993, 22 CLC (HCD)
....t his evidence is vitally important, necessary and essential for arriving at a just and proper decision in this case. ‑ Thus, although the petition has been filed at this stage but there is no alternative than to allow the petition for the ends of justice." 3. The petitioner, being ...... Result: The Rule is discharged. Due to certain circumstances beyond the control of the prosecution the witnesses could not be produced and examined earlier but his evidence is vitally important for the just and proper adjudication of the case. Cases Referred to- Ramchandra Pra...... also to hear arguments after examination of the accused under section 342 CrPC afresh. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 1. ..Category: Criminal Law | Date: 27 Jul, 1993 | Hits: 2
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
.... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ......ferred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al)) 133. Lawyers Involved: M Nurullah with AQM Shafiullah, Advocates‑For the Petitioner. Saha Md. Abu Nayeem Mohammad Mominur Rahman, Advocate‑For the Opposite Par......e nature and character of the suit is changed from the suit for permanent injunction to suit for mandatory injunction. 8. Before I part with this judgment I must observe that the plaintiff has a remedy in a properly instituted suit. Mr. Rahman points out to me that in the event of filing fresh ..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Mir Mohammad Ali Vs. State, 1993, 22 CLC (HCD)
....on 561 A of the CrPC cannot be taken recourse to in any case where appeal has been barred by limitation, if the trial has not been held without jurisdiction or in the face of legal bar. So far as the alternative forums suggested above are concerned, we find it appropriate to reserve our views. ......nth, AIR 1954 (SC) 215; Muhammad Samiullah Khan and another Vs. State, PLD 1963 (SC) 237 = 15 DLR (SC) 150. Lawyers Involved: Maudud Ahmed with Azizul Haque and SK A Awal, Advocates—For the Petitioners. SR Paul with Bazlur Rahman Chhana, Advocates—Amicus Curiae Aminu...... be considered under section 561A of the Code of Criminal Procedure. Accordingly both the Rules are discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 175 ..Category: Criminal Law | Date: 11 May, 1993 | Hits: 1
....stantial question of law as to the interpretation of the Constitution, particularly Article 27 there of.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 426
......gladesh and another................Respondents
Judgment
March 1, 1993.
Result:
This Rule is made absolute.
Cases Referred to-
DS Nakara and others Vs. Union of India, reported in AIR 1983 (SC) 130; 43 DLR 424; 44 DLR (AD) 111. AIR 1974 (SC) 2349; AIR 1980 (SC) 272; SP G......s been absolutely arbitrary being contrary to the principle of classification and, therefore, violative of the equality clause as enshrined in Article 27 of the Constitution.
4. In order to seek remedy against such unjust classification resulting in discrimination against the pensioners who had..
Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1
Jahanara Begum Vs. State, 1993, 21 CLC (HCD)
....mission of a criminal offence would not by itself debar the Government from taking action for his detention under the Act. It was held that these two jurisdictions are not co‑extensive nor are they alternative. The jurisdiction under the detention law may be invoked when the available evidence doe...... Opposite Party Judgment January 20, 1993. Result: The Rule is absolute. Cases Referred to- 45 DLR (AD) 89; 35 DLR 318; 20 DLR 1005; 28 DLR 117; 40 DLR 193; 45 DLR 318; Borjahan Vs. State of West Bengal, AIR 1972 (SC) 2256 AIR 1972 at page 2256. Lawyers Involved: ...... District Jail, Barisal be set at liberty at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 107. ..Category: Criminal Law | Date: 20 Jan, 1993 | Hits: 1
Ayesha Khanam and others Vs. Major Sabbir Ahmed and others, 1992, 21 CLC (HCD)
.... the father till 90 days from today. With this observation and direction, this Rule is disposed of accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 399 ......h Court Division (Special Original Jurisdiction) Present: Anwarul Hoque Chowdhury J KM Hasan J Ayesha Khanam and others.........................Petitioners Vs. Major Sabbir Ahmed and others....................Respondents Judgment December 13, 1992. ......the person to be set at liberty at once. A petition in the nature of habeas corpus for the custody of a minor would also be equally competent without sending the petitioner to exhaust his or her remedy before the Family Court or under the Guardian and Words Act or other Criminal Court which is ..Category: Family Law | Date: 13 Dec, 1992 | Hits: 4
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
