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State Vs. Md. Monirul Islam alias Nirab and others, 2011, 40 CLC (AD)
....rate forthwith. With this direction, the petition is disposed of. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 53, 19 BLT (AD) (2011) 144, 8 LG (AD) (2011) 168, VIII ADC (2011) 620. ..........................Petitioner Vs. Md. Monirul Islam alias Nirab and others..................Respondents Judgment January 5, 2011. Cases Referred To- Lala Jairam Das Vs. King Emperor 72 IA 121 (19944-45); Hidayat Uliah Khan Vs. Crown, PLD 1949 Lal 21; Crown Vs. Khushi Muhammad, 5......the High Court possess a power to enlarge a person on bail if it is the object of a police officer or other executive authorities to arrest him merely for purposes of harassÂment or humiliation. The remedy however lies with the legislature and the Courts are not in a position to give any relief to ..Category: Criminal Law | Date: | Hits: 89
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....and the Government having failed to prefer any appeal against the said order for setting aside order and also having to set aside the said order by way of revision, the respondent Nos. 1 and 2 had no alternative but to comply with and implement the said order of the prescribed authority and, in supp......Jurisdiction) Present: M S Ali J Naimuddin Ahmed J Rana Awan (Mrs.)........................................... Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works and others.......Respondents. Judgment August 20, 1990. Cases Referred to- 16 DLR ......rted decisions of this Court in Writ Petition No. 149 of 1976 and Writ Petition No. 13 of 1977. In elaborating his argument Mr. Farooqui has submitted that since the legislature created a forum for a remedy against treatment of properties as abandoned properties by enacting Article 15 of the Preside..Category: Property Law | Date: | Hits: 78
Shah Sekandar Molla Vs. New Sagurnal Tea Co. and Others, 2010, 39 CLC (AD)
....haka directing him not to demand any money from them and ultimately denied his claim. It has further been alleged that the defendants are trying to sell the timbers to other persons. Finding no other alternative the plaintiff-petitioner filed complaint petition Case No.1349 of 2004 through the const......¦â€¦â€¦â€¦â€¦â€¦Respondent Judgment March 21, 2010. Cases Referred To- Integrated Services Limited and others Vs. Khaleda Rahman and others, 5 BLC (AD) 69, Abdul Latif Chowdhury Vs. Md. Noor Hossain and others, 2 MLR (AD) 298; Indian Overseas Bank, Madras Vs. Chemical Construction Co. an......do not find any merit in the leave petition. In the result, the leave petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 65, 8 LG (AD) (2011) 103, 16 BLC (2011) 96. ..Category: Civil Law | Date: | Hits: 113
....r of exercise of the extraordinary power in writ jurisdiction under section 102 of the Constitution in view of the provision of Article 117 read with Article 1021(5) of the Constitution providing for alternative forum in matters relating to or arising out of the terms and conditions of persons in th......overnment of Bangladesh and others..............Respondents.
Judgment
March 19, 1990.
Cases Referred to-
SP Sampath Kumar Vs. Union of India, AIR 1987 SC 386; Md. Serajul Islam Vs. Director General of Food) giving rise to CPSIA No. 64 of 1990; Myers Vs. Bethlehem Corporation (1938) 303 ......se because even if any violation or infringement of any law or rule having the force of law in respect of any provision of the Government Servants (Discipline and Appeal) Rules, 1985 takes place, the remedy for the same is provided in the said Rules, 1985 as well under the Administrative Tribunal Ac..
