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.... is discharged. We, however, make no order as to costs.
Shahabuddin Ahmed J. - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 481
......inal Jurisdiction)
Present:
Fazle Munim J
Shahabuddin Ahmed J
Md. Siddiqur Rahman, Acctt/Funds & Claims & others..........Petitioners
Vs.
The Board of Trustees, Port of Chittagong, and others..........Respondents
Judgment
March 25, 1975
Result:
......ons made by the petitioners regarding the breach of undertaking, if any, observations made by us in this judgment will not be binding on the Court below where the petitioners may hereafter seek their remedy.
6. The learned Advocate for the petitioners submitted that the controversy raised in th..
Category: Administrative Law | Date: | Hits: 1
.... three in number, namely, (1) whether, if no inquiry as mentioned in subsection (1) of section 9 of the Ordinance was held, the order of suspension could be passed, (2) whether there was an alternative remedy provided under the Ordinance, thus barring the presentation of an application und......) 602
......mber, namely, (1) whether, if no inquiry as mentioned in subsection (1) of section 9 of the Ordinance was held, the order of suspension could be passed, (2) whether there was an alternative remedy provided under the Ordinance, thus barring the presentation of an application under Article&n..
Category: Constitutional Law | Date: | Hits: 2
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....iled in this case. On perusal of these papers we do not find anything in favour of the respondents. The order of derequisition still stands and in pursuance of this order the respondents got no other alternative but to restore vacant possession of the house to the, petitioner. It is highly regrettab...... the People's Khan Republic of Bangladesh………..Respondents Judgment July 26, 1978. Result: The rule is made absolute. Lawyers Involved: A. Wahab-For the Petitioner. Syed J. R Mudassir Hussain, A. A.O-For the Respondents Writ petition N......uty Commissioner that the order of derequisition was not proper and requested him to cancel the order of derequisition. Since the house, has been allotted to respondent No. 4 having failed to get any remedy the petitioner moved this Court and obtained this rule. 3. Respondents did not file any ..Category: Constitutional Law | Date: | Hits: 3
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
.... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......esult: The Rule is made absolute. Case Referred To- AIR 1951 Calcutta 206 and 13 Cr.L.J. (F.B.) 1988 Lawyers Involved: A.K.M. Mozammel Haque Bhuiyan with Rabia Bhuiyan—For the Petitioners. S.M. Huq—For the Complainant Opposite Party. Akbor Ali—For......e petitioners for realization of the money advanced. He further submitted that the petitioners are bona fide businessmen end the transaction between the parties was a contract for sale, for which the remedy lies under the Sale of Goods Act, 1930 in the appropriate Civil Court only. He further submit..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ...................Respondent Judgment December 15, 2003. Result: The application is rejected. Order passed by the Joint District Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. Sub‑section 1 ......itigant public and a Court of law shall only uphold those laws if necessary by propounding and explaining the provisions as and when necessary in given circumstances but it cannot create new right or remedy or give itself a jurisdiction which is not given in the Act itself." In this connec..Category: Civil Law | Date: | Hits: 2
Md. Maksudur Rahman @ Masud and others Vs. State, 2007, 36 CLC (HCD)
....justice for the administration of which alone the Court exists. The inherent jurisdiction, should not be invoked where some other remedy is available. The jurisdiction given by Section 561A is not an alternative jurisdiction nor an additional jurisdiction but it is a jurisdiction preserved in the in......14 BLD (AD) 178; Bangladesh Vs. Tan Kheng Hook, 31 DLR (AD) 69; Gazi Mozibul Huq and others Vs. Asid Hossain Baber and others, 7 BLT (AD) 305; Shokrana Vs. The State, 6 MLR (AD) 180; Abu Bakker & ors Vs. State, 46 DLR (HCD) 684; Moksudur Rahman Hilary and others Vs. State, 47 DLR (HCD) 314. L...... Mr. Abdur Rouf, the learned Deputy Attorney General appearing for the opposite party-State submits that the inherent jurisdiction under section 561A of the Code should not be invoked when some other remedy is available under the Code of Criminal Procedure. He then submits that in view of the provis..Category: Criminal Law | Date: | Hits: 24
