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Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....say about his being exÂamined by any doctor but P.W.2 stated that the vicÂtim was examined by a doctor but no medical certifiÂcate was issued. Non-examination of the victim by any doctor or in the alternative, if the victim was at all examined non submission of medical report and absence of medic......1988. Result: The Rule is made absolute. Cases Referred to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul Vs. Mr. C.M. Samsul and the State, 19 DLR (HC) 428; Mirro Vs. Emperor, AIR 1947 All 97; Emperor Vs. Sami Des, AIR 1926 Lah 375. Lawyers Involved: Akram Hossain A......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..Category: Criminal Law | Date: | Hits: 92
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....Kazi Akram Uddin had full knowledge about the cancellation process and that he even raised objection vide Annexure-G to the writ-petition and that the authorities have already decided to allot him an alternative plot; hence, there was no mala fide on the part of the Lessor and that it is also eviden......¦â€¦â€¦Respondents Order August 23, 2011. Result: Leave is granted. Cases Referred to- Shahjadi Begum and others Vs. Mirza Gias Uddin, 21 BLD (AD) 59; Chairman of Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 46 DLR (AD) 145. Lawyers Involved: T. H. K......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...Category: Property Law | Date: | Hits: 79
....olation of the principle of natural justice before the Administrative Tribunal.
The applications therefore are summarily rejected.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 231.
......h, 44 DLR (AD) 111.
Lawyers Involved:
Khondaker Mahbubuddin Ahmed with Ruhul Quddus, Mahbubey Alan, Md. Abdus Sobhan, MA Wahab Mia, Md. Aminul Huq, Dr. M Zaire with SM Emanuel Huq, Advocates - For the Petitioners (In Writ Petition Nos. 4129 to 4134 of 1997).
KS Nabi, Attorney-General, KM Sa......jurisdiction under Article 323A, strike down any law or rule on the ground of its Constitutionality. A person, who intends to invoke fundamental right for challenging the vires of a law will seek his remedy under Article 102(1), but in all other cases he will be required to seek remedy under Article..
Category: Employment/Service Law | Date: | Hits: 91
Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... of the other writ petition and was totally unmindful of the facts of the present case and did not at all consider that the appellant has made out a case that he had no opportunity of availing of the alternative remedy in section 30 of the Special Powers Act. If and when such a case is made out it w......ute Cases Referred To- Neser Ahmed Vs. Bangladesh, 49 DLR (AD) 111; State Vs. Imdad Ali Bepari, 36 DLR 333; State Vs. Hadis Gani, 45 DLR 400. Lawyers Involved: MA Wahab Miah with B Chakraborty aandd Reba Kaniz, Advocates ‑ For the Petitioner. KM Saifuddin, Deputy Attorney‑Generalâ......e it has been held that- “13. In all such types of cases therefore it will be for the High Court Division to satisfy itself in the facts and circumstances of each case whether the person seeking remedy under Article 102 of the Constitution has adequately explained his conduct in not pursuing th..Category: Criminal Law | Date: | Hits: 63
Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)
...., it appears that the procedure followed in dealing with an appeal filed by a person to the Vice‑Chancellor is not cumbersome. It is equally efficacious and the petitioner should have exhausted the alternative remedy of appeal to the Vice‑Chancellor before coming to this Court. In view of the....... Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......of the Faculty of Medicine being the Officer of the University is in a better footing than these students in order to be considered as a person under Article 52 of President’s Order 11 of 1973. The remedy provided under Article 52 is equally efficacious. It provides for enquiry by a commission con..Category: Employment/Service Law | Date: | Hits: 120
....er did not submit any reply to the notice as mentioned in annexure-'1' to the writ petition in spite of extension of time. Since the petitioner did not obtain permission, the respondents had no other alternative but to stop the outer campuses and the impugned order was served rightly. The petitioner......ra Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
University Grants Commission and another.................................Petitioners
Vs.
University of Information Technology and Science and another…….Respondents
Judgment
January 12, 2012.
R......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date.
Ed.
This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169.
..
