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Md. Sadek Ali Vs. Government of Bangladesh and others, 2013, 42 CLC (HCD)
.... The question raised by the writ petitioner that he was actually dismissed under the cloak of termination being a question of fact cannot be decided in a writ petition. Even if, it was so done he had alternative remedy under the Labour Act and as such the instant writ petition is not maintainable fo....... Government of Bangladesh and others…...Respondents Judgment January 13, 2013. Result: The Rule is disposed of. Lawyers Involved: Yousuf Hossain Humayun, Advocate-For the petitioner. Tufailur Rahman, Advocate-For respondent no. 2. Writ Petition No.7903 of ......n raised by the writ petitioner that he was actually dismissed under the cloak of termination being a question of fact cannot be decided in a writ petition. Even if, it was so done he had alternative remedy under the Labour Act and as such the instant writ petition is not maintainable for not exhaus..Category: Labour and Industrial Law | Date: 13 Jan, 2013 | Hits: 101
Habibur Rahman @ Habu and others Vs. State, 2013, 42 CLC (AD)
....al trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts that he has to meet or in the alternative, to warn the accused of the case he is to answer. It shall contain the nature and the ......s allowed. Framing of charge in a criminal trial The object of framing charge in a criminal trial is to enable the accused to have a clear idea of what he is being tried for and of the essential facts that he has to meet or in the alternative, to warn the accused of the...... of the charges and they be set at liberty if not wanted in connection with any other case. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 108; 18 BLC (AD) (2013) 218. ..Category: Procedural Law | Date: 9 Jan, 2013 | Hits: 10
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....posed of the same summarily giving direction upon the District Judge to hear and dispose of the stay matter as expeditiously as possible preferably on the next date, that is on 10.09.2012 or in the alternative to hear and dispose of the miscellaneous appeal within the time given and also stayed ...... Judgment January 4, 2013. Result: The petition is disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 Without issuing Rule and giving no opportunity to the other side(s) of being heard, the summary disposal of a revision application filed ......09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ...... Vs. Kaptex Limited and others ............Respondents Judgment December 12, 2012. Result: The petition is disposed of. Lawyers Involved: Mainul Hosein, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Mrs. ......d amount among the three share holders-directors. It was not at all an issue before the Company Court. If the respondents have any claim or interest in respect of the said FDR or any amount, their remedy lay in other forum. Apparently the FDR stands in the name of the petitioner. In view of the ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
Amanullah (Md.) and other Vs. Abdul Aziz and others, 2012, 41 CLC (HCD)
.... par with the officers appointed prior to 1985, the petitioners to protect their right and to implement the judgment as per the directions and observations made therein and finding no other alternative filed the instant contempt petition against the contemnors as there is no bar to file a ......nal Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badruzzaman J Amanullah (Md.) and other ..................Petitioners Vs. Abdul Aziz and others...............Contemnors Judgment December 5, 2012. Result: The Rule is disposed of. Encadremen...... With the above observations and directions this Rule is disposed of. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 485. ..Category: Constitutional Law, Contempt of Court Law | Date: 5 Dec, 2012 | Hits: 4
Government of Bangladesh and others Vs. Hamento Kumar Barmon and another, 2012, 41 CLC (AD)
....hus, to dispose of the appeals on merit. However, since no formal application has been filed for withdrawal of the appeals as per the decision of the Board of Governors of the BPATC, we find no other alternative but to dismiss the appeals. Accordingly, the appeals are dismissed; no order a..........................Respondents (In Civil Appeal No.326 of 2008) Judgment November 28, 2012. Result: The appeal is dismissed. Lawyers Involved: Murad Reza, Additional Attorney General instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Appellants (In both......ished twice for the self-same offences; that the writ petition is not maintainable since the respondent did not challenge the vires of any law in the writ petition, therefore, he cannot seek his remedy under Article 102 of the Constitution, rather he will be required to seek remedy under Articl..Category: Employment/Service Law | Date: 28 Nov, 2012 | Hits: 12
Esrarul Huq Chowdhury Vs. Md. Amir Hossain, Advocate and another, 2012, 41 CLC (AD)
