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Zahur Ahmed Vs. Commissioner of Customs and other, 1999, 28 CLC (HCD)
....ioner Vs. Commissioner of Customs and other………......Respondents Judgment February 3, 1999. Result: The Rule is discharged. Writ petition is not maintainable when there is alternative forum for seeking remedy by way of appeal. Mere allegation of violation of the provision...... Commissioner of Customs and other………......Respondents Judgment February 3, 1999. Result: The Rule is discharged. Writ petition is not maintainable when there is alternative forum for seeking remedy by way of appeal. Mere allegation of violation of the provisions of law cann......f Customs and other………......Respondents Judgment February 3, 1999. Result: The Rule is discharged. Writ petition is not maintainable when there is alternative forum for seeking remedy by way of appeal. Mere allegation of violation of the provisions of law cannot give rise to a..Category: Fiscal/Taxation Law | Date: | Hits: 84
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
.... relegate the same to the bench officer and allow the accused to continue as before. If the Sessions Judge fails to consider the prayer for bail on merit due to heavy pressure of work he has no other alternative but to send the accused to jail custody. The practice of allowing the accused to continu......) 624; 35 DLR 167; 33 DLR 77; 40 DLR 507 and CrLJ 1981 page 229, 11 BLD (AD) 64 (1991), BCR 1987 (AD) 143, CrLJ 1982 page 2109 PLD 1972 (SC) 81. Lawyers Involved: Mahbubur Rahman, Advocate — For the Petitioners. M A Rouf, Assistant Attorney-General — For the State. Criminal Miscella......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199...Category: Criminal Law | Date: | Hits: 33
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ......iaquat Hossain Chowdhury vs. Mir Ali Hossain and others 1981 BLD 93; Bangladesh Tobacco Company Ltd. and others vs. Ms. M Arfan Khan and Company Ltd. 1983 BCR (AD) 18, Humayun M Vohra vs. ESPN STAR Sports and others, 8 MLR (AD) 74 = 55 DLR (AD) 99, AIR 1978 (SC) 1341; PLD 1970 (SC) 139; Abdul Jalil ...... caterer held that the licensee was entitled to a reasonable notice in accordance with provisions of section 63 of the Easements Act. If however, the licence was revoked without reasonable notice the remedy of the licensee was by way of damages not by way of an injunction. Here, in the case before u..Category: Civil Law | Date: | Hits: 148
World Tel Bangladesh Ltd. Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....-exhaustion of the remedy of arbitration. Rejecting the contention of the respondents, the Appellate Division held as follows: "With regard to the availability of arbitration and civil suit as an alternative remedy, Article 102 of the Constitution provides that if there is "no other equally effi......(2006) 14.......se, in short, is that the exclusivity clause of the Licence Agreement is against public policy and is, therefore, void. The Writ Petition is ex-facie not maintainable for nonexhaustion of efficacious remedy of arbitration. The petitioner obtained the exclusivity clause fraudulently. The Licence Agre..Category: Information Technology Law | Date: | Hits: 321
Selim Reza Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ile the present writ petition and obtain the Rule. He also submits that since the respondent No. 7 is found to be the highest bidder, lease of the said Cattle Hat should be granted to him, or, in the alternative, there should be a fresh tender. The learned Assistant Attorney-General however, submits......¦â€¦â€¦â€¦â€¦Petitioner Vs. Government of Bangladesh and others………………………. Respondents. Judgment August 13, 2005. Lawyers Involved: Md. Tashadduk Hasan, Advocate—For the Petitioner. Ms. Nahid Mahtab Assistant Attorney-General—For Respondent No. 1. Sheikh ......Rule is made absolute without any order as to costs. The office is directed to communicate this order to the respondents for information. Ed. This Case is also Reported in: 58 DLR (2006) 1. ..Category: Others | Date: | Hits: 114
..... Section 4 is a Savings clause and the meaning of this section is that if anything in the Code is in conflict with the special law, the Court shall not over-ride the inconsistent provision or in the alternative, section 4 does not bar the applicability of the Code where the special law is silent. T......d.
This Case is also Reported in: 53 DLR (HCD) (2001) 488.
......ing the pendency of the said appeal, he instituted the Civil Suit. Upon consideration of the said aspect, the Deputy Commissioner held that the matter relates to service of the opposite party and his remedy lies before the authority under whom he was serving and therefore the Civil Suit instituted u..
