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Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......dents Judgment July 25, 1999. Cases Referred To- Management Board, AR Howlader Jute Mills Ltd. Madaripur Vs. Chairman of the 1st Labour Court and others, 28 DLR 368; Deputy Managing Director, National Bank of Pakistan, Dacca and another Vs. Kazi Fazlul Karim and another, 28 DLR 445; Abul......there is no such bar of limitation therein as has been contended. Secondly, the argument is fallacious in view of the fact that under the provisions of the Standing Orders Act what was barred was the remedy under it, but the rights secured to a worker under section 19 were not extinguished. There is..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
.... he can take cognizance of the offence against the accused under section 190(1)(b) of the Code of Criminal Procedure. But in a case where the Magistrate accepts the ‘final report’ he has no other alternative but to discharge the accused person under the amended provisions of the Code. While disc......ir Badsha Vs. State, 15 DLR (SC) 55; Abdus Salam Master and another Vs. State, 36 DLR (AD) 58; Abdus Salam @ Salam and another Vs. State, 36 DLR (AD) 58. Lawyers Involved: MA Wahab, Advocate—For the Petitioner. Shueb Ahmed, Assistant Attorney-General—For the State. Criminal Revision ....... 11. In cases where a complaint has been dismissed under section 203 or under sub-section (3) of section 204 or into the case of any person accused of an offence who has been discharged, specific remedy has been provided in section 436 of the Code of Criminal Procedure, against such order of dis..Category: Criminal Law | Date: | Hits: 56
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......h, represented by the Secretary, Ministry of Communication, Secretariat Building, Ramna, Dhaka and others .......Respondents Judgment October 3, 2010. Lawyers Involved: Md. Awlad Ali, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not rep...... under section 5(7) of the Act, the acquired property vested absolutely in the Government free from all encumbrances and such acquisition cannot be attacked on any grounds whatsoever other that the remedy provided in the Act. Whether or not the compensation was duly paid to the real owners is a di..Category: Property Law | Date: | Hits: 58
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ......resented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives and others. ........Respondents Judgment February 4, 2010. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Abdul Salam ......t-in-opposition contested the writ petition contending, inter-alia, that the petitioner misinterpreted clause 24 of the terms of contract and that the petitioner did not avail the provisions of remedy available to him under clause 24 of the Contract Agreement. In clause 24 of the terms of Cont..Category: Others | Date: | Hits: 118
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......er Vs. Bangladesh and others ………………………………….Respondents. Judgment November 20, 2005. Lawyers Involved: Shahabuddin Ahmad with Kazi Zinat Haque, Advocates—For the Petitioner. AFM Mesbahuddin with MA Gaffar Advocates—For Respondent No. 6. Sathika Ho......said provision of law and the impugned order was passed in violation of the provision of law and the impugned order being highly unfair having been designedly passed giving virtually no scope to seek remedy before the administrative forum the petitioner has been constrained to come before this Hon'b..Category: Employment/Service Law | Date: | Hits: 81
Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)
....t wants to and then, write out the judgment in the light of our observations made hereinbefore. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 392. ...... Case is also Reported in: 56 DLR (2004) 392. ......submitted that the KEB was well aware of the discrepancies in the documents, namely, shipment made after due date of shipment and even after expiry of the letter of credit, the KEB would not have any remedy in law except pursuing the beneficiary. 77. He submitted that if the KEB was not a par..Category: Business or Commercial Law | Date: | Hits: 289
....to the bank. The respondent No. 3 has filed Money Suit No. 74 of 2002 in the Court of Artha Rin Adalat, Chittagong for realisation of Taka 78,59,661.57 and, as such, the Rule should be discharged. An alternative equally efficacious remedy is available since the respondent bank has already filed Mone......………………………..Respondents.
Judgment
February 23, 2006.
Cases Referred to-
Stadmax Ltd. Vs. Bangladesh Bank, 50 DLR 594; Paul and Co. Narayanganj Vs. Bangladesh Bank & ors, 45 DLR 8; Shahajadi Begum Waqf Estate Vs. Secretary, Ministry of Communication (Roads and Railw......is not a limit given sanctioned by the respondent No. 3, the same cannot be called in question by the petitioners, in special original jurisdiction before this Hon'ble Court and that the petitioners' remedy, if any, lies in a civil suit not in writ jurisdiction. The petitioners have not brought any ..