Category: Others | Date: | Hits: 197
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ons stated above we allow this appeal without any order as to costs. The judgment of the High Court is set aside and the writ re-called. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 234....... Quamrul Huda & others……………………………..Respondents Judgment January 16, 1979. Result: The appeal is allowed. Cases Referred to- Bangladesh Small Industries Corporation Vs. Mahbub Hossain, (1977) 29 DLR (SC) 41; Punjab Ali Vs. Mohd. Mokarram Hossain, (1977) ......er and Servant, for which no action for declaration of illegality of the order of dismissal from, service in a Civil Court or in the writ jurisdiction of the High Court Division could be brought. The remedy in a proper case is one for damages for wrongful dismissal. The decision of Bangladesh Small ..Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....ourt at transferred under section 288 Cr.P.C. for the purpose of corroboration of his deposiÂtion in examination-in-chief at the trial under section 157 of the Evidence Act. The Court considered the alternative position also. The prosecution could also cross-examine the witnesses under section 145 ...... DLR (SC) 120; P.L.D. 1959 (SC), 486; A.I.R, 1952 (SC), 214; Ghotagoda Vs. State, (1963) 15 DLR 517; Alim Vs. State, (1967) 19 DLR (SC) 268; Aminuddin Vs. State, (1970) 22 DLR (SC) 1; Fakira Vs. Emperor, AIR 1937 (PC), 119; Adalot Vs. The Crown, (1956) 8 DLR (FC) 69; Md. Afzal Vs. The Crown, 1970 SC......hase from the prosecution witnesses an admission in their cross-examination." In the result, therefore, this appeal is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 227. ..Category: Criminal Law | Date: | Hits: 107
Shafiqur Rahman and others Vs. Nurul Islam ChowÂdhury and others, 1982, 11 CLC (AD)
....cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......nts Judgment December 14, 1982. Result: The appeal is dismissed. Case Referred to- Chand Agarwalla Vs. Shawi Base and another, AIR 1973 SC 799. Lawyers Involved: Aminul Huq - For the Appellants. Ahmad Sobhan, Sr. Advocate, Fazlul Karim, Advocate with him instructed by Md. ......party against whom the order has been made will feel the need of going up. In case the order of the Sessions Judge goes against the person who moves under sub-section (1) of section 439A, his further remedy is barred by the provisions of sub-section (2) of the same section. It, therefore, appears th..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....ffs did not acquire any title on the basis of the settleÂment dated 15-9-53 when the Government had no right, title and interest in the lands. 19. Having regard to the said view of the matter, an alternative argument based on the law of estoppel was advanced on behalf of the plaintiffs. Such arg......€¦â€¦â€¦â€¦Respondents Judgment March 25, 1976. Result: The appeal is allowed in part. Case Referred to- Lopez Vs. Muddan Mohan, 13 M.I.A. 567. Lawyers Involved: T. Ali, Senior Advocate, with Md. Yahya, AdvoÂcate, instructed by A Rab II, Advocate-on-ReÂcord - For the Appe......manded to the trial Court for disposal in the light of the observaÂtion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
....urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......s. Kulada Ranjan Mowali and others…………………….Respondents Judgment June 3, 1977. Result: The appeal is allowed. Cases Referred to- Felix Lopez Vs. Muddun Mohan Thakoor, 13 Moor's I. A. 467; Lauri Vs. Renad, (1892) 3 Ch. 402 at page 421. Lawyers Involved: T.H.......2. The aim and object of this amending legislation has not been spelt out in the Presidential Order nor there is any reference in the Order to any possible mischief which this legislation intended to remedy. It has been stated in a very brief preamble, as is usual in modern legislations, that "it is..Category: Property Law | Date: | Hits: 133
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
.... be entertained. In support of his contention, the learned advocate has also cited the case of Nazrul Islam Vs. State reported in 13 MLR (AD) 185, where their Lordships have taken the view that where alternative remedy is available before any other forum, the criminal proceedings are not at all liab......ate, 1995 BLD (AD) 115 = 48 DLR (AD) 87; State Vs. Lailun Nahar Ekram, 15 BLT (AD) 185 = 62 DLR (AD) 283; Nazrul lslam Vs. State, 13 MLR (AD) 185. Lawyers Involved: AM Mahbub Uddin, Advocate - For the Petitioner. W Aziz Khan, Advocate - For the Opposite Party No.2. Criminal Miscellaneous......ned. In support of his contention, the learned advocate has also cited the case of Nazrul Islam Vs. State reported in 13 MLR (AD) 185, where their Lordships have taken the view that where alternative remedy is available before any other forum, the criminal proceedings are not at all liable to be qua..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....e defendant No.2 started leading her life according to her sweet will and used to go out from her husband's house frequently to visit her father's house and relations' house. At last finding no other alternative, the plaintiff sent a divorce notice to the defendant No.2 on 4-10-2001 through local Po......ng Mills, 1997 BLD (AD) 47; Hussain Ahmed Chowdhury Vs. Md. Nurul Amin, 47 DLR (AD) 162; Habibullah Vs. Sher Ali Khan, 57 DLR (AD) 55; 6 DLR (AD) 97. Lawyers Involved: Md. Oziullah, Advocate - For the Petitioner. Abdul Kalam Chowdhury, Advocate - For Opposite Party No.1. Civil Revision C......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ..Category: Family Law | Date: | Hits: 167
....the documentary evidence, the deed of transfer by which the property was transferred by the Government to the Welfare Trust and the decree being a contested decree the writ petitioner had efficacious alternative remedy under section 7 of the Artha Rin Adalat Ain, 1990 by way of appeal and since ther......lat & another...............Respondents
Judgment
May 22, 2004.
Result:
The Rule is made absolute.