Engineer Shaikh Rubaiyet Islam Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....ke any steps up the outstanding running bill No.5 against construction of ICE and Denting Shop and final bill for construction of Equipment Workshop and Garage. The petitioner having no other speedy, alternative and other equally efficacious remedy in law, has come up with the instant writ petition ......ents Judgment April 11, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Water Development Board and others Vs. Golam Rabbani Khan and others, in Civil petition for Leave to Appeal No.1354 of 2006; HD Vora Vs. State of Maharashtra, (1984) 2 SCC 337; State of Kar......ll No.5 against construction of ICE and Denting Shop and final bill for construction of Equipment Workshop and Garage. The petitioner having no other speedy, alternative and other equally efficacious remedy in law, has come up with the instant writ petition and obtained the rule. 3. The responden..Category: Alternative Dispute Resolution | Date: | Hits: 96
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ...... 9, 2007. Result: The Rule is discharged. Writ Jurisdiction Since the Bankruptcy Act is a special law and special provision having been provided in section 96 of the Bankruptcy Act, 1997 for preferring appeal against the Judgment and decree passed by the Bankruptcy Court and therefore, t......s were properly served or not or whether the petitioner was a guarantor/ mere a shareholder of the borrower company or borrowed money from the bank or not are disputed question of facts and for which remedy lies in the Civil Court and, not under summary Writ Jurisdiction.....................(9) C..Category: Procedural Law | Date: | Hits: 114
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ...... June 24, 1996. Result: The Rule is made absolute in Writ Petition Nos.757/1993, 758/1993, 759/1993, 760/1993, 762/1993, 763/1993 and 764/1993. Cases Referred to- Gujrat State Financial Corporation Vs. M/s. Lotus Hotels Pvt. Ltd. AIR 1983 (SC) 848; MP Sugar, Mills Vs. State of UP, AIR 1......urther, he submits that since he has been invoking the fundamental right Nos. 27, 31 and 40 of the Constitution, the petitioners felt that the writ petition is the appropriate, speedy and efficacious remedy. Thereafter in 1993 they, moved‑all these writ petitions and obtained the Rules. Mr. Wahab ..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....defendants have been trying to change the ownership of the plaintiffs thus acquired by them in the said company and that such an attempt was taken on 20-1-2011. In this situation the plaintiff had no alternative but to file this suit to protect their title and possession in the suit property as we......August 21, 2011. Result: The appeal is allowed. Cases Referred to- Mozher Sowdagar Vs. Md. Zahirul Islam, 8 BLD 1999 (AD) 29=40 DLR (AD) 62. Lawyers Involved: Md. Azizul Haque, Senior Advocate and Shamshed Banu, Advocate - For the Defendant-Appellant. Md. Abdul Malek with......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ..Category: Administrative Law | Date: | Hits: 212
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......M Ziaul Karim J Mohammadullah………...Petitioner Vs. Abu Taher and others…………..Opposite Parties Judgment March 9th, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. ......party Nos. 1-5 to seek their redress in the competent Civil Court having jurisdiction. 17. It is pertinent to mention that opposite parties of Village Court pursuant to said order did not seek any remedy before any civil Court till now. Moreover, Article 8 of Village Court Ordinance, 1976 provide..Category: Civil Law | Date: | Hits: 48
Mahmudul Islam Chowdhury Vs. State and another, 2012, 41 CLC (HCD)
....ps of our apex Court has given a positive observation that accused-petitioner is to agitate his grievances at the time of hearing under section 241A of the Code of Criminal Procedure which is his alternative remedy. Moreover, the prima facie evidence so far available as prosecution material is e......D) 16; Habibur Rahman Molla Vs. State, 61 DLR 1; Abdul Kader Chowdhury, 28 DLR (AD) 28; Nazrul Islam Vs. State, 13 MLR 184. Lawyers Involved: Dr. Rafiqur Rahman with AF Hasan Ariff, Advocate - For the Accused-Petitioner. Nahid Mahtab, Advocate - For the Opposite-Party No.2. Crimina......under section 561A of the Code of Criminal Procedure rather to be done by the concerned trial Court. She goes to argue that this inherent jurisdiction should not be allowed to invoke where some other remedy is available. In fact, this jurisdiction is not an alternative one nor an additional but it..Category: Procedural Law | Date: | Hits: 59
.... list of members of the Executive Committee of BELA supplied from the office of the Registrar of the Joint Stock Company dated 25.11.2004. The writ petition is evidently barred by the principle of ‘alternative remedy’ as is provided by section 8 of the Ain, 2000 wherein the remedy for the grieva......p;Lawyers’ Association (BELA)………Appellant (In Civil Appeal No.253 of 2009)
Anser Uddin Ahmed and others…………………Appellant (In Civil Appeal No.254 of 2009)
Managing Director, Metro Makers and Developers Limited………………..Appellant (In Civil Appeal No.255 of 2009......bers of the Executive Committee of BELA supplied from the office of the Registrar of the Joint Stock Company dated 25.11.2004. The writ petition is evidently barred by the principle of ‘alternative remedy’ as is provided by section 8 of the Ain, 2000 wherein the remedy for the grievance of the w..