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
.... that the provisions of the Code of Criminal Procedure having been made not applicable in the case of forfeiture of the vessel under the Marine Fisheries Ordinance, 1983, the petitioner have no other alternative remedy than to take recourse under the writ jurisdiction as per Article 102 of the Const......…………….Petitioner Vs. Government of Bangladesh and others………….Respondents. Judgment December 12, 2005. Cases Referred to- Dhaka Warehouse Ltd. Vs. Assistant Collector of Customs and others, 1991 BLD (AD) 227; Tapashi Bhattacharjee Vs. Bangladesh & others, 2004......at the Marine Fisheries Ordinance, 1983 being a special law having no special provisions to seek any relief against the forfeiture of the vessel and the petitioner having no other equally efficacious remedy he is compelled to invoke the writ jurisdiction under Article 102 of the Constitution and, as..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abu Musa Kutub (Md.) Vs. Secretary, Election Commission and others, 2005, 34 CLC (HCD)
.... is discharged. The interim order passed at the time of issuance of the Rule, is herby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 450. ......n Commission and others ……….Respondents. Judgment July 18, 2005. Cases Referred to- Abid Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 34 DLR 145; Mohammad Hashem Vs. Safdar, ILR 14(Lahore) 473; Rafiqul Alam Vs. Mustafa Kamal and others, 42 DLR (AD) 138; NP Ponnu Swami Vs. Returning O......Respondent No. 4 illegally accepted the nomination paper of respondent No. 6. The petitioner also filed an application before respondent No. 5 but no action was taken. Finding no other efficacious remedy, the petitioner moved this Court and obtained the Rule Nisi. 3. At the time of issuance of..Category: Election Law | Date: | Hits: 87
Nazrul Islam (Md.) and another Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....order, vide letter dated 1-9-2004 (Annexure G). The petitioner submitted several representations stating the cause which prevented him from performing his part of the contract. 3. Finding no other alternative, the petitioners served notice upon the respondents demanding justice. Though the notice....... Judgment June 26, 2005. Case Referred to- Bangladesh Power Development Board and others Vs. Md. Asaduzzaman Sikder 9 BLC (AD) 1. Lawyers Involved: Subrata Chowdhury, Advocate—For the Petitioners. Mrinal Kanti Biswas, Advocate—For Respondent. Writ Petition No. 6402 of ......ate Division held that since the contract provided for arbitration of disputes arising out of the contract, the dispute brought in the Writ jurisdiction was not maintainable for non-exhaustion of the remedy provided in the contract. 9. In view of the aforesaid pronouncement of the Appellate Divis..Category: Business or Commercial Law | Date: | Hits: 186
Aftab Ali Sheikh (Md.) Vs. Director, Land Records and others, 2006, 35 CLC (HCD)
....ade and passed illegally and without lawful authority and to be of no legal effect. The stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 58 DLR (2006) 397.......pecial Original Jurisdiction) Present: Tariq ul Hakim J Afzal Hossain Ahmed J Aftab Ali Sheikh (Md.).............................................................Petitioner Vs. Director, Land Records and others………………………….Respondents. Judgment April 18, 2006......in. There must be finality of the litigation, otherwise, the authority would be burdened with endless trivial complaints that, however, do not mean that a person aggrieved will be totally without any remedy and he can seek appropriate relief before the civil Court, if so advised. Thus, for the re..Category: Property Law | Date: | Hits: 62
Alauddin (Md.) Vs. State and others, 2005, 34 CLC (HCD)
.... the Court or otherwise to secure the ends of justice. The inherent jurisdiction of the Court under section 561A should not be invoked where some other remedy is available. Section 561A is neither an alternative jurisdiction nor an additional jurisdiction but its jurisdiction is preserved in the int......Md. Ali Asgar Vs. Md. Esrail and others, 1999 BLD 517; State Vs. Khan Khawas, PLD 1967 Peshawar 23; Osman Gani Vs. Besharuddin Ahmed, 32 DLR 53. Lawyers Involved: Md. Nurul Mostafa, Advocate—For the accused-Petitioner. (In both cases) Md. Ahdus Sobhan Tarafdar, Advocate-For Opposite-Party......this Court or to prevent abuse of the process of the Court or otherwise to secure the ends of justice. The inherent jurisdiction of the Court under section 561A should not be invoked where some other remedy is available. Section 561A is neither an alternative jurisdiction nor an additional jurisdict..Category: Criminal Law | Date: | Hits: 55
Abdus Salam (Md.) Vs. Deputy Registrar of Trade Marks and others, 2005, 34 CLC (HCD)
....ar did not pass any final order disposing of the opposition case on merit but only the proceeding and trade marks Appeal No. 11 of 2002 is being disposed of by this judgment as well, we have no other alternative but to dismiss the appeal with direction to the Deputy Registrar, Dhaka to dispose of th......2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343.......a is directed to dispose of Trade Marks Appeal No. 5 of 2004 on merit in accordance with law. No order as to costs in any of the appeals. Ed. This Case is also Reported in: 58 DLR (2006) 343...Category: Intellectual Property Law | Date: | Hits: 189
....dinance, 1969 which entitles a worker in service to seek redress before the Labour Court, and submits that in view of such specific provisions under the law, the petitioner not having resorted to the alternative remedy these Rules are not maintainable. Mr. Tufailur Rahman further refers to the case ......tas Gas Transmission and Distribution Company Ltd. and others……..Respondents
Judgment
August 16, 2005.
