Search Options
Judgment Advanced Search
Displaying 581-600 of 1543 results.
....n we need not embark on discussion on merit.
In the result, this petition is rejected on the ground of inordinate delay. No costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 502.
......Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahfuzur Rahman J
People's Republic of Bangladesh, represented by the Secretary, Ministry of Housing and Works, Government of Bangladesh.......................Petitioner
Vs.
Chairman, Court of Settl......through different organs and set‑ups which consumes a lot of time which is quite unavoidable." The petition is under Article 102. Article 102 of the Constitution is meant for speedy and efficacious remedy.
2. The learned Assistant Attorney‑General drawing our attention to the above quoted par..
Category: Limitation Law | Date: | Hits: 230
Eliadah McCord Vs. State, 1995, 24 CLC (HCD)
....nny stated her, no, these are something else and she was to carry it to Walter who was at that time at Zurich. She stated that she was compelled to take those goods with her body and she had no other alternative but to take it in such a situation as the ticket and passport were with Mr. Tonny and To......s Case is also Reported in: 48 DLR (HCD) (1996) 495.......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...Category: Criminal Law | Date: | Hits: 162
....ion of the petitioner's medicines. He has acted without jurisdiction and most highhandedly.
23. It has been next argued on behalf of the respondents that the petitioner not having availed of the alternative remedy of appeal, provided for in section 6A of the said Ordinance, the petition is not ......ourt
High Court Division
(Special Original Jurisdiction)
Present:
Mustafa Kamal J
AM Mahmudur Rahman J
Ruhul Amin……………………………………Petitioner
Vs.
Director, Drug Administration and Licencing Authority (Drugs), Directorate of Drug Administration…......etitioner's medicines. He has acted without jurisdiction and most highhandedly.
23. It has been next argued on behalf of the respondents that the petitioner not having availed of the alternative remedy of appeal, provided for in section 6A of the said Ordinance, the petition is not maintainable..
Category: Others | Date: | Hits: 184
....ause notice. It is asserted by the plaintiff‑opposite‑party that the order of termination is mala fide. The plaintiff‑opposite‑party filed a Review petition but got no reply. Finding no other alternative the plaintiff filed the suit being Title Suit No.41 of 1988 before the learned Munsif, U......Patwary and others……………..…….Opposite Parties
Judgment
January 27, 1992.
Result:
The Rule is discharged.
Lawyers Involved:
Md. Ruhul Amin, Advocate‑For the Petitioner.
Amir Hossain, Advocate ‑ For the Opposite Party.
Civil Revision No.......ourt below and dismissed the appeal.
12. Mr. Md. Ruhul Amin, the learned Advocate, vehemently argued that since the plaintiff-opposite‑party who is an armed guard of the bank is a worker, his remedy lies before the Labour Court and not before the civil Court. He has drawn my attention to sec..
Category: Labour and Industrial Law | Date: | Hits: 233
....ation Directorate Bangladesh Secretariat, Dhaka may be even a collusive order deliberately made illegal to help the petitioner. So the Court has to declare it to be illegal. Therefore I have no other alternative but to agree that the impugned order dated 15.1.90 cannot be upheld as valid and legal o......azle Hussain Mohammad Habibur Rahman J
Abdul Hasib J
Syed Mozammel Huq..................Petitioner.
Vs.
People's Republic of Bangladesh represented by Secretary, Ministry of Works and others ..................Respondents.
Judgment
January 24, 1991.
Result:
......e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 403...
