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Bangladesh Water Development Board Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)
....titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752.......upreme Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Bangladesh Water Development Board, represented by its Director General, WAPAD Bhaban, Motijheel C/A, Dhaka and others..........Petitioners Vs. Md. Shafiqu......ting their demand of pay scale in grade No. II. Their representations were recommended for implementation but none of the recommendations was implemented. The writ petitioners having found no other remedy moved the High Court Division a writ petition for giving effect to the higher pay scale. 3..Category: Employment/Service Law | Date: | Hits: 94
Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)
....elivery of possession of the mortgaged property to respondent No.2, but we could not lay our hand on any provision other than section 151 of the Code. In the above backdrop of facts, we find no other alternative but to approve the innovative approach of the High Court Division in ratifying the order......d. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Hossain Ahmed.........................Petitioner Vs. Bangladesh House Building Finance Corporation and another……….........Respondents Judgment February 27, 2011. Result:&nb......elivery of possession of the mortgaged property is given to her as directed by the appellate Court and affirmed by the High Court Division by way of ratification, the petitioner would be left with no remedy against her. Mr. Siddique lastly submits that since the execution case in question was disp..Category: Civil Law | Date: | Hits: 108
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
....ity and, as such, he issued a notice demanding justice through his learned Advocate on 16‑7‑2002, praying for re‑evaluation of the said paper but without any response. As such, finding no other alternative remedy he obtained the present Rule. 3. The respondent Nos.1 and 2 appeared by filing.......................Petitioner Vs. University of Rajshahi and others...............Respondents Judgment April 26, 2004. Lawyers Involved: Md. Tajul Islam with Faruk Hossain, Advocates-For the Petitioner. MA Sobhan with Md. Mamunur Rashid and SM Bazlur Rashid, Advocates-For Responde......such, he issued a notice demanding justice through his learned Advocate on 16‑7‑2002, praying for re‑evaluation of the said paper but without any response. As such, finding no other alternative remedy he obtained the present Rule. 3. The respondent Nos.1 and 2 appeared by filing a vokalatna..Category: Others | Date: | Hits: 157
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......dgment February 24, 2003. Result: The Rule is made absolute. Lawyers Involved: Rafique‑ul-Huq with Khalilur Rahman with Zubayer Rahman Chowdhury and Muhammad Sakhawat, Advocates ‑ For the Petitioner. Tufailur Rahman ‑ For Respondent No. 2. Md. Afsar Hossain, Assistant Atto......grieved body and thus the writ petition is not at all maintainable, and moreover, the company has no scope to interfere with the internal domestic management and affairs of the Trade Union by seeking remedy under writ jurisdiction. 6. The learned Assistant Attorney General, appearing on behalf of..Category: Labour and Industrial Law | Date: | Hits: 158
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......desh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is made absolute. Cases Referred to- Col. Md. Hashmat Ali (Retd) of Bangladesh Army Medical Corps Vs. Bangladesh, 47 DLR (AD) 1; Lieutenant General Abu Saleh Mohammad Nasim (Retd) Vs. Banglades......s country. Reading clause (5) of Article 102, Article 134 and Article 45 of the Constitution together I am of the view that a member of any disciplined force of Bangladesh will not be entitled to any remedy under Article 102 if he is aggrieved (I) by any decision of a court or tribunal established u..Category: Employment/Service Law | Date: | Hits: 148
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
....specifically stated in the plaint. For better appreciation Order 7, Rule 7 CPC is quoted below: "Every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative and it shall not be necessary to ask for general or other relief which may always be giv......………………………………………….Opposite Parties Judgment August 4, 1996. Result: The Rule is discharged. Cases Referred to- S Sibtain Fazli Vs. Star Film Distributors and another 14 DLR 307; Shiv Dayal Kapoor and others Vs. Union of India New Delhi and another AI...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..Category: Property Law | Date: | Hits: 65
