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Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ......tice in the Court where the suit is pending; (ii) Where the judge is interested to one party; (iii) Where the judge is prejudiced against the party; (iv) To avoid multiplicity of proceedings or conflicting decisions; (v) Where two persons have filed suits against each other on the same c......e lis, (c) imporÂtance and the difficulty of the question involÂved in the case, and (d) lastly, where the interests of justice require a transfer. As against the dismissal of stay application, the remedy does not lie in a transfer petition and in the background of facts, what was stated before th..Category: Procedural Law | Date: | Hits: 179
Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)
....rty is likely to be needed. A property is either needed or it is likely to be needed for public purpose or public interest, 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......ul Karim …………….pititioner Vs. Land Acquisition Officer, Comilla and others……………Respondents Judgment March 16, 2006. Result: The Rule is made absolute without any order as to costs. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinan......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ..Category: Property Law | Date: | Hits: 85
Ocean Accessories Limited and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....his Rule should be discharged. 5. In reply Mr. Islam, the learned counsel for the petitioners, submits that if an order affecting one's legal right is challenged being wholly without authority the alternative remedy provided by the statute will not stand as a bar in bringing a writ petition. In s......is Case is also Reported in: 30 BLD (HCD) (2010) 441. ......uld be discharged. 5. In reply Mr. Islam, the learned counsel for the petitioners, submits that if an order affecting one's legal right is challenged being wholly without authority the alternative remedy provided by the statute will not stand as a bar in bringing a writ petition. In support of hi..Category: Fiscal/Taxation Law | Date: | Hits: 174
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
.... a suggestion that either drop the Companygonj Police Station Case No. 11 dated 12-8-2001 corresponding to GR Case No. 1003 of 2001 Session Case No. 11 of 2003 from the gazette notification or in the alternative, establish a Druta Bichar Tribunal at Noakhali Sadar for convenience of the accused pers......e with observations. Why the Druta Bichar Tribunal Ain, 2002 was promulgated? This Ain was promulgated to ensure speedy tail so that an accused may not languish days unnecessarily behind bars or may not be hanging in the name of trial for unlimited period, this Ain was promulgated keeping in......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ..Category: Procedural Law | Date: | Hits: 84
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......ximpo Trading Limited…………………… Plaintiff Vs. MV Banglar Kakoli ………………………Defendants Judgment May 29, 2007. Result: The suit is dismissed without any order as to costs. Cases Referred to Trans Oceanic Steamship Co. Ltd. Vs. Adamjee Insurance Co......er. In East and West Steamship Co., AIR 1960 SC 1058 the Supreme Court of India has laid down that operation of clause 6 of Article III of the Act 1925 does not result merely in the extinction of the remedy against the carrier by a claimant but absolves the carrier from any liability. 59. The pla..Category: Limitation Law | Date: | Hits: 174
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....Article 102 of the Constitution, namely, Writ Petition No. 892 of 1991 which was dismissed summarily by a Division Bench of the High Court Division on 30-6-91 on the ground that the petitioner has an alternative and efficacious remedy by way of appeal …………………………… The petition i......e Artha Rin Adalat An application under Article 102 of the Constitution does not lie against the judgment and decree of the Artha Rin Adalat since there is specific provision in the statute for filing appeal against the judgment and decree passed by the Artha Rin Adalat…………………......n law, inasmuch as by now it has been well settled that no writ petition lies against the judgment and decree passed by the Artha Rin Adalat since there is a specific provision in the Ain for seeking remedy against the judgment and decree passed by the Artha Rin Adalat. The learned Advocate next, on..Category: Civil Law | Date: | Hits: 170
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
.... of 'Censure' who are still serving under the Respondent No.1. 4. Being aggrieved by the aforesaid impugned order dated 5.6.1996 passed by the Respondents the petitioner had no other efficaÂcious alternative remedy but to invoke the jurisdiction of Article 102 of the Constitution and obtain the ......ithout lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......' who are still serving under the Respondent No.1. 4. Being aggrieved by the aforesaid impugned order dated 5.6.1996 passed by the Respondents the petitioner had no other efficaÂcious alternative remedy but to invoke the jurisdiction of Article 102 of the Constitution and obtain the present Rule..Category: Labour and Industrial Law | Date: | Hits: 2706
AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)
.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... Judgment July 10, 1989. Result: This Rule is made absolute. The Special Powers Act, 1974 (XIV of 1974); Section 2 (f) and 3 Presence of a specific criminal case against the detenu for deÂtention When there is a specific case against the detenue and the same is the subject matt......ode of Criminal Procedure gives jurisdiction to this Court in the nature of 'Habeas Corpus' to release a person illegally and imÂproperly detained in custody. Our Constitution also provides for such remedy in exercise of the constituÂtional jurisdiction of this High Court Division. Thus it becomes..Category: Criminal Law | Date: | Hits: 66
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......pondents
Judgment
May 20, 2008.
