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Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....nce of the offence against the accused petitioner was taken illegally, as such, the order passed taking cognisance of the offence against the accused petitioner is liable to be set aside or, in the alternative, the entire proceeding should be quashed. In support of his submissions, the learned Adv...... Vs. Mrinal Kanti Das and others………………………Opposite Parties Judgment March 15, 2006. Lawyers involved: AKM Faiz with HS Deb Barman, Advocates—For the Petitioner. Khondker Mahbub Hossain with Afroza Nazneen, Advocates—For the Opposite ......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ..Category: Criminal Law | Date: | Hits: 27
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
.... the fundamental rights of the citizen conferred by Part III of the Constitution. Article 102(2) of the Constitution empowers the High Court to issue any order of judicial review only when no other alternative efficacious remedy is available. Article 44 of the Constitution entitles any person to......lh Kumar vs. Union of India has been overruled by the case of Chandra Kumar vs. Union of India AIR 1997 SC 1125. Lawyers involved: Amirul Islam with Dr. S Shirin Chowdhury Advocates —For the Petitioners (In all the Writ Petitions). Adilur Rahman Khan, Deputy Attorney-General w......of the citizen conferred by Part III of the Constitution. Article 102(2) of the Constitution empowers the High Court to issue any order of judicial review only when no other alternative efficacious remedy is available. Article 44 of the Constitution entitles any person to apply to the High Court D..Category: Employment/Service Law | Date: | Hits: 107
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....ng those steps, the accused persons failed to refrain Shujan and, as such, they hatched conspiracy to kill him. In view of such threat on his life, Shujan had to return to Dhaka on 1-7-2001 taking an alternative route to avoid suspected attack from his political rivals. 5. On 3-7-2001 at about 6-......ra Baroi, 6 BCR (AD) 225. Sharad Birhichand Sarda vs. State of Maharashtra, AIR 1984 Supreme Court, (CrILJ) 1622; AIR 1964 Madhya Pradesh 30; State vs. Shahidul Islam @ Shahid, 58 DLR 545; Zahed Ali Forman (Driver) vs. State, 9. BLC (AD) 122; Rustom vs. State, 11 BLC 467; Mrs. Jobaida Rashid vs. Sta......thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345...Category: Criminal Law | Date: | Hits: 109
Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)
.... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......59 DLR (2007) 325. ...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ..Category: Criminal Law | Date: | Hits: 81
Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
....airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ......hury J Md. Nizamul Huq J Aminul Haque Shamim (Md)…….………………….Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Information and others........................Respondents Judgment January 6, 2003. Lawyer Inv......tion to be without any basis and or for direction to pay compensation by the aforesaid respondent Nos. 4 and 5 are not justiciable under Article 102 of the Constitution, there being other efficacious remedy available and also the aforesaid respondent Nos. 4 and 5 being not persons performing any fun..Category: Constitutional Law | Date: | Hits: 213
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......d Distribution Co. Ltd…………Appellant Vs. Shams Company and others………………………………….Respondents Judgment August 16, 2001. Lawyers Involved: Sufia Ahmed for Tofailur Rahman, Advocates—For the Appellant. Habibul Islam Bhuiyan with Faruque Ahmed, Advo......erned is irrelevant for determining the question of limitation for filing objections under Article 119 (b) of the Limitation Act, 1963 (Article 158 of Limitation Act, 1908).” 16. Now what is the remedy from such ex parte decree? It is also now settled that in view of section 41 of the Act, all ..Category: Property Law | Date: | Hits: 31
Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)
....nd is insufficient on 18.02.2004. On request of the accused, complainant further deposited the cheque but the cheque was dishonored noting that the fund is insufficient on 24.02.2004. Having no other alternative on 04.03.2004 the complainant sent a legal notice through his Advocate stating all the f......esent: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Jamal Uddin………….........Petitioner Vs. Dr. ABM Morshed Alam……………..Respondents Judgment April 13, 2010. Lawyers Involved: A. Y.......r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ..Category: Criminal Law | Date: | Hits: 39
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
..... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ...... State, 48 DLR 269; 1986 BLD (AD) 283; 51 DLR 154; 53 DLR (AD) 1; 41 DLR 385; 35 DLR 5, 127; 10 DLR (SC) 29. Lawyers Involved: Farhad Ahmed with Dewan Abdun Naser and Fazle Rabbi, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-General, Md Jalaluddin, Assistant ............................................. (c) .............................................. (d) .............................................. e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punish..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....he Government and that her right or interest in the building has not been affected by the provisions of PO No. 16 of 1972. But in the facts and circumstances of the case when the State has devised an alternative forum for giving complete relief to the appellant, the learned judges observed, she coul....... De Reuzen; Mostafa Kamal Vs. First Court of Settlement 48 DLR (AD) 61; Government of Bangladesh Vs. Md. Jalil 48 DLR (AD) 10=15 BLD (AD) 175=49 DLR (AD) 26. Lawyers Involved: MI Farooqui, Senior Advocate with Ruhul Quddus, Advocate instructed by MG Bhuiyan, Advocate-on-Record—For the Appel......and 87 of the Patents Act, 1949, that no appeal lay to the Court of Appeal from the decision of the Parents Appeal Tribunal in the said proceedings, that it was an inferior tribunal and that the only remedy of persons aggrieved by its decision was by way of an order of certiorari. 10. The fact le..Category: Property Law | Date: | Hits: 30
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
.... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ...... AIR 1937 (Allahabad) 29; Usha Doshi and another vs Suprava Sundari Devi and others CWN-99-260; Zamir Uddin Ahmed vs Ziaul Haque and others 49 DLR 622. Lawyers Involved: Md. Ozair Farooq with Morshed and Md. Shakhawat Hossain for Nikhilesh Dutta, Advocates — For the Petitioners. Shihabud...... his case.” 22. In the case of Bhondu Mal Vs. Thomas Skinner reported in AIR 1937 (Allahabad) 29 wherein their Lordships observed: “The lunatic so aggrieved is not confined to, the solitary remedy by way of review only; he can through his next friend institute suit for a declaration that t..Category: Property Law | Date: | Hits: 44
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
....uza and connected the public road. The suit passage is 6 feet in breath and 290 feet in length. The plaintiff predecessors-in-interest used this passage for more than 100 years and they have no other alternative passage to reach the public road. This is the only passage by which they can have ingres......il) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Giyash Uddin……………………………………………Petitioner (In both cases) Vs. Martuza Bibi and ors………………………………….Respondents (In both cases) Judgment January 23, 2......below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316...Category: Property Law | Date: | Hits: 33
Bangladesh Water Development Board Vs. Golam Robbani Khan and others, 2006, 35 CLC (AD)
....e respondent No.2 claiming the said amount and the respondent Nos.1-4 denied to pay the bill of the non-tender work without assigning any valid reason. Thereafter, the writ petitioner having no other alternative remedy filed writ petition under Article 102 of the Constitution and obtained rule to sh......sion (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Bangladesh Water Development Board, represented by its Director General, WAPDA Bhaban, Motijheel Commercial Area, Dhaka and another……………………….Pe...... No.2 claiming the said amount and the respondent Nos.1-4 denied to pay the bill of the non-tender work without assigning any valid reason. Thereafter, the writ petitioner having no other alternative remedy filed writ petition under Article 102 of the Constitution and obtained rule to show cause why..Category: Others | Date: | Hits: 82
Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......orted in: 54 DLR (2002) 75. ......arned Advocates on the question of maintainability. 7. Mr. Mahmudul Islam submits that the trial Court after accepting the Advocate Commissioner’s report having passed the final decree, the only remedy left to the petitioner was to file appeal against the final decree before the appellate Court..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......…………Respondents Judgment August 11, 1999. Case Referred To- Sadekuddin Ahmed Vs. RAJUK 46 DLR 205. Lawyers Involved: Md. Asaduzzaman with Syed Mahmud Hossain, Advocates—For the Petitioners in both of the Rules. KM Saifuddin Ahmad—For the Respondent No. 3 in both th......Section 6 of the General Clauses Act, 1897 provides that unless a different intention appears in the repealing Act that repeal of any enactment shall not affect any investigation, legal proceeding or remedy in respect of such right, privilege, obligations, liability, penalty, forfeiture or punishmen..Category: Property Law | Date: | Hits: 27
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
.... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120.......……………….Opposite Parties Judgment August 12, 1999. Cases Referred To- Atiqullah Khan Masud and others Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity Ltd 1 BLC 433; Corpus Juris Secondum Vol. 21 Para 193;Bengal Immunity Company Ltd Vs. State of Bihar, AIR1955; Carna......re, there is no jurisdiction for restricting the power conferred upon the High Court Division under section 115 of the Code of Civil Procedure by arguing that no revision should be entertained when a remedy by way of an appeal against the impugned order lies to a subordinate Court. The Division Benc..Category: Property Law | Date: | Hits: 34
....er. The petitioner could not prefer any appeal since it has become time barred when he came to know of the order and section 5 of the Limitation Act has no application. As the petitioner has no other alternative remedy he moved this Court and obtained the present Rule.