Cases Referred to-
Bangladesh represented by the Secretary, Ministry of Public Works and Urban Development Vs. Md Suruzzamal and others, 48 DLR (AD) 1; Gannysons Ltd Vs. Sonali Ban......ary evidence, the deed of transfer by which the property was transferred by the Government to the Welfare Trust and the decree being a contested decree the writ petitioner had efficacious alternative remedy under section 7 of the Artha Rin Adalat Ain, 1990 by way of appeal and since there was altern..
Category: Property Law | Date: | Hits: 173
National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)
....€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......urance ………………………… Respondent Judgment April 24, 2002. Result: The Rule is made absolute. Lawyers Involved: M Zahir with Shah Muhammad Ezaz Rahman, Advocates ‑ For the Petitioner. Writ Petition No. 985 of 1999. Judgment Md. Marzi ul Huq J. - This Rule ......should have been constituted and the petitioner is thus supposed to pay daily fine of Taka 1000 since 1988‑89. The petitioner also served a notice of demand of justice, and having no other adequate remedy and being aggrieved by the illegal demand of the respondent, the petitioner has invoked the w..Category: Business or Commercial Law | Date: | Hits: 271
Govt. of Bangladesh & another Vs. M/S Mashriqul Textiles and others, 1982, 11 CLC (AD)
.... parties agreed upon his appointment in the agreement. In the result, the appeal is dismissed without, however, any order to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 123. ......lants Vs. M/S Mashriqul Textiles and others.............. Respondents Judgment December 8, 1982. Result: The appeal is dismissed. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, instructed by B Hossain, Advocate on Record - for the Appellants. H.R. Sharif, adv......e subject-matter of the arbitration agreement this should be referred to the arbitrator in terms of the arbitration clause 7 of Contract. The plaintiff-respondent is also seeking practically the same remedy by instituting the suit under section 20, that is to say, for a direction that the arbitratio..Category: Alternative Dispute Resolution | Date: | Hits: 238
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
.... where the three accused persons are seen at the place of occurrence, where the victim was shot and left on the roadside. 42. A general principle of sentencing is that, where the law provides for alternative or various quantum of sentence, the actual sentence awarded will depend on the culpabili......ate of Madhya Pradesh; Dule Singh and another Vs. State of Madhya Pradesh, AIR 1998 (S.C.) 2756; Muhammad Shafi Vs. The Crown, 6 DLR (West Pakistan) 104; Ibrahim and another Vs. The State, 11 PLD (Lahore) 715; State Vs. Lieutenant Colonel Syed Farook Rahman and 14 others, 53 DLR 287; Union of India ......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
....ost of the employees of the High Court Division and according to the two Rules, the aforesaid posts are not equivalent or comparable. The writ petition was premature as the petitioner did not exhaust alternative remedies available under the existing rules and procedures through his Administrative Au......tary, Ministry of Finance, Implementation Division and others Vs. Md. Shamsul Huq, 59 DLR (AD) 54; Mujibur Rahman Vs. Government of Bangladesh and others, 44 DLR (AD) 111; Serajul Islam Vs. the Director General of Food 42 DLR (AD) 1999, Bangladesh Vs. Shafiuddin Ahmed 50 DLR (AD) 27. Lawyers Inv......ugned judgment and order needs to be interfered with by this Court. Mr. Rahman has lastly contended that the petitioner being a person in the service of the Republic had other alternative efficacious remedy by way of filing an application before the Administrative Tribunal, so the writ petition was ..Category: Employment/Service Law | Date: | Hits: 127
Azmal Khan Vs. Md. Afzal Khan and others, 2011, 40 CLC (AD)
....ourts are more generous in allowing the amendments of the written statement as question of prejudice is less likely to operate in that event. He further submits that the defendant has a right to take alternative defence which, however, is subject to the exception that by the proposed amendÂment oth......Pillai, AIR 2000 SC 614; Modi Spinning and Weaving Mills Co. Ltd Vs. Ladha Ram and Co, AIR 1977 SC 680 and Smt; Ganga Bai Vs. Vijay Kumar, Air 1974 SC 1126. Lawyers Involved: Kamal-ul-Alam, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record-For the Appellant. Mahbub Ali, Advoc......ame. We find no substance in the contention of Mr. Kamal-ul-Alam. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 17. ..Category: Civil Law | Date: | Hits: 86
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....ctroi posts and appointing the aforesaid officials. The Rules were, in July, 1976, amended by the Government by Notification No. S-VI/3R-2/76/17 dated 6.7.76 by incorporating a new Chapter "Chapter X alternative proviÂsion for collection of Octroi." 4. This amendment authorised the Municipal Com......gladesh & others……………………Respondents Judgment August 21, 1978. Result: The appeal is disÂmissed. Cases Referred to- Burmah Oil Company Limited Vs. The Trustees for the Port of Chittagong (1962) 14 DLR (SC) 106; PLD 1961 S.C. 452; Matthews Vs. Chicory Markeling ......uraged. In the above premises the appeal is disÂmissed but in the facts and circumstances of the case, we make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 171...Category: Fiscal/Taxation Law | Date: | Hits: 112
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