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Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)
....e made absolute. In view of the fact that both the pre-emptor and pre-emptees are co-share by purchase hence petition under Order VII Rule 11(d) of the Code of Civil Procedure in maintainable. In the alternative he has made a further prayer that if it is decided otherwise the learned Assistant Judge......s below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ......ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ..Category: Procedural Law | Date: | Hits: 88
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....acious. And the petitioner giving go‑by to such remedy is not entitled to resort to Article 102 of the Constitution. As the appeal lies to the Appellate Tribunal we hold that the petitioner has got alternative and efficacious remedy provided by the Act itself and we are not inclined to exercise ou......Government of Bangladesh and others……………………Respondents Judgment June 24, 1998. Result: The petition is rejected. Lawyers Involved: Nitai Roy Chowdhury, Advocate ‑ For the Petitioner. Not represented-the Respondents. Writ Petition No. 1456 of 1998. Judgmen......er sub‑section (2) of section 193C appeal lies from any decision of the Review Committee to Appellate Tribunal. A careful reading of sub‑section (3) of section 193C also leads us to hold that the remedy before the Appellate Tribunal is quite adequate and efficacious. And the petitioner giving go..Category: Fiscal/Taxation Law | Date: | Hits: 138
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... and for all. It is stated that when respondent No. 5 and his party realised that under no circumstances the BNP Government is going to table this bill for caretaker Government then they had no other alternative but to ask the Government to table a bill of their own to solve this political crisis an......oasett, 12 QBD 273; Fazlul Kader Chowdhury Vs. Abdul Huq, PLD 1963 (SC) 486. Lawyers Involved: Asrarul Hossain with Mohammad Ali, Abu Bakar Siddique and Md. Humayun Kabir Bulbul, Advocates ‑ For the Petitioner. KS Nabi with SS Halder, Zakir Ahmed and Ahmed Ali, Advocates ‑ For the Respo......nt to destroy the principle of separation of the powers of Executive, Legislative and Judiciary and thereby destroy the very basis of written Constitution of Bangladesh". It is further stated that remedy being available before the Parliament the petition is not maintainable. It also challenged th..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
....basis for inclusion of the members in Selection Board. 5. Mr. Shafique Ahmed, on the other hand, argued first that the petitioner is not an aggrieved person and if it be held that he is so, he has alternative remedy under Article 52 of the Dhaka University Order, 1973. Mr. Shafique Ahmed placing ...... Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Muzammel Hossain J Prof. Nurul Amin Bepari………………………Petitioner Vs. Vice-Chancellor & others……………………Respondents Judgment June 17, 1998. Result: The R......clusion of the members in Selection Board. 5. Mr. Shafique Ahmed, on the other hand, argued first that the petitioner is not an aggrieved person and if it be held that he is so, he has alternative remedy under Article 52 of the Dhaka University Order, 1973. Mr. Shafique Ahmed placing reliance upo..Category: Employment/Service Law | Date: | Hits: 228
Government of BanglaÂdesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......¦â€¦â€¦â€¦â€¦â€¦â€¦.....Respondents (In Civil Appeal No. 44 of 2010) Judgment February 2, 2011. Result: The appeals are dismissed. Cases Referred to- Schmidt Vs. Secretary of State for Home Affairs (1969) 2 Ch 149; O'Reilly Vs. Mackman (1983)2 AC 237; Attorney-General of Hong Kong ...... Rules, of one third of his sentence if by that time no disciplinary award of forfeiture of remission had been made against him. So the second thing to be noted is that none of the appellants had any remedy in private law. In public law, as distinguished from private law, however, such legitimate..Category: Employment/Service Law | Date: | Hits: 208