Category: Property Law | Date: | Hits: 160
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....oner, submits that the impugned order is violative of Article 36 of the Constitution and the present application having been for enforcement of fundamental rights, it is not necessary to avail of the alternative remedy, if any. He further submits that, in fact, the order is not appealable. He also s......riat, Dhaka and others ………..Respondents Judgment February 17, 1992. Result: The Rule is made absolute. Case Referred to- Syed Mokbul Hossain Vs. Government of Bangladesh & ors. 44 DLR 39. Lawyers Involved: Syed Ishtiaq Ahmed, with Mahmudul Islam and Md. Fazlul Hoqu......f reasons dated 3.11.91 but the petitioner instead of explaining the position moved the present application on which the Rule was issued. It is the further case of the respondents that an efficacious remedy is provided for in Article 10 of the Bangladesh Passport Order, 1973 by way of appeal and, as..Category: Business or Commercial Law | Date: | Hits: 601
Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)
....r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the impugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......njab Ali Vs. Mokarram Hussain 29 DLR (SC) 185; Arjun Singh Vs. Mohiadra Kumar AIR 1964. 993; AIR 1961 Assam 47; Tulsiram Bhagwan Das AIR 1959 Cal.379. Lawyers Involved: Faruqe Ahmed, Advocate -For the Petitioner. Sarojendu Roy, Advocate -For the Opposite Party. Civil Revision No.2 of 19......bject of remedies which a party may have if the decision in a suit goes against him on account of his failure to appear has been specifically dealt with by the Code and along with other remedies, a remedy of a summary character has been provided The ground on which the remedy can be claimed and gr..Category: Procedural Law | Date: | Hits: 127
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....circumstances. 15. Heard the rival submissions of the learned counsel of both the sides. We find much substance in the contention urged by learned Deputy Attorney General. Though law prescribes alternative sentence for the offence of murder, emphasis should be laid on the proposition that no......eath passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....ants against the judgment and decree dated 25-9-2004 (decree signed on 26-9-2004) passed by the learned Joint District Judge, Court No.1, Noakhali in Title Suit No.25 of 2004 decreeing in the suit as alternative dispute resolution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit ......nd others………………………………………Plaintiff-Respondents Judgment May 29, 2011. Result: The appeal is allowed. Lawyers Involved: Abul Kalam Chowdhury, Advocate - For the Defendant-Appellant. Waliur Reza Chowdhury with Musharraf Hossain Mazumder, Advocates - Fo......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ..Category: Alternative Dispute Resolution | Date: | Hits: 227
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....out so as to attract the revisional jurisdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119.......ton Vs. Mt. Bachani ; AIR 1963 Patna 1; Deo Dutta Singh and others Vs. Ram Naresh Singh and others ; AIR 1973 Patna 166. Lawyers Involved: Chitta Ranjan Das with Mostafa Niaz Mahmud, Advocate -For the Petitioner. Mokbul Ahmed with Ahsanul Kabir, Advocates -For the Opposite Party. Civil R......was also expressed, that the appellate Court had no jurisdiction to dismiss he appeal on merits under Order 41, rule 17 and its order should be treated, as an order of dismissed for default and the remedy of the aggrieved party to move an application under Order 41, rule 19 C.P.C will remain ope..Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......: The Rules is discharged. Cases Referred to- 31 DLR 39; M.G. Towab Vs. The State, 35 DLR 1982, 371; 34 DLR, 371-402; AIR 1931, 443. Lawyers Involved: Muhammad Abdul Hague, Advocate - For the Petitioner. A.H. Mahfoozur Rahman, Advocate - For Opposite-Party No.2. Md. Altaf Hossai......or if there was a malice his mind. He may be civilly liable in damages. In the case of complaint by the Court all this is not possible and even when the prosecution fails the person prosecuted has no remedy. If therefore a person is to have no remedy it is necessary that a Court should act within ..Category: Criminal Law | Date: | Hits: 117
....se from the custody the petitioner went to the respondent No.1, RAJUK to get his final allotment letter (“চুড়ান্ত বরাদ্দপত্র”) but of no effect. Finding no other alternative the petitioner issued a notice demanding justice upon the respondent on 11-8-08 and ulti......…………Respondents
Judgment
February 9, 2011.
Result:
The Rule is made absolute.
Lawyers Involved:
Taimur Alam Khandaker, Advocate - In person.
M Wali-ul-Islam, Advocate - For Respondent No.1.
Writ Petition No. 8937 of 2010.
Judgment
Akram Hossain Chowdhury J.- O......the above observation. Let a copy of the Judgment and order be sent to the concerned authority for information and necessary action.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 517. ..
Category: Property Law | Date: | Hits: 115
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
....general rule the powers of the Court under section 151 of the Code of Civil Procedure are not to be invoked where there is specific provision in the Code which covers a particular case or there is an alternative remedy. It is the contention of the petitioners that the Civil Court has ample reserve o......dya Nath Dubey Vs. Deonandan Singh, 1968 SCD 275. Lawyers Involved: Mohsin Asgar Afshar, Advocate ‑ Petitioner No.2 in person. Md. Nurul Huq, with AKM Shahidul Huq, Advocates ‑ For the Opposite Party No.1. Civil Revision No.2288 of 1990. Judgment Bimalendu Bik...... the powers of the Court under section 151 of the Code of Civil Procedure are not to be invoked where there is specific provision in the Code which covers a particular case or there is an alternative remedy. It is the contention of the petitioners that the Civil Court has ample reserve of its inhere..Category: Procedural Law | Date: | Hits: 130
....ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 545.......
April 13, 1992.
Result:
The rule is made absolute.