Result:
The Rules are made absolute with cost.
Case Referred to-
Bangladesh Vs. Sree Sree Modan Gopal Jeo Begraha, 33 DLR (AD) 13; Anwara Begum Vs. Noorjahan Begum, 27 DLR (AD) 109; Azmiri Begum Vs. Bangladesh; Osimuddin Vs. Bangladesh, 1 BLC 375; Ad......f any person on behalf of so-called Bhawal Raj Court of Wards Estate or Bhawal Raj Estate is still aggrieved he can go to a Civil Court of competent jurisdiction for vindication. He does not have any remedy under the State Acquisition and Tenancy Act, 1950. They have already exercised their choice b..
Category: Property Law | Date: | Hits: 120
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....ther has complied with the mandatory requirement of law to swear the affidavit in Form XVIIE and XVIIF, at the end of the election expense return. The provisions of Article 63(1) being couched in the alternative, satisfaction of any one of clauses (a) to (e) is sufficient to declare the election of ......unicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ..Category: Election Law | Date: | Hits: 300
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ...... May 14, 17, 2009. Result: The Rule is made absolute. The Evidence Act, 1872 (Act No. I of 1872), section 134 Section 134 of the Evidence Act requires no particular number of witnesses for proof of any fact. Therefore, the evidence of the victims and witnesses alleging sexual abuse/har......924 A.C. 764 and Secretary of State Vs. Mask and Co, 67 1A 222. (State Medical Faculty of West Bengal Vs. Vshti Bhusan, 64 CWN 842). 27. In view of the constitutional provisions in Article 102 the remedy by way of writ cannot be denied to anyone who feels that his right has been affected. "If the..Category: Employment/Service Law | Date: | Hits: 169
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
....cessary' one cannot be allowed to have easement right over the property of another……………………(11 & 13) Extinction on termination of necessity In case of plaintiff’s having an alternative pathway or at least an opportunity for owning alternative pathway over the own land, the......d. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The LimiÂtation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the right of the servient ownÂer and, therefore, all easements should be specifically pleaded so that the servient owner can meet the claim…â€...... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ..Category: Civil Law | Date: | Hits: 189
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
.... Powers Act, which is a special law, such power having not been conferred on him by the provisions of the Code, it cannot be said that he cannot exercise power of making an order of detention. In the alternative he submits that the provisions of the Code cannot curtail the said power. This contentio......ial is an evil to be suffered, but to no greater extent and in no greater measure than is minimally necessary in the interest of the community. The safeguards against unfounded accusations and the opportunity for establishing innocence, which constitute the hallmark of an ordinary criminal trial, ar......an order of detention, he has a Constitutional right under Article 102(2)(b)(i) as well as a statutory right under section 491 of the Code to challenge the said order of detention. Habeas corpus is a remedy for a person deprived of his liberty. It is addressed to him who detains another in custody a..Category: Criminal Law | Date: | Hits: 114
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
.... the remarks that there is no sufficient money in the account. He then brought this fact to the notice of the accused petitioners who made delaying tactics and did not pay the money. Finding no other alternative he sent a legal notice on 8‑4‑2001 in the address of the residence of the accused pe......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Parties Judgment August 30, 2003. Result: The Rule is made absolute. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881) The cause of action for filing of a case under section 138 of the Negotiable Instruments Act arises after expiry of the p...... court of Metropolitan Magistrate, Dhaka is hereby quashed. Communicate the order to the Court of Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 630. ..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
