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Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......arties Judgment July 21, 2009. Result: The application is allowed. Cases Referred to- 13 BLD (AD) 277; 11 MLR (AD) 58; 32 DLR (AD) 167; 19 DLR (SC) 433. Lawyers Involved: Lutfor Rahman Mondal, Advocate - For the Petitioner. No one appears - For Opposite-parties.&nbs......ted 4-6-2006 the trial Court rejected the application filed under section 151 of the Code of Civil Procedure and fixed 4-7-2006 for commissioners' reports. 17. The Court further held: "When the remedy available to the defendants has been availed of by filing Title Suit No.17 of 2006 for sett..Category: Procedural Law | Date: | Hits: 94
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....property in the likelihood of two situations. First, if the property is needed. Or, if the property is likely to be needed, but while acquiring a property the Deputy Commissioner cannot keep both the alternatives in his pocket. He has to choose between the two. If he keeps both the options open, the......rty the Deputy Commissioner cannot keep both the alternatives in his pocket. He has to choose between the two. If he keeps both the options open, then he does not know whether the property is needed for immediate use or it is likely to be needed for some future use. The use of both these alternative......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ..Category: Property Law | Date: | Hits: 62
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....e flats and so, the flats have been correctly included in the schedule of properties for the purpose of attachment and auction sale for realisation of the decretal money; that equally efficacious alternative remedies are available to the petitioner under sections 27, 32(2), 36 and 57 of the Ain,......79; Abdul Motalib Vs. Shahed Ali, 47 DLR (AD) 9; Mollah Shahidul Islam Vs. Md. Monsur Rahman, 2005 BLD 171 = 57 DLR 164. Lawyers Involved: Md. Ashad Ullah with Khaleda Sultana Nur, Advocates - For the Petitioner. Masud Ahmed Sayed, Advocate - For Respondent No.1. Writ Petitio......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ..Category: Civil Law | Date: | Hits: 136
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......…………..Petitioner Vs. Abdur Rahman Kha………………………..Opposite Party Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and t...... November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and the only remedy lies against such decree/order is the revisional jurisdiction of the High Court Division unde..Category: Civil Law | Date: | Hits: 114
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....nal tragedy that an intransigent Freedom Fighter like Taher was murdered following such a recreant yet, dreadful intrigue. 168. Mr. M. K. Rahman, representing the respondents no. 3 and 4, found no alternative but to lend his unhesitant and overwhelming support to the contention the exalted Advoca......ain and others……………Petitioners (In Writ Petition No.7236 of 2010) with Hasanul Huq Inu…………………………………Petitioner (In Writ Petition No.826 of 2011) with Major Ziauddin and others……………...Petitioner (In Writ Petition 1048 of 2011) And Md. Abd......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
Md. Abdul Jabbar Sarker Vs. State and another, 2011, 40 CLC (HCD)
.........." 13. The definition as quoted above clearly shows that a complaint may be made to a Magistrate, and hence to the Senior Special as well, either orally or in writing. Keeping in view of such alternative mode, sections 200, 202 and 203 of the Code prescribe the procedure for dealing with aco......…………..Petitioner Vs. State and another……………………….Respondents Judgment October 25, 2011. Result: The Rule is discharged. Lawyers Involved: No one - For the Petitioner. No one - For the Opposite-Party No.2. Mrs. Purobi Rani Sharma, ......Rule. In the result, the Rule is discharged. Office is directed to send down the lower Court record with copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 103. ..Category: Procedural Law | Date: | Hits: 92
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....A record. Section 143A was inserted after Section 143 by East Pakistan Ordinance No.VIII of 1967. It was however, omitted after few years by ordinance No.LXIV of 1975. So Section 143A provides for an alternative right to right to file a case before the Civil Court for correction of bonafide mistak......This Case is also Reported in: 17 BLC (HCD) (2012) 511. ......Board by order dated 9-12-2003 allowed the review Case cancelling the order dated 8-10-1989 passed by the Assistant Commission (Land), Tejgaon. The petitioners having no other adequate, efficacious remedy available against the said order dated 9-12-2003 passed by the Full Board of the Land Appeal ..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....cerned or bound by the selling contract of the parties." 7. The learned Counsel lastly submits that there being no allegation of discrepancy of the documents, so the L.C. opening bank has no other alternative but to make payment. The appeal is not opposed. 8. In order to appreciate his subm......……………………………Appellant Vs. RMS Textile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: The appeal is allowed. In an ordinary commercial credit transaction normally there are four parties. The parties are (i) the buye......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ..Category: Business or Commercial Law | Date: | Hits: 365
