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National Board of Revenue Vs. Abu Saeed Khan and others, 2012, 41 CLC (AD)
....victims. The appeals are, therefore, allowed without any order as to costs with the above observations. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 116. ...... meant to protect basic human rights of the disadvantaged citizens and the High Court Division should guard that the filing of such petition does not convert into a "publicity interest litigation" or "private interest litigation". In this type of petition, a jurisprudence has been innovated whe......nterest but also the fitness of the person for invoking the discretionary jurisdiction under Article 102 of the- Constitution. Ordinarily, it is the affected party which is to come to the Court for remedy. The Court in considering the question of standing in a particular case, if the affected pa..Category: Fiscal/Taxation Law | Date: 1 Aug, 2012 | Hits: 27
Monindra Nath Biswas Vs. Kantaram Mondal and others, 2012, 41 CLC (HCD)
.... Result: The Rule is discharged. Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other relief which is always be give....... Result: The Rule is discharged. Order VII Rule 7 of the Code of Civil Procedure provides that, the plaint shall state specifically the relief which the plaintiff claims either simple or in alternative and it shall not be necessary to ask for general or other relief which is always b......his Court stands vacated. The office is directed to send the lower Court's record. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 308. ..Category: Property Law, Procedural Law | Date: 31 Jul, 2012 | Hits: 5
Energy Prima Ltd Vs. People's Republic of Bangladesh and others, 2012, 41 CLC (HCD)
....f on the ground that since there is an Arbitration clause in the contracts dated 16-01-2008, the petition is not maintainable as the petitioner has come before this Court without availing of the alternative remedy as agreed by parties. 16. He further submits that when the private sector po.....................Respondents Judgment July 29, 2012. Result: Both the Rules are discharged. Cases Referred to- State of UP Vs. Bridge & Roof Co. (India) Ltd. Reported in AIR 1996 SC 3515 at 3520; Kanaiyalal Lalchand Sachdey Vs. State of Maharrashtra, 2 SCC 782;......und that since there is an Arbitration clause in the contracts dated 16-01-2008, the petition is not maintainable as the petitioner has come before this Court without availing of the alternative remedy as agreed by parties. 16. He further submits that when the private sector power generati..Category: Business or Commercial Law, Constitutional Law | Date: 29 Jul, 2012 | Hits: 6
State Vs. Md. Aman Ullah Aman, 2012, 41 CLC (AD)
....y exercising extraordinary powers............................(5) The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A The inherent powers of the High Court Division is neither alternative nor additional in its correct sense and is to be rarely invoked only in the interest of ...... Judgment July 26, 2012. Result: This petition is disposed of with observations. Jurisdiction of a Court The jurisdiction of a Court or tribunal means the conditions on which the right of power of it to determine a matter depends. It......ial justice………………(9) If the Magistrate passes an order of police remand despite the fact that the accused-respondent has been suffering for ailment, the accused-respondent has his remedy to prefer a revision petition before the learned Metropolitan Sessions Judge against the said..Category: Procedural Law | Date: 26 Jul, 2012 | Hits: 32
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....dated 21.1.2002 passed by the High Court Division in Writ Petition No.3445 of 1998.) Judgment Surendra Kumar Sinha J. - The question arose that in this appeal is whether in presence of an alternative remedy, the High Court Division is justified in invoking its writ jurisdiction to inter...... Vs. Mir Md. Imam Hossain………………………….Respondent Judgment July 17, 2012. Result: The appeal is dismissed. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants. Abdur Rob Ch......002 passed by the High Court Division in Writ Petition No.3445 of 1998.) Judgment Surendra Kumar Sinha J. - The question arose that in this appeal is whether in presence of an alternative remedy, the High Court Division is justified in invoking its writ jurisdiction to interfere with th..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)
....ith the writ petition and the impugned judgment and submits that the review petition filed by the writ petitioner was not maintainable and that the writ petition is also not maintainable in view of alternative remedy available to the writ petitioner. It is further argued that the High Court Divi......ve is granted. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) 111; Bangladesh Vs. Safiuddin and others, 3 BLC (AD) 6. Lawyers Involved: Rajik-al-Jalil Deputy Attorney General, instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record—For the Petitioners. ...... petition and the impugned judgment and submits that the review petition filed by the writ petitioner was not maintainable and that the writ petition is also not maintainable in view of alternative remedy available to the writ petitioner. It is further argued that the High Court Division failed ..Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4
Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)
....disposing of the writ petition totally failed to consider the above mentioned provisions of the Ain, 2003. In the context, we feel it necessary to reiterate the statement of law that when there is an alternative forum provided by a Statute, here the Ain, 2003, the power of Judicial review under arti......, Sirajgonj........Respondent Judgment July 8, 2012. Result: The petition is disposed of. Lawyers Involved: Mohammad Ali Akanda, Advocate instructed by Haridas Paul, Advocate-on-Record-For the Petitioner. Awlad Ali, Senior Advocate (with Mamunor Rashid, Advocate) instructed by ......uch observation the learned Advocate for the petitioner got the Rule discharged as being not pressed have not been denied. Therefore, we find nothing wrong on the part of the petitioner to pursue his remedy in a proper forum, and we are constrained to say that the revisional Court without caring to ..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143
Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)
....ged on 31.07.2007. Thereafter, the suit proceeded and the same was dismissed on 22.10.2009 on contest and decree was drawn up on 29.10.2009. Against the said decree, the petitioner had an efficacious/alternative remedy by way of filing an appeal under section 96 of the Code, but instead filed the wr...... Vs. District Judge, Dhaka & others.......Respondents Judgment July 8, 2012. Result: The petition is dismissed. Lawyers Involved: Safi Uddin, in person -For the Petitioner. Syed Shaheed Hossain, Advocate, instructed by Md. Zahirul Islam, Advocate-on......ed on such default; in accordance with the provisions of section 128(2) (f) (i) of the Code “The Summary Procedure on Negotiable Instruments”under Order XXXVII of the Code is the only efficacious remedy. 8. From the impugned judgment and order as well as from the record, it further appears..Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....rgued that against the impugned dismissal order the writ petitioner had an opportunity to file an appeal as per Regulation 59 of the Regulations 1979 and since the appeal was an equally efficacious alternative remedy, the writ petition was not maintainable. The learned advocate has argued also tha......on (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Bangladesh Biman Corporation and others..............Appellants Vs. Riaz Uddin Ahmed and others.......................gainst the impugned dismissal order the writ petitioner had an opportunity to file an appeal as per Regulation 59 of the Regulations 1979 and since the appeal was an equally efficacious alternative remedy, the writ petition was not maintainable. The learned advocate has argued also that though the..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......ke step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) after any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....way and the victim being frightened started running away towards Khapara lane/Appellants by chasing took her on the bank of Idris Ali's pond and gheraoed her when the victim finding no other alternative jumped into the pond. The appellants did not rescue her and as the victim could not swim......;…………………………….............Respondent Judgment June 3, 2012. Result: The appeal is allowed in part by majority decision. Death Reference No.44 of 2002 heard analogously with Criminal Appeal No.29......000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....of the respondent No.1 the petitioner is entitled to liquidity damage equal to U S$ 1000 only for each day of delay in supplying the equipments to the petitioner. Thus the petitioner finding no other alternative serve a legal notice dated 7th August, 2011 upon the respondent No.1 wherein the problem...... the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......nvoice. In the meantime, one Mr. Shahriar Husayn, the Account Manager of the petitioner made a e-mail to the respondent No. 1 with a comprehensive set of the recommendation for the respondent No.1 to remedy the problems faced by the petitioner which quantified the Hardware requirements at US$ 45,000..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
....28-2-2007 and adjusted the same by deducting in the current account register and stopped the supply of goods, till having positive balance in the said register. Hence the petitioner, finding no other alternative and efficacious remedy against the aforesaid mala fide action if the respondent No. 3, w....... Vs. Chairman National Board of Revenue, 60 DLR 287 and Commissioner of Customs, Excise and VAT Vs. Customs Excise and VAT Appellate Tribunal, 8 BLC 329.
Lawyers Involved:
MA Hannan—For the Petitioner.
Israt Jahan Assistant Attorney-General—For the Respondents.