...., whereby the plaintiff claimed, and the defendants refused to pay the sum in question. In the face of the defendants' persistent refusal to adhere to the plaintiff’s request, he being left with no alternative, filed the present suit. 4. The suit was contested rather vigorously and all of the t......ank acts without mandate and cannot repel liability, the only limitation on bank's liability being based on customer's lack of care in drawing a cheque as well as on his deliberate abstention from informing the bank of forgery…………………………(11) The banks have the defence of estopp......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ...... Result: The rule is made absolute. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI Rule 19 Where there is specific proviÂsion of law for re-admission of the appeal then the litigant should invoke that provision. If the defenÂdant fil......tiated the proceeding altogether, recourse to section 151 of the Code will also not be ordinarily appropriÂate, as a properly framed suit under the general law will undoubtedly be a mere appropriate remedy in such a cause. Mistake of a Court or Courts officer causÂing some injustice to a party is ..Category: Procedural Law | Date: | Hits: 154
Iftekhar Afzal and anothers Vs. Pubali Bank Limited and others, 1998, 27 CLC (HCD)
....lt, the Rules are discharged but without any order as to costs. The orders of stay passed by this Court in these Rules stand vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 623. ......57; Trimbak Gangadher Telang and another Vs. Ramchandra Ganesh Bhide and others, AIR 1977 (SC) 1222; A B Sarin Vs. BC Patel, AIR 1951 Bom 423. Lawyers Involved: M Moniruzzaman Khan, Advocate - For the Petitioner (In both the Civil Revisions). Mrinal Kanti Biswas, Advocate - For the Opposite...... the Adalat Act being a special legislation setting up a special Court the remedies will follow as provided therein and if there is any exclusion indicated therein, as in section 6, it will include a remedy under the general law." 18. And their Lordships in the Appellate Division dismissed the sa..Category: Civil Law | Date: | Hits: 171
....ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
......¦â€¦â€¦â€¦Award-holder-Petitioner
Vs.
Bangladesh Power Development Board, represented by its Chairman, Wapda Building, Motijiheel Commercial Area, Dhaka and an others……………Judgment-debtor-Opposite Party
Judgment
June 7, 2010.
Result:
The Rule is made absolute.
......ter the enforcement and execution of an Arbitral Award was required to be challenged in accordance with the provisions of the secÂtion 46 of the Arbitration Act, 2001. He adds that since there being remedy available under special law, the remedy under general law is not entertainable.
24. On a c..
Category: Civil Law | Date: | Hits: 178
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....itioners knew everything of this matter in view of the fact that on such dispute different meetings were held where the petitioners participated. It is their further case that the petitioners had the alternative remedy under article 5 of the Order issued vide SRO No.345‑L/81 dated 22‑10‑81 by ......pecial Original Jurisdiction) Present: Md. Mozammel Haque J Md. Hassan Ameen J Acqua Foods Limited and another…………………………………Petitioners Vs. Controller of Imports and Exports and others………………………………………Respondents Judgment F......w everything of this matter in view of the fact that on such dispute different meetings were held where the petitioners participated. It is their further case that the petitioners had the alternative remedy under article 5 of the Order issued vide SRO No.345‑L/81 dated 22‑10‑81 by the Ministry..Category: Civil Law | Date: | Hits: 140
Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)
....deline passed by the Board of Director on 29-8-88 was in operation. There is no specific denial by the petitioner that he did not face any interview in 1988 for such promotion. We have, therefore, no alternative but to hold that petitioner was promoted SPO following the aforesaid guideline dated 29-......ed Mujib, AIR 1981 (SC) 487; Shafiuddin Ahmed Vs. Bangladesh, 47 DLR 81; Administrative Tribunal Vs. Muklesur Rahman, 36 DLR 71. Lawyers Involved: Amirul Islam with Shafique Ahmed, Advocates - For the Petitioner. Rafiqur Rahman, Advocate - For Respondent Nos. 9-10. Syed Ishtiaq Ahmed wit......t that could also be considered by the Administrative Tribunal. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 39. ..Category: Employment/Service Law | Date: | Hits: 194
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