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Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)
....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ...... Abdul Hamid Vs. Abdul Jabbar, 34 DLR (AD) 208; Devaki Amma Mookambi Amma Vs. Meenakshy Amma, Vijayama and another, AIR 1990 Karala 37; Mababala Hegde Vs. Meenakshi Heggadithi and others, AIR 1960 Mysore 193; 43 DLR 207 and 539; AIR 1922 (PC) 269; 5 BCR (AD) 346; 12 BLD (AD) 245. Lawyers Involved......petitioners are not entitled to get any relief under section 151 of the Code of Civil Procedure. It was also contended that if any illegality was committed by the Executing Court, the petitioners had remedy before that Court but without availing the opportunity they are not entitled to invoke the ap..Category: Civil Law | Date: | Hits: 66
Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)
....egistrar of the Supreme Court by the Senior Assistant Secretary, Ministry of Law, Justice and Parliamentary Affairs vide Memo dated 20.04.2009. In the circumstances, the petitioner finding no other alternative sent a demand justice notice to the respondents on 26.05.2009 but they did not reply; he......Case Referred to- Md. Hanifullah and others Vs. Secretary, Ministry of Finance, the Government of Bangladesh vide Writ Petition No.3599 of 2000. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. Salahuddi......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...Category: Employment/Service Law | Date: | Hits: 86
....sorbed some officers from the development budget to revenue budget which is discriminatory and violative of the fundamental rights of the petitioners guaranteed by the Constitution. Having no other alternative and efficacious remedy, the petitioners moved the High Court Division for inaction and f...... others…………..Respondents (In Civil Petition No. 960 of 2011)
Judgment
June 23, 2011.
Result:
The leave petitions are summarily dismissed.
Lawyers Involved:
Mahbubey Alam, Attorney General, with Khurshed Alam Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Re......e development budget to revenue budget which is discriminatory and violative of the fundamental rights of the petitioners guaranteed by the Constitution. Having no other alternative and efficacious remedy, the petitioners moved the High Court Division for inaction and failure of the respondents to..
Category: Employment/Service Law | Date: | Hits: 66
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
....resuming that the officer making the report was not duly authorised by the order of a magistrate, his report could still be held to fall within the purview of section 190(1)(b) of the Code or, in the alternative, can be accepted as a complaint within sub-section (1) (a) of the section.” 10. Sim......….Petitioner Vs. State………………………..Respondent Judgment March 23, 1999. Result: The Rule is discharged. Cases Referred to- Crown Vs. Nur Alam, PLD 1955 (Lahore) 667; Abdul Noor alias Nur Meah Vs. State, 9 DLR 633. Lawyers Involved: Ahsanullah Chowdhu......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ..Category: Criminal Law | Date: | Hits: 75
....gned order cannot be called in question by any court and as such, the writ petition is not maintainable; that the petitioner’s case was not considered by the forum and, as such, he was left with no alternative than to move the Administrative Tribunal.
10. Mr. Elahi with reference to the impugne......DLR (AD) 214; Bangladesh Vs. AK Al-Mamun and others, 1 MLR (AD) 1996 161; Madras Vs. AR Srinivasan, AIR 1966 (SC) 1827.
Lawyers Involved:
SAM Mahbub Elahi with Shawkat Ara Begum, Advocates — For the Petitioner.
Mahbub Ali, Assistant Attorney-General — For the Respondents.
Writ Petit......without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248...