Cases Referred to-
Abdul Mannan Talukder Vs. Bangladesh House Building Finance Corporation and another, 1990 BLD (AD) 71; Bangladesh Bank and others Vs. Zafar Ahmed Chowdhury and a......9 which entitles a worker in service to seek redress before the Labour Court, and submits that in view of such specific provisions under the law, the petitioner not having resorted to the alternative remedy these Rules are not maintainable. Mr. Tufailur Rahman further refers to the case of Abdul Man..
Category: Employment/Service Law | Date: | Hits: 75
Abdul Ahad Vs. State and another, 2005, 34 CLC (HCD)
....l run concurrently. Let a copy of the order along with LCR be sent to the concerned Court below at once for information and necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 311....... Vs. State and another……………………………………………….Opposite Parties. Judgment October 24, 2005. Lawyers Involved: Abdul Malek with Md. Shahjahan, Advocate—For the Accused-Petitioner. Abdur Razaque Khan, Additional Attorney-General, Md. Afsar Hossain, De......learned Magistrate will get no logistic support to prefer an appeal even against the decision of his higher authority like Additional District Magistrate and the admitted wrong will stand without any remedy which should not be allowed to continue in the interest of justice. In fact, there can be no ..Category: Criminal Law | Date: | Hits: 60
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......eps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ...... declared abandoned and accordingly, registration was effective in respect of the opposite party's application. It is contended on behalf of opposite party No. 1 that the petitioner did not avail the remedy provided by section 76 of the Act by filing any appeal against the order of the Registrar of ..Category: Intellectual Property Law | Date: | Hits: 386
Motleb Mondal Vs. State & others, 2005, 34 CLC (HCD)
....57/2000 in accordance with law and in the manner as directed in the cited decision as reported in 18 DLR SC 474. Copy is sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 282. ......ite Parties. Judgment August 29, 2005. Cases Referred to: 18 DLR (SC) 474; 6 BLC 17; Nur Elahi Vs. State and others, 8 DLR (SC) 474. Lawyers Involved: Md. Shamsul Huda, Advocate—For the Petitioner. Md. Abdur Rouf, Deputy Attorney-General—For the State-Opposite Parties. C......id sections on 5-9-95. 6. He submits that present petitioner Motleb Mondal, father of deceased victim Rezaul, being prevented by aforesaid Ainuddin Joarder and his group from praying for any legal remedy for the murder of his son Rezaul in the thana which also turned deaf ear to any approach by M..Category: Criminal Law | Date: | Hits: 41
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....t the defendant nos.1, 3-5, the borrower writ-petitioners. 10. Let it be known to all concerned if not already known that summons of a suit ought to be served, generally through process server and alternatively through registered post as a last resort, through publication of notice/summons in the......………………….. Petitioners Vs. Prime Global Limited and Others…………………………… Respondents Order February 22, 2011. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. Mahmud......from the date of receipt of this order in accordance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ..Category: Civil Law | Date: | Hits: 102
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ...... Judgment March 7, 2006. Case Referred to- Seth Shivrottam G Mohatta Vs. Messrs Mohammadi Steamship Co. Ltd, 17 DLR 487. Lawyers Involved: Sk Zulfiqur Bulbul Chowdhury, Advocate—For the petitioner HN Nondy, Advocate—For the Opposite Parties. Civil Revision No. 1255 of 20...... khatian in the name of others; that the plaintiff filed a case No. 129 of 1963 in the Union Parishad wherein the Chairman, union Parishad, by his Order dated 21-2-1963 directed the plaintiff to seek remedy in the civil Court. The defendant No. 1’s claim is based on an alleged patta dated 15-4-195..Category: Property Law | Date: | Hits: 115
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
...."We wish to make it clear that the first affidavit is not an affidavit begging unconditional apology from the Court. It is an affidavit contesting and challenging the Rule and seeking to establish an alternative case. The apology which has been tendered at the end is not an apology at all. There is ...... Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet…………… Contemners-Opposite Parties. Judgment May 24, 2005. Cases Referred to- State Vs. Farooq Ahmed, Subordinate Judge, 51 DLR 515 at page 516; Shamsur Rahman Vs. Tahera Nargis, 44 DLR (AD) 237; State Vs.......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
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