Category: Civil Law | Date: | Hits: 89
Hamza Rubber Industries Vs. Golam Dastagir Gazi, 2001, 30 CLC (HCD)
.... to be misconceived. Mr. Bhuiyan submits in reply that seeing the advertisement, the suit was filed and injunction was prayed for. Remedies under section 15 of the Act cannot be supposed either to be alternative nor are the provisions of section 73 of the Act made subject to the section. 14. Sect...... Judgment June 28, 2001. Cases Referred To- Abdul Jabbar and another Vs. Ahmad Jan, PLD 1973 Karachi 289; Messers Burney’s Industrial and Commercial Co. Ltd. Vs. Messers Rehman Match Works, PLD 1983 Karachi 357; Dacca Match Factory Vs. Bangladesh Match Factory, 30 DLR 244; De Cordova...... is also discharged and order of ad-interim injunction granted at the time of issue of the Rule is also vacated. Communicate at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 430. ..Category: Intellectual Property Law | Date: | Hits: 230
Sogra Begum Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....es not appear to us to be a fit case for granting a certificate as prayed for. Hence the prayer is rejected. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 420, 26 BLD (HCD) (2006) 301. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Applicant Vs. Commissioner of Taxes ……………………………Respondent. Judgment August 20, 2000. Lawyers Involved: Md. Altaf Hossain, Advocate—For the Applicant. Not represented—the Respondent. Reference Application No. 78 of 2000. J......ew of these facts and circumstances it cannot be said that the petitioner was prevented by sufficient cause in filing the reference application in time. The petitioner voluntarily decided to seek her remedy under section 173 of the Ordinance rather than filing a reference under section 160 of the Or..Category: Fiscal/Taxation Law | Date: | Hits: 108
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....not be cancelled under Section 9 of the Construction Act within seven days from the date of receipt of the notice. 18. As the petitioners failed to show any cause, the RAJUK was left with no other alternative but to cancel the sanction by its decision dated 21-06-99. The petitioner was accordingl...... Singh, (1989) 2 SCC 505; Munnich Vs. Godstone RDC, (1996) 1 WLR 427, at p. 435. Lawers Involved: M Amir ul Islam with A Hasib, Tania Amir, MA Tariq, MA Hannan and Manzil Murshed, Advocates—For the Petitioners. AKM Saifuddin Ahmed with Masood Reza Sobhan, Mahmuda Parveen Poppy, Advocates......he sanctioned plan or what prohibitions were imposed on the land in question after granting of sanction are not there. The purpose of a statutory notice is to give an opportunity to show cause and to remedy or amend the wrong done before the proposed action to be taken. It is a requirement of a fair..Category: Property Law | Date: | Hits: 125
....re the writ Court by the concerned Ministry of the government it cannot be said that the interest of the review petitioners has been affected by the judgment under review. It is also contended in the alternative that to allow the review petition would mean to allow another opportunity for rehearing ......sh Vs. Md. Masder Hosain, 7 BLC (AD) 92; Hussain Bakhsh Vs. Settlement Commissioner, Rawalpindi PLD, 1970 SC 1 = 21 DLR (SC) 456; Fehmida Khatoon Vs. Additional Deputy Commissioner (Consolidation) Lahore and others, PLD 1975 Lahore 942; Hussain Bakhsh Vs. Settlement Commissioner, Rawalpindi, PLD 197......
6. Mr. Samsuddin Babul, the learned Advocate for the respondent No.1, in reply, submits that since Article 102 of the Constitution has created writ jurisdiction with summary proceeding for a quick remedy, no review lies against the judgment passed in the writ proceeding. Present review petition i..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....ond the expiration of the original limitation period, cannot revive the recoverability of a time barred debt. Simultaneously, he also brought into the scenario section 25(3) of the Contract Act as an alternative submission, making a tirade effort to sway us to accept that in any event the said secti...... 1924 All 551; Nathu Sing Vs. Girwar Sing, AIR 1929 All 657; Puliyath Govinda Nayar Vs. Parekalattil Achutan Nair, AIR 1940 Mad 678. Lawyers Involved: Abul Hasnat with M Maniruzzaman, Advocate-For the Appellant. Not represented-Â the Respondent. Appeal from Original Decree No. 644 of 19...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. Â ..Category: Banking Law | Date: | Hits: 215
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....It is stated that due to non compliance of the terms and conditions including non payment of monthly rent as agreed in Writ Petition No. 42 of 1960, the predecessor of the appellants finding no other alternative filed an application to the respondent-opposite party No. 1, the Deputy Commissioner, Dh......st Pakistan, 14 DLR 486; Province of East Pakistan Vs. Kalu Mia, 13 DLR 528; Province of East Pakistan Vs. Sharafatullah, 19 DLR 237. Lawyers Involved: MA Samad with MGH Ruhullah, Advocates‑ For the Appellants. Mahbubey Alam with Md. Harun-or-Rashid, Advocates-For Respondent No. 3. Nih......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....ernment of the Peoples’ Republic of Bangladesh and others Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku reported in 60 DLR (AD) 147 wherein the Appellate Division held that availability of alternative remedy by way of appeal or revision will not stand on the way when the question of law a......ic of Bangladesh and others Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku, 60 DLR (AD) 147; 49 DLR (AD) 111; 40 DLR (AD) 206; 15 MLR (AD) 141. Lawyers Involved: Md. Rafique-ul-Huq, Senior Advocate with Ahsanul Karim, Advocate, instructed by Md. Aftab HossAin, Advocate-On-Record-For th......aled; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punish..Category: Civil Law | Date: | Hits: 174