Category: Employment/Service Law | Date: | Hits: 79
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....he view that appliÂcations under Order XXI, rule 90 of the Code of Civil Procedure are maintainable and that the High Court Division rightly interested with the auction sale. 14. Even if there is alternative remedy interferÂence by the High Court Division is called for under article 102(2) of t...... Md. Saidur Rahman and others ...........................Respondents Judgment June 10, 2010. Cases Referred to- Lindsay Petroleum Vs. Prosper Armstrong Hurd (1874)5 PC 221; Antibiotic Stores Vs. Subordinate Judge and Artha Rin Adalat, 55 DLR (AD) 43; Islami Bank Bangladesh Vs. Md. Shaf......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: Civil Law | Date: | Hits: 113
Hasina Mawla Vs. Bangladesh Parjatan Corporation and another, 1992, 21 CLC (HCD)
....er acceptance of gratuity should operate by way of estoppel against her. 14. Mr. Khondker Amir Hossain next submitted that the petition is not maintainable as the petitioner has not availed of the alternative remedy by way of appeal as provided by service rules. 15. As the impugned order was n......rt High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Mohammad Fazlul Karim J Hasina Mawla……………………Petitioner Vs. Bangladesh Parjatan Corporation and another…………........Respondents Judgment November 18, 1992. Cases R......e of gratuity should operate by way of estoppel against her. 14. Mr. Khondker Amir Hossain next submitted that the petition is not maintainable as the petitioner has not availed of the alternative remedy by way of appeal as provided by service rules. 15. As the impugned order was not passed un..Category: Employment/Service Law | Date: | Hits: 88
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....Referring the prayer made by the petitioner addressing the Secretary, Ministry of Education Annexure-H to the petition Mr. Siddiq has also pointed out that where the petitioner himself has prayed for alternative remedy by way of compensation he cannot invoke the writ jurisdiction compelling the resp......s also Reported in: ......e prayer made by the petitioner addressing the Secretary, Ministry of Education Annexure-H to the petition Mr. Siddiq has also pointed out that where the petitioner himself has prayed for alternative remedy by way of compensation he cannot invoke the writ jurisdiction compelling the respondent to is..Category: Others | Date: | Hits: 133
Bulu and others Vs. State, 1992, 21 CLC (HCD)
....elied on. All the witnesses from 4‑10 produced by the prosecution while examined in the court denied to have seen the occurrence though the death of Abu Sayeed is admitted by them. Finding no other alternative the witnesses were declared hostile and cross‑examined by the prosecution. But there a......rat Ali and others Vs. State, 1984 BLD 257; Yusuf Sk. Vs. Appellate Tribunal and another, 29 DLR (SC) 211. Lawyers Involved: Shamsul Huq Chowdhury with Ali Akbar and Golam Ashek, Advocates ‑ For the Appellant (In Criminal Appeal No. 500 of 1990). Serajul Huq with Aminul Huq and ABM Golam ......evelled against them. It is directed that they should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 79. ..Category: Criminal Law | Date: | Hits: 83
Tobarak Ali Sikder Vs. Administrator of Waqfs, 1992, 21 CLC (HCD)
....the Waqf Ordinance is without jurisdiction and has, therefore, no legal effect. The parties are to bear their own costs in this case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 70.......e Court High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Tobarak Ali Sikder.....................Petitioner Vs. The Administrator of Waqfs……………...........Respondents Judgment November 4, 1992. Cases Referred ......aintainable as there are provisions for appeal in both section 32 and 35. In the case of Nuruzzaman Vs. Secretary Education Deptt. 17 DLR 46 it is held thus: “It has to be considered whether the remedy of appeal provided in sub‑section (2) of section 32 of the Ordnance is an adequate remedy w..Category: Trust/Waqf Law | Date: | Hits: 157
Ajiran Nessa Bewa and others Vs. Md. Abdul Mannan, 1992, 21 CLC (HCD)
....assed by the learned Munsif, Sreebordi, in OC Execution Case No.13 of 1984 is set aside and the execution case is dismissed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 66, 29 BLD 323.......itioners. Vs. Md. Abdul Mannan .......Opposite‑party Judgment April 30, 1992. Result: The rule is made absolute. Cases Referred to- Barhanuddin Ahmed Vs. Veda Brata Chakraborty, 16 DLR 61; Moyna Mia Vs. Haji Abdus Samad, 33 DLR 207; Saleh Ahmed Chowdhury Vs. Kabir Ahmed, ......d in the Code. When there is violation of a prohibitory decree there remains as such no decree to be enforced in the said sense of execution. In fact, the violation is a fresh cause of action and the remedy lies in a separate suit. 15. Furthermore heading of Part 11 of the Code containing section..Category: Procedural Law | Date: | Hits: 95
Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ink that the said question has any relevance. For all the above reasons the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 13. ......Taib Ali & others......................................Opposite Parties Judgment June 14, 1989. Result: The Rule is discharged. Where the plaintiff withdraws from a suit, or abandons part of a claim, without the permission referred to sub-rule (2) he shall be liable for ...... Section 10 code of civil procedure There is absolutely no legal bar in instituting as many suits as the plaintiff can on the same cause of action in as many different forums as he chooses. The remedy of the common defendant in the multifarious suits will be governed by section 10 of the code ..Category: Procedural Law | Date: | Hits: 92
....herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
......Ed.
