Search Options
Judgment Advanced Search
Displaying 741-760 of 1543 results.
....t Division 49 persons filed the above writ petition seeking a direction upon the writ respondents who are petitioners herein to issue permanent appointment letters in their respective posts or in the alternative, they sought for transferring their services in the revenue set up. They claimed that th......……………………Respondents (In Civil Petition No. 2169 of 2011)
Judgment
February 20, 2012.
Result:
The leave petitions are disposed of.
Lawyers Involved:
Mahbubey Alam, Attorney General (with Ekramul Haque, Deputy Attorney General and Shaikat Basu, Assistant Attorney Gene......
The leave petitions are disposed of with the above observations and modifications of the earlier as well as the impugned judgments.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 91.
..
Category: Employment/Service Law | Date: | Hits: 147
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......Nasrin Banu, 47 DLR (AD) 155; 2001 BLD (AD) 36; Bangladesh Vs. Habib Jamil, 2001 BLD (AD) 63; 7 BLT (AD) 31; 46 DLR (AD) 191; Zahurul Islam Vs. National Bank Ltd; 2002 BLD 320, Bangladesh Jute Mills Corporation Vs. Maico Jute and Bag Corporation, 53 DLR (AD) 112; Government of Bangladesh Vs. Member,....... 1 respondent No. 2. It was submitted that the writ petition as framed is not maintainable as the impugned order was appealable under section 96 of the Act. 7. Secondly, it was submitted that the remedy by way of a statutory appeal was efficacious enough to disentitle the petitioner to invoke th..Category: Others | Date: | Hits: 185
....ents replied to the legal notice and stated that there was no specific direction from the Court to pay the arrear salary to the petitioners. Under such circumstances, the petitioners finding no other alternative preferred the present application under Article 108 of the Constitution to punish the re......riginal Jurisdiction)
Present:
Syed Mahmud Hossain J
Quamrul Islam Siddiqui J
SAH Monowar Ali and others………………………Petitioners
Vs.
Chairman, Bangladesh Jute Mills Corporation and others……………………Contemner-respondent's
Judgment
April 23, 2009.
......ration will pay the arrear salary to the employees immediately.
In the result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 62 DLR (HCD) (2010) 1.
..
Category: Criminal Law | Date: | Hits: 83
Shamir Ghosh Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....s. Accordingly, the trial Court is directed to dispose of the suit preferably within 3(three) months from the date of receipt of the order, Ed. This Case is also Reported in: 56 DLR (2004) 560. ........Opposite Parties Judgment February 17, 2004. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Shahnaz Babli and Bulbul Rabeya Banu, Advocates ‑ For the Petitioner. Md. Golam Mostafa, Assistant Attorney General - For the Opposite Parties. C......uch, he could not pay the rent and until the ownership is determined by the competent Court of law, the payment of rent is difficult. For default of payment of rent to some individual co-owner, the remedy lies under Rent Control Premises Ordinance or for eviction of tenant or for determination of ..Category: Property Law | Date: | Hits: 62
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......e Parties Judgment February 12, 1996. Result: The Rule is discharged. Cases Referred To- AIR 1923 (All) 30; (1899) 21 All 274. Lawyers Involved: Abdul Kuddus Miah, Advocate - For the Petitioner. Abdul Wahab Miah with M Enayetur Rahim, Advocates - For the Opposite Parties. ...... course of his argument Mr. Abdul Kuddus Miah has submitted that since the preliminary decree in question is a nullity so far it relates to the defendant No.18, the opposite party Nos. 1-9 have their remedy and they can get the relief by instituting an independent suit for declaration that the decre..Category: Procedural Law | Date: | Hits: 67
Khondaker Fazlul Haque and another Vs. State, 2003, 32 CLC (HCD)
....decision which was taken in the said meeting to start construction for multi‑storied commercial/ residential building and the petitioners with ill motive and in collusion with each other have taken alternative decision to sell out the said property through a meeting held on 9‑2‑2000. Therefore......………………………………………………………...Opposite Parties Judgment January 5, 2003. Result: The Rule is discharged. Lawyers Involved: AKM Ali, Advocate—For the Petitioners. ABM Waliur Rahman Khan, Assistant Attorney-General—For the State. Crim......inclined to quash the proceeding at this stage. Accordingly, the Rule is discharged. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 166. ..Category: Criminal Law | Date: | Hits: 93
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
.... প্রয়োজনীয়। 4. Further case of the petitioners are that the Ordinance has been promulgated purportedly with an objects inter alia (a) to remove corruption through an alternative way of criminal trial of the offence and (b) to reduce the burden of the trial by the st......reme Court High Court Division (Special Original Jurisdiction) Present: Mir Hashmat Ali J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Ban......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..Category: Constitutional Law | Date: | Hits: 264