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... lawyer and conscious citizen of the country, has got locus standi to file this writ petition before this Court under Article 102 of the Constitution as he being an affected citizen, has got no other alternative but to challenge the same before this Court under the above Article of the Constitution......., 42 DLR (AD), 13; Wares Miah Vs. The People's Republic of Bangladesh, 41 DLR 56; Kazi Moklesur Rahman Vs. Bangladesh, 26 DLR (SC), 44 (Beru Bari case); State of Haryana Vs. Haryna Co-operative Transport Ltd., AIR 1977 (SC) 237; SP Gupta Vs. Union of India, AIR 1982 (SC) 149; Bangladesh Sangbad Patr......re of certiorari. (b) We hold that the petitioner being an aggrieved person has locus standi to file this Writ Petition. (c) We hold that the petitioner has got no other alternative efficacious remedy as no tribunal has been constituted under Article 125(b) of the Constitution for challenging ..Category: Constitutional Law | Date: | Hits: 200
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....ution and due to non-examination and withholding of this vital and important witness presumption goes against the prosecution as per Section 114(g) of the Evidence Act. The learned Counsel makes an alternative submission that in case this Court finds that there is no merit to grant leave against t......……………………………….Respondent Judgment August 2, 2009. Result: The petition is disposed of with the modification of sentence. Lawyers Involved: Abdul Malek, Senior Advocate with S.A. Shahjahan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For th......ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711...Category: Criminal Law | Date: | Hits: 70
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698.......e impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698.......The judgment-debtor did not raise objection pointing out that the sale was held at a grossly inadequate price resulting in substantial injury to him. Therefore, the judgment-debtor had more effective remedy in the Artha Rin Adalat Ain other than the remedy prayed in the High Court Division. When the..Category: Property Law | Date: | Hits: 81
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......r Vs. Bangladesh and others .................Respondents Judgment February 13, 1991. Result: The application is summarily rejected. Lawyers Involved: ML Bhowmick, Advocate ‑For the Petitioner. No one- For the Opposite Parties. Writ Petition No.224 of 1991. Judgment...... জন্য অনুরোধ করিতেছি। Article 102(2)(a) of the Constitution reads as follows: "The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law. (a) on the application of any person aggrieved make an order. (i) d..Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....rder 9, rule 13 of the Code of Civil Procedure would be attracted. Under the law in circumstances like this even if a decree has been passed ex parte against a defendant, the defendant could have two alternative remedies to him either to file an appeal or to file application under Order 9, rule 13 a...... 218; Haji Md. Yusuf Vs. M/s Ahmed Brothers and others, 8 DLR 662; Chhazzu Ram Vs. Neki, AIR 1922 PC 112; AIR 1927 Bom. 226; AIR 1925 Cal. 253; AIR 1922 PC 112; ILR 15 Cal. 242; Ahsanullah Vs. Collector of Dacca; ILR 1888 Cal. 242, 36 DLR. Lawyers Involved: HR Sharif with Seema Zahur, Advocate......ew are not covered by Order 47 of the Code of Civil Procedure and should have been taken in an appeal. In spite of that fact the petitioner moved this court and it was probably trying to have a cheap remedy and postponed the filing of the appeal till the application for review was rejected. The proc..Category: Procedural Law | Date: | Hits: 111
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
....e to be delivered to a person who is a litigant in another suit in respect of the same property. So far as the second contention of the learned Advocate is concerned the simple answer is that when an alternative remedy was available to the opposite party No.1 against the order passed by the Criminal......itioner. Vs. Bhuiyan Navigation Agency............. Opposite Parties. Judgment February 12, 1991. Result: The Rule is made absolute. Lawyers Involved: Saidul Huq, Advocate ‑For the Petitioner. No one‑ For the Opposite Parties. Civil Revision No.7 of 1988. Judgme......its that the order passed by the learned Magistrate under section 516(A) CrPC being a revisable order the impugned order under section 151 CPC was not maintainable in that the opposite party No.1 had remedy against the order passed by the learned Magistrate in a revisional court. 6. Now let me co..Category: Civil Law | Date: | Hits: 97
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ......28 (Bom) 427; Injad Ali and others Vs. Mohini Chandra Adhikari, 27 CWN 1025; Allahdino Bacha Vs. Udhumal Amardenomal, AIR 1942 (Sind) 82. Lawyers Involved: Shanti Ranjan Karmaker, Advocate ‑ For the Petitioner. Md. Wahidullah, Advocate ‑ For the Opposite Party. Civil Revision No. 114......the sale deed is voidable because of material defect in his vendor's title not disclosed by the vendor, such non‑disclosure amounting to fraud under section 55, Transfer of Property Act. Plaintiffs remedy in such circumstance is a suit for rescission of the sale deed, and for return of the price p..Category: Civil Law | Date: | Hits: 76