Category: Employment/Service Law | Date: | Hits: 73
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
.... against the alleged contemner and make an enquiry into the matter and if such court finds prima facie that contempt of court had been committed by the alleged contemner then such court shall have no alternative but to send the matter to this court for taking action under the said Act. Otherwise suc......egum Vs. Ansaruddin, 5 BLT 191. File No. 1 M-49/98. Judgment Kazi Ebadul Hoque J.- It appears from the Office note that Miscellaneous Case No.210 of 1979 filed by the House Building Finance Corporation was disposed of on 26-5-97. Operative portion of that order of the Court was as follows: ......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242...Category: Criminal Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural Electrification Board and another, 1991, 20 CLC (HCD)
....ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ......fication Board and anr……………………………Respondents Judgment December 17, 1991. Result: The Rule is made absolute. Lawyers Involved: SAM Mahbub Elahi, Advocate ‑ For the Petitioner. Md. Abdur Rashid, Advocate ‑ For the Respondents. Writ Petition No.406 of......e present Rule. 5. The respondent No.1 has filed an affidavit-in‑opposition stating, inter alia, that the dismissal order was made without authority and that the petitioner did not exhaust his remedy by way of review before the Board. 6. Mr. Md. Abdur Rashid, the learned Advocate appearing..Category: Employment/Service Law | Date: | Hits: 65
State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)
....ces. This, to us, seems to be a weak and unconvincing submission based on mere conjecture and not on fact and deserves no consideration. Unfortunately, the prosecution has failed to give a reasonable alternative suggestion as to what might have led the condemned accused to commit the deliberate act ......…………Condemned Prisoner Judgment November 10, 1991. Result: The reference under section 364 of the Code of Criminal Procedure is rejected. Cases Referred To- Khashru alias Khorshed Vs. State, 35 DLR page 119; State Vs. Arman Ali and others, 42 DLR (AD) at page 50; Aijuddin ......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...Category: Property Law | Date: | Hits: 69
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......) 196=46 DLR (AD) 174; Islami Bank Bangladesh Limited Vs. Al‑haj Md. Shafiuddin Howlader and another, 2000 BLD (AD) 162=52 DLR (AD) 176. Lawyers Involved: Md. Abul Hossain Khan, Advocate‑ For the Petitioner. None appeared- For the respondents. Writ Petition No. 1867 of 2003. Judg......e Adalat Act being a special legislation setting upon a special Court the remedies will follows as provided therein and if there is any exclusion indicated therein, as in section 6, it will include a remedy under the general law. Mr. Md. Abul Hossain Khan relying on this proposition has contended th..Category: Administrative Law | Date: | Hits: 200
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....only which was given to him as is evident from Ext. 'gha'. Since the plaintiff did not vacate the suit property even after the expiry of the period mentioned in Ext. 'gha' the government had no other alternative but to evict him. 28. For the discussions made above, I am constrained to hold that t......d. This Case is also Reported in: 55 DLR (2003) 350.......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...Category: Property Law | Date: | Hits: 122
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....red by the writ-petitioner. Mr. Islam has lastly submitted that in the facts and circumstances of the case and in view of the own finding of the High Court Division that the writ-petitioner had other alternative statutory remedy the writ-petitions were not maintainable in law and as such, the impu...... Unilever Bangladesh Limited and others………………...Respondents (In both the cases) Order June 23, 2011. Result: The leave is granted. Lawyers Involved: Mahmudul Islam, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner. (In both the......oner. Mr. Islam has lastly submitted that in the facts and circumstances of the case and in view of the own finding of the High Court Division that the writ-petitioner had other alternative statutory remedy the writ-petitions were not maintainable in law and as such, the impugned judgment and orde..Category: Fiscal/Taxation Law | Date: | Hits: 168
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....g the same to the trial Court to allocate the Saham. The impugned order is made under section 151 CPC. The said provision of law has no application in a case where an order passed against a party has alternative remedy. The order of remand can be challenged before the superior Court under provision ......…………….Opposite party Judgment February 28, 1991. Result: The Rules are discharged. Case Referred to- Adamjee Jute Mills Ltd. Vs. Chairman, 39 DLR 11; Jotish Chand Chakrovorty Vs. Hem Chandra 11 DLR 7; Ali Hussain Vs. Rafique, 1977 PLD Lah 419. Lawyes Involved: AKM......o the trial Court to allocate the Saham. The impugned order is made under section 151 CPC. The said provision of law has no application in a case where an order passed against a party has alternative remedy. The order of remand can be challenged before the superior Court under provision of the Code...Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....rity dated 16.9.1984. The said petition was heard and disposed of by the appellate authority by rejecting the same and maintained the order passed by him in the appeal. The respondent No.2 finding no alternative filed a Second Review petition before the Director of Land Records against the order of ......hury J Mustafa Kamal and others…………………….Petitioners (Writ Petition No.207 of 1986) Sebera Begum……………………Petitioner (Writ Petition No.208 of 1986) Vs. Director of Land Records and others…………………Respondents (In both the Writ Petitions) Judgme......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..Category: Property Law | Date: | Hits: 73