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....d using the same in their business in collusion with the dishonest officials of the bank. Therefore, in order to carry out the obligation pursuant to the decree of the Arthorin case they had no other alternative but to institute the instant suit. We have carefully examined the admitted papers which ......………………………..Respondents Judgment July 9, 2005. Result: The Appeal is dismissed. Cases Referred to- 17 BLD (HCD) 204; 15 BLD (AD) 47; 33 DLR (AD) 298; PLD 1954 (Lahore) 414; AIR 1931 (Calcutta) 279; AIR 1956 (Rajasthan) 191; AIR 1953 (Calcutta) 377; AIR 1962 (SC) ......ision as reported in 33 DLR (AD) 298 and relying on this decision he urged upon us that it is now well settled that there cannot be any injunction for actionable wrongs for which damages are adequate remedy. So is the view taken by our Appellate Division in the case reported in 29 DLR (SC) 82 and th..Category: Civil Law | Date: | Hits: 87
Aleka Khatun and others Vs. Government of Bangladesh, 2004, 33 CLC (HCD)
....ch, we hold that this writ petition is also bad for this reason. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 693. ......ers…………………………..Petitioners Vs. Government of Bangladesh ………………………. Respondent Judgment May 24, 2004. Result: The Rule is discharged without any order as to cost. Disputed question of fact and writ jurisdiction of the High Court Division ......"from demolishing the structures situated in the schedule land of the petitioner." 15. This fact goes to show that writ petitioner acted mischievously in getting relief without knowing where their remedy lies and when they enforced the writ jurisdiction, their suit was pending and the suit was wi..Category: Property Law | Date: | Hits: 69
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....y having claimed title in the suit land by the disputed 4 deeds dated 17-2-1973 cannot claim title by adverse possession subsequently as there is a legal bar in claiming title at the same time by two alternative ways. The learned appellate Court then held that the disputed 4 deeds dated 17- 2-1973 a...... Begum @ Monowar Begum & others…...Petitioners Vs. Nimai Chandra Roy………………….Opposite Party Judgment August 9, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Sultan Ahmed Vs. Fazlul Kabir, 5 DLR 383. Lawyers Inv......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ....... Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 &......d. Mokarrum Hossain, 29 DLR(SC) 185. On the basis of those decisions Mr. Ahmed submits that the Appellate Division and the High Court Division have consistently held that when there is specific legal remedy as provided by the Code under Order 9 rule 9 for restoration of the suit after dismissal for ..Category: Procedural Law | Date: | Hits: 82
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....t Ain and the Writ Jurisdiction The judgment and decree of the Artha Rin Adalat cannot be interfered with invoking the writ jurisdiction under Article 102 of the Constitution, as there is an alternative provision for appeal against a judgment of the Artha Rin Adalat under the Ain, 2003…......ision (Special Original Jurisdiction) Present: Nozrul Islam Chowdhury Mohammad Ullah J Dr. S.M. Eunus Ali………………………………………Petitioner (Defendant-Judgment Debtor) Vs. Artha Rin Adalat and others………………………Respondents Judgment Dece......ff bank under section 33(7) of the Ain, 2003 in compliance with the provision of section 12(7) of the Ain, 2003. 27. It is pertinent to mention here that section 12 (8) of the Ain, 2003 provides a remedy to the judgment debtor for claiming compensation, if any irregularity or illegality is found ..Category: Civil Law | Date: | Hits: 254
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......ul in the proceeding under section 145 Cr.P.C. and the unsuccessful party therefore after final orders passed under sub-section (6) of section 145 Cr. P.C. be relegated to a civil Court to find a remedy. An order passed by the Magistrate under subsection 6 of section 145 Cr.P.C. would be a fin..Category: Criminal Law | Date: | Hits: 88
