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SM Redwan Vs. Md. Rezaul Islam and others, 2013, 42 CLC (AD)
....he High Court Division are hereby set-aside. The concerned Courts are directed to proceed with the cases in accordance with law. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 169. ...... Judgment October 9, 2013. Result: Both the appeals are allowed. Payment stopped by the drawer Since the cheques were returned by bank with the endorsement "payment stopped by the drawer" it is to be presumed that those were re......t;The object of bringing section 138 on statute appears to be to inculcate faith in the efficacy of banking operations and credibility in transacting business on negotiable instruments. Despite civil remedy, section 138 intended to prevent dishonesty on the part of the drawer of negotiable..Category: Criminal Law, Others | Date: 9 Oct, 2013 | Hits: 12
.... suit for damage and compensation. Given that provision of the law, it is held that this Court ought not interfere with the auction sale held by the bank under writ jurisdiction as the petitioner has alternative efficacious remedy in the Ain as aforesaid. In this regard, this Court subscribes to the......
(Special Original Jurisdiction)
Present:
Syed Refaat Ahmed J
Mahmudul Hoque J
Proshanta Kumar Sarkar....................Petitioner
Vs.
Managing Director, Agrani Bank Ltd Head Office and others..........Respondents
Judgment
Octo......pensation. Given that provision of the law, it is held that this Court ought not interfere with the auction sale held by the bank under writ jurisdiction as the petitioner has alternative efficacious remedy in the Ain as aforesaid. In this regard, this Court subscribes to the view adopted-by-their-l..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
Moulana Abdul Hakim (Md.) Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
....ed of with the directions above. 43. There is no order as to costs. Communicate this judgment and order forthwith. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 83 ...... play in relation to the infringement of any fundamental right guaranteed under Part III of the Constitution. Article 102(2) presupposes the availability of the various writs that may be appealed to for reviewing actions and operations in the public domain. When issues of fundamental rights are...... appropriate for the enforcement of any of the fundamental rights conferred by Part III of this Constitution. (2) the High Court Division may, if satisfied that no other equally efficacious remedy is provided by law- (a) on the application of any person aggrieved, make an order- ..Category: Administrative Law, Constitutional Law | Date: 3 Oct, 2013 | Hits: 2
Ahmed Lal Mia Vs. State and another, 2013, 42 CLC (AD)
....d Court, Chittagong filed by him. The learned Metropolitan Sessions Judge by his order dated 26-2-2012 rejected the prayer for discharging the accused from the case, but did not pass any order on the alternative prayer. And this order was also challenged before the High Court Division as stated here......ondents Judgment October 3, 2013. Result: The leave petition is dismissed. Lawyers Involved: Mvi Md. Wahidullah, Advocate-on-Record—For the Petitioner. Zainul Abedin, Advocate-on-Record—For Respondent Nos.2......ove, no interference is called for with the impugned judgment and order. The leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 204. ..Category: Criminal Law | Date: 3 Oct, 2013 | Hits: 5
....no reason and logic, he could just sit over the matter.
With the above observations, this petition is dismissed.
Ed.
This Case is also Reported in: 20 BLC (AD) (2015) 143
......ellip;………………….Respondents
Judgment
September 24, 2013.
Result:
The Petition is dismissed.
Duty of the concerned VAT authority
If the VAT authority may have any justifiable 'demand against the petitioner, they c...... Rules, 1991 as the registration of Mushak of the writ-petitioner was not cancelled under the provision of section 19(1) of the VAT Act. The writ-petitioner, finding no other equally efficacious remedy provided by law against the order of the Appellate Tribunal, filed the writ petition.
7...
Category: Fiscal/Taxation Law | Date: 24 Sep, 2013 | Hits: 9
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....icle 140(2) (c) he was compelled to challenge the aforesaid impugned orders before the Court. Being superseded illegally again and failing to get justice from the Government he had no other alternative than to take shelter of the judiciary by filing AT Case No.203 of 1992. Thereafter, the ...... appeals are allowed. Case Referred to- Saifur Rahman Vs. Bangladesh through the Secretary, Ministry of Agriculture, (1989) 41 DLR 538. Lawyers Involved: Md.Shohrowardi, Deputy Attorney-General, Instructed by Md. Ferozur Rahman, Advocate-on-Record—For the Appellant. (In all......public by way of writ-petition and the decision reported in 41 DLR 538 on the exact point of implementation of the decision of the Administrative Tribunal also clearly holding that writ for such remedy was not maintainable, the High Court Division erred in entertaining the writ petition as..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
....merit.”
60. The view taken by Ayre, J. is representative of the common law policy of non-interference with acts, decisions and omissions of public authorities when there is availability of alternative remedy-a principle, which is consistently followed by the Courts of this sub-continent, ......hellip;Respondents
Judgment
August 1, 2013.
Result:
The Rule is made absolute.