5. The respondent No. 6 ent......
Vs.
Assistant Commissioner of Land and Chairman, Debt Settlement Board and others………….. Respondents
Judgment
November 26, 2001.
Lawyers Involved:
Abdul Quayum, Advocate—For the Petitioner.
Not represented—the Respondents.
Writ Petition No. 1638 of 1996.
Judgm......tioner could not prefer any appeal since it has become time barred when he came to know of the order and section 5 of the Limitation Act has no application. As the petitioner has no other alternative remedy he moved this Court and obtained the present Rule.
5. The respondent No. 6 entered appeara..
Category: Property Law | Date: | Hits: 24
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....temporarily the normal business of a large number of working people in the urban area. When the vindication of the people’s grievances and demands are either inadequate or closed down, and no other alternative remedy is available to register people’s protest, an action to call for a hartal remai......icha and another vs State of Kerala and others, AIR 1997 (Kerala) 291; AIR 1998 (SC) 1984 and State of Texas vs Johnson, 491 USA 397 (1989) ref. Lawyers Involved: Maksudur Rahman, Advocate — For the Petitioner. Mahmudul Islam, Attorney-General with Shahabuddin Ahmad, Deputy Attorney-Gener......the normal business of a large number of working people in the urban area. When the vindication of the people’s grievances and demands are either inadequate or closed down, and no other alternative remedy is available to register people’s protest, an action to call for a hartal remains to be the..Category: Constitutional Law | Date: | Hits: 216
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......thers…..…………Defendants Judgment May 15, 2002. Cases Referred To- Muhammad Umar Beg Vs. Sultan Mahmood Khan, 1970 PLD (SC) 139; Danial Vs. Ferguson, (1891) 2 Ch 27; Von Joel Vs. Hornsey, (1895) 2 Ch 774; Israil Vs. Shamsur Rahman, 41 ILR Calcutta 436; The National Bank of India ......f the authority of the Court and hence the said wall should have been demolished forthwith. It is needless to say that a prompt action is essential if an injunction of mandatory nature is the desired remedy." 19. The necessity for exercising inherent jurisdiction by the Court has been correctly e..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43..............t proceeding lies for violation of an injunction order. 15. Oswald on Contempt, Second Edition, P 76, records the opinion that recourse ought not to be had to contempt proceeding in aid of a civil remedy where there is any other method of doing justice available. In footnote (O) in relation to pa..Category: Property Law | Date: | Hits: 34
Syed Ziaul Hasan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....tity module (SIM) Card according to the price fixed i.e. Taka 1800. There will be no order as to costs. Ed This Case is also Reported in: 59 DLR (2007) 238, 26 BLD (HCD) (2006) 366. ......f Bangladesh 2002 BLD 433 = 55 DLR 130; Bangladesh Telecom (Pvt) Ltd. vs. Bangladesh T & T Board 48 DLR (AD) 20 . Lawyers involved: Md. Idrisur Rahman with Shamsul Haque, Advocates—For the Petitioners. AJ Mohammad Ali, Attorney-General with Nahid Mahtab, Assistant Attorney-Ge......h, the impugned notice dated 13-6-2005, Annexure-Dl issued pursuant to the SRO dated 9-6-2005 is no longer in existence and, as such, the Rule has become infructuous. It is further contended that the remedy of the petitioners lies in suit for damages in the civil Court. 5. The respondent No. 6..Category: Fiscal/Taxation Law | Date: | Hits: 131
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