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Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....ction of the Court, the Arbitrator or Umpire shall cause the award or a signed copy of it to be filed in Court and the Court shall thereupon give notice to the parties of the filing of the award. Two alternative pre-conditions are there, namely, at the request of any party to an arbitration agreemen...............Opposite Party Judgment May 25, 1989. Result: The Rule is discharged with costs. Cases Referred to- Muhammad Shafi and others Vs. Muhammad Sabir and others, PLD 1960 (Lahore) 591; AIR 1944 (Lahore) 398; AIR 1955 Punjab 145; AIR 1945 Bombay 417; Jai Kishen Vs. Ram Lal Gu......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ..Category: Procedural Law | Date: | Hits: 93
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
.... all the vices associated with Zamindari, specially the alleged outrageous sensuality of Hason Raza, his patronisation of the Baizees, so much so that his widowed mother Hurmat Jahan finding no other alternative had to appear at the ‘Jalsha’ in the guise of a Baizee to restrain and bring back he......(Special Original Jurisdiction) Present: MA Aziz J Nozrul Islam Chowdhury J Sadia Chowdhury Parag…………………………………………...Petitioner Vs. Chairman, Film Censor Board & others.................Respondents Judgment January 27, 2003. Result: The......sub-section (1) in respect of any film, the Court passing the sentence may further direct that the film shall be forfeited to the Government. 15. Mrs. Huda emphatically argues that the alternative remedy not haying been taken resort to, this writ petition is not maintainable. She further submits ..Category: Civil Law | Date: | Hits: 210
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....ous and if any offence in disclosed and the same can be decided by the trial Court in course of trial on examining the witnesses. But in this case no charge had yet been framed. The petitioner had an alternative remedy to agitate her grievance at the time of framing charge under section 241A of the ..........................(12) Cases Referred to- 30 DLR (SC) 58; Abdul Kader Chowdhury Vs. The State, 28 DLR (AD) 38; 1999 BLD (AD) 20; 51 DLR (AD) 159 Lawyers Involved: Rokanuddin Mahmud, Senior Advocate with Mohammad Mutahar Hossain, Advocate - For the Accused-Petitioner. Md. Motahar Hos......ny offence in disclosed and the same can be decided by the trial Court in course of trial on examining the witnesses. But in this case no charge had yet been framed. The petitioner had an alternative remedy to agitate her grievance at the time of framing charge under section 241A of the Code of Crim..Category: Criminal Law | Date: | Hits: 137
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....deed if another Taka 20,000 were not paid to defendant No.1; that the plaintiff sent a legal notice to defendant No.1 through their lawyer on 16-3-1993 but no response was made; that finding no other alternative the plaintiffs filed criminal case No.68 of 1993 under section 406 and 420 of Penal Code......seph Varghese Vs. Joseph Aley, (1969) 2 SCWR 347; Santosh Kumar Chakrabarty Vs. MA Motaleb Hossain, 36 DLR (AD) 248; 5 MLR (AD) 171 = 5 BLC (AD) 97. Lawyers Involved: Nahid Mahatab, Advocate - For the Petitioner. No one appears - For the Opposite Party. Civil Revision No. 4555 of 1998. ......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..Category: Property Law | Date: | Hits: 90
.... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......
Result:
The Rule is made absolute.
Cases Referred to-
Serajuddin Howlader Vs. Pubali Bank Limited, 4 BLT 80; Sonali Bank Vs. Ali Tannery Ltd. and others, 48 DLR 57; (Messers MAC) Proprietor Mahtabuddin Choudhury and another Vs. Agrani Bank), 14 BLD 195 (HCD); Sultan Alam Vs. Rupali Bank...... and the remedies will follow as provided in the Ain itself and it has been indicated by our Appellate Division that if there is any exclusion indicated in the Ain, as in section 6, it will include a remedy under the general law. So, on going through this decision of the Appellate Division, we hold ..