This Case is also Reported in: 48 DLR (1996) 28.
......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
..
Category: Intellectual Property Law | Date: | Hits: 224
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......r. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......the High Court Division in accordance with clause (1) of Article 102, for the enforcement of the rights conferred by this Part is guaranteed." 61. Even assuming that a person might have concurrent remedy before any other forum including an administrative Tribunal for redness of his grievance, if ..Category: Employment/Service Law | Date: | Hits: 173
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......€¦â€¦â€¦â€¦.Petitioner Vs. Hamidul Huq ChowÂdhury and others..............Respondents (In Civil Petition Nos. 30 & 31 of 1982) And Syed Ali...............Petitioner Vs. Director-General, BDR and others.........Respondents (In Civil Petition No. 9 of 1981) And Mofizur R......ay be appropriate for the enforceÂment of any of the fundamental rights conferred by Part III of this Constitution. (2) 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..Category: Constitutional Law | Date: | Hits: 181
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......s. Subdrajan, 30 Madras, 535; Mathura Vs. Ram Charan, 37 Allahabad, 208; Dhonai Sikder Vs. Tarak Nath, 12 CLJ, 53; Abdul Jalil Bhuiyan Vs. Majibar, 12 DLR 581. Lawyers Involved: S.R. Paul, Senior Advocate instructed by Abu Bakkar, Advocate-on-Record - For the Appellant. M.C. Rabbabi, Adv...... under which, where the decree is of such a nature that it cannot be set aside as against such defendants only, it may be set aside against all or any of the other defendants also. Apart from this remedy as provided by rule 13, an ex parte decree can be challenged; (i) by an appeal under section ..Category: Procedural Law | Date: | Hits: 80
Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ner to pay up to date rent for the space let out to them at the rate as agreed upon in the agreement and to have the agreement renewed for further one year on the same terms and conditions and in the alternative if they are not at all willing to renew the agreement, to surrender the space to the res......eported in: 16 BLC (AD) (2011) 37. ...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..Category: Property Law | Date: | Hits: 126
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ...... 225. ...... of Parliament, and he must do this not only from the language of the statute, but also from a consideration of the social conditions which gave rise to it, and of the mischief which it was passed to remedy, and then he must supplement the written would so as to give 'force and life' to the intentio..Category: Tenancy Law | Date: | Hits: 210
Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)
..... The respondent No.6, on the other hand, submits that the petitioner sought the interference of the High Court Division knowing fully well that the remedy is not available and without exhausting the alternative remedies available to him. The Trade Organisations Ordinance, 1961 provides a forum for ......00) 659. ......continue to hold the office as the President. 19. The respondent No.6, on the other hand, submits that the petitioner sought the interference of the High Court Division knowing fully well that the remedy is not available and without exhausting the alternative remedies available to him. The Trade ..Category: Others | Date: | Hits: 123
Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)
....peal but an appeal under the section is against ‘the order of any officer or authority of the University’ to the Vice Chancellor. But this election petition is purely on law points therefore, the alternative remedy under Article 52 is not a bar to invoke writ jurisdiction for interpretation of l....... Dhaka University and others………………Respondents Judgment July 12, 2000. Cases Referred To- Controller of Examination, Dhaka University Vs. Mohiuddin, 44 DLR (AD) 305; Professor Nurul Amin Bepari Vs. Vice Chancellor Dhaka University and others, 50 DLR 405; Mian Jamal Shah Vs......h panel of candidates would win. 18. Lastly, filing of an election petition to the Vice chancellor as provided under sub-section (17) (ii) of section 46 is not only an inadequate and inefficacious remedy, but also futile for the following, among other reasons: (a) Under sub-section (17)(ii)(c)..Category: Election Law | Date: | Hits: 105
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......urisdiction) Present: AFM Abdur Rahman J Fazlur Rahman & Co. Private Ltd. Nahar Mansions, 150 Motijheel C.A. Dhaka…........…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port……...... was no delay in the arrival of the vessel. It has been denied that the owners had any contract with the plaintiff that if there has been any delay in arrival of the vessel, the plaintiff should seek remedy from the supplier, as there cannot be any specific time within which the ocean going vessel w..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
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