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Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)
....rn the bank guarantee, if any they received, within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 228. ......003. Case Referred to- Mustafa Kamal and another Vs. Commissioner of Customs and others 5 MLR (AD) 1 = 52 DLR (AD) 1. Lawyers Involved: AFM Mesbahuddin Ahmed with AM Aminuddin, Advocates-For the Petitioner. Syeda Afsar Jahan, Assistant Attorney-General-For the Respondents. Writ Pet...... 4. Mrs. Syeda Afsar Jahan, the learned Assistant Attorney-General, first submits that the impugned order being appealable under section 193 of the Customs Act and without exhausting such statutory remedy, the writ petition is not maintainable. Secondly, she submits that after a chemical test, it ..Category: Fiscal/Taxation Law | Date: | Hits: 78
Rezia Khatun Vs. State, 2004, 33 CLC (HCD)
....e petitioner could not prefer appeal to the High Court Division within the prescribed time of 60 days under section 417(2) of the Code of Criminal Procedure and as such the petitioner having no other alternative remedy has filed this present application. At last, he also submits that the case may be......……………………….Opposite Party Judgment March 13, 2004. Case Referred to- Abdul Hamed Mollah Vs. Ali Mollah 44 DLR (AD). Lawyers Involved: Khurshid Alam Khan, Advocate-For the Petitioner. Md. Altafur Rahman, Deputy Attorney-General-For the State. Criminal Miscell...... could not prefer appeal to the High Court Division within the prescribed time of 60 days under section 417(2) of the Code of Criminal Procedure and as such the petitioner having no other alternative remedy has filed this present application. At last, he also submits that the case may be sent back o..Category: Criminal Law | Date: | Hits: 39
State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)
....h him at the same trial." The prohibition as contained in section 5 of the Oaths Act and 342 (4) of the Code do not stand on the way in view of sub‑section (3) of section 340 of the Code. In the alternative, it may be said that sub‑section (3) of section 340 pro tanto repealed section 5 of th......LR SC 174. GS Bokshi Vs. State AIR 1979 SC 569, Pira Singh Vs. State of Punjab, AIR 1969 SC 961, Lachhi Ram Vs. State of Punjab, AIR 1967 SC 792. Lawyers Involved: Nikhilesh Dutta, Assistant Attorney-General with Mohammed Abdul Baset, Assistant Attorney‑General and Fara Mahmuda, Assistant At......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..Category: Criminal Law | Date: | Hits: 110
Salahuddin Talukder (Md) Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....r, Appraiser and others so far relates to the petitioner is hereby declared to have been passed without any lawful authority. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 161. ....... Government of the People's Republic of Bangladesh.................Respondent Judgment April 16, 2002. Cases Referred to- Azizul Haque Sikder and others Vs. Collector of Customs, Chittagong and others 49 DLR (AD) 172; Mujibur Rahman Vs. Government of Bangladesh 44......se posts have been made of equal status and that petitioner cannot have any grievance against his seniority and transfer order which are related to the Terms and Conditions of his service. His proper remedy lies in the Administrative Tribunal and not in the writ jurisdiction. He has further submitte..Category: Employment/Service Law | Date: | Hits: 116
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......fiquddin Haider……............Accused-Petitioner Vs. State and another ……….................Opposite Parties Judgment May 8, 2002. Cases Referred To- Nagendra Vs. King Emperor, AIR 1924 Cal 476; G Narasimhulu Vs. Public Prosecutor, 1978 Cri LJ 502 = AIR 1978 (SC)429; State......ending in a subordinate court. 26. In State Vs. Abdul Wahab Shah Chowdhury and another 4 MLR (AD) 291=51 DLR (AD) 242 principles enunciated are as follows: Anticipatory bail is an extraordinary remedy, and an exception to the general law of bail which can be granted only in extraordinary and e..Category: Criminal Law | Date: | Hits: 79
Russel Vegetable Oil Ltd. Vs. Collector of Customs and others, 2000, 29 CLC (HCD)
....een noticed that the High Court Division in holding as above relied on another decision of this Division 11 BLD (AD) 227. In that decision it has been, inter-alia, observed that in principle where an alternative statutory remedy is available an application under article 102 may not be entertained to......Court High Court Division (Special Original Jurisdiction) Present: Kazi AT Manowaruddin J Md. Arayesuddin J Russel Vegetable Oil Ltd……………….Petitioner Vs. Collector of Customs and others………Respondents Judgment January 27, 2000. Result: Both ......ive value”, has done so without any authority or jurisdiction. 26. The learned Deputy Attorney-General lastly submits that the writ petitions are not maintainable inasmuch as equally efficacious remedy is available under the Customs Act, 1969. And in support of his submission he refers to the c..Category: Fiscal/Taxation Law | Date: | Hits: 79
Md. Nasirullah & other Vs. Md. Ziauddin Khan & others, 2007, 36 CLC (AD)
....on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 19. ......Khan & others………………….....Respondents Judgment May 15, 2007. Case Referred To- Abu Bakkar Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate instructed by Aftab Hossain, Advocate-on-Record- For the Petitioners. Not represente...... the mortgagor's right of redemption within a period of 60 years limitation has not been taken away by president's Order No. 88 of 1972 rather by promulgating President's Order No. 88 of 1972 a quick remedy has been made available to a raiyat but it did not in any way affect the long practised remed..Category: Property Law | Date: | Hits: 60
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......r Faruk (Md.) and others………..Petitioner Vs. Government of Bangladesh and others …..Respondents Judgment November 26, 1998. Lawyers Involved: Md. Sirajul Huq, Advocate — For the Review- Petitioners. Not Represented — For the Respondents. Review Petition Nos. 15 &......ction. It is not because a conclusion is wrong but because something obvious has been overlooked. Some important aspect of the matter has not been considered, that a review petition will lie. It is a remedy to be used only in exceptional circumstances.” Order 47 rule 1 CPC also provides for rev..Category: Fiscal/Taxation Law | Date: | Hits: 90
....the proceedings in Criminal Case No. 13 of 1989 and in Criminal Case No. 7 of 1989 pending in the 1st Labour Court, Dhaka are hereby quashed.