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......lant Vs. Laxman Chadra Das & others................Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Appellant. Mahbubay Alam with AM Aminuddin and Samarendra Nath Biswas, Advocates ‑ For R...... do not think that it was the intention of the legislature that it when an award was made in the name of wrong person, through collusion or otherwise, the rightful owner of such property will have no remedy under the general law to establish his title to the compensation as awarded. 21. In the in..Category: Property Law | Date: | Hits: 61
SMA Matin Sarker Vs. Bangladesh Jute Mills Association and another, 2004, 33 CLC (HCD)
....judgment be sent to the Secretary, Ministry of Law, for his perusal and necessary action and the Secretary, Law Reforms Commission, Dhaka. Ed. This Case is also Reported in: 57 DLR (2005) 128. ......arja, ILR 36 Cal, 936; Sahadeo Sukul and others Vs. Seikh Shawkat Hossain, 12 CWN 145 at 146; PSL RM Ramanathan Chettiar Vs. OR MP RM Ramanathan Chettiar, 1968 SC 1047 at 1049; Haridas Vs. Baroda Kishore, 27 Cal 38; Palikandy Vs. Krishnan Nair, 40 Mad 302 (303); Varjivandas Vs. Maganlal, AIR 1937 Bo......on and, as such, he is not a creditor within the meaning of the Act and, as such, he cannot file and maintain the present application. 4. It is further stated that the petitioner could have sought remedy, if any, in the civil Court for realisation of his claim, but instead of doing so, he has pre..Category: Employment/Service Law | Date: | Hits: 144
....the Civil Court by filing suits one after another but the respondents even before the Civil Court submitted an inflated bill of Taka 50 lac and to redress their grievance the petitioners had no other alternative but to take shelter of this court by invoking its writ jurisdiction and obtained the ins......ase is also Reported in: 57 DLR (2005) 109.
......f section 54(c) of the Electricity Act, 1910 and section 22(3) of the Electricity (Amendment) Ordinance, 1983 and it appears that the remedies provided by those provisions are not equally efficacious remedy and, as Such, we find that the writ petition is maintainable as framed.
10. It appears tha..
Category: Others | Date: | Hits: 135
.... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible.
Ed.
This Case is also Reported in: 57 DLR (2005) 74.
......ute.
Case Referred to-
National Board of Revenue Vs. Bata Shoe Co., 42 DLR (AD) 195.
Lawyers Involved:
Mahmudul Islam with Md. Mizanul Hoq Chowdhury, MA Hannan and Hasan Raqib Prodhan—For the Petitioners.
Fida F kamal, Additional Attorney-General with M Borhanuddin, Deputy Attorney......o 196D and submitted that the impugned order must be held to be passed under section 196B and such order is final only subject to an appeal to this Division Under section 196D.
16. In view of such remedy of statutory appeal, which was adequate and equally efficacious, he submitted that invoking o..
Category: Fiscal/Taxation Law | Date: | Hits: 122
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
.... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ...... 505. ......ster and servant, for which, no action for declaration of illegality of the order of dismissal from service in Civil Court or in the writ jurisdiction of the High Court Division could be brought. The remedy in a proper case is one for damage for wrongful dismissal." Similarly, in the case reporte..Category: Employment/Service Law | Date: | Hits: 122
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....he Anti-Corruption Commission Rules, 2007, so this decision has no manner of application in the present case. On the other hand, in this reported case our Appellate Division held that availability of alternative remedy by way of appeal or revision will not stand on the way when the question of law......D) 147; Ali Akkas Vs. Enayet Hossain,17 BLD (AD) 44=2 BLC (AD) 116; Manindra Nath Vs. Rajendra AIR 1992 (SC) 1815; 7 BCR (AD) 179; Golam Sarwar Hiru Vs. State, 13 MLR (AD) 103; Gokul Chand Dwarkadas Moraka Vs. King, AIR 1948 (PC) 82; Abdul Hakim Vs. State, 45 DLR 352; Syed Mustafizur Rahman Vs. Stat...... section 5(2) of Act II, 1947 of the Prevention of Corruption Act and the FIR contained bundle of facts which cannot be decided without trial. He further submits that the petitioner had alternative remedy inasmuch as she could file application for discharging her from the charges under section..Category: Criminal Law | Date: | Hits: 126
....d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262.......titioner
Vs.
Registrar of Trade Unions, Chittagong & others.......................Opposite Parties
Judgment
January 30, 1989.
Result:
The application is allowed on contest and order of ad-interim injunction is set aside.