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ney-General, he submits that the petitioner approached the concerned Authorities since 1965 for tier redress, she filed an application before the Official Liquidator also and lastly, finding no other alternative she filed a suit for specific performance of the contract but the plaint of the said sui......nt March 1, 2004. Cases Referred to- Buxly Paints Ltd Vs. Bangladesh Government 31 DLR (AD) 266; Chairman, Bangladesh Steel Mills Vs. Mosood Reza 30 DLR (SC) 169; Bangladesh Vs. Dhaka Steel Works Ltd 45 DLR (AD) 71 and Rahima Akhter Vs. AK Bose 40 DLR (AD) 23. Lawyers involved: Khondk......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ..Category: Business or Commercial Law | Date: | Hits: 194
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
....unt. Consequently, the defendant No. 1 sent the plaintiff to her father's house. After few days the plaintiff gave birth to a son and she is living in her father's house in distress. Finding no other alternative she went to the house of defendant No. 1 on 29‑11‑1998 and asked the defendant No. 1......November 15, 2003. Cases Referred to- Dr. ALM Abdullah Vs. Rokeya Khatun, 21 DLR 213; Anwar Hossain Vs. Momtaz Begum, 4 BLC 521; Abdul Gani and others Vs. Tale Bibi and others, PLD 1962 (WP) Lahore 531; Tazagul Vs. Bibi Ayesa, PLD 1961 (Peshawar) 17; Abdus Sattar being dead his heirs Saira Kha...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ..Category: Family Law | Date: | Hits: 186
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....is whether a police officer has power to apprehend any person under section 54 of the Code for the purpose of putting him in preventive detention and for showing him arrested in pending cases. In the alternative, whether a police officer can use section 54 of the Code for collateral purposes of dete...... Bihar, AIR 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 1959 SC 707; Directorate of Enforcement Vs. Deepak Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR ......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
.... before the bank for encashment. After dishonour of the cheques he brought this fact to the notice of the accused-petitioner who made dilatory tactics in making payment of the money. Finding no other alternative he issued legal notice through his Advocate on 27‑11‑1999. The accused-petitioner in...... another, 1987 BLD (AD) 32; Shaikh Ohadul Haque Vs. Rezaur Rahman Khan, 1987 BLD 23 = 38 DLR 105, Shah Jahan Vs. Atiqur Rahman, 1987 BLD 164. Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Accused-Petitioner. Alam Uddin, Advocate-For opposite Party No. 2. Md Moklesur Rahman Z......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..Category: Criminal Law | Date: | Hits: 38
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......diction)
Present:
Md. Abdur Rashid J
S Rahman Miah J
Sultan Mahmud Chowdhury ............................................................Appellant
Vs.
Secretary, Ministry of Public Works and Urban Development & others........Respondents
Judgment
March 22, 2004.
Case Re......establishing a printing press which could not be said to be for any manufacturing purpose. None of the notices issued by the defendant was sanctioned by law as the breach alleged was not incapable of remedy.
13. He submitted that lease was cancelled mala fide because before cancellation, the boar..
Category: Property Law | Date: | Hits: 73
Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)
..... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ......Judgment March 24, 2003. Case Referred to- Sk Ali Ahmed Vs. Secretary, Ministry of Home Affairs and others, 40 DLR (AD) 170. Lawyers Involved: MK Rahman with Md. Ruhul Quddus Advocate-For the Petitioner. MA Azim Khair, Deputy Attorney‑General with Ahsan Mahbub, Assistant Attorney......ition there being no statement in the application that the petitioner was on bail and that he was, in fact, a fugitive and being fugitive in a criminal case is also fugitive front justice to seek any remedy in this application under Article 102 of the Constitution which is an equitable relief. More ..Category: Criminal Law | Date: | Hits: 63
State Vs. Shah Alam, 2003, 32 CLC (HCD)
....nder section 302 of the Penal Code for the murder of Jannati Khatoon and sentencing him to death. Accordingly, the impugned order of conviction and sentence is liable to be set aside. (iii) In the alternative, even assuming that the prosecution has succeeded in proving that Topi was, in fact, dec......ent November 10, 2003. Cases Referred to- Abul Kashem and others Vs. State, 1990 BLD (AD) 210; Abdul Khaleque and others Vs. State 48 DLR 446. Lawyers Involved: Golam Kibria, Deputy Attorney‑General with Ms. Snigdha Huq, Assistant Attorney-General-For the State. Zahidul Bari with...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..Category: Criminal Law | Date: | Hits: 54
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