Category: Environmental Law | Date: | Hits: 434
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......April 29, 2007. Result: The rule is disposed of. Cases Referred to- Upendra Chandra Rishi Vs. Sufia Begum, 42 DLR (AD) 285; Bangladesh Vs. Chand Mia, 44 DLR (AD) 98; Santosh Kumar Chakraborty Vs. MA Motaleb Hossain, 36 DLR (AD) 248; Government of Bangladesh Vs. Ramananda Sarker,54 DLR (......suit or making an application shall be computed from the time when fraud first became known to the person injuriously affected thereby. 44. Principle on which section 18 is founded is that where a remedy is given on the ground of fraud, the right of the party defrauded is not affected by the laps..Category: Property Law | Date: | Hits: 64
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
.... Judgment and decree passed by the learned District Judge are hereby set aside and those of the learned Assistant Judge are restored. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 330. ......ner Vs. Chandon Kumar Nandi………………Opposite Party Judgment May 12, 1994. Result: The Rule is made absolute. Civil Court had no jurisdiction to entertain the suit of a 'worker' as defined in the Employment of Labour (Standing Orders) Act, 1965 as the remedy of his griev......May 12, 1994. Result: The Rule is made absolute. Civil Court had no jurisdiction to entertain the suit of a 'worker' as defined in the Employment of Labour (Standing Orders) Act, 1965 as the remedy of his grievance lies in a separate forum, the Labour Court................................(2..Category: Labour and Industrial Law | Date: | Hits: 137
.... the nature of his job, that is to say, whether he had managerial or administrative functions. In the absence of any such statement or reply to the above assertion of the respondents we have no other alternative than to hold that the petitioner was a 'worker' and his remedy was by an application bef......)
Present:
Kazi Ebadul Hoque J
Amirul Kabir Chowdhury J
Abdul Haque Sikder……………………Petitioner
Vs.
Divisional Manager (Fertilizer) Bangladesh Agricultural Development Corporation (BADC) and others…………………Respondents
Judgment
June 13, 1996.
Result......ers…………………Respondents
Judgment
June 13, 1996.
Result:
The Rule is discharged.
Writ petition at the instance of a worker is not maintainable as he has equally efficacious remedy before the Labour Court..................(7)
Lawyers Involved:
Abdul Quiyum with SM Raz..
Category: Labour and Industrial Law | Date: | Hits: 228
Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... passed the impugned order and committed no illegality, which can be interfered with by this Court. Moreover, the petitioners moved in this Court with the instant writ petition without exhausting the alternative remedy of appeal as provided in section 15 of the Ordinance and as such the writ petitio........Respondents Judgment August 2, 2012. Result: Both the Rules are discharged. Cases Referred to- Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and another, 53 DLR (AD) 70; Khorshed Alam, Managing Director of Spark and Construction Ltd. Vs. Ministry of Commerce, Government o......impugned order and committed no illegality, which can be interfered with by this Court. Moreover, the petitioners moved in this Court with the instant writ petition without exhausting the alternative remedy of appeal as provided in section 15 of the Ordinance and as such the writ petition is not mai..Category: Civil Law | Date: | Hits: 114
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
.... inter alia, that in the earlier writ petitionthe High Court Division found Abeda Khatun as well to be an affected person and expected that the Governmentrespondents would in all fairness give her an alternative plot expeditiously; that she did not file any Civil Petition for Leave to Appeal against......ioners Vs. Government of Bangladesh and others………..Respondents Judgment July 25, 2012. Result: The Rule is disposed of. Lawyers Involved: Kazi Rezaul Hossain, Advocate-For the petitioners. S.M. Quamrul Hasan, Assistant Attorney General-For respondent No.3. Muntas......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 82
Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)
....g this application the writ petitioner has not exhausted the remedy of appeal as provided in article 9 of the Model Constitution, therefore, the Rule is liable to be discharged for not exhausting the alternative remedy as well. In support of his contention on maintainability, he refers to an unrepor......h Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Hajee Helal Uddin Ahmed............................Petitioner Vs. National Sports Council and others.....................Respondents Judgment November 22, 2012. Result......ant writ petition, wherein the affairs of a Divisional Sports Association have been challenged, is not maintainable. Moreover, before moving this application the writ petitioner has not exhausted the remedy of appeal as provided in article 9 of the Model Constitution, therefore, the Rule is liable t..Category: Others | Date: | Hits: 94
Mostafizur Rahman (Md.) Vs. State, 1993, 22 CLC (HCD)
....ial was not held in accordance with law and the same caused serious prejudice to the accused appellant resulting in a complete failure of justice. Now, having arrived at the above findings, I have no alternative, but to set aside the Judgment and order and send the case back on remand to the Court b......iminal Appeal No.195 of 1985; 1981 PCrLJ 165; 1973 CrLJ 137; Khondker Mushaq Ahmed Vs. Bangladesh, 34 DLR (AD) 222. Lawyers Involved: Khan Saiful Haque with Khalilur Rahman Rokon, Advocate ‑ For the Appellant. Giasuddin Ahmed, Advocate ‑ For the State. Criminal Appeal No.724 of 1991 ......ence that my be passed against him. Let the records of the case be sent down expeditiously with a copy of this Judgment and order. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 422. ..Category: Criminal Law | Date: | Hits: 110
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