Category: Civil Law | Date: | Hits: 135
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......) 1 QB 14; Barcelona Traction Case; Namibia case (1971); Western Sahara (1975) case; M Saleemullah Vs. Government of Bangladesh, 47 DLR 218. Lawyers Involved: Dr. Kazi Akhter Hamid, Advocate - For the Petitioner. Writ Petition No. 405 of 1998. Judgment AM Mahmudur Rahman J.- The Saifu......cient ground to hold that he has a sufficient interest in the field. Where a writ petitioner fails to bring anything on record to satisfy the Court that he consistently has been endeavoring to obtain remedy for a section or group of people in the event of violation or threatened violation of their a..Category: Constitutional Law | Date: | Hits: 421
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....her tried her best to get the vokalatnama from him from the jail, but she was unsuccessful. Since the petitioner being mother could not obtain the vokalatnama from her son (in jail), she had no other alternative but to file the present Writ Petition on behalf of her son challenging the validity of t......ief Commissioner of Monipur, AIR 1969 (Moni) 84; State of Bombay Vs. Homan Shantolal, AIR 1952 (Bom) 16; Madhavan Pillai Vs. State of Kerala, AIR 1966 (Kera) 212; Chowdhury Mainuddin Vs. Deputy Director, Military Und and Cantonment, AIR 1956 (All.) 684; P. Jinardhana Shetty Vs. Union of India, AIR 1......ed before this Court, but the same were summarily rejected holding that the petitioners in those two writ petitions had no locus standi to file the writ petitions and that they might seek alternative remedy under the Criminal Procedure Code. So, the two writ petitions were not maintainable. He furth..Category: Criminal Law | Date: | Hits: 202
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....ion papers being of substantial nature, come within the disqualification clause as provided in sub‑rules (a)(b)(c) and (d) of Rule 15(3) of the Rules 1983 and so the respondent No.5 had no other alternative but to reject those nomination papers. 6. Mr. Mahabubur Rahman, the learned Advocate ...... hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420....... 27‑11‑2002, the relevant portion of which is quoted specifically provides that even for variation of their nature, the returning officer, instead of rejecting the nomination will take steps of remedying such defects which in the present case could easily be done by comparing with the Electo..Category: Election Law | Date: | Hits: 211
....the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......Ispahani Limited Vs. Sonali Bank and others, 1984 BLD (AD) 242=37 DLR (AD) 1; Bank of Bihar Limited Vs. Damodar Prased and another, AIR 1969 SC 297.
Lawyers Involved:
AQM Safiullah, Advocate—For the Petitioner.
Syed Ishtiaq Ahmed, Counsel—For Opposite Party No.1.
Civil Revision No.26......s, espouses the Rule and contends, inter alia, that in terms of the contract the plaintiff was at liberty to sue the guarantor bank alone for realisation of its outstanding dues, even without seeking remedy against the defaulting dealers and, as such, the presence of the dealers was not at all neces..
Category: Civil Law | Date: | Hits: 101
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......Court Division (Civil Appellate Jurisdiction) Present: Mohammad Fazlul Karim J Abdul Goni Kha.........................................Petitioner Vs. Md. Abdul Aziz Azizur Rahman and ors.................Opposite Parties Judgment August 27, 1996 Result: The Rule is made a......e. on 3‑8‑72. It was a transaction past and closed." 13. Apart from the provision of section 95A of the State Acquisition and Tenancy Act and the remedies under section 95 of the said Act, the remedy of civil Court is always available to the mortgagor in case of a mortgage, the limitation of ..Category: Property Law | Date: | Hits: 114
Abdul Kabir Vs. State, 1998, 27 CLC (HCD)
....sh the proceedings of that case. In the result, the Rule is discharged. Communicate the order to the Magistrate concerned at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 306. ......4 BLT (AD) 58; Mostafizur Rahman Vs. Bangladesh, 49 DLR 599; Santosh Bhusan Das Vs. State, 4 BLT (AD) 58. Lawyers Involved: Not Represented- the Petitioner. Munsurul Hoque Chowdhury Deputy Attorney-General with Mushfiqur Rahman, Assistant Attorney-General - For the State. Criminal Revisio...... 14. It is well settled rule of interpretation to enquire what was the law before the enactment of the new provision or the law in the same field and what mischief the old provision of law could not remedy and new provision or law sought to remedy. From the discussions made above we have found that..Category: Criminal Law | Date: | Hits: 109
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....own the nature and scope of section 561A of the Code. Hamoodur Rahman, J (as his Lordship then was) speaking for the Court observed thus: "The inherent jurisdiction given by section 561A is not an alternative jurisdiction or an additional jurisdiction but it is a jurisdiction preserved in the int...... AIR 1977 SC 1754 = (1977) 2 SCR 357; Abdul Kader Chowdhury and others Vs. State, 28 DLR AD 38; Sher Ali (Md.) and others Vs. State, 46 DLR AD 67. Lawyers Involved: Md. Serajul Huq, Advocate - For the Petitioner. Not Represented - the Opposite Parties. Criminal Miscellaneous Case No.137 ......buse of the process of the Court and to do the real and substantial 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 a..Category: Criminal Law | Date: | Hits: 112
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