.... 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 313,66 DLR (AD) (2014) 1. .....................Appellant Vs. Md. Amir Hossain, Advocate and another…......Respondents Judgment November 28, 2012. Result: The appeal is allowed. Words and Phrases Review By preferring a review, an erroneous decision can not be re-heard ......edings before it as it may deem fit; and where the Tribunal is of the opinion that a complaint made against an Advocate is false and vexatious, it may, in addition, and without prejudice to any other remedy available to the Advocates, impose deterrent costs not exceeding a sum of five hundred taka u..Category: Others | Date: 28 Nov, 2012 | Hits: 23
Syeda Sajeda Chowdhury Vs. State, 2012, 41 CLC (HCD)
....quo;ble High Court Division stayed all proceedings of the aforementioned case against the petitioner: the stay have been extended up till now. However, there are case laws suggesting at when there is alternative remedy available, Writ jurisdiction of the Court should not be invoked, and hence the pe...... absolute. Cases Referred to- Bahauddin Nasim Vs. Secretary, Ministry of Home Affairs, Government of the Peoples Republic of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others, unreported, Writ Petition No.7245 of 2008; Khawja Nazir Ahmed Vs. Emperor 1945 DLR, PC 18, Abdul Quader V...... Court Division stayed all proceedings of the aforementioned case against the petitioner: the stay have been extended up till now. However, there are case laws suggesting at when there is alternative remedy available, Writ jurisdiction of the Court should not be invoked, and hence the petitioner is ..Category: Anti-Corruption Laws | Date: 28 Nov, 2012 | Hits: 77
Government of Bangladesh & others Vs. Md. Ghulam Mustafa and others, 2012, 41 CLC (AD)
....question No.73 of the English version, it was stated that though the word (স্বাশতন্ত্র) was omitted from the English version, this omission did not have any bearing on the given alternatives. With regard to question No.77 of the English version, it was stated that the allegatio......(AD) 44; Dr. Mohiuddin Farque Vs. Bangladesh, 49 DLR (AD) 1; Ekushe Television Vs. Bangladesh, 54 DLR (AD) 130; Brae Bank Vs. Bangladesh, 54 DLR (AD) 34. Lawyers Involved: Mahbubey Alam, Attorney-General instructed by B Hossain, Advocate-on-Record—For the Petitioners. Muzammel H...... the High Court Division calling for our interference. With the above observations and directions the petition is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 85. ..Category: Others | Date: 22 Nov, 2012 | Hits: 20
Md. Aminullah and others Vs. Serajul Huq and others, 2012, 41 CLC (AD)
....neous Case No.01 of 1992 passed by the learned Senior Assistant Judge, Third Court, Sadar, Chittagong dismissing the pre-emption case under section 24 of the Non Agricultural Tenancy Act or in the alternative under section 96 of the State Acquisition and Tenancy Act. 2. The facts, leading ......Tenancy Act, 1950 (East Bengal Act No. XXVIII of 1951); section 96 In a case of pre-emption filed under section 24 of the Non-Agricultural Tenancy Act if a co-sharer tenant owns a portion of land in any plot, he is to be treated as co-sharer in the entire plot even if the land of......n is set aside and the impugned judgment and order passed by the appellate Court is restored. There is no order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 131. ..Category: Property Law | Date: 21 Nov, 2012 | Hits: 27
Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)
....e there is a flagrant departure from the rules to be followed or the prescribed method to be followed, of course, this Division should not remain dumb founded from non-interfering on the plea of alternative remedy being available. 20. We have observed that the respondents as envisage in An...... The Rule is made absolute. Cases Referred to- Transcom Cables Ltd Vs.The Commissioner of Customs 2 TLR 571; ASS Enterprise Vs. Bangladesh 17 BLC 86; Russell Vegetable Oil Ltd Vs. Collector of Customs 52 DLR 382; LR Khan Vs. Customs, Excise and VAT Appellate Tribunal, 17 BLC 249;Commiss...... disputed question of fact need be gone into and that only interpretation of certain provision of law as to the applicability of the same in a admitted given situation being the efficacious remedy, the importer could avail the writ jurisdiction for speedy and adequate remedy in order to re..Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....t for ascertaining the genuineness of three sets of documents produced by the parties and also to ascertain which Shamsul Kabir Humayun Reza was the actual allottee of the suit plot. In the alternative, they have also prayed that the appeals may be sent back to the High Court Division for ...... November 12, 2012. Result: The petitions are dismissed. Cases Referred to- Ali Haider Vs. State, 10 DLR (SC) 193; Allah Ditta Vs. State, 11 DLR (SC) 38; Chainchal Singh Vs. Emperor, AIR 1946 PC 1. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Su......