Ed.
This Case is also Reported in: 55 DLR (2003) 231.......evisional Jurisdiction)
Present:
Md. Ali Asgar Khan J
SK Sinha J
Abdul Hamid Khan, GM, Daily Banglar Bani (Modhumoti Mudranalya).......Accused Petitioner
Vs.
Md. Abul Kashem (Ex Senior Retoucher of Banglar Bani)………Complainant-Opposite-parties
Judgment
July 4, 2000.
L......tion 55 of the Industrial Relations Ordinance 1969.
6. In both the cases, the Labour Court passed orders under section 25 of the Employment of Labour (Standing Orders) Act, 1965 and therefore, the remedy, if any, for violation of such orders is available under section 26 of the said Act, Section ..
Category: Labour and Industrial Law | Date: | Hits: 184
....devoid of any substance and the same must discharged.
In the result, the Rule is discharged, however, without any order as to cost.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 72.
......rt
High Court Division
(Special Original Jurisdiction)
Present:
Kazi Ebadul Hoque J
AK Badrul Huq J
Abdul Hafiz (Md.) and others……………………. Petitioners
Vs.
Director General, Bureau of Anti-Corruption, Government of Bangladesh ………Respondents
Judgment
...... and of no legal effect. The petitioners could very well invoke criminal jurisdiction under the provisions of the Code of Criminal Procedure to ventilate their grievances. But without availing of the remedy, available to them, under the Criminal jurisdiction, they invoked the writ jurisdiction. The ..
Category: Anti-Corruption Laws | Date: | Hits: 191
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....ly an academic one. Mr. Nabi further referred clause 8 of the agreement to contend that it provides for arbitration and the petitioners not having had gone for arbitration writ fails on the ground of alternative remedy provided in the agreement itself. Clause 8 of the agreement reads: “৮) উ...... Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Md. Mozammel Hossain J QC Shipping Limited and another………………Petitioners Vs. Chittagong Port Authority and others……………………….... Respondents Judgment August 6, 1998.......ic one. Mr. Nabi further referred clause 8 of the agreement to contend that it provides for arbitration and the petitioners not having had gone for arbitration writ fails on the ground of alternative remedy provided in the agreement itself. Clause 8 of the agreement reads: “৮) উক্ত ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......……….Petitioner Vs. Government of the People’s Republic of Bangladesh & another……………Respondents Judgment November 30, 1999. Cases Referred To- Managing Director, Dhaka WASA Vs. Superior Builders and Engineers Ltd. 51 DLR (AD) 56; Associate Provincial Picture......challenged by filing a writ petition. The High Court Division made the Rule absolute. It was contended on behalf the WASA that the writ petition arises out of a contract and in case of its breach the remedy did not lie in a writ petition. It had been held by the Appellate Division that a writ petiti..Category: Others | Date: | Hits: 95
Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)
....e basic norm of "social justice' as enshrined in the preamble and under Article 8 of our Constitution. 42. Without rendering effective assistance and making offer to the company for manufacturing alternative 'non-alcoholic products, cancellation of the registration of the Company was not proper.......ioners Vs. Board of Investment and Others........................Respondents Judgment April 6, 2004. Cases Referred to- Chairman, Board of Intermediate and Secondary Education, Jessore and others vs. Md. Amir Hossain and another, 56 DLR (AD) 24, M A Hai vs. Trading Corporation of ...... is not maintainable for there has been a violation of the terms and conditions of the registration/approval and if there be any grievances of the petitioners for cancellation of the registration the remedy lies in a suit for damages and not under Article 102 of the Constitution. These respondents h..Category: Others | Date: | Hits: 182
Friends Corporation Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....For the aforesaid reason, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 23. ......s Case is also Reported in: 51 DLR (HCD) (1999) 23. ......bstance. 8. Mr. Deputy Attorney-General opposes this Rule on the ground of maintainability. He submits that as the petitioner himself stated that he having had taken appeal without exhausting that remedy this petition is not maintainable. We are also of the view that as the petitioner filed appea..Category: Fiscal/Taxation Law | Date: | Hits: 84
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
.... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ....... Judgment November 11, 2010. Case Referred to- Md. Delwar Hossain Vs. Bangladesh and others, 24 BLD (HC) 323. Lawyers Involved: Abdur Razzaq with Shahjada Al-Amin Kabir, Advocates-for the Petitioner. M. Shafiullah, Advocate-for Respondent No. 2. M.A. Samad with M.G.H. Ruhull...... respect of the auctioned land had already been executed and registered and the matter reached in finality. Section 57 of the Artha Rin Adalat Ain, 2003 will also not apply because of having specific remedy under the law. However, the writ petitioner had remedy under Order XXI rule 90 of the Code, w..Category: Civil Law | Date: | Hits: 183
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....interim orders and that the comments were intended to be factual and informative. 74. Next question is whether any criticism made or published which is based on factual and informative or in the alternative, truth can be set up as a defence in a proceeding for Contempt of Court. This is certain...... Judgment August 19, 2010. Cases Referred to- Sparks V. Martyn (1669), 1 Vent.1. R.V. Lefroy, (1873) L.R.8 QB 134, Re. Abdool, 8 WR Cr 31, Sukhdev Singh V. Teja Singh, AIR 1954 SC 186, Emperor V. B.G. Horniman, AIR 1945 All 1 p. 4 (M), Andre Paul and Terence Ambard V. The Attorney General ......n formerly existed between Courts of record and Courts not of record that in the case of the former, where a judgment was alleged to be wrong a writ of error lay whereas in the case of the latter the remedy was by way of a writ of false judgment. All Courts of record, with the exception of the Co..Category: Criminal Law | Date: | Hits: 163
Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
....ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ......nts Judgment December 8, 1998. Cases Referred To- AIR 1937 (PC) 114; 1966 PLD (SC) 724. Lawyers Involved: Syed Istiaque Ahmed with Shafique Ahmed and Kazi Kamrul Alam, Advocates—For the Petitioner. Mahmudul Islam, Attorney-General with Obaidul Hasan Shahen Assistant Attorney ......hat even if it is assumed for argument’s sake that the impugned order is an appealable order but the provisions of appeal as provided by section 193 of the Customs Act is not efficacious and speedy remedy like the writ petition because no ad-interim order can be passed by the Appellate authority. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
....pondents are to take steps accordingly without delay.
In the result, these Rules are made absolute without any order as to costs.
Ed.
This case is also Reported in: 52 DLR (HCD) (2000) 308.
......ourt Division
(Civil Revisional Jurisdiction)
Present:
Kazi AT Manowaruddin J
Md. Arayesuddin J
Rabia Bashri Irene and another……………..Petitioners
Vs.
Bangladesh Biman Corporation, represented by MD. & another……………Respondents
Judgment
March 5, 2000......ons are not maintainable inasmuch as these petitioners are mainly for the enforcement of contractual right and that being so he argues this is not the appropriate forum, civil suit is the appropriate remedy.
47. The respondent Bangladesh Biman, the employer of the petitioners is a statutory corpo..
Category: Employment/Service Law | Date: | Hits: 113
Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)
....f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530....... Cases Referred to- Tamizul Haque vs. Shamsul Haque 43 DLR (AD) 34; Afrus Miah and another vs. Al-Haj Md. Siraj Miah and others 43 DLR (AD) 89. Lawyers Involved: Dr. AKM Ali Advocate — For the Petitioner. Rabindra Ghosh, Advocate — For Respondent No. 1. Company Matter No. 85 of......able. 30. Referring to the case of Afrus Miah and another Vs. Al-Haj Md. Siraj Miah and others reported in 43 DLR (AD) 89 Mr. Ghosh submits that on the facts of the present case the petitioner’s remedy lies only in the Civil Suit. 31. On perusal of the aforesaid decision I find that their Lo..Category: Company Law | Date: | Hits: 194
Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)
....and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ......er, Bhumi Appeal Board and others……….Respondents Judgment March 25, 1997. Cases Referred to- Monirunnahar Begum vs. Shahed Ali, 1 BCR (1981) 43; Hossain Uddin vs. Additional Collector, 14 DLR 753. Lawyers Involved: Shafique Ahmed with Shahid Ahmed, Advocates — For the Peti...... before the ADC (Rev). Khulna under section 53 of the Public Demands Recovery Act, 1913, It is submitted that the member of the Land Appeal Board failed to consider that a person without availing the remedy by way as provided in sections 22, 23 of the Public Demands Recovery Act within the time limi..Category: Property Law | Date: | Hits: 107
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