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... planting of banana plants and releasing fries into that Dighi whereupon there was altercations between the parties and there was no circumstance to show that accused Dr. Md. Nurul Islam had no other alternative but to shot at him on his chest from a distance of 15/20 cubits. More so, Dr. Md. Nurul ...... November 23 & 28, 2011. Result: The Death Reference is rejected. The Jail Appeal is dismissed. Criminal Appeal is dismissed. Lawyers Involved: Md. Jahangir Alam , Deputy Attorney General, Md. Ensanuddin Sheikh and Md. Nurul Islam Matubbor, Assistant Attorneys General - For...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....s a case of gruesome murder, no doubt, but in absence of sufficient reliable evidence and the quality of the evidence adduced by the prosecution, as above, being so feeble and scanty we find no other alternative but to reject the Death Reference and allow the Appeals as well as the Jail Appeals and ...... 2005, 4103 of 2005, 4497 of 2005, 4321 of 2005, 1139 of 2008 and 4490 of 2011 are allowed. The Criminal Appeal no. 4093 of 2005 was dismissed. Lawyers Involved: Md. Jahangir Alam, Deputy Attorney General, Md. Ensanuddin Sheikh and Md. Nurul Islam Matubbor, Assistant Attorneys General - For......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 93
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... a mistake. In such circumstances exercise of power under section 151 of the Code of Civil Procedure is not only permissible but also imperative for preventing an injustice and the availability of an alternative remedy under other provisions of the Code does not always stand in the way of exercise o......tilal Dhupi and others.......................Opposite Parties Judgment March 25, 1998. Result: The Rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and ors, 42 DLR 19. Lawyers Involved: Golam Mostafa, Advocate - For the Petitioner. Abdul Quayu......In such circumstances exercise of power under section 151 of the Code of Civil Procedure is not only permissible but also imperative for preventing an injustice and the availability of an alternative remedy under other provisions of the Code does not always stand in the way of exercise of the inhere..Category: Procedural Law | Date: | Hits: 87
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....er submitted that if the petitioner surrenders before the Magistrate he may be remanded to police custody under the influence of his adversary party to torture and humiliate him. So petitioner had no alternative but to surrender before this Court and this Court having granted ad-interim anticipatory...... Cases Referred to- Atikullah Khan Masud Vs. State, 15 BLD (AD) 14; Golam Haider Vs. Karim Box, 15 DLR (SC) 2; Mohammad Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Md. Forid Ahmed with Iqbal Hye Chowdhury, Advocates - For the Petitioner. K S Hossain, Advocate - For ......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..Category: Criminal Law | Date: | Hits: 93
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......ddin Patwary, 33 DLR (AD) 305; Ahdul Rouf Vs. Amuda Khatun, 33 DLR (AD) 323; Balai Chandra Mondal Vs. Nibaran Chandra Das, 51 CWN 644.
Lawyers Involved:
Hamidul Huq Chowdhury, Mozammel Huq, Senior Advocates, A Y Masihuzzaman, Advocate with him, instructed by Md. Aftab Hossain, Advocate-on-Reco......er is made as in the case of plaintiff Nibaran. The suit was decreed and the order of pre-emption was declared void.
23. In the instant case, it has been argued, the aggrieved co-sharer got proper remedy against the Revenue Officer's order by appeal. But his case is that the whole matter was mani..
Category: Property Law | Date: | Hits: 128
.... guaranteed under Article 42(1) of the Constitution can be enforced by a Writ Petition. He next contends that in spite of the fact that they did not avail of the opportunity of seeking redress in the alternative forum, the Settlement Court, the writ petition under Article 102 of the Constitution is ......ition No.79 of 1997 is discharged.
The Rule in Writ Petition No.1472 of 1996 is made absolute.
Cases Referred to-
Government of Bangladesh Vs. Dr. Nurul Islam, 33 DLR (AD) 201; Jibendra Kishore Acharyya Chowdhury and 58 others Vs. Province of East Pakistan and Secretary, Finance and Revenu......in 49 DLR 108 paragraph 13 wherein it has been held:
“Ordinarily the High Court Division under Article 102 of the Constitution will not interfere where there is equally effective and efficacious remedy available to a petitioner. Yet the existence of another remedy is not in every case a bar to ..