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....shy;man for a puller but helpful and cheaper for an ordinary passenger. I consider that now the time come to think and re-think as to whether this type of vehicle is to allow in numbers or to look an alternative. I am glad to learn that at present the government is introducing alternatives by induct......8. ......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....he police under section 173 of the Code on the basis of which the learned Special Judge took cognizance of the offence against the petitioner was not a report in the eye of law, now there is no other alternative but to get the case investigated afresh by the Commission, no answer to question No......ammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kaisor-uz-Zaman (Md.)...……………………...Petitioner ...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)
....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......on) Present: Khondker Musa Khaled J Md. Nazrul Islam Talukder J Moudud Ahmed………………………Petitioner Vs. Anti-Corruption Commission and another……………………&hel......Court Division. 33. It is settled principle of law that the inherent power of the High Court Division under section 561A of the Code of Criminal Procedure should sparingly be used where no other remedy is available. In the case of Habibur Rahman Mollah Vs. State reported in 62 DLR (AD) 233, the..Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95
Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)
....rtgaged property in favour of Ragib Ali. 4. It is argued on behalf of the Agrani Bank that the bar imposed in sub-rule (3) of rule 83 of Order XXI denudes the jurisdiction of the Court or in the alternative, takes away the power of the Court to issue certificate to the judgment debtor for priva...... October 3, 2012. Result: The appeals are disposed of with observations. Lawyers Involved: Md. Zafar Ullah Chowdhury, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Appellant. (In Civil Appeal No.105-106 of 2008). Mahbubey Alam, Senior Advoca......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5
Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ide letter dated 17-10-2011 claiming spectrum assignment fee based on Market Competition Factor (MCF) so far as it relates to already assigned spectrum in 2008 (2.6 MHZ-1800 band) and having no other alternative and efficacious remedy, the petitioner was compelled to file this instant applicati......ublic of Bangladesh, The Telegraph Act, 1885 Section 4, Wireless Telegraph Act, 1933 Article 40 should go uninterrupted The petitioner is entitled to carry out his business of mobile operator as per Article 40 of the Constitution of the People’s Republic of Bangladesh without interr......claiming spectrum assignment fee based on Market Competition Factor (MCF) so far as it relates to already assigned spectrum in 2008 (2.6 MHZ-1800 band) and having no other alternative and efficacious remedy, the petitioner was compelled to file this instant application under Article 102 of the ..Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
....the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and another............ obtained ex-parte decree but overlooked that the earlier suit for specific performance of contract was barred under section 6 (a) of the Ordinance 54 of 1985 and the respondents also failed to get remedy before the court of settlement as per section 7 of the said Ordinance. 15. Admittedly, t..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
State Vs. Md. Artful Islam @ Arif, 2012, 41 CLC (AD)
....posed of. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Inherent powers of the High Court Division The inherent powers of the High Court Division is neither an alternative nor an additional in its correct sense and is to be rarely invoked only in the interest ...... The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A Inherent powers of the High Court Division The inherent powers of the High Court Division is neither an alternative nor an additional in its correct sense and is to be rarely invoked only in the interest of justice so......rent powers. The judgment of the High Court Division is set-aside. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 82. ..Category: Procedural Law | Date: 2 Aug, 2012 | Hits: 7
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
.... evidence. 8. The appellant was arraigned on two counts, one for criminal conspiracy to commit murder and the other, for the abetment of the offence of murder. The latter one appears to me as an alternative charge in case the prosecution fails to prove the charge of criminal conspiracy. The Hig......an Yasin @ Titu........Appellant Vs. State......................................................Respondent Judgment August 1, 2012. Result: The appeal is dismissed by majority decision. Cases Referred to- Judicial Committee of the Privy Council in Mirza Akbar ......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
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