Cases Referred to-
Kusper Vs. Pontikes, 414 US, at 57, 38L Ed 2nd at 266; Whitney Vs. California, 274 US 357, 71 L Ed 1095, 47 S Ct 641 (1927); Brandenbourg Vs. Ohio, 395 US, at 447, 449, 23 ......us construction of locus standi in our socio-economic circumstances and conceptual latitudinarianism permits taking liberties with individualization of the right to invoke the higher Courts where the remedy is shared by a considerable number, particularly when they are weaker.
23. The Supreme C..
Category: Constitutional Law | Date: 1 Aug, 2013 | Hits: 11
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
.... 4. Robi Axiata for its part has insisted that the temporary employment of each such plaintiff having already determined under separate contracts of employment, the proper avenue of redress lay alternatively under section 33 in preference to section 213 of the Act. Noting that each side h...... Result: All the Petitions the Rules Nisi are discharged. Cases Referred to- General Manager, Hotel Inter Continental Dacca 2nd Labour Court, 28 DLR 160; Railway Men's Stores Vs. Chairman Labour Court , 30 DLR (SC) 251, AK Khan and Co, Vs. Chairman Labour Court, 32 DLR ...... Therefore, and contrary to a line of argument adopted by Robi Axiata Limited in these Writ Petitions, it is this Court's finding that an existing worker's recourse to a section 213 remedy is not invariably dependent on the availability of or a prior recourse to a remedy under sect..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
....ed the said cheque on 12.08.2008 and 19.08.2008 for encashment to the Dutch Bangla bank Ltd. Narayangonj branch and on both occasion the cheque was dishonoured for insufficient fund. Finding no other alternative, the complainant issued a legal notice according to the provisions of the Negotiable Ins......anuddin J.-I agree. Ed. This Case is also Reported in: ...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
.... in the Registration Act, 1908 vide Act 25 of 2004 with the incorporation of section 21A in the Specific Relief Act, 1877 vide Act 27 of 2004 the plaintiff, the present petitioner finding no other alternative but to file a Title Suit No.145 of 2006 for Specific Performance of Contract on 28.06.2......¦â€¦Respondents Judgment July 7, 2013. Result: The is hereby dismissed Lawyers Involved: Quamrul Islam Siddique, Advocate instructed by Mohd. Nawab Ali Advocate-on-record- For the Petitioner. Fida M. Kamal, Advocate Instructed by Shamsul Alam, Advocate-on-reco......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
....h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ...... Result: This petition is disposed of with observations. Discretionary power of the High Court Neither the accused has any right to claim bail nor the Court has uncontrolled power to enlarge him on bail when it is non-bailable offences. Court c......proved by this Division in State Vs. Abdul Wahab Shah Chowdury, 51 DLR (AD) 242 and given guidelines to follow while exercising this power observing that whenever a person comes to court seeking this remedy, he should keep in mind that it is an exception to the general rule of bail and for exercisin..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....plied for rescheduling the loan without depositing down payment as required by law and, as such, the respondent No. 2 refused the prayer of the petitioners and finally the respondent No. 2 finding no alternative served legal notice demanding payment of outstanding dues and filed the suits for r...... May 15, 2013. Result: Both the rules are discharged. Artha Rin Adalat Ain (VIII of 2003); Sections 10(1) and 19(2) Section 10 of the Ain, 2003 does not provide any provisions for filing applications against the ex-parte judgments and decree of the Adalat similar to the provis......well as provisions of law and allowed the court to proceed with the case ex-parte. It is also contended that the present writ petitions are not maintainable in law as there is alternative efficacious remedy under section 41 of the Artha Rin Adalat Ain, 2003. The petitioners are accordingly contended..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
...., and dissatisfied with the order No.2 dated 22-12-2010 passed by respondent No.2, Deputy Commissioner, Bogra and Appellate Authority, Pourashava Election-2010, Bogra, the petitioner finding no other alternative and for efficacious remedy, filed Writ Petition No.10044 of 2010 before the High Court D......s
Judgment
May 7, 2013.
Result:
The leave petition is dismissed.
Lawyers Involved:
Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam Advocate-on-Record—For the Petitioner.
None Represented—For the Respondents.
