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Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....desired by the learned Advocate for the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ....... Dayarant, SCMR 1975, page 179; Sabilri Bala Vs. Rohini Kanta Mondal, 1963 PLD page 25 (Dhaka); Syed Md. Shah Vs. Abdul Jabar Md. Yeakub and others, 1943 AIR (Sind) page 132; Bissasnal Vs. Kesar and ors., AIR 1920 (Lahore) page 308. Lawyers involved: ABM Golam Majid, Advocate ‑ For the Peti...... application. To hold otherwise would be really an evasion of the definite words of Article 160, Limitation Act. What the learned Advocates for the appellant petitioner asks me to do is to give him a remedy what the Code does not afford and in fact implicitly withholds. If we were to accept the cont..Category: Procedural Law | Date: | Hits: 74
.... basis of the documents submitted by the petitioner. No further order in this respect is necessary.
14. The Learned Assistant Attorney-General has argued on the point of maintainability in view of alternative forum. In this Writ Petition the dispute is not one arising out of mere assessment of du......
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
A Salam Mamun J
Reliance Auto Ltd…………...Petitioner
Vs.
Commissioner of Customs, Customs House, Chittagong and ors……….Respondents
Judgment
March 31, 2003.
Lawyers Involved:
Md. Aman Ullah, Adv...... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
..
Category: Business or Commercial Law | Date: | Hits: 209
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ......inal Jurisdiction) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Sarwari Begum………………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others……..Respondents. Judgment ....... Farooqui on the question of merit but has contended that this writ petition is not maintainable in view of clause (2) of Article 102 of the Constitution as the petitioner had an equally efficacious remedy by way of filing an application before the Court of Settlement under section 7 of Ordinance N..Category: Property Law | Date: | Hits: 75
National Bank Limited Vs. New Sonali Garments (PriÂvate) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......ew Sonali Garments (PriÂvate) Ltd. & Ors . ...........................Respondents Judgment April 20, 1993. Lawyers Involved: Ashrarul Hossain with Mvi. Md. Wahidullah, Advocates ‑ For the Petitioner Cross‑objection. M Zahir with M Hasan, Advocates ‑ For the Opposite Party A......lat which is a Special Civil Court. (Artha Rin) Adalat Act has specifically provided for an appeal against the judgment and decree passed by the Artha Rin Adalat in a suit. It has also provided for a remedy under Order 9, rule 13 CPC against an ex parte decree. The special law has made a distinction..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
.... the Code of Criminal Procedure in the garb of a writ jurisdiction. If the High Court Division feels to exercise its writ jurisdiction there must have been good and sufficient reaÂson to by pass the alternative remedy proÂvided by the statute. The writ jurisdiction is meant for doing justice where......) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission repreÂsented by it's Chairman, Head Office-1, Segunbagicha, Dhaka and another ...... the Petitioner that the High Court Division transÂgressed its jurisdiction by quashing the proÂceedings of a criminal Case in exercise of its writ jurisdiction for, there are equally efficaÂcious remedy available to the writ petitioner. On behalf of the caveator Mr. Ahsanul Karim, however, suppo..Category: Anti-Corruption Laws | Date: | Hits: 214
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....ot traceable in the office of RAJUK and I find plaintiff did not produce any copy of his application in the suit or exhibited it. So it may be legally presumed that such application was not filed and alternatively it may be presumed that suit plot was not alloted to the plaintiff. We may quote the d......MLR (AD) 105; 31 DLR (AD) 219; 38 DLR 39; 16 DLR 272; 46 DLR (AD) 148; 2 XP (AD) 194; AIR 1966 (SC) 1072, 14 MLR (AD) 52-55. Lawyers Involved: Fida M Kamal with Mohammad Ali Akand, Advocates—For the Appellant. (In First Appeal Nos. 357, 358 of 2009). Md. Khalilur Rahman, Advocate—For Re......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..Category: Property Law | Date: | Hits: 100
....ondents in issuing notices? Our answer is in the negative.
For the above discussion, the Rule is discharged. No order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 144.
......reme Court
High Court Division
(Special Original Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
National Engineers Ltd.…………Petitioner
Vs.
Director, Military Lands and Cantonment Directorate and others ……..Respondents
Judgment
August 2......or its officers support to operate within the contractual field and the only grievance of the citizen could be that contract between the parties is broken by the action complained of, the appropriate remedy is by way of a petition under Art. 226 of the Constitution and not an ordinary suit. There is..