Writ ......ame by deducting in the current account register and stopped the supply of goods, till having positive balance in the said register. Hence the petitioner, finding no other alternative and efficacious remedy against the aforesaid mala fide action if the respondent No. 3, was compelled to file this wr..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
....fzur Rahman (Md.) Vs. Shamsun Nahar Begum reported in 57 DLR (AD) 172, this Court observed as follows: "The law requires that the relief must be specifically claimed either simply or in the alternative. It is true that general or other relief which the Court may think just may be granted a......which may include the, power to award compensation in appropriate cases. The power of the High Court Division under Article 102 is very wide and is not fettered by any legal constaints in the enforcement of the fundamental rights inasmuch as the High Court Division powers to issue such directio......addition to the sum of Rs 5,000 already paid by it. While passing the judgment of the Court Chandrachud, CJ observed as under: "The petitioner could have been relegated to the ordinary remedy of a suit if his claim to compensation was factually controversial, in the sense that a civil..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....ayed for in the plaint of the suit, the Full Board had to sustain mutation of the aforesaid 7 R.S. plots measuring 5.17 acres in the name of Moqbul Ahmed. Simultaneously the Full Board had no other alternative but to sustain mutation in the name of Abdus Sattar Chowdhury in respect of 12 S.A. plo...... Khurshid Nayeem and others......................Respondents Judgment May 28 and 29, 2012. Result: The petition is dismissed. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Mahmudul Isla......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Topon Kumar Roy Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ই”। 8. Being aggrieved by the aforesaid impugned officer order vide memo No. ৭জি/৩১৭/ক-৩/০৫/(অংশ-১/১২০২৫/২ dated 13-12-2011 and having no other alternative and efficacious remedy, the petitioner was compelled to file this instant applicati......rs.......................Respondents Judgment May 24, 2012 Result: The Rule is made absolute. Constitution of Bangladesh, 1972; Article 102 (2) (a) (ii) Exercising Statutory Direction- A statutory authority must address himself properly in law in the exercise of st...... aggrieved by the aforesaid impugned officer order vide memo No. ৭জি/৩১৭/ক-৩/০৫/(অংশ-১/১২০২৫/২ dated 13-12-2011 and having no other alternative and efficacious remedy, the petitioner was compelled to file this instant application under Article 102 of the ..Category: Administrative Law, Constitutional Law | Date: 24 May, 2012 | Hits: 8
Golam Ambia (Harun) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....he petitioner served demand justice notice (Annexure-F to the writ petition) on 1-2-2010 through registered post requesting them to receive rent from the petitioner but without any result. Finding no alternative way the petitioner moved to this Court by filling this writ petition and obtained the pr......s and they become legally bound to mutate the name of the petitioner as per judgment passed by the courts below………......(8) Lawyers Involved: Md. Abdul Haque, Advocate-For the Petitioner. Md. Mokleshur Rahman, Deputy Attorney-General with Ms.Nusrat Jahan, Assistan......trkt-Mymensingh within 2(two) months from the date of receipt of this judgment. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 379. ..Category: Others | Date: 22 May, 2012 | Hits: 9
Bangladesh Biman Airlines Limited and others Vs. Emran Ahmed and others, 2012, 41 CLC (AD)
....rcise of the power conferred by regulation 52(1) of the Regulations without giving any stigma to the writ petitioners; that the petitions are not maintainable, inasmuch as, the writ petitioners had alternative remedy under Regulation 59 of the regulations and that in the absence of any stigma in t......ir Miah and another...........Respondents (In Civil Review Petition No.11 of 2012) Order May 20, 2012. Result: Leave is granted. Cases Referred to- Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md), 43 DLR (AD) 154; Bangladesh Bank Vs. Mohammad Abdul Mann...... power conferred by regulation 52(1) of the Regulations without giving any stigma to the writ petitioners; that the petitions are not maintainable, inasmuch as, the writ petitioners had alternative remedy under Regulation 59 of the regulations and that in the absence of any stigma in the impugned ..Category: Employment/Service Law | Date: 20 May, 2012 | Hits: 135
Seven Circle Bangladesh Ltd Vs. Labour Appel¬late Tribunal, 2012, 41 CLC (HCD)
....reby declared to have been passed without lawful authority and is of no legal effect. There shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 122. ......he Rule is made absolute. Cases Referred to- Iqbal Hossain Vs. Chairman, Labour Appellate Tribunal 16 BLC 889. Lawyers Involved: Abdur Razaque Khan with Md. Nurul Huda, Advocates-For the Petitioner. Choudhury Sanaqwar, Advocate—For the Respondents. Writ Petition N......hat a judgment of a Labour Court would be "final" there is no scope for him to prefer any Appeal to the Labour Appellate Tribunal. Although the new act of 2006 provided him with such a remedy nevertheless since the dispute was adjudicated under the old Act there was no scope for any a..Category: Labour and Industrial Law | Date: 15 May, 2012 | Hits: 23
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....ve observed above, there was no infraction of any right of the petitioner as he was holding and continuing in the office of Managing Director of a statutory bank without any legal sanction. Or in the alternative, he has no legal authority to hold the office of Managing Director as he has no legal ba...... Khairul Haquc 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 Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum a......ve observations. The parties would bear their respective costs. Ed. This Case is also Reported in: VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
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