Case Referred to-
Sashi Mohan Sen Vs. Ainullah, 1992 BLD (AD) 8.
Lawyers Involved:
Abdur Rab 1, Advocate- For the Petitioners.
No one appears- For the Opposite Parties.
Civil Revision No. 2159 of......ved a writ petition being WP No.769/89 before a Division Bench of this Court for enforcing the decree. After hearing the learned Advocate the Division Bench verbally observed that equally efficacious remedy lies in the Code of Civil Procedure under Order 21 rule 32. Upon such observation the learned..
Category: Property Law | Date: | Hits: 123
....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542.......l and others Vs. Islamic Bank of Bangladesh Ltd. and others, 53 DLR 9; Burmah Eastern Ltd. Vs. Burmah Eastern Employees Union and others, 18 DLR 709.
Lawyers Involved:
Abdul Quyum, Advocate—For the Petitioner.
Mosammat Suriya Begum, Advocate—For the Opposite Parties.
Civil Revision ......ation that he is so entitled, and the plaintiff need not in such suit ask for any further relief; .........”
From a plain reading of the section it is clear that a plaintiff, before claiming the remedy provided under the section, must establish that he is entitled to a legal character or has a ..
Category: Procedural Law | Date: | Hits: 146
GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)
....as further been held by the apex Court that ‘the WASA charges was not part of rent and deposit made as in the instant case was not a complete or valid deposit. In this respect the landlord may have alternative way of recovering the same’. Similar is the case in this appeal as to nonpayment of ut......cords at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493...Category: Tenancy Law | Date: | Hits: 190
....bmit report within 2 days failing which legal action would be taken against him. In consequence whereof the said Additional Chief Engineer Mr. ANM Sirajul Islam (Convener of the Team) had no other alternative but to submit a report on 4‑10‑2000.
8. The 26th meeting of the Purchase Commit......
The Rule is disposed.
Cases Referred to —
Kulchhinder Singh and others Vs. Hardayal Singh Brar and others, AIR 1976 SC 2216; Sharping Matshajibi Samabaya Samity Ltd. Vs. Bangladesh & ors, 39 DLR (AD) 85; Bangladesh Telecom (Pvt.) Ltd. Vs. Bangladesh T & T Board and another, 48...... 20.
14. In all the cited cases their Lordships held that in each and every contract entered into between the Government and a private individual writ jurisdiction cannot be invoked because the remedy lies in damages. Modern Government has multifarious activities. Some of its functions are g..
Category: Others | Date: | Hits: 207
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......d. Mozammel Hoque J Md. Hassan Ameen J Matiur Rahman (Md.)……………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Establishment, Government of the People’s Republic or Bangladesh & others………………Respondents Judgment February 12, 1998. Result:......ndents had taken a common stand as regard maintainability of the writ application. In is their case that since the absorption in a Cadre is a service condition for enforcement of the same, the proper remedy of the petitioner is the Administrative Tribunal constituted under Article 117 of the Constit..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....uty, 13 DLR (HC) 105 and Mritunjoy Paul Vs. Province of East Pakistan, 14 DLR (Dhaka) 568 in support of his submission that certiorary lies when the respondent acts without jurisdiction even though alternative statutory remedies are available. No one will dispute Mr. Hossain's contention, but th....... Deputy Commissioner of Taxes………………….Respondents Judgment July 15, 1986. Result: The Rule is discharged. Cases Referred to- S.A. Haroon & others Vs. the Collector of Customs, Karachi, 11 DLR (SC) 200, Lt. Col.; Nawabzada Muhammad Amir Khan Vs. the Controller......gainst the order of disposal of an appeal by the Assistant Appellate Commissioner a further appeal lay before the Appellate Tribunal, but the petitioner having not availed of this further statutory remedy, his application under the then Article 98 of the then Constitution was not maintainable. ..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......llwo March & Company Vs. The Court of Wards (1872) L.R.4. PC 419; Piddocke Vs. Bunt (1894) I Ch.343. Lawyers Involved: Habibur Rahman Khan with Farmanullah Khan and S.A. Latif, Advocates - For the Petitioner. Amirul Kabir Chowdhur, Advocates -For the Opposite-Parties. Criminal Revis......pect of partnership property and that the share of a partner in the assets of the firm cannot be determined until an account has been taken and all the debts have been discharged and as such the only remedy of the complainant opposite party as co-partner in the facts of the partnership itself is in ..Category: Criminal Law | Date: | Hits: 362
76467645763976067605760375987597759275877586758075717569756075587536753375327531