Category: Property Law | Date: | Hits: 92
....ations of their lordships of the Appellate Division in the case of Tafijul Huq SarkerVs. Bangladesh and others, reported in 4 MLR(AD) 1999, 19:
“Thus the consistent view of our courts is that an alternative remedy by way of appeal under a statute will not be a bar to a writ petition under Artic......;I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......eir lordships of the Appellate Division in the case of Tafijul Huq SarkerVs. Bangladesh and others, reported in 4 MLR(AD) 1999, 19:
“Thus the consistent view of our courts is that an alternative remedy by way of appeal under a statute will not be a bar to a writ petition under Article 102(2) of..
Category: Civil Law | Date: | Hits: 147
....Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......LR (AD) 167; Abdul Rouf Vs. Abdul Hamid Khan, 17 DLR (SC) 515 = 1965 PLD (SC) 671; Saifur Rahman Vs. Haider Shah, 19 DLR (SC) 433; Grindlays Bank Limited Vs. Murree Brewery Company Limited, 8 PLR (Lahore) 111; Najmul Huq Vs. Panchanan poddar, 21 DLR (Dac) 78; Muhammad Idris Khan Vs. Haji Erfanuddin,...... learned Assistant Judge by filing an application" was not followed up until the Rule Nisi and injunction order was obtained from this Court. The respondent by suppressing facts was obviously seeking remedy simultaneously in two forums for the same cause of action which it cannot do under law. The j..
Category: Civil Law | Date: | Hits: 87
....man J.- By this Rule Nisi issued under Article 102 of our Constitution the respondents have been called upon to show cause as to why the eviction of the petitioners on 19.8.1985 without providing for alternative plots for their rehabilitation should not be declared to have been passed without lawful......riginal Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahmudul Amin Choudhury J
Yunus Mia (Md.) and others..........................Petitioners
Vs.
The Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others.........................Respondent......ontentions of the learned Advocate we are to examine the relevant law. Article 102 (2)(a)(ii) of the Constitution provides that the High Court Division, if satisfied that no other equally efficacious remedy is provided by law, can direct a person performing any functions in connection with the affai..
Category: Property Law | Date: | Hits: 79
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ......¦ Respondent Judgment March 3, 2010. Cases Referred to- Riggs Vs. Palmer (1889) 115 NY 506, 22 NE 188; Davitt Vs. Titcumb (1989) 3 AUER 417. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For the Appellant. Firoz Shah, Advo......scale and post. It is found that the writ petitioner is not a fit person to be promoted and getting higher scale. The conduct of the writ petitioner is such that he does not deserve any discretionary remedy from the Court as he has not come and approached the High Court Division with clean hands. ..Category: Employment/Service Law | Date: | Hits: 204
Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)
....sed has already been acquitted on merit of the case as is in this case." 25. The findings of Hon'ble Appellate Division are bindings upon the High Court Division and as such, we have also no other alternative but to hold the view given by the Hon'ble Appellate Division in the above mentioned case......¦â€¦Convict-Appellants Vs. The State and another………………………………………………………………Respondents Judgment March 20, 2011. Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290. Lawyers Involved: Barris......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ..Category: Criminal Law | Date: | Hits: 101
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
..... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ...... the Appellate Division Judgment Here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Mohammad Ismail Uddin Sarker J Badrul Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others..............f the Constitution. The last point to be considered is, whether the petitioner is guilty of laches in moving this Court in the Writ Jurisdiction. The learned Attorney‑General has submitted that the remedy by way of Writ being extraordinary one the aggrieved person must come to the Court expeditiou..Category: Immigration and Citizenship Law | Date: | Hits: 343
Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)
....er is violated then by securing the detention of judgment‑debtor in the civil prison or attaching his properties or by both such an inexecutable decree can be enforced and that sub‑rule (5) is an alternative or additional remedy. Secondly, the words "wilfully failed to obey" do not imply that it......es Referred to- Saleh Ahmed Chowdhury and others Vs. Kabir Ahmed and others, 13 DLR 531; Moyna Mia & others Vs. Haji Abdus Samad, 33 DLR 207; Burhanuddin Ahmed and others Vs. Veda Brata Chakroborti and others, 16 DLR 61; Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992 BLD High Court D...... in the event of violation, a decree of prohibitory injunction is enforceable in an execution case for reliefs provided in Order XXI rule 32(1) of the Code of Civil Procedure, and if not, what is the remedy available to the decree‑holder. 2. Upon an application under section 115 of the Code of ..Category: Civil Law | Date: | Hits: 100