Lawyers Involved:
A.Y. Salehuzzaman with SK. Zulf......n of Collective Bargaining Agent to vindicate their grievances are enacted and if no such agent does exist the workers, laborers and employees of the industrial establishment will be left with no remedy to vindicate their grievances before any authority. In the facts and circumstances of the p..
Category: Labour and Industrial Law | Date: | Hits: 203
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....l question of facts cannot be decided without entering into evidence in a proceeding under Article 102 of the Constitution, the learned Advocate submits. The learned Advocate further submits that alternative remedy is available to the petitioner before the Election Tribunal set up by statute f......in Iskandar Vs. Bangladesh Election Commission & others, 27 DLR 475; Amjad Hossain Howlader Vs. Govt. of Bangladesh and others, 27 DLR 373. Lawyers Involved: Akram Hossain Amin, Advocate - For Petitioner. Masih-Ul Islam, Advocate - For Respondent No.1. Writ Petition No.28 of 1988. ......f facts cannot be decided without entering into evidence in a proceeding under Article 102 of the Constitution, the learned Advocate submits. The learned Advocate further submits that alternative remedy is available to the petitioner before the Election Tribunal set up by statute for the purpo..Category: Election Law | Date: | Hits: 171
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......st 28, 1997. Result: The Rules are made absolute-in-part. Cases Referred to- United States of America Vs. Iska W Carmack, 329 US 230-248 (91 Law Edition) of United States Supreme Court Report page 209; Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1995 49 DLR (AD) 1 = 1997 BLD (AD) 1......datory procedural requirement results in the act or decision being susceptible to being quashed by the High Court which will then make whatever order to the public authority it sees as appropriate to remedy the unlawful action taken.” In this context, we like to quote a passage by his Lordship ..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
....ce of it illegal and liable to be set aside. In this connection we may also observe that under the provision of rule 5 of Order XXXVIII the Court should consider the question of security as the first alternative. 8. Having regard to the facts and circumstances of the case, we consider that the ap......ember 11, 1997. Result: The appeal is allowed. Case Referred to- Shirkat‑i‑Ahbab Vs. National Bank of Pakistan, 21 DLR (SC) 275. Lawyers Involved: Md. Waliul Islam, Advocate - For the Appellant. M Shamsul Alam, Advocate - For the Respondent. First Miscellaneous Appeal No......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ..Category: Civil Law | Date: | Hits: 65
....gainst the impugned order.
5. In the case of Collector of Customs Vs. A Hannan reported in 42 DLR (AD) 167 objection as to the maintainability of the writ petition was negatived on the ground that alternative remedy provided under section 194 of the Customs Act was not equally efficacious remedy ......
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
AK Badrul Huq J
Standard Manufacturing Company Ltd. represented by its Managing Director…………Petitioner
Vs.
Government of the People’s Republic of Bangladesh represented b......mpugned order.
5. In the case of Collector of Customs Vs. A Hannan reported in 42 DLR (AD) 167 objection as to the maintainability of the writ petition was negatived on the ground that alternative remedy provided under section 194 of the Customs Act was not equally efficacious remedy because it s..
Category: Fiscal/Taxation Law | Date: | Hits: 117
State Vs. Md. Jamaluddin, 1997, 26 CLC (HCD)
....d to confirm the death sentence awarded to him by the learned Sessions Judge. We are of the view that leniency should be shown to him and in the above facts and circumstances he should be awarded the alternative sentence of imprisonment for life and fine. In the result, the Reference is rejected ......……………………Condemned Prisoner Judgment December 3, 1997. Result: The Reference is rejected and Jail Appeal is dismissed. Lawyers Involved: Md. Mansurul Hoque; Deputy Attorney-General - For the State. Md. Khurshid Alam Khan, Advocate - For Condemned Prisoner. Deat......ld and he is sentenced to suffer imprisonment for life and also to pay fine of Taka 1000.00 in default to suffer RI for one year more. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 67. ..Category: Criminal Law | Date: | Hits: 72
.... compulsorily acquired, nationalised or requisitioned by authority of law. The further ground taken is that an aggrieved person can invoke the writ jurisdiction of the case even though he availed the alternative remedy, but failed on technical grounds. Lastly, the respondents are estopped from claim......ahar and others……………………………………………………………………………………Petitioner
Vs.
Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others……………………......y acquired, nationalised or requisitioned by authority of law. The further ground taken is that an aggrieved person can invoke the writ jurisdiction of the case even though he availed the alternative remedy, but failed on technical grounds. Lastly, the respondents are estopped from claiming that the..
Category: Limitation Law | Date: | Hits: 175
63306318631163006297628862855956594959475851584958365828582658235822582058185809