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197.......rred To- M/s Speed Bird Navigation Vs. Government of Bangladesh, 27 DLR 170 & 30 DLR (AD) 101. Lawyers Involved: Habibul Islam Bhuiyan with MA Wahab Mia & Abul Hashem, Advocates ‑ For the Petitioner. Fakrul Islam, Assistant Attorney‑General and Dr. Delwar Hossain, AAG ‑ For......nexed and marked as Annexure Q to the petition. The Photostat copy of the Ministry letter dated 14.6.87 is annexed. hereto and marked as Annexure 'R' to the petition. There being no other efficacious remedy provided in law against the impugned judgment and order of the Court of Settlement, petitione..Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......t of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others…………..Respondents Judgment January 26, 1992. Result: The petitioner is entitled to relief sought for. Lawyers Involved: Zainul Abedin, Advocate ‑ For the Petitioner. Fokrul Islam, Assista...... of justice demand Notice dated 27.6.87 are put in and marked as Annexures ‘C’ & ‘D’ respectively. In view of the above situation petitioner filed this application as no other efficacious remedy was available to him. 6. It is submitted by the learned Advocate appearing for petitioner ..Category: Administrative Law | Date: | Hits: 164
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ......pl.) page 1; Kesavananda Vs. State of Kerala, AIR SC 1973, 1461 p‑1509. Lawyers Involved: Amirul Islam, Zakir Ahmed, KM Safiuddin Ahmed, AFM Mesbahuddin & Md. Nurul Huda, Advocates ‑ For the Petitioners (In all the writ petitions). Aminul Huq, Attorney‑General, with Abdul Wadud...... enforced by and through judicial process, if not implemented. Any non‑implementation of the Directives violates no individual constitutional right, and affords no basis for litigation and legal remedy. This only means that the State cannot be legally forced to carry them out, if it cannot do...Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....cessary correction in clause (1) of rule 3 of Order XLIX of the Code of Civil Procedure by inserting clause (b) instead of clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171....... clause (d). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 171.......t suit was found not maintainable. So, in the present case the plaintiff insurance corporation being subrogee is entitled to file the suit under the Admiralty Court Act, 1861, as the right as well as remedy gets transferred to the subrogee by operation of law. 5. The plaintiff being subrogee has ..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....de L.A. Case No.13 the defendants acquired the said land for rehabilitation of the refugees migrated from India. That the Government assured Zayor Bibi that she would be given proper compensation and alternative land and she would not be evicted till doing so. But the said land was never used for th......ad Mamtaj Uddin Ahmed J Md. Shamsul Huda J Md. Bande Ali Miah being dead his heirs: 1(a) Payesy Begum and others .........Petitioners Vs. The Chief Engineer, Housing and Settlement, Directorate of Housing and Settlement, Segun Bagicha, Dhaka and others .........................................leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604...Category: Property Law | Date: | Hits: 65
Mafizur Rahman Vs. Joynal Abedin and others, 1992, 21 CLC (HCD)
....ecords expeditiously. Let a copy of the judgment be sent to the learned Subordinate Judge at his present station for his guidance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 158. ......to- Syedul Haque Sowdagar Vs. Abul Kashem Chowdhury & Ors., 38 DLR 14; Kazi Mobarak Ali Vs. Mohammad Yeasin Mazumdar & Ors., 43 DLR (AD) 60. Lawyers Involved: MA Wahab, Advocate ‑ For the Petitioner. Syed Mahmud Hossain, Advocate ‑ For the Opposite Parties. Civil Revision ...... Village Court Ordinance, 1976 for Second Appeal before the District Judge the decision made by the Subordinate Judge was without jurisdiction. Secondly, he submits that in any view of the matter the remedy for the present petitioner was available either under Article 102 of the Constitution of the ..Category: Property Law | Date: | Hits: 74
Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)
....cused persons. Therefore, we do not find any reason to quash the instant criminal case by involving our inherent jurisdiction under section 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is als...... Vs. State………………………Opposite Party Judgment August 19, 1997. Result: The application is summarily rejected. Lawyers Involved: Sheikh Atiar Rahman, Advocate- For the Petitioner. Not Represented — the Opposite Parties. Criminal Miscellaneous Case No. 4......s. Therefore, we do not find any reason to quash the instant criminal case by involving our inherent jurisdiction under section 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported i..Category: Criminal Law | Date: | Hits: 83
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