....er Section 561A available to a party in an appropriate case — When the Sessions Judge passed an order setting aside the finding of the Magistrate under section 439A CrPC and there being no alternative remedy and all the remedies for the first party being exhausted, the first party is comp...... December 2, 1992. Result: The Rule is made absolute. Taking Evidence on which Party was in Possession of the Disputed Property— In a proceeding under Section 145 Cr.P.C. it is for the Magistrate to decide upon taking evidence which party was in possession of the disputed prope......61A available to a party in an appropriate case — When the Sessions Judge passed an order setting aside the finding of the Magistrate under section 439A CrPC and there being no alternative remedy and all the remedies for the first party being exhausted, the first party is competent enough..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....mission of a criminal offence would not by itself debar the Government from taking action for his detention under the Act. It was held that these two jurisdictions are not co‑extensive nor are they alternative. The jurisdiction under the detention law may be invoked when the available evidence doe...... Salim Hasan…………....................Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment July 16, 1992. Cases Referred to- Borjahan Vs. State of West Bengal, AIR 1972 (SC) at page 2256; AIR SC 207; AIR 1974 SC 2154; Sk. Shah......ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
....aw. Therefore, the petitioners have to approach this court for redress of their grievance, particularly because the petitioners being non‑government employees in the Registration Department have no alternative and efficacious remedy except by way of an application under Article 102 of the Constitu......ociation Vs. Bangladesh and others 33 DLR (AD) 177; 1968 SCMR 995; 30 DLR 368; 29 DLR 1968; SCMR 995, 29 DLR 188;21 DLR 188.
Lawyers Involved:
Abul Quasem with Hemayetul Islam, Advocates‑For the Petitioners.
QA Hossain, AAG‑For the Respondent Nos. 1-4.
Dr. Rafiqur Rahman with......rs have to approach this court for redress of their grievance, particularly because the petitioners being non‑government employees in the Registration Department have no alternative and efficacious remedy except by way of an application under Article 102 of the Constitution of the People's Rep..
Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8
Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)
....2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318 ......89] Vs. Government of Bangladesh and another...........Respondent [In both the writ petitions] Judgment May 27, 1992. Result: The Rules are discharged. The Factories Board Ordinance, 1961. The employees under the Factories Board Ordinance, whether are civ......ed by statutory rules, arc at the pleasure of the President, and so these statutory rules are but the expression of the pleasure of the President, and not a Constitutional or statutory guarantee. His remedy for the breach of any of these rules will be "through official or departmental channel a..Category: Administrative Law | Date: 27 May, 1992 | Hits: 1
Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)
....y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307 ......ntract will not be insisted upon by the other and if the second party acted on it, the first party would not be allowed to insist on that right when it would be inequitable to do so. Waiver must originate from an agreement— Waiver is an agreement, though can even be expressed b......2 of the Constitution of the People's Republic of Bangladesh in a summary proceeding and do not decide questions of facts and settle issues of fact or enforce a contract, for which other adequate remedy is available. 5. We however, without dismissing this application on that point heard the..Category: Administrative Law | Date: 25 May, 1992 | Hits: 2
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....nd retention of the pledged goods or by selling out the pledged goods with reasonable notice upon the pawnor are concurrent, but disjuncted by a word "or" in between the two and hence" alternative". It is further submitted that though reliefs are concurrent and alternative, yet t......bsolute. Cases Referred to- Md. Obaidul Akbar Vs. East Pakistan Provincial (now Bangladesh) Co‑operative Bank Ltd. 27, DLR 523; Haridas Mondra Vs. National and Grindlays Bank Ltd. reported in AIR 1963 Cal. 132. Lawyers Involved: AKM Ashaduzzarnan, Advocate—For the Pe......of the section and the above decisions, it appears to us that mere institution of a suit by the pawnee for realisation of his debt‑money against the pawnor cannot destroy the other alternative remedy for the plaintiff‑pawnee to sell the pledged goods with reasonable notice to the pawnor‑d..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ...... Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Dayal Vs. Ghasita and others, AIR 1929 Allahahad 668; Ughandi Mudafi Vs. R......pose of securing the beneficial enjoyment of another piece of such property, nothing in this section shall be deemed to affect any right which the transferor may have to enforce such direction or any remedy which he may have in respect of a breach thereof." 10. Now, in the instant case, it..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......stan 20 DLR 976, 980; Sultanuddin Chowdhury Vs. Government of the People's Republic Bangladesh, 32 DLR 252.