..... The defendant Nos.1-7 appeared in that suit and filed an application under Order 7, rule 11 read with Order XIV, rule 20 of the Code of Civil Procedure praying for rejection of the plaint or in the alternative for hearing of the law points first. The learned Subordinate Judge, by the order dated 2......ent October 12, 2011. Result: The appeal is dismissed. Cases Referred to- Sreemati Pushapa Rani Das Vs. AKM Habibur Rahman, 13 BLD (AD) 217. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-Record—For Appellants. TH Khan, Senior......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...Category: Procedural Law | Date: | Hits: 108
Major (Retd.) M Khairuzzaman Vs. State, 1997, 26 CLC (HCD)
....ate is, in fact, avoiding to pass an order on flimsy grounds and as such the question of approval by the District Magistrate does not arise in such peculiar circumstances. The petitioner had no other alternative but to invoke the inherent jurisdiction under section 561A of the Code of Criminal Proce...... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283.......tioner in the Dhaka Central Jail as under-trial prisoner in connection with Lalbagh PS Case No.11(11)75 till the disposal of that case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 283...Category: Criminal Law | Date: | Hits: 105
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
....XXXVII of the CPC. But in view of section 15 of the CPC he cannot compel the Court of the higher jurisdiction to dispose of his suits. The higher Court may entertain the suit and try it or may in the alternative refuse to entertain it directing the plaintiff to present the plaint before the Court of......isposed of with a direction to return the plaints. Cases Referred to- Muhammad Abdulah Sufi Vs. Muhammad Box & Sons, PLD 1957 (WP) Karachi 445; JK Sarma Vs. KS Ramchandra Setty, AIR 1965 Mysore 248. Summary Suit No.13 of 1997. Judgment Abdul Karim J.- All these applications under ...... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263...Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... Vs. Commissioner, Customs, Excise and VAT, Sylhet and others………………….Respondents Judgment June 6, 2010. Result: The Rule is discharged and the petition dated 18-5-2010 for direction is rejected. Cases Referred to- Khalilur Rahman Vs. Bangladesh, 2000 BLD (AD) 152......r in this writ petition clearly shows that the proceeding of the Special Tribunal Case has been challenged. The proceeding of a criminal case can hardly be challenged in writ jurisdiction. The proper remedy challenging the proceeding of a criminal case lies in the quashment proceeding under section ..Category: Fiscal/Taxation Law | Date: | Hits: 177
Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....ary to prevailing law and established principles laid down in the said decision of our Appellate Division had wrongly continued with the proceeding. 27. For the foregoing reasons, we have no other alternative but to quash the proceedings. The accused petitioner is, therefore, entitled to get the ......(AD) 218; Ali Akkas Vs. Enayet Hossain, 1997 BLD (AD) 44 = 2 BLC (AD) 16. Lawyers Involved: Shah Md. Munir Sharif with AKM Nurul Alam, Md. Imran Jahangir and Abdul Momin Chowdhury, Advocates - For the Petitioner. Shahidul Islam, Deputy Attorney-General - For the State. Mojibur Rahman Mia......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ..Category: Civil Law | Date: | Hits: 150
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......n (Original Civil Jurisdiction) Present: Mozammel Hoque J Rehana Ahmed and others................Petitioners Vs. Nahar Shipping Lines Limited, Red Cross, Chamber Building (4th floor) 87, Motijheel Commercial Area, Dhaka and others ..............Respondent Judgment July 17,......d equitable ground. In this context, I am tempted to quote the observations of Gower in his book on "The Principles of Modern Company Law" 2nd Edition (1908), page 596. "Winding up is the ultimate remedy of the investor or creditor. If the winding up is by the Court all interests can be sure of e..Category: Company Law | Date: | Hits: 233
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....led to challenge the supersession on the ground that this is violative of Article 29 of the Constitution. 11. He has then submitted that even if it is conceded that there is an equally efficacious alternative remedy before the Administrative Tribunal it will not come in the petitioner’s way to ......n (Special Original Jurisdiction) Present: K M Hasan J Md. Tafazzul Islam J Sazedur Rahman (Md.)……………………Petitioner Vs. Secretary, Ministry of Establishment, Superior Appointment Division, 4, Bangladesh Secretariat, Dhaka and others……………………Responde......enge the supersession on the ground that this is violative of Article 29 of the Constitution. 11. He has then submitted that even if it is conceded that there is an equally efficacious alternative remedy before the Administrative Tribunal it will not come in the petitioner’s way to approach thi..Category: Administrative Law | Date: | Hits: 326
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
.... because by so doing it would involve itself into a field of investigation which is more appropriate for a tribunal rather than for a Court exercising the prerogative power. The fact, therefore, that alternative remedy is provided by law would not only upon the above principles but upon general prin......LR (SC) 516; AFM Shah Alam and others Vs. Mujibul Huq and others, 41 DLR (AD) 68; Rafiqul Alam (Md.) Vs. Mustafa Kamal and others, 42 DLR (AD) 137. Lawyers Involved: Probir Halder, Advocate - For the Petitioner. Md. Jainul Abedin, Advocate - For Respondent No.6. Writ Petition No. 4140 o....... (2) Any candidate may make an election petition challenging the election at which he was a candidate. (3)……………………." It is true that if other adequate or equally efficacious remedy is provided by law, it must be exhausted before one can obtain any relief under Article 102 o..Category: Election Law | Date: | Hits: 154
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