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....allenging the judgment and order dated 18.01.2009 passed by the High Court Division in disposing of the Rule in Civil Revision No.2036 of 2005 directing the Secretary, Ministry of Works, to arrange alternative land in the same quantum for the opposite parties and till such arrangement is made to a...... Vs. Sharafunnessa and others …………....................................Respondents Order May 9, 2011. Result: Leave is granted. Lawyers Involved: A. F. Mesbauddin, Senior Advocate, instructed by Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner. Zainal Abed......le". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ..Category: Property Law | Date: | Hits: 70
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....rror in making the rule absolute which virtually affecting the Miscellaneous Case No. 11764 of 2008. II. Whether the High Court Division has failed to take in to account that the petitioner has alternative remedy and as such in view of the alternative remedy the writ petition is not maintainab...... Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazniun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission represented by it's Chairman, 1, Segunbagicha, Dhaka……………….Petiti...... that the High Court Division erred in law in making the rule absolute in failing to consider that the writ petition itself is not maintainable since the writ petitioner has other equally efficacious remedy under the Code of Criminal Procedure. It is further contended that the order of the learned..Category: Criminal Law | Date: | Hits: 136
Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....it petitions filed by the respondents are maintainable as there is a provision of appeal as envisages in Rule 16 of the said Nitimala of 1995, which was not exhausted by the respondents as being an alternative remedy provided by the said Nitimala. III. Whether the petitioners being authorized b......hers……………………...........Respondents (In Civil Petition No. 1772 of 2010) Order January 17, 2011. Result: Leave is granted. Lawyers Involved: Murad Reza, Additional Attorney General, instructed by Mrs. Mahmuda Regum, Advocate-on-Record-For the Petitioners (In all the ...... filed by the respondents are maintainable as there is a provision of appeal as envisages in Rule 16 of the said Nitimala of 1995, which was not exhausted by the respondents as being an alternative remedy provided by the said Nitimala. III. Whether the petitioners being authorized by Rule 15 re..Category: Employment/Service Law | Date: | Hits: 47
Abdur Razzaque Vs. Bangladesh Agricultural Development Corporation and others, 1991, 20 CLC (HCD)
....in could not show that this corporation has been declared to be a Commercial establishment or any Industrial Establishment by any Gazette Notification. Therefore the question of the petitioner having alternative remedy available before the Labour Court does not arise. It has been held in the case of......on (Special Original Jurisdiction) Present: Qazi Shafluddin J Mainur Reza Chowdhury J Abdur Razzaque……………………Petitioner Vs. Bangladesh Agricultural Development Corporation and others…………………Respondents Judgment December 18, 1991. Result: ......sition supporting the order passed by Annexure 'F' and, inter alia, have stated that the petitioner is a worker as defined under the Employment of Labour (Standing Orders) Act, 1965 and therefore his remedy lies before the Labour Court. 5. Mr. SAM Mahbub Elahi, the learned Advocate appearing for ..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......he Rules are made absolute. Cases Referred to- Mohammad Alam and 3 others Vs. State, 19 DLR (SC) 242; State Vs. Maulvi Muhammad Jamil and others, 20 DLR (SC) 315; Mohitullah PK @ Mehitullah and ors. Vs. State, 38 DLR (AD) 240. Lawyers Involved: Md. Ismail, Advocate ‑ For the Petitioner......ission he has drawn our attention to section 6(d) and (e) of the General Clauses Act. Section 6(e) of the General Clauses Act runs as follows: "6. (e) affect any investigation, legal proceeding or remedy in respect of any suck right, privilege, obligation, liability, penalty, forfeiture or punish..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....hammad Ansar Ali J.- This Rule at the instance of the accused petitioner was issued upon the complainant opposite party to show cause as to why the impugned proceeding should not be quashed or in the alternative why the order dated 9.10.85 complained of in the petition should not be set aside or suc......ferred to- Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 38 DLR 4; Ansaruddin Molla Vs. Hamed Molla and others, 18 DLR page 295. Lawyers Involved: ABM Khairul Huq, Advocate ‑ For the Petitioner. No one ‑ For Opposite Party. Criminal Revision No.229 of 1985. Judgmen......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ..Category: Criminal Law | Date: | Hits: 98
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ......is also Reported in: 45 DLR (HCD) (1993) 591. ......further contended by the opposite party that in the event of setting aside the impugned order and consequently to direct return of the bank guarantee the opposite party‑plaintiff will have no other remedy for satisfaction of the decree, if made in the suit. The situation which may arise, as conten..Category: Civil Law | Date: | Hits: 75
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