Hansa International and another Vs. Eastern Pharma Ltd., 1993, 22 CLC (HCD)
....o be used for dissolution of a Company which has no assets of its own to the costs and expenses for its dissolution. The Official Liquidator, in such a situation, in my opinion, is left with no other alternative but to seek fund for dissolution from the Government. The Official liquidator as I under...... another………………..Petitioners Vs. Eastern Pharma Ltd. ............................Opposite Party Judgment June 18, 1993. Lawyers Involved: Ahmed Nurur Reza, Advocate ‑ For the Petitioner. Company Matter No. 30 of 1990. Judgment AM Malumidur Rahman J.- The Offi......th the direction that the Official Liquidator is to seek fund from the Government for the purpose of dissolution of Eastern Pharma Ltd. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 482...Category: Company Law | Date: | Hits: 205
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....ithin a reasonable time after issuance of notice upon all the persons interested in the property and affording them an opportunity of being heard. 16. What’s more, the writ-petitioners have also alternative remedy against the inaction of the Assistant Commissioner (Land), if there be any, for m......¦â€¦â€¦â€¦â€¦â€¦â€¦Respondents Judgment August 8, 2011. Case Referred to- Qazi Kamal Vs. Rasdhani Unnayan Kartipakkha, 44 DLR (AD) 29. Lawyers Involved: Rajik-al-Jalil, Deputy Attorney General, instructed by B, Hossain, Advocate-on-Record—For the Petitioners (In Civil Petition......onable time after issuance of notice upon all the persons interested in the property and affording them an opportunity of being heard. 16. What’s more, the writ-petitioners have also alternative remedy against the inaction of the Assistant Commissioner (Land), if there be any, for mutating thei..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....the Appellate Division which is binding on us we are of the view that this applicaÂtion merits no substance which is summarily rejectÂed. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......oms and others................Respondent Judgment July 13, 2011. Case Referred to- Uttara Bank Vs. Macneill & Kilburn, 33 DLR (AD) 298. Lawyers Involved: MA Hannan, Advocate—For the Petitioner. SM Moniruzzaman with Pratikar Chakma, Assistant Attorney-General—For the Res......ed by the respondents authority then certainly the petitioner can make a claim of refund as per section 33 of the Customs Act and for that reason it cannot be said that the petitioner is left with no remedy. But the unconditional Bank Guarantee cannot be stopped from encashment in any manner except ..Category: Business or Commercial Law | Date: | Hits: 200
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
.... limitation. The Administrative Appellate Tribunal has power to condone the delay of three months if it is satisfied with the reasons for not filing the appeal within the period of limitation. In the alternative, it can entertain an appeal if it is filed within six months from an order or decision o......sh and others…...................Petitioners Vs. Ansarul Huq ..............................................................Respondent Judgment January 5, 2011. Lawyers Involved: Morad Reza, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petiti......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ..Category: Administrative Law | Date: | Hits: 206
Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)
....nding that the witnesses can be recalled or examined or called for examination if the evidence appears to be essential to the just decision of the case is correct because the court will have no other alternative but to summon a witness for the proper decision and the delivery of the judgment. In the......hury J Abdul Karim J Hussain Mohammad Ershad……………. Petitioner Vs. State……………....Opposite Party Judgment January 21, 1992. Cases Referred To- Public Prosecutor, Madras Vs. Chockalingarn Ambalarn and another, 1929 I.C. 274; ldris Howlader and another Vs. Sta......of the High Court. We, having considered the matter find no substance in this application which is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 116. ..Category: Criminal Law | Date: | Hits: 125
Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)
....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......0; Nur Mohammad & others Vs. State, BCR (1987) 244 (9 & 16); Qumruzzaman @ Lal & others Vs. The State, 40 DLR 504. Lawyers Involved: Zakir Ahmed with Moazzam Hossain Advocates‑‑For the Petitioner. Syed JR Modassir Hossain Advocate‑For the Opposite Parties. Criminal Revi......cepting the accused petitioners and the said order having the effect of discharging the accused petitioners, the revisional application under section 436 of the Code of Criminal Procedure is the only remedy available to the informant. Having regard to the facts and circumstances of the case and the ..Category: Criminal Law | Date: | Hits: 89
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