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacated. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......……………………..Respondents Judgment August 8, 2011. Result: The Rule is discharged. Administrative Tribunal and its Jurisdiction The Constitution of Bangladesh, 1972 incorporated Article 117 with a non-obstante clause which is to be given full force and effect. Pursuan......hin the jurisdiction of such tribunal. Under Article 152 of the Constitution the word "Court" includes "Supreme Court". Again Article 102 (2) clearly provides that when no other equally efficacious remedy is provided by law any person aggrieved can invoke Article for redress. So it is clear that t..Category: Administrative Law | Date: | Hits: 455
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....r section 561A of the Code of Criminal Procedure as the accused petitioner still has an opportunity to invoke the provisions under section 241A of the Code of Criminal Procedure which provides for an alternative remedy. 11. Here it may be mentioned that freedom of press has been guaranteed under ......ns including offence of defamation. A journalist cannot take shelter under the cloak of freedom of press after committing an offence including one of defamation by publishing false and malicious news or views............................(11) On the basis of the defence plea or materials the crimin......1A of the Code of Criminal Procedure as the accused petitioner still has an opportunity to invoke the provisions under section 241A of the Code of Criminal Procedure which provides for an alternative remedy. 11. Here it may be mentioned that freedom of press has been guaranteed under Article 39 o..Category: Criminal Law | Date: | Hits: 81
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......, A.I.R. 1950; East Punjab (F.B) 25; State Vs. Mohammed Jamil, 20 DLR (S.C.) 315; Adnan Afzal Vs. Sher Afzal, 21 DLR (S.C.) 123. Lawyers Involved Khondker Mahbub Hossain with M. Fazlul Karim - For the Petitioners. A.F.M. Hasan Arif, Deputy Attorney General - For the State. S. C. D......an AIR 155 Rajasthan 203 wherein Wanehoo CJ. observed, ''It (Clause 'e' of section 6 of the General Clauses Act) lays down that the repeal shall not affect any investigation, legal proceeding or remedy in respect of any such right, privilege, etc. This Clause has, in our opinion, nothing t..Category: Criminal Law | Date: | Hits: 103
.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations.
Mohammad Bazlur Rahman J. - I agree.
Ed.
This Case is also Reported in:
......dents
Judgment
December 2, 2012.
Result:
The Rule is discharged with observations.
Degree of disability of all injured freedom fighters is determined by a medical test in 2003 that reported the disabled freedom fighters were reclassified in six categories from A to F, wherein the dis......rust the disabled freedom fighters with 1-19% disability were not entitled to any honorarium…………………………(9)
A document must be annexed to validate any injury or disability to get remedy.
Disabled freedom fighters with 5%disability and enlisted with the Trust for the first tim..
Category: Civil Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......y Judgment March 2, 2010. Result: The rule is discharged. The Code of Criminal Procedure, 1898 (V of 1898); sections 173 and 561A A 'naraji petition' which is not signed by the attorney of the complainant or by the complainant himself cannot be considered as a petition in the eye...... as such, the question of quashment does not arise at this stage. He further submits that, once cognizance is taken upon a police report(charge sheet) finding prima facie case, the accused would have remedy to file petition to discharge him. He next submits that, section 173(3B) of the Code of Crimi..Category: Criminal Law | Date: | Hits: 124
Md. Boktar Ali Vs. Most. Anjuara Begum and others, 2008, 37 CLC (HCD)
....1 of the Code of Civil Procedure is to do justice where is there is no specific provision of law. Where there is specific provision of law, one can not get relief under section 151 of the Code. If an alternative remedy is available in the stature, the inherent power of this sort cannot be invoked.......fic provision of law. Where there is specific provision of law, one can not get relief under section 151 of the Code. If an alternative remedy is available in the stature, the inherent power of this sort cannot be invoked.…………………………………….(18 & 19) Cases Referred to......e of Civil Procedure is to do justice where is there is no specific provision of law. Where there is specific provision of law, one can not get relief under section 151 of the Code. If an alternative remedy is available in the stature, the inherent power of this sort cannot be invoked.…………..Category: Procedural Law | Date: | Hits: 162
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