Lawyers Involved:
Azizur Rahman Choudhury with Md. Abdul Mannan, Advocates‑For the Petitioner.
QA Hossain, AAG‑For the Respondent Nos.1 and 2.
Syed Dastagir Hossain......he Misc. Case was also dismissed on contest. Order 9 rule 9 precludes the plaintiff from bringing a fresh Suit. But if a suit is dismissed for default in presence of defendant or defendants, die only remedy is under Order 9 rule 9 of the Code of Civil Procedure. Order 9 rule. 9, therefore, does not ..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....r and contract for supply of electric meters under the said project was signed on 20.5.90. They further contend that at the instance of the foreign aid granting agencies the respondents have no other alternative but to include condition for procuring single phase electric meters and other goods thro......Respondents [In all three writ Petitions]
Judgment
March 4, 1992.
Result:
The petitions are failed and the Rule is discharged
Lawyers Involved:
Fida M Kamal, Advocate‑For the Petitioners (in all 3 writ petitions)
AF Hasan Arif, DAG with Fazlur Haq, AAG—For ...... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)
....asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395 ......y 27, 1992. Result: The application is rejected. Cases Referred to- Rafiqul Alam Vs. Mustafa Kamal 42 DLR (AD) 137; Secretary of State Vs. Mask & Co.; Wolver Hampton New Waterworks Co. Vs. Hawkesford (6 CBNS 336); Neville Vs. London Express Newspaper (1919 AC 368); Farid Mia ......the House of Lords in Neville Vs. London Express Newspaper (1919 AC 368), where it was observed: "Where the statute creates liability not existing at common law, and gives also a particular remedy for enforcing it....................................................the party must adopt the ..Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2
....
Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 187
......Vs. Union of India AIR 1987 SC 357 (Para 2) Zainal Abedin Vs. Bangladesh, 34 DLR 77.
LawyersInvolved:
Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin and Mirza Hossain Haider—For the Petitioner.
Abdul Wadud Bhuiyan, Additional Attorney-General with Md. Delwar Hossai......e of the employees of the Mujibnagar Government and as such it is not ultra vires of any provision of the Constitution.
5. Admittedly, the petitioner is in the service of the Republic. Hence his remedy against the alleged violation of the terms and condition of service in fixing seniority lies ..
Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1
Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)
...., Sylhet. The victim girl refused to be examined by the professor of Gynae who was a member of the Board. Since the victim girl refused to be examined by the professor of Gynae the board had no other alternative but to rely on the X‑ray report. The Radiologist in his report dated 23.1.89 stated he......the State, 15 DLR 148; Kiran Bala Chowdhury Vs. the State, 17 DLR 544; Fatema Begum Urmila Rani Vs. Gageswar Nadi; the State 9 BLD (1989) page 469. Lawyers Involved: AKM Foiz, Advocate‑For the Petitioner. Nasiruddin Chowdhury with Abdul Khaleque, Advocates ‑ For the Opposite Pa...... stayed for 15 days from today. The Rule is accordingly discharged. Communicate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ..Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ...... others, BCR 1987 HCD page 251; Dr. Nurul Islam Vs. Bangladesh, Ministry of Health and Population Control aid others, 33 DLR (AD) page 201. Lawyers Involved: Abdul Wadud Khandker, Advocate ‑ For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney General ‑For the Respondents. ...... Company of which the petitioner was Managing Director in a suit. If the order of detention remained unchallenged it may be used against him which may create obstacle in the way of his getting proper remedy and no other Court other than this Court under Article 102 of the Constitution has jurisdicti..Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
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