Category: Property Law | Date: | Hits: 150
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... Vs. Maya Debi & others……………………Respondents Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyers Involved: M.H. Khond......its were not cognizabls by a Court of Small Causes'. Thus the proÂcedure is also altered and the procedure laid down in the Small Causes Courts Act are no longer applicable. This independent and new remedy provided for by section 28-A has not been made revisable under section 25 of the Small Cause ..Category: Property Law | Date: | Hits: 113
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....ly affect the merit of the suit so far as the claim of the plaintiff for the realisation of the dues is concerned and the said order having been passed without any lawful authority and there being no alternative remedy the writ jurisdiction is the only forum available to the petitioner. While examin...... Vs. the People's Republic of Bangladesh, 42 DLR (AD) 86; Assessing Officer Vs. Burmah Eastern Limited, BCR 1982 (AD) 438. Lawyers Involved: Mainul Hosein with Md. Joynul Abedin, Advocates ‑ For the Petitioner. Rokanuddin Mahmud with Murad‑e‑Reza, Advocates ‑ For the Respondent Nos.......e merit of the suit so far as the claim of the plaintiff for the realisation of the dues is concerned and the said order having been passed without any lawful authority and there being no alternative remedy the writ jurisdiction is the only forum available to the petitioner. While examining the poin..Category: Civil Law | Date: | Hits: 116
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ign to the minutest detail. It will be enough if they appear to be two species of the same design. 19. The three grounds mentioned in section 51A for the cancellation or revocation of a design are alternative or disjunctive and not conjunctive. Mr. Alam's contention is that the respondents design......tion is allowed. Cases Referred to- Simmons Vs. Mathieson and Co. Ltd., (1911) 28 RPC 486; Phillips Vs. Harbra Rubber Company, (1920) 37 RPC 233; Infield Ltd Vs. Rosen, (1939) 36 RPC 163; Stratford Auto Components Vs. Britax London Ltd., 1964 RPC 183; Western Engineering Co. Vs. Paul Engineeri......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...Category: Intellectual Property Law | Date: | Hits: 192
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....the error of proÂcedure, two courses were open to him; either to decide the issues himself, or to send the case back on remand for redetermination of the issues. The learned Single Judge chose first alternative, and he did so rightly, in accordÂance with provision of Section 103 of the Code. We li...................Respondent Judgment January 26, 1977 Result: The appeal is dismissed. Lawyers Involved: Khandakher Mahbubuddin Ahmed, Advocate instructed by Abu Backkar, Advocate-on-Record-For the Appellant, Abdul Aziz, Advocate-on-Record-For the Respondent No.1. Ex-parte—Resp......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing resÂpondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..Category: Property Law | Date: | Hits: 73
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......al Jurisdiction Present: AHM Shamsuddin Choudhury J Sheikh Md. Zakir Hossain J A.F. Shahab Uddin Ahmed......... Petitioner. Vs. National Shooting Federation, Bangladesh, South East Corner of Gulshan Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment De...... compensate victims of violent crimes, was held to be reviewable in R Vs. Criminal Injuries Compensation Board, ex parte Lavin (1967 2QB 864). Lord Parker C.J. said, “the exact limit of the ancient remedy by way of Certiorari have never been and ought not to be specifically defined and should be e..Category: Property Law | Date: | Hits: 159
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediÂately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......-Respondents-Opposite Parties Judgment August 23, 2009. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. Muhammad Hossain Mia, 16 DLR (SC) 667; Khorshed Alam alias Shah Alam Vs. Amir Sultan Ali Haider, 38 DLR (AD) 133; Md. Shah Alam Vs. Farida Be......pecifically claim title by adverse possession vide the decision reported in 7 DLR 94." 20. The learned Advocate finally submitted that the plaintiff may be given an opportunity to seek appropriate remedy against the Khatian appearÂing in the name of Kartik and the orders passed in preemption cas..Category: Property Law | Date: | Hits: 123
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....n to the Parliament provided a consensus is again reached in this regard by the people's representatives. He in this context, suggested that the nation might even think of a National Government as an alternative beneficial system to non‑party caretaker government Mr. Islam however, submitted that ......(SC) 139; Kesavananda Bharati Vs. State of Kerala (1973), 4 SCC 225; PV Narasimha Rao Vs. State, (1998) 4 SCC 626; Golaknath Vs. State of Punjab, (1967) 2 SCR 762 (918); Supreme Court Advocates-on-Record Association Vs. Union of India, 4 SCC (1993) 441. Lawyers Involved: MI Farooqui, Senior Ad......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....roperty without intervention of the court was there under section 69 of the Transfer of Property Act, 1882, but since the provision of section 12 will prevail upon any other law the Bank has no other alternative but to invoke section 12 of the Ain and accordingly, the bank issued the impugned sale n.............................Respondents Judgment January 12, 2005. Result: The Rule is discharged. Lawyers Involved: Md. Abdul Jabbar with Nur Jahan Begum, Md. Aminul Haque, Advocates—For the Petitioner. Md. Mamunur Rashid, Advocate—For Respondent No. 4. Writ Petition No. 1709......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..Category: Civil Law | Date: | Hits: 129
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....ess of disposing the Rule of. The First one centres round the question of maintainability of this writ petition: is writ jurisdiction available in an essentially criminal matter: is it available when alternative statutory remedy is available? The second question is whether the Chair of the Commissio......n cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......pport of this submission, Fazlul Haque and Mr. Huq said that Article 102 of the Constitution mandates that a writ petition will be entertained only if the Court is satisfied that no other efficacious remedy is provided by the law, but here equally efficacious remedies are available to the petitioner..Category: Criminal Law | Date: | Hits: 133
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