Civil Petition f......r No.2 dated 22-12-2010 passed by respondent No.2, Deputy Commissioner, Bogra and Appellate Authority, Pourashava Election-2010, Bogra, the petitioner finding no other alternative and for efficacious remedy, filed Writ Petition No.10044 of 2010 before the High Court Division. The learned Judges of t..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
ABM Mohiuddin Chowdhury Vs. Anti-Corruption Commission and others, 2013, 42 CLC (HCD)
....te of receipt of the copy of thus order. The Court concern is to decide the prayer for bail, if so made, in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 537 ......ourt High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J AKM Zahirul Islam J ABM Mohiuddin Chowdhury.............Petitioner Vs. Anti-Corruption Commission and others...............Respondents Judgment ......Criminal Procedure in the garb of writ jurisdiction. If the High Court Division feels to exercise its writ jurisdiction there must have been good and sufficient reason to by-pass the alternative remedy provided by the statute. The writ jurisdiction is mean for doing justice where it cannot be d..Category: Anti-Corruption Laws, Constitutional Law | Date: 4 Apr, 2013 | Hits: 4
Maku Rabi Das Vs. State, 2013, 42 CLC (AD)
.... found the accused-appellant Maku Rabi Das guilty of the offence punishable under section 302 of the Penal Code and awarded capiÂtal sentence since there was no extenuating cirÂcumstance to award alternative sentence like imprisonment of life. 12. Then convicted appellant sought to have t......e...............................................Respondent Judgment April 3, 2013. Result: The appeal is dismissed. Lawyers Involved: Md. Helal Uddin Mollah, Advocate-For the Petitioner. Momtaz Uddin Fakir, Additional-Attorney-General-For the Respondent. Ja...... find no merit in the appeal and accordingly it is dismissed. The confirmation of sentence of death is to be maintained. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 240. ..Category: Criminal Law | Date: 3 Apr, 2013 | Hits: 16
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... and better statement. The learned Advocate further submits that the Court below in deciding the merit of the Civil Revision also failed to appreciate that further and better statement is not an alternative to amendment of pleadings. By further and better statement the defendant-respondent......ureshi .............Plaintiff-Opposite Party-Petitioner Vs. Dr. Ali Asker Qureshi..................Defendant-Petitioner-Opposite Party Judgment March 6, 2013 Result: The order is discharged. Cases Referred to- 1986 BLD (AD) 224; 47 DLR 556; 1 BLC (AD) 156. ...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......hid and others......................Respondents Judgment February 20, 2013. Result: The appeal is dismissed with modification of the judgment. Cases Referred to- Oxford Vs. Provand, LR 2 PC 135; F Edridge Vs. RD Sethna, 60 IA 368; Jamshed Khodaram Irani Vs. Burjori......t for executing a sale deed. If the plaintiff did not respond to his notice, he could have taken steps for rescission of the agreement as per agreement. 9. Equity does not give any special remedy to a party who has chosen not to perform his promise. Performance of one party's promise ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Rana Kaiser Siddiq Vs. Bangladesh Chemical Industries CorporaÂtion and others, 2013, 42 CLC (AD)
....eceipt of the said letter, writ petitioner wrote a letter to the Chairman of Bangladesh Chemical Industries Corporation on 24-7-2004 to reconsider the matter but to no avail. 3. Finding no other alternative, the writ petitioner served a notice demanding justice upon the writ respondents on......Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Rana Kaiser Siddiq..................Petitioner Vs. Bangladesh Chemical Industries Corporation and others………Respondents Judgment February 14, 2013. ......tual right Contractual right is not enforceable in exercise of writ jurisdiction..........(11) In case of any right arising out of accepting or rejecting the tender, the petitioner can seek remedy before the civil Court, not in the High Court Division by way of writ petition ................Category: Others | Date: 14 Feb, 2013 | Hits: 10
AKM Mahtabul Islam Vs. Bangladesh and others, 2013, 42 CLC (HCD)
....s rule is discharged with an exemplary costs of Taka 10,000 (ten thousand) as condition precedent. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 539 ...... January 30, 2013. Result: The rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mojibul Huq, 41 DLR (AD) 68. Lawyers Involved: Zahangir Kabir, Advocate—For the Petitioner Fida MKamal with Mdldrisur Rahman, Advocates— For the Respondent No. 3.......To Appeal No. 511 of 2011. He also placed reliance in the case of AFM. Shah Alam Vs. Mojibul Huq reported in 41 DLR (AD) 68 to substantiate his submission that after the gazette notification the only remedy against the election can be sought before the properly constituted Election Tribunal by filin..Category: Constitutional Law, Election Law | Date: 30 Jan, 2013 | Hits: 3
Mohammad Elias Vs. Commissioner of Customs, Chittagong and others, 2013, 42 CLC (HCD)
....ficial notification by the Government fixing tariff value or minimum value for any imported goods for the purpose of levying customs duties, while the Customs Valuation Rules, 2000 provides different alternative methods of determining transaction value of any imported goods, when the value quoted in...... Case Referred to- Abul Khair Condensed Milk and Beverage Ltd. Vs. Commissioner of Customs and others, 60 DLR 450. Lawyers Involved Ramzan Ali Sikder with Abdullah Mahmud Hassan, Advocates-For the petitioner. Ishrat Jahan, Assistant Attorney General-For respondent No.1. Writ Petition......final assessment within a period of four months from receipt of this order. Communicate the judgment to respondents No.1-4. Shamim Hasnain J. - I agree. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 28 Jan, 2013 | Hits: 59
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